Tutu v. Canada ( Minister of Employment and Immigration )
93-A-287
Joyal J.
28/2/94
7 pp.
Application for judicial review of Refugee Board's decision applicant excluded from protection available to refugee claimants -- Applicant, citizen of Ghana, participated in crimes against human rights while enlisted in Committee for Defence of Revolution (CDR), arm of Rawlings regime in Ghana -- Group used force to arrest people, beat them and committed atrocities -- Applicant joined CDR and participated in programmes to spy on group, to try to save some victims, and to report CDR's activities to father living in London, England who ran opposition group -- Whether applicant's real intention constituting kind of absolution -- Because knowingly and violently participated in CDR atrocities, reasonable grounds for finding applicant excluded from protection normally available to refugee claimants -- Distinction between conscripted bystander to acts against humanity and voluntary participant in repressive, terrorist group, where applicant showed enough zeal to be appointed to special unit or group, seniority extended for four years, and decided to leave group when learned on CDR hit list -- Contradiction between applicant's ascribed motive in voluntarily joining CDR and admissions to own conduct during four-year period -- Difficult to believe CDR's internal security measures such as to permit participation of person whose father head of opposition group operating in England -- Application of exculpatory clause for applicant would render inoperative U.N. Convention on Status of Refugees, Art. 1F -- Terrorists fleeing terrorists would always find refuge under Convention -- No legal obligation to have Board consider refugee claim -- Application denied -- United Nations Convention Relating to the Status of Refugees, July 28, 1951, (1969) Can. T.S. No. 6, Art. 1F.