Howard v. Canada ( Minister of Citizenship and Immigration )
IMM-5252-94
Dubé J.
4/1/96
5 pp.
Judicial review of Immigration and Refugee Board, Appeal Division's cancellation of stay of applicant's removal, direction order be executed as soon as reasonably practicable-Applicant born in Barbados in 1967-Granted permanent resident status in 1978-Convicted of six criminal offences since arrival-Applicant seeking order pursuant to Charter, s. 24 quashing deportation on ground issued in proceeding commenced in contravention of ss. 7, 15 rights-Young Offenders Act, proclaimed on April 2, 1984, defining "young person" in Province of Ontario to be person under age 16-Proclamation applied to some, but not all provinces-Applicant tried in Ontario as adult although under age 18-Claiming rights violated with reference to one of convictions on which deportation based-Appeal Division holding lacking jurisdiction to determine whether applicant's Charter rights violated-Application dismissed- Immigration Act not conferring authority on adjudicator to determine constitutionality of Young Offenders Act-Not court of competent jurisdiction pursuant to Charter, s. 24(1) for purposes of declaring decision under Act other than Immigration Act contrary to Charter-Since not court of competent jurisdiction, unable to determine constitutionality of provisions of Young Offenders Act-Tribunal empowered to examine, rule upon constitutional validity of statute called upon to apply-Adjudicator, Appeal Division called upon to apply Immigration Act, not Young Offenders Act- Challenges to decisions under Young Offenders Act must be brought before Federal Court-Deputy Minister had to consider other offences committed after age 18-Valid basis for forwarding s. 27 report to enquiry concerning other convictions-Young Offenders Act, R.S.C., 1985, c. Y-1-Immigration Act, R.S.C., 1985, c. I-2, s. 82.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73)-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], ss. 7, 15, 24.