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A-162-75
Gilbert Thomas Hinton and Jill Hinton (Applicants)
v.
The Minister of Manpower and Immigration (Respondent)
Court of Appeal, Pratte, Urie and Ryan JJ.— Vancouver, April 25, 1975.
Judicial review—Deportation order—Remarks of Special Inquiry Officer suggesting to proceed without counsel—Enti- tlement to counsel under s. 26 of Immigration Act—Special inquiry illegally conducted—Deportation order set aside Federal Court Act, s. 28.
APPLICATION for judicial review. COUNSEL:
D. J. Rosenbloom for applicants. G. C. Carruthers for respondent.
SOLICITORS:
Gibbons, Rosenbloom, Baigent & Germaine, Vancouver, for applicants.
Deputy Attorney General of Canada for respondent.
The reasons for judgment of the Court were delivered orally in English by
PRATTE J.: We are all of the view that this application should succeed, and that the deporta tion order made against the applicants should be quashed.
Under section 26 of the Immigration Act, "The person concerned, if he so desires ... has the right to obtain and to be represented by counsel at his hearing". In our view, this section presupposes that the person concerned has the right to decide whether or not he will be represented by counsel without any suggestion or interference from the Special Inquiry Officer. In the present case, cer tain of the remarks made by the Special Inquiry Officer, could be interpreted by the person con cerned as an invitation to proceed without the assistance of counsel. For these reasons the requirements of section 26(2) were not met and, as a consequence, the special inquiry which resulted in the deportation order here in question was illegally conducted.
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