Martin v. Canada ( Minister of Citizenship and Immigration )
IMM-2384-94
MacKay J.
28/9/95
12 pp.
Application for judicial review of Immigration and Refugee Board Appeal Division (tribunal) July 1994 order (1) granting Minister's application to cancel 1985 direction of Immigration Appeal Board staying execution of outstanding deportation order made against applicant in October 1984, and (2) dismissing applicant's appeal of deportation order and ordering deportation order be executed as soon as practical-Applicant arrived in Canada at age 8 from Trinidad and Tobago and never bothered to acquire citizenship before committing many offences between 1980 and 1986 for which he was charged, sentenced to concurrent sentences running up to 12 years, and served time-Appears to have met parole conditions since 1990-Application for judicial review on basis tribunal erred in law in several important aspects-Application dismissed-Tribunal did not misunderstand or ignore evidence nor made findings not based on evidence-Not unreasonable in its determination applicant had not rehabilitated himself-Tribunal did consider circumstances bearing upon its determination from perspective of applicant-As statute providing for appeal of removal order on equitable grounds, tribunal's decision further stay of removal order unwarranted did not mean removal of applicant would be cruel and unusual punishment, contrary to Charter, s. 12, in circumstances of case: Canepa v. Canada (Minister of Employment and Immigration), [1992] 3 F.C. 270 (C.A.)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 12.