Legault v. Canada ( Secretary of State )
IMM-7485-93
McGillis J.
17/1/95
9 pp.
Application for judicial review of adjudicator's finding of reasonable grounds for belief applicant committing offences under U.S. law pursuant to Act, s. 19(1)(c.1)(ii) -- Applicant, citizen of U.S. marrying Canadian citizen and admitted to Canada as visitor -- Application for extradition on ground applicant committed fraud in U.S. dismissed by Superior Court of Quebec-U.S. grand jury returning true bill of indictment for conspiracy to commit wire and mail fraud, fraud, falsely making bill of lading and use of fictitious names -- Application for permanent resident status in Canada for applicant refused -- Inquiry directed and subsequently adjourned without any evidence adduced -- Second inquiry directed pursuant to amended Act during which Minister tendered in evidence certified copy of U.S. warrant for arrest and indictment -- No questions with respect to allegations asked of appellant other than amount of alleged fraud -- In basing decision solely on allegations in indictment returned by grand jury, adjudicator finding reasonable grounds to believe applicant committed offences -- Reasonable grounds creating lower standard of proof than balance of probabilities -- Grand jury entitled to return true bill of indictment after hearing sworn evidence and determining existence of probable cause to believe crime committed-Contents of warrant for arrest and indictment not constituting evidence of commission of alleged offenses -- Adjudicator erred in law in finding, on basis of documents, existence of reasonable grounds applicant committed offenses -- Adjudicator erred in law by failing to make independent determination on basis of evidence-Termination of inquiry and commencement of new proceedings under amended Act not constituting abuse of process -- Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 19(1)(c.1)(ii) (as enacted by S.C. 1992, c. 49, s. 11).