Tsang v. Canada ( Minister of Citizenship and Immigration )
A-179-96
Marceau J.A.
11/2/97
8 pp.
Appeal from Trial Division's dismissal of application for judicial review of Minister's decision ((1996), 107 F.T.R. 214)-Immigration Act, s. 77 giving Canadian citizen who has sponsored application for landing right to appeal to Appeal Division, Immigration and Refugee Board refusal of sponsored application-Amended July 10, 1995 to eliminate right of appeal where applicant member of inadmissible class, and Minister of opinion person constituting danger to public in Canada-Peter Tsang entered Canada in 1977-Married Canadian citizen in 1978-Between 1978 and 1986 convicted of 10 criminal offences-Reported under s. 27 on ground of criminal inadmissibility, made subject of deportation order, removed to Hong Kong in 1991-In 1993 applied for permanent residence based on wife's sponsorship-Application refused, wife appealed-Appeal not heard prior to July 10, 1995-Hearing commenced July 25, continued August 10-Decision reserved-In September Minister by delegate issued opinion Peter Tsang constituting danger to public-Wife informed no right of appeal-On judicial review application, following question certified: when sponsor appealing to Immigration Appeal Division prior to July 10, 1995 concerning inadmissible sponsoree, and hearing before IAD commencing after July 10, 1995, does effect of Minister issuing "danger to the public" opinion extinguish sponsor's right of appeal pursuant to s. 77(3.01) of Act and s. 15(3) of Bill C-44, thereby terminating jurisdiction of IAD-Certified question answered affirmatively-Bill C-44, s. 15(3) providing s. 77(3.01) applies to appeal made on or before coming into force of that subsection and in respect of which hearing not commenced-No ambiguity in English version of provision-Even if English version ambiguous, French version clearly indicating for right of appeal to be preserved, hearing must be commenced before coming into force of provision-Principles of statutory construction requiring ambiguity in English text to be resolved so as to conform with non-ambiguous French text-No secondary principle of statutory construction coming into play-Nothing in Act restricting time-frame within which Minister may exercise power to reach opinion individual danger to public-Policy reasons support maintaining as much latitude in process as possible to provide maximum protection to Canadian public-Immigration Act, R.S.C., 1985, c. I-2, s. 77 (as am. by S.C. 1995, c. 15, s. 15), 69.4 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18)-An Act to Amend the Immigration and the Citizenship Act and the Consequential Amendments to the Customs Act, S.C. 1995, c. 15, s. 15(3).