Chu v. Canada ( Minister of Citizenship and Immigration )
IMM-5159-94
Jerome A.C.J.
3/7/96
2 pp.
Application for certification of following question: Whether absence of procedural rights in criminal trial where death penalty may be imposed constitute persecution within meaning of definition of Convention refugee-Immigration Act, s. 83(1) requiring only "serious questions of general importance" be certified-Issue to be certified must also be determinative of appeal-Ordinary law of general application presumed valid, neutral until claimant shows law persecutory-Answer to proposed question not determinative of appeal-Applicant schizophrenic, patient at Queen Street Mental Health Centre in Toronto-Found not guilty by reason of insanity of murder of co-worker in January 1992-No evidence Chinese criminal procedure differs from ordinary laws of general application-No argument to counter presumption of validity, neutrality-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by S.C. 1992, c. 49, s. 73).