Date: 20010419
Docket: IMM-4082-00
Neutral citation: 2001 FCT 354
BETWEEN:
WAYNE ANTHONY DAWSON
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
[1] Wayne Anthony Dawson (the "Applicant") seeks judicial review of the opinion issued by the Minister of Citizenship and Immigration (the "Respondent") dated July 17, 2000. In her opinion, the Respondent declared the Applicant to be a danger to the public. The opinion was issued pursuant to the Immigration Act, R.S.C. 1985 c. I-2, as amended, section 70(5).
[2] The Applicant was born in Jamaica. He came to Canada as a permanent resident in 1998. He has been convicted of a dozen criminal offences in Canada, the last one being upon a charge of obstructing justice for which he was sentenced to a period of incarceration on January 24, 2000. Six convictions relate to possession and trafficking in drugs.
[3] Pursuant to a Notice of Intention dated April 25, 2000, the Applicant was advised that officials of Citizenship and Immigration Canada would be seeking the opinion of the Respondent to the effect that he is a danger to the public. The Applicant made submissions concerning this intention to seek the issuance of a danger opinion. However, at no time was he provided with the Request for Minister's Opinion and the Ministerial Opinion Report. Likewise, he was not given the opportunity to make submissions on these documents.
[4] Although the Applicant only made an oblique reference to the Trial Judge's decision in Bhagwandass v. M.C.I., [2000] 1 F.C. 619 in his written submissions, the Respondent filed a Further Memorandum of Fact and Law in which arguments were raised in relation to the recent ruling by the Federal Court of Appeal inBhagwandass, 2001 FCA 49. Accordingly, the Court entertained submissions in respect of that decision. Furthermore, upon the hearing of this application, counsel for the Respondent advised that Federal Court of Appeal recently had delivered reasons in Chu v. M.C.I., 2001 FCA 113, where it followed Bhagwandass.
[5] In my opinion, this present application should be allowed on the basis that the Minister failed to provide the Applicant with the Request for Minister's Opinion and the Ministerial Opinion Report, or with the opportunity to respond to these documents. To this extent, the previous application parallels the situation before the Court in Bhagwandass and I choose to follow that decision.
ORDER
[6] The application is allowed. At the request for counsel for the Respondent the following questions will be certified:
(a) Is the effect of the issuance of a danger opinion pursuant to subsection 70(5) of the Immigration Act to deprive the subject of the opinion of a statutory right of appeal only, or does it play a role in the subject's loss of status and removal from Canada as well?
(b) Should Ministerial Reports prepared under section 70(5) of the Immigration Act be taken, by inference, to be reasons for the Minister's Delegate's opinion?
"E. Heneghan"
J.F.C.C.
Toronto, Ontario
April 19, 2001
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-4082-00
STYLE OF CAUSE: WAYNE ANTHONY DAWSON
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
DATE OF HEARING: TUESDAY, APRIL 18, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER
AND ORDER BY: HENEGHAN J.
DATED: THURSDAY, APRIL 19, 2001
APPEARANCES BY: Mr. J. Norris Ormston
For the Applicant
Mr. Kevin Lunney
For the Respondent
SOLICITORS OF RECORD: J. Norris Ormston
Barrister & Solicitor
739 Bloor St. W.
Toronto, Ontario
M6G 1L6
For the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 20010419
Docket: IMM-4082-00
Between:
WAYNE ANTHONY DAWSON
Applicant
- and -
THE MINISTER OF
CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER