Galati v. Canada ( Minister of Citizenship and Immigration )
IMM-2776-95
Noël J.
25/9/96
6 pp.
Application for judicial review of Immigration and Refugee Board, Appeal Division's decision dismissing appeal of removal order against applicant-Applicant permanent resident in Canada since 1956-From 1961 to 1992 applicant convicted of numerous criminal offences-Acquired domicile in Canada under former Immigration Act in 1961-Status of domicile preventing deportation for criminality except for specified crimes-New Immigration Act abolishing domicile status but enacting transitional provision s. 127 protecting person from deportation for offences committed before new Act came into force April 9, 1978-Applicant ordered deported based on convictions subsequent to April 9, 1978-Applicant claiming as matter of statutory interpretation, has vested right to continue to be treated under former Act and right not to be deported protected under Charter, s. 7-Application dismissed-Concept of domicile conveys rights accruing while former Act in force-Rights protected by transitional provision-Legislative intent clear-Also no violation of s. 7 of Charter-New legislation not purporting to take away rights under former Act-Deportation order based on convictions since coming into force of new Act-Immigration Act, S.C. 1976-77, c. 52, s. 127.