10 Imm. L.R. (2d) 137, 42 Admin. L.R. 189. Appeal allowed and cross-appeal dismissed. With respect to the main appeal, assuming
without deciding that s. 7 is applicable, ss. 82.1 and 83 of the Immigration Act, 1976, do not infringe or deny the rights guaranteed by
s. 7 of the Canadian Charter of Rights and Freedoms and reliance upon the certificate authorized by s. 83 of the Immigration Act, 1976,
did not result in an infringement of s. 7 having regard to the process followed by the Security Intelligence Review Committee. With
respect to the cross-appeal, the requirement that persons convicted of an offence carrying a maximum punishment of five years or more
be deported, without reference to the circumstances of the offence or the offender, does not offend s. 15, or ss. 7 or 12 assuming without
deciding that these sections applied.
David Sgayias, Q.C., and Gerry N. Sparrow, for the appellant.
Irwin Koziebrocki and David Schermbrucker, for the respondent.
Simon Noлl and Sylvie Roussel, for the intervener.
The judgment of the Court was delivered by
//Sopinka J.//
SOPINKA J. -- This appeal calls into question the constitutionality of the statutory scheme pursuant to which a permanent resident can
be deported from Canada if, upon the report of an immigration officer and following an inquiry, he is found to have been convicted of an
offence for which a term of imprisonment of five years or more may be imposed. The scheme is attacked on the grounds that it violates
ss. 7 and 12 of the Canadian Charter of Rights and Freedoms. A further attack, based on s. 7 of the Charter, is brought against the
interaction of that scheme with investigations conducted by the Security Intelligence Review Committee into the activities of persons
reasonably believed to be involved in certain types of criminal or subversive activity.
I. The Legislative Scheme
This appeal requires the Court to consider the operation of a comprehensive legislative scheme which governs the deportation of
permanent residents who have been convicted of certain criminal offences. I find it convenient to reproduce the relevant provisions at
the outset. The provisions are those that were in force when these proceedings were commenced by the inquiry before the adjudicator.
Since that time, several of the section numbers have been amended and there have been other minor amendments such as the
consolidation of two subsections into one. However the substance of the provisions relevant to this appeal remains the same. (See
Immigration Act, R.S.C., 1985, c. I-2).
Immigration Act, 1976, S.C. 1976-77, c. 52, as amended by the Canadian Security Intelligence Service Act, S.C. 1984, c. 21
4. . . .
(2) Subject to any other Act of Parliament, a Canadian citizen, a permanent resident and a Convention refugee while lawfully in
Canada have a right to remain in Canada except where
(a)in the case of a permanent resident, it is established that that person is a person described in subsection 27(1);
19. (1) No person shall be granted admission if he is a member of any of the following classes:
. . .
(d) persons who there are reasonable grounds to believe will
. . .
(ii) engage in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in
furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment;
27. (1) Where an immigration officer or peace officer has in his possession information indicating that a permanent resident is a
person who
. . .
(d) has been convicted of an offence under any Act of Parliament for which a term of imprisonment of
(i) more than six months has been imposed, or
(ii) five years or more may be imposed,
. . .
he shall forward a written report to the Deputy Minister setting out the details of such information.
(3) Subject to any order or direction of the Minister, the Deputy Minister shall, on receiving a report pursuant to subsection (1) or (2),
and where he considers that an inquiry is warranted, forward a copy of that report and a direction that an inquiry be held to a senior
immigration officer.
(4) Where a senior immigration officer receives a copy of a report and a direction pursuant to subsection (3), he shall, as soon as
reasonably practicable, cause an inquiry to be held concerning the person with respect to whom the report was made.