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Ahani ( Re )

DES-4-93

Denault J.

17/4/98

10 pp.

Solicitor General of Canada, Minister of Employment and Immigration signing certificate under Immigration Act, s. 40.1(1), stating opinion, based on security intelligence reports considered by them, respondent inadmissible person in Canada under Act, s. 19(1)(e)(iii), (iv)(C), 19(1)(f)(ii), (iii)(B), 19(1)(g)-Whether certificate issued by Ministers reasonable on basis of evidence, information available to Court-Canadian Security Intelligence Service (Service) having reasonable grounds to believe respondent member of Iranian Ministry of Intelligence Security (MOIS) which sponsors wide range of terrorist activities including assassination of political dissidents world-wide-Most, if not all facts sustaining Service's allegations against respondent established-Credibility of respondent at heart of matter-Terms "member", "organization", "terrorism" not defined in Immigration Act-Since Parliament has decided not to define these terms, not incumbent upon Court to define them-Disjunctive interpretation must be adopted so that person's responsibility flowing from membership may be linked in time to activities of organization-Word "member" not to be narrowly interpreted-Must receive broad, unrestricted interpretation-Word "terrorism" must also receive unrestricted interpretation-Reasonable grounds to believe respondent person engaged in terrorism or member of organization engaged in terrorism-Certificate filed by Ministers reasonable on basis of evidence, information available to Court-Immigration Act, R.S.C., 1985, c. I-2, ss. 19 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; c. 49, ss. 11, 122(c),(d); 1995, c. 15, s. 2; 1996, c. 19, s. 83), 40.1(1) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4; S.C. 1992, c. 49, s. 31).

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