Canada ( Minister of Citizenship and Immigration ) v. Lin
IMM-3822-94
Gibson J.
4/10/95
6 pp.
Application for judicial review of CRDD decision applicant Convention refugee-Respondent citizen of People's Republic of China (PRC)-Claim based on well-founded fear of persecution if required to return to PRC by reason of political opinion and membership in particular social group-Respondent, medical doctor, assigned to family planning clinic by authorities, in spite of her objections-Clinic enforcing one child policy against women in late stages of pregnancy-Respondent expected to induce labour as form of abortion and, where procedure failed, to prescribe dosages for lethal injections for surviving child-Respondent neither ordered injections nor administered them-Became involved in pro-democracy movement-Arrested, detained and sent back to work where forced to perform menial tasks at half previous salary-Escaped-Husband, left behind, demoted and son denied admission to school-Application allowed-CRDD failed to adequately examine issue of exclusion under Convention, Art. 1F(b) (exclusion from Convention refugee definition for having committed serious non-political crime)-Obiter: statement of S.C.C. in R. v. Hibbert, [1995] 2 S.C.R. 973, made in context of determining objective standard for defence of duress in criminal law matters: "When considering the perceptions of a `reasonable person' however, the personal circumstances of the accused are relevant and important and should be taken into account" should apply in context of alleged duress of "superior orders" analysis in claim to Convention refugee status-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6.