Maslova v. Canada ( Minister of Citizenship and Immigration )
A-691-92
Pinard J.
27/10/94
7 pp.
Application for judicial review of CRDD decision applicants not Convention refugees -- Applicants, citizens of Soviet Union, claiming refugee status based on political opinion -- Claimant training "malicious" dogs used to guard borders, assist in combatting crime, aid in policing demonstrations -- Since 1983 working with police dogs in crime prevention unit of Ministry of Interior -- Unit regularly participated in policing, dispersing demonstrations -- Claimant knew of persecution of Soviet citizens by Ministry of Interior Affairs -- Board holding individual having particular obligations under international law not to infringe upon basic human rights of fellow citizens -- Doubted claimant's attempts not to participate in provocations at peaceful demonstrations -- Stating "serious reasons" in Art. 1(F)(c) for considering person guilty of acts contrary to principles and purposes of U.N. meaning probability, not proof beyond reasonable doubt -- Board holding claimant accomplice to regime -- Determining Tatiana Maslova should be excluded under United Nations Convention Relating to the Status of Refugees, Art. 1(F)(c) as guilty of acts contrary to purposes and principles of U.N. -- Application dismissed -- No reviewable error -- "Serious reasons for considering" meaning same as "reasonable grounds to believe" in Immigration Act, s. 19, imposing burden of proof less than civil standard: Ramirez v. Canada (Minister of Employment and Immigration), [1992] 2 F.C. 306 (C.A.) -- Restrictive interpretation of clause justified by fact may deny individual rights -- Although Board misinterpreting proper burden of proof required by exclusion clause, applicants cannot claim relief for error because Board finding Tatiana Maslova excluded despite imposition of higher standard of proof -- Anna Maslova not discharging burden to establish inferences drawn by Board could not reasonably have been drawn -- Immigration Act, R.S.C., 1985, c. I-2, ss. 2(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1), 19 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3) -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1(F)(c).