Judgments

Decision Information

Decision Content

A-728-76
Phillis Jonas (Applicant) v.
G. Therrien and Minister of Manpower and Immi gration (Respondents)
and
Deputy Attorney General of Canada (Mis -en- cause)
Court of Appeal, Pratte and Le Dain JJ., and Hyde D.J.—Montreal, March 22, 1977; Ottawa, April 15, 1977.
Judicial review — Immigration Application to set aside
deportation order — Entry as housekeeper granted for limited time to expire on fixed date or on date employment visa ceased to be valid (if earlier) — Employment changed without authorization — Violations of conditions of employment visa — Employment visa ceasing to be valid — Whether regula tions re "limiting of admission of persons" in s. 57(g) of
Immigration Act merely authorize quotas Whether status of persons can be made conditional on continuing to meet requirements — Conditions expressly authorized by Regula- tions—Regulations within authority of s. 57(g)(iii) of Act Applicant ceasing to be non-immigrant and remaining in Canada without authorization — Application dismissed — Immigration Act, R.S.C. 1970, c. I-2, ss. 18(I)(e)(vi), 57(g)(iii)
Immigration Regulations, Part I, SOR/62-36 (as amended by 73-20), s. 3C, 3E.
APPLICATION. COUNSEL:
Julius Grey for applicant.
Suzanne Marcoux-Paquette for respondents.
SOLICITORS:
Lazare & Altschuler, Montreal, for applicant.
Deputy Attorney General of Canada for respondents.
The following are the reasons for judgment rendered in English by
PRATTE J.: This is a section 28 application to review and set aside the deportation order made against the applicant on October 19, 1976.
The applicant is from Tobago. In December 1975, she was authorized to remain and work in Canada as a non-immigrant. As required by sec tion 3C of the Immigration Regulations, Part I [SOR/62-36, as amended], she was then in posses sion of an employment visa authorizing her to work as a housekeeper for a Mrs. Griswald in Montreal. Pursuant to section 3E of the Regula tions, she was granted entry for a limited time to expire on the earlier of the following dates:
(a) the 10th day of December 1976, or
(b) the day on which her employment visa would cease to be valid.
Sometime in the spring of 1976, the applicant ceased to work for Mrs. Griswald, the employer named in her employment visa and, without authorization, took up another job. It is common ground that by so doing the applicant violated the conditions of her employment visa which, thereby, ceased to be valid.
In August 1976, a report was made under sec tion 18(1)(e)(vi) of the Immigration Act alleging in substance that the applicant had remained in Canada after having ceased to be a non-immigrant since she had remained in Canada without author ization after having left her job with Mrs. Gris- wald. An inquiry was held following which the Special Inquiry Officer, having found that the allegations of the section 18 report had been estab lished, ordered the applicant to be deported.
As was indicated at the hearing, in view of previous decisions of this Court, the only argument put forward by counsel for the applicant that needs to be considered is the contention that the appli cant did not cease to be a non-immigrant when she stopped working for Mrs. Griswald because the immigration authorities, who had the power to rule on her admissibility, could not, according to coun sel, make her status as a non-immigrant in Canada subject to the condition that she would continue to work for the person named in her employment visa. Such a condition, according to counsel, is an intolerable restraint on the personal freedom of a non-immigrant.
Whether or not the imposition of such a condi tion is considered as limiting unduly the personal
freedom of a non-immigrant, the fact is that it is expressly authorized by the Regulations. Conse quently, the validity of that condition depends on the validity of the Regulations.
The authority of the Governor in Council to make regulations under the Immigration Act is derived from section 57 which reads in part as follows:
57. The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, without restricting the generality of the foregoing, may make regulations respecting
(g) the prohibiting or limiting of admission of persons by reason of
(iii) unsuitability having regard to the climatic, economic, social, industrial, educational, labour, health or other con ditions or requirements existing, temporarily or otherwise, in Canada or in the area or country from or through which such persons come to Canada.....
In essence, the regulations on employment visas restrict the admission of the non-immigrants intending to work in Canada, to those who will engage in work that no Canadian is able and willing to execute. Those regulations appear to me to be within the authority conferred by section 57(g)(iii) since, as I understand them, they limit the admission of non-immigrants by reason of the unsuitability for admission, having regard to the economic conditions existing in Canada, of those who, if admitted, would take jobs away from Canadians.
Counsel for the applicant submitted that the words "limiting of admission of persons" in section 57(g) merely authorize the fixing of quotas. I do not see why the meaning of the word "limiting" should be so restricted. He also argued that the authority to limit "the admission of persons" under section 57(g) did not include the power to make the status of persons, after admission, condi tional on those persons continuing to meet certain requirements. I do not agree with that contention, which, it may be noted, does not find any support in the French version of section 57(g). The author ity to impose limitations on the admission of per sons to Canada includes, in my view, the power to subject the admission to the conditions that are
necessary to ensure the effectiveness of the limita tions that are imposed. Such conditions are un necessary if the limitation on admission is made by fixing a "quota" or by reference to a fact existing at the time of the admission; but the absence of conditions of that type would render meaningless limitations imposed by reference to the activities that the persons seeking admission will engage in while in Canada.
For these reasons, I would dismiss the application.
* * *
LE DAIN J.: I agree.
* * *
HYDE D.J.: I agree.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.