The Federal Court dismissed judicial review, holding the Charter challenge was misdirected because the Immigration Division lacked discretion to refuse the deportation order.
The Federal Court dismissed a motion to stay the applicants’ removal to Sweden, finding they narrowly raised a serious issue but failed to show irreparable harm or a favorable balance of convenience.
The court sentenced F.C.M. to 4.5 years for sexual interference with a seven-year-old child, granted enhanced remand credit, and imposed ancillary criminal orders.
The Federal Court dismissed judicial review of an inadmissibility ruling, finding the Immigration Division reasonably concluded the applicant was a KGB member and that the KGB engaged in espionage against Canada.
Judicial review of a deportation order was dismissed. The Court held the ID reasonably found serious criminality and no procedural fairness breach arose.
The Federal Court set aside a Minister’s Delegate referral and the resulting inadmissibility decision, finding the delegate’s risk-of-reoffending analysis unreasonable.
Custody for four months was imposed because the offender bore a high degree of responsibility and planning, committed a third deliberate stowaway re‑entry after explicit CBSA warnings and deportations, and denunciation and deterrence outweigh mitigating factors; a discharge was not in the accused's best interests nor in the public interest and immigration consequences, while considered, were not determinative for a non‑status offender, but a reduced custodial term (four months) was fit and allowed for immediate deportation.
The application judge's factual findings that the appellant's plea was voluntary were supported by the evidence and entitled to deference; the sentence of 17 months' incarceration and the restitution component were within the judge's discretion and not demonstrably unfit, so both the conviction and sentence appeals are dismissed.