Richards v. Canada ( Minister of Citizenship and Immigration )
IMM-2720-99
Pelletier J.
8/6/99
9 pp.
Application for judicial review of danger opinion, stay of deportation order pending hearing of application for leave, judicial review of danger opinion-Applicant, citizen of Jamaica, came to Canada in 1987 to live with grandmother-Obtained landed immigant status as result of grandmother's sponsorship-Convicted twice of offences involving importation of drugs into Canada-Minister forming opinion, under Immigration Act, s. 70(5), applicant danger to public-Application of Thompson v. Canada (Minister of Citizenship and Immigration) (1996), 118 F.T.R. 269 (F.C.T.D.) to facts of present case raising serious issue-Whether Thompson case still good law following decision of F.C.A. in Williams v. Canada (Minister of Citizenship and Immigration) (1997), 212 N.R. 63 (F.C.A.)-Immigration authorities preparing three reports resulting in opinion applicant danger to public-Little, if any, information could be construed as capable of supporting opinion applicant danger to public other than fact of two convictions-Mere fact of conviction not sufficient to reasonably support opinion individual danger to public-With respect to irreparable harm, loss of applicant as primary caregiver would represent serious loss to grandmother-Irreparable harm can consist of harm to others, not limited to harm to person whose deportation being sought-Balance of convenience, irreparable harm closely interconnected-On facts of case, balance of convenience favouring applicant-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as enacted by S.C. 1995, c. 15, s. 13).