Engel v. Canada ( Secretary of State )
IMM-2634-94
Richard J.
19/4/95
13 pp.
Application for judicial review of immigration adjudicator's determination applicant member of inadmissible class under Act, s. 19(1)(c) and of resulting deportation order-Applicant, citizen of Federal Republic of Germany, convicted in Germany of charges of fraud and breach of trust -- Applicant's immigration inquiry concurrent with extradition proceeding-Applicant submitting adjudicator erring in admitting in evidence English translation of certain documents -- With respect to admitting documents in evidence, adjudicator given broad powers under Act, s. 80.1(5) and not bound by any legal or technical rules of evidence -- S. 80.1(5) credibility and trustworthiness of evidence constituting question of fact within particular jurisdiction of adjudicator -- Adjudicator's decision to admit affidavit and accompanying documents and to consider them credible and trustworthy proper in circumstances -- Applicant not presenting evidence of deficiency in translation; translation made by sworn translator and confirmed as to accuracy -- Applicant not meeting burden of challenging precision or competency of translation or translator -- Applicant also submitting adjudicator erring in determining German Penal Code conviction equivalent to Canadian fraud offence provided for in Code, s. 380(1)(a) -- Applicable test for determination of equivalency: elements of Canadian offence must include element of foreign offence and circumstances resulting in foreign conviction would have constituted offence in Canada-Adjudicator entitled to rely on translation of German offence-Adjudicator properly determining dishonesty, deprivation and subjective intent constituting elements of Canadian offence of fraud -- Adjudicator's conclusions reasonably supporting finding of equivalency -- Applicant claiming decision to compel applicant to testify at inquiry infringing s. 7 or 11(c) Charter rights-Deportation by reason of disentitlement to enter Canada due to conviction of serious offences in foreign country not breaching fundamental justice (Chiarelli v. Canada (Minister of Employment and Immigration, [1994] 1 S.C.R. 711) -- Requirement of applicant to testify not involving principle of fundamental justice as hearing purely civil proceeding to determine whether applicant admissible when he entered Canada -- Application dismissed -- Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(c) (as am. by S.C. 1992, c. 49, s. 11) -- Criminal Code, R.S.C., 1985, c. C-46, s. 380(1)(a) (as am. by R.S.C., 1985, c. 27 (1st Supp.), s. 54; S.C. 1994, c. 44, s. 25) -- 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, Apendix II, No. 44], ss. 7, 11(c).