CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Inadmissible Persons |
Yuen v. Canada (Minister of Citizenship and Immigration)
A-152-99
Malone J.A.
21/12/00
6 pp.
Appeal by way of certified question from Trial Division decision ((1999), 162 F.T.R. 282) dismissing appellant's application for judicial review--Certified question: whether Immigration Act, s. 19(1)(c.2) in relation to foreign national infringing Charter, s. 2(d) and if so, whether infringement demonstrably justified in free, democratic society under Charter, s. 1--Appellant, citizen of Hong Kong, coming to Canada as visitor in 1982--In March 1986, appellant granted Minister's permit allowing him to remain in Canada--Appellant person in Canada other than Canadian citizen, permanent resident inadmissible under Act, ss. 19(1)(c.2), 19(2)(a.1)--While in Hong Kong, appellant convicted of various offences--Also arrested in Canada along with old friend from Hong Kong who came to visit--In determining whether Charter engaged, courts must examine principles, policies underlying Immigration Act--Non-citizens not having unqualified right to enter, remain in Canada--Appellant neither citizen nor permanent resident of Canada, rather foreign national--14K triad based in Hong Kong organization having as sole objective commission of crimes for financial gain--Charter, s. 2(d) only protecting exercise of association for lawful pursuits, objectives--Where, as here, organization has but one single brutal purpose, mere membership sufficient to bring appellant within provisions of Act, s. 19(1)(c.2)--Organization here having no legitimate objectives--Certified question answered in negative--Appeal dismissed--Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c.2) (as am. by S.C. 1992, c. 49, s. 11; 1996, c. 19, s. 83), 19(2)(a.1) (as am. by S.C. 1992, c. 49, s. 11)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 1, 2(b).