Sumaida v. Canada ( Minister of Citizenship and Immigration )
A-947-92
Simpson J.A.
14/8/96
10 pp.
Application for judicial review of decision of Immigration and Refugee Board applicant Convention refugee but excluded by United Nations Convention, Art. 1F-Applicant citizen of Iraq, Tunisia-Joined Iraki Mukhabarat, "police" organization serving as Saddam Hussein's private army-In 1980, Al Da'wa members reportedly tried to assassinate Hussein-Applicant voluntarily identified Al Da'wa members to Iraqi secret police, working with Mukhabarat-Crown bearing onus of demonstrating crimes against humanity have been committed-Board not placing onus on applicant to fill evidentiary gap-Applicant arguing no crime against humanity without proven harm-Crown bearing onus of showing only serious reasons to consider crimes against humanity have been committed-Reasonable for Board to infer number of "Targets" would have been executed as result of applicant's conduct-No reviewable error in Board's treatment of issue-Appropriate definition of crimes against humanity speaking of crimes, acts committed against "any civilian population"-Word "civilian" may be used in definition to import notion of innocence, non-combatant status-Board erred in failing to expressly consider whether "Targets" civilians within meaning of definition-Board to consider in interests of justice whether, by reason only of membership in Mukhabarat, applicant may be excluded from admission to Canada-Application allowed-Following topics to be reconsidered by Board: 1) whether "Targets" civilians as term used in definition; 2) whether applicant's membership in Mukhabarat justifies exclusion and 3) whether applicant's involvement in arms deal justifies exclusion-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F.