Date: 20021113
Docket: IMM-1991-02
Neutral citation: 2002 FCT 1180
Toronto, Ontario, Wednesday, the 13th day of November, 2002
PRESENT: The Honourable Mr. Justice Campbell
BETWEEN:
JENNIFER PEARCE
Applicant
- and -
THE MINISTER
OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] In the present case, a s.70(5) Immigration Act decision rendered by the Minister's Delegate is based solely on a single conviction of trafficking in cocaine. Indeed, all the evidence on the record goes to prove that there is no risk of the Applicant committing a further offence, let alone a serious offence.
[2] I agree with the reasoning and decision in Chedid v. Canada (Minister of Citizenship and Immigration) 1997 SCJ No. 236 and find that, without more, the conviction in the present case is not sufficient evidence upon which to found a danger determination.
[3] Thus, I find the decision under review to be made in reviewable error.
ORDER
Accordingly, the decision of the Minister's Delegate dated February 4, 2002 is set aside.
"Douglas R. Campbell"
J.F.C.C.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Names of counsel and solicitors of record
DOCKET: IMM-1991-02
STYLE OF CAUSE: JENNIFER PEARCE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: WEDNESDAY, NOVEMBER 13, 2002
REASONS FOR ORDER
AND ORDER BY: CAMPBELL J.
DATED: WEDNESDAY, NOVEMBER 13, 2002
APPEARANCES BY: Ms. Barbara Jackman
For the Applicant
Mr. John Loncar
For the Respondent
SOLICITORS OF RECORD: Barbara Jackman
Barrister & Solicitor
596 St. Clair Avenue West, Unit 3
Toronto, Ontario
M6C 1A6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20021113
Docket: IMM-1991-02
BETWEEN:
JENNIFER PEARCE
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND
ORDER