Canada Case Law

Anzola v. Canada (Citizenship and Immigration)

Court

Federal Court of Appeal

The ID is entitled, when applying paragraph 36(1)(b) IRPA, to consider extraneous circumstances that made the legal defence of duress not practically available in the foreign jurisdiction because duress goes to the voluntariness fundamental to criminal liability; the ID unreasonably failed to consider credible evidence that duress prevented the appellant from raising the defence and therefore the ID decision is set aside and the matter must be remitted for reconsideration.

Source excerpt

• Inadmissibility under paragraph 36(1)(b) irpa
• Serious criminality
• Defence of duress
• Equivalency test
• Procedural fairness
• Judicial review

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Biron v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed judicial review of a s. 44 inadmissibility referral, finding the delegate reasonably weighed H&C factors against the seriousness of the offence.

• Inadmissibility
• Serious criminality
• Section 44 report
• Humanitarian and compassionate considerations
• Reasonableness review
• Judicial review

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Fassassi v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court dismissed two judicial review applications challenging a s. 44 immigration referral and the Immigration Division’s jurisdiction, finding no procedural unfairness or unreasonableness.

• Section 44 referral
• Serious criminality
• Procedural fairness
• Jurisdiction of the immigration division
• Reasonableness review
• Section-44-referral

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Canada (Public Safety and Emergency Preparedness) v. Brutus

Court

Federal Court

The Federal Court allowed the Minister’s judicial review, finding the IAD’s three-year stay of removal unreasonable because it failed to address material evidence, and sent the matter back for redetermination.

• Judicial review
• Reasonableness standard
• Procedural fairness
• Humanitarian and compassionate considerations
• Stay of removal
• Serious criminality

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Rouse v. Canada (Citizenship and Immigration)

Court

Federal Court

Judicial review of a deportation order was dismissed. The Court held the ID reasonably found serious criminality and no procedural fairness breach arose.

• Deportation
• Inadmissibility
• Serious criminality
• Humanitarian and compassionate considerations
• Standard of review
• Serious-criminality

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Michel v. Canada (Citizenship and Immigration)

Court

Federal Court

La Cour fédérale rejette une demande de contrôle judiciaire visant un refus de SPRP, jugeant la décision raisonnable et confirmant le caractère irrecevable de l’autre dossier comme devenu théorique.

• Pre-removal risk assessment
• Prra
• Serious criminality
• Judicial review
• Deferred removal
• Standard of review (reasonableness)

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Compère v. Canada (Public Safety)

Court

Federal Court

The Federal Court set aside a Minister’s Delegate referral and the resulting inadmissibility decision, finding the delegate’s risk-of-reoffending analysis unreasonable.

• Inadmissibility
• Serious criminality
• S.44(2) discretion
• Reasonableness review
• Best interests of children
• Deportation

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Lakatos v. Canada (Citizenship and Immigration)

Court

Federal Court

The Federal Court found an immigration inadmissibility decision unreasonable because it treated the same Hungarian arrest warrant inconsistently under two Criminality provisions.

• Organized criminality inadmissibility
• Serious criminality
• Reasonableness review (vavilov)
• Evidentiary reliance on foreign arrest warrants
• Immigration-law
• Judicial-review

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Jean-Baptiste v. Canada (Immigration, Refugees, and Citizenship)

Court

Federal Court

The Federal Court allowed judicial review of an IAD reconsideration, finding the decision unreasonable for failing to address rehabilitation evidence and for inadequately explaining its departure from the earlier stay.

• Reconsideration of stay under s.68(3) irpa
• Humanitarian and compassionate considerations
• Res judicata
• Procedural fairness
• Standard of review - reasonableness
• Serious criminality

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R. v. Astudillo

Court

Supreme Court of British Columbia

The court dismissed an application to extend time to appeal two guilty pleas and, consequently, did not reach the request to withdraw the pleas.

• Guilty plea
• Extension of time to appeal
• Withdrawal of plea
• Deportation
• Miscarriage of justice
• Collateral consequences

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