Xu v. Canada ( Minister of Employment and Immigration )
A-828-92
Jerome A.C.J.
20/5/94
8 pp.
Application for order transitional provisions of An Act to Amend the Immigration Act and Other Acts in consequence thereof, constitutionally invalid on grounds violating Charter, s. 7 -- Effect of provisions to unify judicial review procedures with respect to immigration matters by deeming all immigration appeals, including those before Court of Appeal not scheduled for hearing, to be applications for judicial review before Trial Division under Federal Court Act, s. 18.1 -- Applicant submitting transitional provisions infringing rights under Charter, s. 7 as eliminating right to appeal and possible remedy of having Court of Appeal give decision Refugee Division should have given -- Federal Court Act, s. 52(c)(i) allowing Court of Appeal to give decision administrative tribunal should have given but remedy entirely discretionary -- Applicant may have been awarded same remedy on appeal as will receive in judicial review and any arguments with respect to delay speculative -- Whether principles of fundamental justice denied by procedures set out in impugned transitional provisions -- Charter, s. 7 rights well protected by judicial review procedures of Federal Court Act, s. 18.1(3) and (4) -- Transitional provisions not infringing applicant's rights under Charter, s. 7 -- Application dismissed -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1(3),(4) (as enacted by S.C. 1990, c. 8, s. 5), 52(c)(i) -- An Act to Amend the Immigration Act and Other Acts in consequence thereof, S.C. 1992, c. 49-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], s. 7.