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Nikolaos Lignos (Suppliant) v.
Minister of Manpower and Immigration (Respondent)
Court of Appeal, Jackett C.J., Perrier and Cho- quette D.JJ.—Montreal, December 11, 1972.
Immigration—Special Inquiry Officer, powers of—Depor- tation order—Immigrant released on bail on condition he do not accept employment—Whether permissible—Ministerial directives to Special Inquiry Officer, whether permissible— Immigration Act, R.S.C. 1970, c. I-2, s. 17.
A Special Inquiry Officer ordered the deportation of an immigrant, but permitted his release on bail on condition that he do not keep or accept any remunerative employment in Canada.
Held, dismissing an application to set aside the order, the condition attached to the order for applicant's release on bail was within the discretion of the Special Inquiry Officer under section 17 of the Immigration Act, R.S.C. 1970, c. I-2. The discretion granted under that section to the Special Inquiry Officer may be exercised in accordance with direc tives of the Minister provided that those directives are within the limitations prescribed in the section.
APPLICATION under section 28(2) of the Federal Court Act to review and set aside the decision rendered on December 3, 1971 by G. Savard, a Special Inquiry Officer nominated by the Minister of Manpower and Immigration pur suant to section 11(1) of the Immigration Act. By the said order the Special Inquiry Officer ordered the deportation of applicant but allowed his release on bail pending appeal on condition that he neither retain nor accept any remunerative employment in Canada.
Michel Bergevin for suppliant.
Roméo Léger for respondent.
The judgment of the Court was delivered by
CHOQUETTE D.J.—We are all agreed that there is no basis for the motion.
We consider that the discretion granted in s. 17 may be exercised by the Special Inquiry Officer in accordance with the directives of the Minister, provided that those directives observe the limitations prescribed in this section.
We are also of the opinion that the condition requiring that anyone against whom a deporta tion order is issued on the grounds that this person is in Canada illegally, may not accept employment while free on bail, is a condition that follows naturally from the objectives of the Immigration Act.
It follows that the condition in question does not impose any cruel and unusual treatment or punishment. We therefore dismiss suppliant's motion.
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