Ann Chu v. Canada (Citizenship and Immigration)
The Court held that the five‑year period in section 28 of the IRPA applies to periods prior to June 28, 2002 and that applying section 28 retroactively does not breach section 7 of the Charter, adopting the reasoning in Heneghan J. (2006 FC 893).
Source-derived case information.
- Citation
- 2007 FCA 205
- Parties
- Appellant: Kit Mei Ann Chu; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 29 May 2007
- Procedural Posture
- Appeal / Final Judgment (reasons Delivered From the Bench)
- Outcome
- Appeal dismissed; certified questions answered: (i) Yes; (ii) No.
- Legal Topics
- Retroactivity, Section 28 IRPA, Charter S.7, Certified Questions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kit Mei Ann Chu
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Appeal / Final Judgment (reasons Delivered From the Bench)
Legal Issues
- 1 Does the five year period in section 28 of the Immigration and Refugee Protection Act apply to periods prior to June 28, 2002?
- 2 If so, does applying section 28 retroactively breach section 7 of the Canadian Charter of Rights and Freedoms?
Ratio Decidendi
The Court held that the five‑year period in section 28 of the IRPA applies to periods prior to June 28, 2002 and that applying section 28 retroactively does not breach section 7 of the Charter, adopting the reasoning in Heneghan J. (2006 FC 893).
Court Disposition
Appeal dismissed; certified questions answered: (i) Yes; (ii) No.
Orders
- Appeal dismissed.
- Certified questions answered: (i) Yes; (ii) No.
Full Case Text
Judgment text and source record
1 paragraphs
Ann Chu v. Canada (Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2007-05-29 Neutral citation 2007 FCA 205 File numbers A-363-06 Notes Digest Decision Content Date: 20070529 Docket: A-363-06 Citation: 2007 FCA 205 CORAM: DÉCARY J.A. LINDEN J.A. SEXTON J.A. BETWEEN: KIT MEI ANN CHU Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Vancouver, British Columbia, on May 29, 2007. Judgment delivered from the Bench at Vancouver, British Columbia, on May 29, 2007. REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. Date: 20070529 Docket: A-363-06 Citation: 2007 FCA 205 CORAM: DÉCARY J.A. LINDEN J.A. SEXTON J.A. BETWEEN: KIT MEI ANN CHU Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Vancouver, British Columbia, on May 29, 2007) DÉCARY J.A. [1] Despite Mr. Larson’s able argument, we have reached the view that there is nothing useful we could add to the reasons for judgment of Madam Justice Heneghan (2006 FC 893). [2] The appeal will be dismissed and the certified questions will be answered as follows: (i) The first certified question, “Does the five year period in section 28 of the Immigration and Refugee Protection Act apply to periods prior to June 28, 2002” is answered “Yes”. (ii) The second certified question, “If so, does applying section 28 retroactively breach section 7 of the Canadian Charter of Rights and Freedoms?” is answered “No”. "Robert Décary" J.A. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-363-06 STYLE OF CAUSE: KIT MEI ANN CHU v. MCI. PLACE OF HEARING: Vancouver, British Columbia DATE OF HEARING: May 29, 2007 REASONS FOR JUDGMENT BY: DÉCARY J.A. LINDEN J.A. SEXTON J.A. DELIVERED FROM THE BENCH BY: DÉCARY J.A. DATED: May 29, 2007 APPEARANCES: Darryl W. Larson FOR THE APPELLANT Banafsheh Sokhansanj FOR THE RESPONDENT SOLICITORS OF RECORD: Embarkation Law Group Vancouver, B.C. FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT