A.G. of Canada v. Brent

A.G. of Canada v. Brent

Regulation 20(4) was an invalid delegation of authority under s.61 of the Immigration Act; therefore the deportation order was not made under the authority of the Act and s.39 did not preclude judicial review, so the deportation order was quashed.

Source-derived case information.

Citation
[1956] SCR 318
Parties
Appellant (plaintiff): Attorney General of Canada; Respondent (defendant): Shirley Kathleen Brent
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 February 1956
Procedural Posture
Immigration Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; order of the Court of Appeal quashing the deportation order confirmed
Legal Topics
Delegation of Authority, Regulatory Validity, Habeas Corpus, Certiorari, Deportation, Ouster Clause
Source Language
english
Immigration Administrative Law Judicial Review Constitutional Law Delegation of Authority Regulatory Validity Habeas Corpus Certiorari +2 more

Source-derived case record

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Parties

Attorney General of Canada

Appellant (plaintiff)

Shirley Kathleen Brent

Respondent (defendant)

Procedural Posture

Immigration Appeal to Supreme Court of Canada / On Appeal From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether Regulation 20(4) unlawfully delegated Governor in Council authority under s.61 of the Immigration Act to Special Inquiry Officers
  2. 2 Whether a deportation order made under an invalid regulation is protected from judicial review by s.39 of the Immigration Act
  3. 3 Whether the deportation order was quashable by certiorari/habeas corpus

Ratio Decidendi

Regulation 20(4) was an invalid delegation of authority under s.61 of the Immigration Act; therefore the deportation order was not made under the authority of the Act and s.39 did not preclude judicial review, so the deportation order was quashed.

Court Disposition

Appeal dismissed with costs; order of the Court of Appeal quashing the deportation order confirmed

Orders

  • Appeal dismissed with costs
  • Deportation order quashed