Canada ( Minister of Citizenship and Immigration ) v. Saintelus
IMM-1542-97
Tremblay-Lamer J.
11/9/98
7 pp.
Application for judicial review of decision of Immigration Appeal Division (IAD) staying execution of removal order against respondent for four years-Respondent born in Haiti in 1977-Landing in 1988-Associating with gangs since 1992-Offences, incarceration-In 1995, convicted of possession of prohibited weapon, one-year sentence, three years, probation-In prison, violent toward other inmates-In April 1996, detention order pursuant to Immigration Act, s. 105-S. 27(1)(d) report and removal order, IAD staying order-Factors to which IAD has regard in relation to "all the circumstances of the case" set out in Ribic v. Canada (Minister of Employment and Immigration), [1985] I.A.B.D. No. 4 (QL): seriousness of offence, possibility of rehabilitation, length of time spent in Canada, whether appellant has family in Canada, support available for appellant, degree of hardship to appellant-However, in exercising discretion, IAD has to be consistent with principles underlying Act and consider all facts of case, including person in total context, good of society and good of individual-In case at bar, IAD wrong to consider rehabilitation of respondent strong possibility-On contrary, evidence supports high risk of reoffending-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, ss. 27(1)(d) (as am. by S.C. 1992, c. 47, s. 78; c. 49, s. 16), 105 (as am. by S.C. 1995, c. 15, s. 20).