Digests

Singh v. Canada (Minister of Citizenship and Immigration)

IMM-735-04

2005 FC 137, Rouleau J.

28/1/05

12 pp.

Application for leave, judicial review of decision by Immigration and Refugee Board--Board finding notice of cancellation of stay and termination of appeal valid, as applicant person described by Immigration and Refugee Protection Act (IRPA), ss. 197, 68(4), Immigration and Refugee Protection Regulations (IRPR), s. 320(5)(a)-- Applicant permanent resident of Canada since 1986-- Determined to be inadmissible on grounds of serious criminality--Ordered deported but stay issued--Subsequently convicted of assault with weapon on August 26, 2002-- Incident for which charged occurring on January 20, 2001--Relevant sections of IRPA, IRPR coming into force on June 28, 2002--Respondent issuing notice of cancellation of stay, termination of appeal based on breach of condition to keep peace, be of good behaviour--Board finding applicant properly deported--Finding breach of terms and conditions only breach when found to be a breach--(1) Whether word "breach" refers to date of conviction, or date of commission--Black's Law Dictionary 7th ed., 1999 defining "breach" as "a violation or infraction of a law or obligation"-- Plain, clear reading of definition indicating appropriate date for breach date of commission of offence--Proper interpretation of term "breach" in s. 197 date of commission of offence--(2) Whether IRPA applies retroactively to include "breach" which happened prior to coming into force, but where conviction occurred after June 28, 2002--Governing principle for statutory interpretation: words of Act are to be read in their entire context, in their grammatical and ordinary sense harmoniously with scheme, object of Act, and intention of Parliament--Criminal conviction affecting stay is a matter pending, or in progress, which relates to applicant's admissibi-lity in Canada, in accordance with IRPA, ss. 68(4), 36(1)--S. 68(4) providing where permanent resident, against whom removal order which was stayed, convicted of another offence, stay cancelled, appeal terminated--Express use of word "convicted" making determinative date, for applicants breaching terms and conditions of stay, date of conviction, not date of offence--Appropriate date for determination of application of ss. 197, 68(4), in case of applicant, August 26, 2002--S. 197 should apply, stay appropriately cancelled, appeal terminated--Application for judicial review dismissed --Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 36, 68, 197--Immigration and Refugee Protection Regulations, SOR/2002-227, s. 320 (as am. by SOR/2004-167, s. 75).