Farahi-Mahdavieh ( Re )
DES-1-93
Denault J.
25/3/93
12 pp.
Farahi-Mahdavieh entering Canada illegally -- Subsequently detained by immigration officials acting under authority of Immigration Act, s. 40.1(1) and (2) certificate based on security or criminal intelligence reports -- Certificate stating Mahdavieh member of inadmissible class of persons likely to engage in acts of violence -- Copy of certificate referred to Federal Court for determination as to whether reasonable, based on evidence and information pursuant to s. 40.1(4)(d) -- Court examining security intelligence reports and other evidence in camera -- Providing Mahdavieh with summary of information -- Canadian Security Intelligence Service (CSIS) claiming Mahdavieh leading member of Mujahedin E Khalk (MEK), known terrorist organization engaged in urban guerilla operations internationally, working to overthrow Iranian government -- Alleging Mahdavieh leader of MEK in Canada, participated in planning attack on Iranian Embassy in Ottawa, directing fundraising, recruiting members of MEK, National Liberation Army of Iran -- Mahdavieh admitting membership in MEK, fundraising and recruiting activities, but denying any significant role in organization, involvement in attack on Embassy -- Issue of s. 40.1 certificate reasonable -- Although Smith v. Canada, [1991] 3 F.C. 3 (T.D.) holding appropriate to raise standard of proof required in cases involving determination of reasonableness of certificate issued pursuant to s. 40.1, as person named in certificate subject to mandatory detention while Court reviewing whether Minister and Solicitor General exercised discretion reasonably, Court should not require executive to satisfy higher standard of proof of reasonableness where Minister and Solicitor General determining reasonable grounds person will engage in acts of violence -- When s. 40.1 certificate not quashed by Federal Court, constituting conclusive proof person member of inadmissible class, i.e. persons involved in violence, espionage and subversion -- Certificate based on security or criminal intelligence report -- Issues raised concerning national security interest -- Under these circumstances Ministers required to prove neither high degree of probability violent acts will actually be committed nor actual membership in organization likely to engage in acts of violence -- Sufficient to show reasonable grounds to believe person member of such organization -- Applicable test set out in Attorney General of Canada v. Jolly, [1975] F.C. 216 (C.A.) -- Mahdavieh's testimony lacking credibility -- Involvement in MEK more significant than would have Court believe -- MEK's involvement in violent attack on Embassy leading to conclusion reasonable grounds to believe MEK organization likely to engage in acts of violence liable to endanger safety of persons in Canada -- Denault J. accepting s. 40.1 statutory code by itself -- Applying guidelines to be followed for exercise of judge's discretion on application of disclosure of information by Addy J. in Henrie v. Canada (Security Intelligence Review Committee), [1989] 2 F.C. 229 (T.D.), statement summarizing available information sufficient to keep detained person reasonably informed of circumstances giving rise to issue of certificate -- Further information or better particulars could jeopardize national security or safety of persons -- Immigration Act, R.S.C., 1985, c. I-2, ss. 4, 5, 19(1)(g), 32, 40.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4).