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The Federal Court allowed judicial review of a refugee-related permanent residence refusal, finding the officer’s credibility analysis unreasonable and insufficiently grounded in the evidence.
The court held s. 117 of the Immigration and Refugee Protection Act overbroad and read it down, while upholding ss. 124(1)(a) and 131 against Charter challenge.
The court dismissed Crown appeals in the MV Sun Sea case, upheld the acquittals, and held s. 36 of the MLACMA unconstitutional in criminal trials.
Sentencing after a jury conviction for human smuggling under s. 117 IRPA: the court imposed four years, with 7.13 years of custody credit resulting in no further jail time.
A British Columbia court acquitted Joga Singh Badwal on human smuggling under the former IRPA s.117, but convicted him of aiding persons to avoid port-of-entry examination.
The court held the Appulonappa exemptions to s. 117 IRPA operate as an exemption/defence that the accused must raise with an air of reality.
On a bail application after a jury deadlock, the court found a material change in circumstances and released the accused on recognizance pending a new trial.
Appeal from sentence for assisting unlawful entry into Canada. The Supreme Court of British Columbia reduced a 12-month conditional sentence to six months to fit the statutory maximum.
The RAD concluded the RPD's reasons were insufficiently fulsome to support its determinative conclusion that the appellants were not genuine Falun Gong practitioners and not wanted by the PSB; because the issues required further factual clarification the RAD, applying the guidance on standard of review in Huruglica, allowed the appeal and remitted the matter to a newly constituted RPD panel for redetermination rather than substituting a final decision.
Source excerpt
The Court of Appeal held that s. 117 IRPA was not overbroad under s. 7 of the Charter and ordered a new trial on the human smuggling charges.
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