Mvana c. Canada (Citoyenneté et Immigration)

Mvana c. Canada (Citoyenneté et Immigration)

Section 36(3)(a) of the IRPA does not violate s.15(1) of the Charter when read in the context of s.6(1) because the Charter authorizes a citizenship-based distinction in immigration law; the Federal Court applied the correct standard of review; therefore the certified question is answered in the negative and the...

Source-derived case information.

Citation
2024 CAF 49
Parties
Appellant: Akim Mvana; Respondent: The Minister of Citizenship and Immigration
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
18 March 2024
Procedural Posture
Judicial Review Appeal Under the Immigration and Refugee Protection Act (irpa) / Federal Court of Appeal Judgment on Appeal From Federal Court Judicial Review Decision
Outcome
Appeal dismissed
Legal Topics
Section 36(3)(a) IRPA (hybrid Offences Treated as Indictable), Section 15(1) Charter Equality, Section 6(1) Charter Citizenship Exception, Standard of Review (correctness), Deportation/expulsion Regime
Source Language
fr
Immigration Law Constitutional Law Administrative Law Charter Law Section 36(3)(a) IRPA (hybrid Offences Treated as Indictable) Section 15(1) Charter Equality Section 6(1) Charter Citizenship Exception Standard of Review (correctness) +1 more

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Parties

Akim Mvana

Appellant

The Minister of Citizenship and Immigration

Respondent

Procedural Posture

Judicial Review Appeal Under the Immigration and Refugee Protection Act (irpa) / Federal Court of Appeal Judgment on Appeal From Federal Court Judicial Review Decision

  1. 1 Whether s.36(3)(a) IRPA violates s.15(1) of the Charter despite s.6(1) and is therefore inoperative under s.52
  2. 2 Whether the Federal Court applied the correct standard of review in upholding the Immigration Appeal Division's decision
  3. 3 Whether s.36(3)(a) is ambiguous and if ambiguity would render it contrary to s.15

Ratio Decidendi

Section 36(3)(a) of the IRPA does not violate s.15(1) of the Charter when read in the context of s.6(1) because the Charter authorizes a citizenship-based distinction in immigration law; the Federal Court applied the correct standard of review; therefore the certified question is answered in the negative and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed without costs
  • Certified question answered: No (s.36(3)(a) IRPA does not contravene s.15(1) of the Charter despite s.6(1); not inoperative under s.52)