Frances v. Canada ( Minister of Citizenship and Immigration )
IMM-2527-96
Joyal J.
4/7/97
4 pp.
Application for judicial review of Minister's delegate's determination applicant had breached terms and conditions imposed by Immigration Appeal Division (IAD) and constituted danger to public in Canada, making applicant deportable forthwith from Canada to Portugal-Application allowed, permanent resident status to be determined again-Power of Minister to deport person on grounds of danger to public very draconian-Well established danger opinion purely administrative decision, imposing only minimum of fairness rules in process-In effect, discretion exercised with little if any third party scrutiny-Applicant came to Canada with family at age 5, lived in Canada all his life, parents and siblings here in Canada, married Canadian citizen, has Canadian-born child and knows little Portuguese-In October 1995, parole twice revoked but twice reinstated when, in one case, charge withdrawn, and in other case, acquitted-These circumstances apparently not taken into account in Minister's delegate's decision-Minister's delegate's brief stating applicant could not be trusted to abide by terms and conditions of parole as had violated conditions of parole as well as conditions imposed by IAD-While ministerial discretion well protected from judicial review, fundamental to proper exercise thereof that conclusions, opinions or inferences expressed be made on basis of true and substantial facts.