CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Romans v. Canada (Minister of Citizenship and Immigration)
A-359-01
2001 FCA 272, Décary J.A.
18/9/01
3 pp.
That applicant residing in Canada since early childhood, having no establishment outside of Canada, suffering from chronic paranoid schizophrenia not giving him absolute right to remain in Canada--Charter, s. 6(1) recognizing only Canadian citizens have that right--Immigration and Refugee Board, Immigration Appeal Division finding appellant's threat to Canadian society should he not be removed from Canada outweighed anguish of family--Balanced competing interests as mandated in United States v. Burns, [2001] 1 S.C.R. 283 and could, on evidence before it, reach conclusion deportation of appellant, in circumstances in accordance with principles of fundamental justice--Trial Judge rightly declined to intervene (2001 FCT 466)--Appeal dismissed--Execution of removal order stayed pending disposition of Supreme Court of Canada of application for leave to appeal--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. 6.