Canada (Minister of Employment and Immigration) v. Chiarelli

Canada (Minister of Employment and Immigration) v. Chiarelli

Assuming s.7 applies, ss.82.1 and 83 and reliance on an s.83 certificate do not violate s.7 given the context‑sensitive scope of fundamental justice, the historical and statutory nature of compassionate appeal as discretionary, and the Review Committee process which provided adequate disclosure of substance and opportunities to respond while protecting intelligence sources; likewise ss.27(1)(d)(ii) and 32(2) do not violate s.15 and, assuming applicability of ss.7 or 12, do not breach those sections because mandatory deportation for deliberate breach of a core residency condition is a legitimate, non‑arbitrary exercise of Parliament's immigration power and not cruel and unusual.

Citation
[1992] 1 SCR 711
Parties
Appellant and Cross‑respondent: Canada (Minister of Employment and Immigration); Respondent and Cross‑appellant: Joseph (Giuseppe) Chiarelli; Intervener: Security Intelligence Review Committee
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 March 1992
Procedural Posture
Appeal Concerning Constitutionality of Immigration Deportation Scheme and Review Committee Procedure / Appeal to the Supreme Court of Canada From the Federal Court of Appeal (final Disposition)
Outcome
Appeal allowed; cross‑appeal dismissed (with costs).
Legal Topics
Deportation, Security Intelligence Review, Natural Justice and Procedural Fairness, Charter — S.7 (life, Liberty, Security), Charter — S.12 (cruel and Unusual), Charter — S.15 (equality), Certificates Limiting Appeals, Parliamentary Immigration Power
Source Language
English
Constitutional Law Administrative Law Immigration Law Criminal Law (contextual) Deportation Security Intelligence Review Natural Justice and Procedural Fairness Charter — S.7 (life, Liberty, Security) +4 more

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Parties

Canada (Minister of Employment and Immigration)

Appellant and Cross‑respondent

Joseph (Giuseppe) Chiarelli

Respondent and Cross‑appellant

Security Intelligence Review Committee

Intervener

Procedural Posture

Appeal Concerning Constitutionality of Immigration Deportation Scheme and Review Committee Procedure / Appeal to the Supreme Court of Canada From the Federal Court of Appeal (final Disposition)

Legal Issues

  1. 1 Whether ss.82.1 and 83 of the Immigration Act infringe s.7 of the Charter
  2. 2 Whether reliance on an s.83 certificate infringes s.7 because of the in camera procedure of the Security Intelligence Review Committee
  3. 3 Whether ss.27(1)(d)(ii) and 32(2) of the Immigration Act violate ss.7, 12 and 15 of the Charter by mandating deportation without regard to circumstances

Ratio Decidendi

Assuming s.7 applies, ss.82.1 and 83 and reliance on an s.83 certificate do not violate s.7 given the context‑sensitive scope of fundamental justice, the historical and statutory nature of compassionate appeal as discretionary, and the Review Committee process which provided adequate disclosure of substance and opportunities to respond while protecting intelligence sources; likewise ss.27(1)(d)(ii) and 32(2) do not violate s.15 and, assuming applicability of ss.7 or 12, do not breach those sections because mandatory deportation for deliberate breach of a core residency condition is a legitimate, non‑arbitrary exercise of Parliament's immigration power and not cruel and unusual.

Court Disposition

Appeal allowed; cross‑appeal dismissed (with costs).

Orders

  • Appeal allowed and cross‑appeal dismissed with costs
  • Answers to constitutional questions: ss.82.1 and 83 do not infringe s.7 (assuming applicability); reliance on s.83 certificate did not infringe s.7 (assuming applicability); ss.27(1)(d)(ii) and 32(2) do not offend s.15 and, assuming applicability, do not offend ss.7 or 12.