1 (a) Do sections 82.1 and 83 of the Immigration Act, 1976, S.C. 1976-77, c. 52, as amended by S.C. 1984, c. 21, s. 84 (now ss. 81
and 82 of the Immigration Act, R.S.C., 1985, c. I-2) infringe or deny the rights guaranteed by s. 7 of the Canadian Charter of Rights and
Freedoms?
Answer:Assuming without deciding that s. 7 applies, the answer is no.
(b) If the sections referred to above do infringe or deny the rights guaranteed by s. 7 of the Charter, are they justified by s. 1 of the
Charter?
Answer:This question does not have to be answered.
2 (a) Does reliance upon the certificate authorized by s. 83 of the Immigration Act, 1976, S.C. 1976-77, c. 52, as amended by
S.C. 1984, c. 21, s. 84 (now s. 82 of the Immigration Act, R.S.C., 1985, c. I-2) filed in the respondent's case result in an infringement of
his rights pursuant to s. 7 of the Charter, because the process followed by the Security Intelligence Review Committee did not meet the
requirements of s. 7?
Answer: Assuming without deciding that s. 7 applies, the answer is no.
(b) If reliance upon the certificate does infringe or deny the rights guaranteed by s. 7 of the Charter, is it justified by s. 1 of the Charter?
Answer:This question does not have to be answered.
Cross-Appeal
1 (a) Do s. 27(1)(d)(ii) and s. 32(2) of the Immigration Act, 1976, S.C. 1976-77, c. 52, as amended by S.C. 1984, c. 21, s. 84 (now
s. 27(1)(d)(ii) and s. 32(2) of the Immigration Act, R.S.C., 1985, c. I-2) infringe or deny the rights guaranteed by ss. 7, 12 and 15 of the
Canadian Charter of Rights and Freedoms in that they require the deportation of persons convicted of an offence carrying a maximum
punishment of five years or more, without reference to the circumstances of the offence or the offender?
Answer:With respect to s. 15, the answer is no. Assuming, without deciding, that either s. 7 or s. 12 apply, the answer is no.
(b) If the paragraph and subsection referred to above do infringe or deny the rights guaranteed by ss. 7, 12 and 15 of the Charter, are
they justified by s. 1 of the Charter?
Answer:This question does not have to be answered.
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.
Solicitor for the appellant: John C. Tait, Ottawa.
Solicitor for the respondent: Irwin Koziebrocki, Toronto.
Solicitors for the intervener: Noлl, Berthiaume, Aubry, Hull.
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IMMIGRATION AND REFUGEE PROTECTION ACT
INTRODUCED
OTTAWA, February 21, 2001 -- Elinor Caplan, Minister of Citizenship and
Immigration, today tabled the Immigration and Refugee Protection Act in the House
of Commons, reaffirming her commitment to be tough on criminals while
strengthening efforts to attract skilled immigrants.
The new bill incorporates a number of recent proposals from Canadians, yet
maintains the core principles and provisions of Bill C-31, the immigration legislation
introduced prior to last fall's general election.
The Minister said the legislation reintroduces severe penalties -fines of up to
$1 million and life in prison -- for people smugglers and traffickers, speeds up
family reunification, and maintains Canada's humanitarian tradition of providing safe
haven to people in need of protection.
"By saying 'No' more quickly to people who would abuse our rules, we are able to