przypuszczac, ze jesli zostanie usuniety krzyz papieski z terenu
zwirowiska, za kilka lat zupelnie zaniknie - i tak juz slabiutka
swiadomosc, ze w Oswiecimiu rowniez zgineli Polacy.
[1992] 1 S.C.R.
Canada (Minister of Employment and Immigration) v. Chiarelli
711
The Minister of Employment and Immigration Appellant and Cross-Respondent
v.
Joseph (Giuseppe) Chiarelli Respondent and Cross-Appellant
and
The Security Intelligence Review Committee Intervener
Indexed as: Canada (Minister of Employment and Immigration) v. Chiarelli
File No.: 21920.
1991: October 28; 1992: March 26.
Present: Lamer C.J. and La Forest, L'Heureux-Dubй, Sopinka, Gonthier, Cory, McLachlin, Stevenson and Iacobucci JJ.
ON APPEAL FROM THE FEDERAL COURT OF APPEAL
Immigration -- Deportation -- Permanent resident convicted of serious offence and ordered deported -- Appeal to Immigration Appeal
Board on compassionate grounds barred if Security Intelligence Review Committee finding involvement with organized crime -
Summary provided of Committee's in camera proceedings -- Whether infringement of s. 7 right to liberty and right not to be deprived
thereof except in accordance with principles of fundamental justice -Immigration Act, 1976, S.C. 1976-77, c. 52, ss. 4(2), 19(1)(d)(ii),
27(1)(d)(i), (ii), (3), (4), 32(2), 72(1)(a), (b), 82.1(1), (2)(a), (c), (3), (4), (5), (6)(a), (b), 83(1)(a), (2).
Constitutional law -- Charter of Rights -- Right to liberty and right not to be deprived thereof except in accordance with principles of
fundamental justice -- Deportation of permanent resident convicted of serious crime -- Appeal to Immigration Appeal Board on
compassionate grounds barred if Security Intelligence Review Committee finding involvement with organized crime -- Summary
provided of Committee's in camera proceedings -- Whether infringement of s. 7 right to liberty and right not to be deprived thereof except
in accordance with principles of fundamental justice -- Canadian Charter of Rights and Freedoms, ss. 1, 7.
Constitutional law -- Charter of Rights -- Cruel and unusual punishment or treatment -- Deportation of permanent resident convicted of
serious crime -- Whether infringement of s. 12 right to freedom from cruel and unusual punishment or treatment -- Canadian Charter of
Rights and Freedoms, ss. 1, 12.
Constitutional law -- Charter of Rights -- Equality rights -Deportation of permanent resident convicted of serious crime -- Appeal to
Immigration Appeal Board on compassionate grounds barred if Security Intelligence Review Committee finding involvement with
organized crime -- Whether infringement of s. 15 right to equal benefit before and under the law -- Canadian Charter of Rights and
Freedoms, ss. 1, 15.
Administrative law -- Natural justice -- Fair hearing -- Security Intelligence Review Committee considering whether permanent
resident involved with organized crime -- Part of Committee hearing in camera -- Background material and summary of proceedings
provided -- Finding of involvement with organized crime barring appeal to Immigration Appeal Board on compassionate grounds.
This appeal called into question the constitutionality of the statutory scheme providing for the deportation of a permanent resident on
conviction of a serious criminal offence. The main appeal concerned the removal of a ground of appeal from a deportation order and the
procedure by which that removal is effected. The cross-appeal attacked the general statutory scheme.
Respondent was identified in an immigration report made by an immigration officer in January 1986 pursuant to s. 27 of the
Immigration Act, 1976, as a permanent resident convicted of an offence for which a term of imprisonment of five years or more may be
imposed and therefore a person described in s. 27(1)(d)(ii). An adjudicator, after an inquiry attended by appellant and his counsel, found
respondent to be a person described in that section and ordered him deported. The hearing of respondent's appeal to the Immigration
Appeal Board against the deportation order, brought pursuant to s. 72(1), was adjourned after the Solicitor General and the Minister of
Employment and Immigration made a joint report to the Security Intelligence Review Committee pursuant to s. 82.1(2) indicating
respondent to be a person reasonably likely to engage in organized crime.
The Review Committee conducted the required investigation and held a hearing. Prior to the hearing respondent was provided with
a document giving background information as to the hearing and summaries of information. A summary of the evidence taken in in
camera proceedings of this hearing and provided to respondent indicated that evidence was led that respondent, together with certain