Fairhurst v. Canada ( Minister of Citizenship and Immigration )
IMM-447-96
Rouleau J.
11/12/96
7 pp.
Application for order setting aside Minister's determination applicant constituting danger to public in Canada pursuant to Act, s. 70(5)-Applicant, citizen of Britain, entered Canada in 1988 and granted permanent resident status-In 1994, pleaded guilty to three counts of trafficking in cocaine, for which received 4 years incarceration on one count and 6 months on each of others-Received 15-day danger notice while incarcerated-Responded on own behalf but alleging unable to retain and instruct counsel due to short time allowed-Applicant sought to have decision set aside on grounds Minister failed to observe principles of natural justice and procedural fairness-Application allowed-Criminal conviction not necessarily, in and of itself, sufficient reason to conclude applicant posing danger to public-Circumstances of each case must, over and above conviction, indicate danger to public-Minister's opinion herein based entirely upon criminal conviction and on erroneous and unsubstantiated information contained in one-page report by immigration official, without regard to applicant's submission-Matter referred back to immigration authorities for reconsideration-Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as enacted by S.C. 1995, c. 15, s. 13).