Ahani v. Can. (M.C.I.), (2000) 252 N.R. 83 (FCA)

JudgeDécary, Linden and Robertson, JJ.A.
CourtFederal Court of Appeal (Canada)
Case DateOctober 06, 1999
JurisdictionCanada (Federal)
Citations(2000), 252 N.R. 83 (FCA)

Ahani v. Can. (M.C.I.) (2000), 252 N.R. 83 (FCA)

MLB headnote and full text

Temp. Cite: [2000] N.R. TBEd. FE.012

Mansour Ahani (appellant) v. Her Majesty The Queen and the Minister of Citizenship and Immigration (respondents)

(A-413-99)

Mansour Ahani (appellant) v. The Minister of Citizenship and Immigration (respondent)

(A-414-99)

Indexed As: Ahani v. Canada (Minister of Citizenship and Immigration)

Federal Court of Appeal

Décary, Linden and Robertson, JJ.A.

January 18, 2000.

Summary:

Ahani, a citizen of Iran, was granted refu­gee status. The Solicitor General of Canada and the Minister of Employment and Immi­gration subsequently issued a certificate under s. 40.1(1) of the Immigration Act stating their opinion that Ahani was a mem­ber of an inadmissible class specified in the anti-terrorism provisions in ss. 19(1)(e)(iii), 19(1)(e)(iv)(C), 19(1)(f)(ii), 19(1)(f)(iii)(B) and 19(1)(g) of the Act. The certificate was issued on the basis of a Cana­dian Security Intelligence Service report which referred to Ahani's suspected involvement as an assassin with the Iranian Ministry of Intelligence and Security. Ahani chal­lenged the constitutional validity of s. 40.1 of the Act.

The Federal Court of Canada, Trial Divi­sion, in a decision reported at [1995] 3 F.C. 669; 100 F.T.R. 261, found s. 40.1 to be valid. The Federal Court of Appeal, in a decision reported at 201 N.R. 233, affirmed the decision.

The Federal Court of Canada, Trial Divi­sion, in a decision reported at 146 F.T.R. 223, determined that the s. 40.1 certificate was reasonable.

The Minister of Citizenship and Immigra­tion issued an opinion letter under s. 53(1)(b) of the Immigration Act expressing the view that Ahani posed a danger to the security of Canada. That finding enabled the Minister to return ("refoule") Ahani to Iran, the country from which he sought refuge. Ahani applied for judicial review of the Minister's decision, raising, inter alia, vari­ous constitu­tional questions relating to s. 53(1)(b).

The Federal Court of Canada, Trial Divi­sion, in a decision reported at 170 F.T.R. 153, ordered that the court's decision in Suresh v. Canada (Minister of Citi­zenship and Immigration) be adopted to the extent that it decided the same constitutional ques­tions. The Suresh case is reported at 173 F.T.R. 1.

The Federal Court of Canada, Trial Divi­sion, in a decision reported at [1999] F.T.R. Uned. 445, dismissed Ahani's judicial review application. Ahani appealed. He also ap­pealed from a decision which dismissed an action which he brought for a declaration that certain provisions of the Immigration Act, including s. 53(1)(b) were unconstitu­tional.

The Federal Court of Appeal dismissed the appeals. The court refrained from issuing formal judgment to allow Ahani time to file an application for leave in the Supreme Court of Canada and a motion for a stay.

Editor's Note: The constitutional challenges to the various provisions of the Immigration Act which were raised in this appeal were dealt with by the Federal Court of Appeal in its judgment in Suresh v. Canada (Minister of Citizenship and Immigration), which was released concurrently with the reasons in this case, and is reported at 252 N.R. 1.

Administrative Law - Topic 3202

Judicial review - General - Scope of review - [See Aliens - Topic 1645 ].

Aliens - Topic 1645

Exclusion and expulsion - Immigration - Deportation - Grounds for - Danger to the public - The Minister of Citizenship and Immigration issued an opinion letter under s. 53(1)(b) of the Immigration Act express­ing the view that Ahani, a Convention refugee, posed a danger to the security of Canada - The finding enabled the Minister to return ("refoule") Ahani to Iran, the country from which he had sought refuge -The Minister determined that there was only a minimal risk of harm if Ahani were returned to that country - The Federal Court of Appeal held that there was no basis on which to set aside the Minister's decision irrespective of whether the proper standard of review of the Minister's deci­sion was correctness, reasonableness or patent unreasonableness - Further, the constitutional standard of review did not apply where Ahani did not establish that refoulement would expose him to a serious risk of harm.

Aliens - Topic 1747

Exclusion and expulsion - Immigration - Exclusion - Particular persons - Members of a subversive or terrorist organization - Ahani was granted refugee status - A Canadian Security Intelligence Service report referred to Ahani's suspected in­volvement as an assassin with the Iranian Ministry of Intelligence and Security - A security certificate was issued under s. 40.1(1) of the Immigration Act stating that Ahani was a member of an inadmissible class specified in the anti-terrorism provi­sions in ss. 19(1)(e)(iii), 19(1)(e)(iv)(C), 19(1)(f)(ii), 19(1)(f)(iii)(B) and 19(1)(g) - The Minister also issued an opinion letter under s. 53(1)(b) of the Act expressing the view that Ahani posed a danger to the security of Canada - Ahani argued that the word "terrorism" employed in s. 19 was void for vagueness - The Federal Court of Appeal stated that it had no difficulty in defining terrorism to include the act of assassination directed at silencing political dissidents who sought to bring about change through the exercise of free expres­sion - The court stated that while it might not be able to give the term "terrorism" a comprehensive definition, that did not mean that it did not recognize certain obvious acts of terrorism when it saw them - See paragraph 18.

Aliens - Topic 1789

Exclusion and expulsion - Deportation of persons in Canada - Refugees - [See Aliens - Topic 1645 ].

Civil Rights - Topic 3107

Trials - Due process, fundamental justice and fair hearings - Void for vagueness doctrine - [See Aliens - Topic 1747 ].

Cases Noticed:

Moktari v. Canada (Minister of Citizenship and Immigration) (1999), 249 N.R. 385 (F.C.A.), refd to. [para. 2].

Suresh v. Canada (Minister of Citizenship and Immigration) (2000), 252 N.R. 1 (F.C.A.), refd to. [para. 3].

Suresh v. Canada (Minister of Citizenship and Immigration) (1999), 173 F.T.R. 1 (T.D.), refd to. [para. 16].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-2, sect. 19 [para. 18].

Counsel:

Barbara Jackman and Ronald Poulton, for the appellant;

Donald MacIntosh and Toby Hoffman, for the respondents.

Solicitors of Record:

Jackman, Waldman and Associates, Toronto, Ontario, for the appellant;

Morris Rosenberg, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondents.

These appeals were heard on October 6, 1999, at Toronto, Ontario, before Décary, Linden and Robertson, JJ.A., of the Federal Court of Appeal. The following judgment of the Court of Appeal was delivered by Robertson, J.A., on January 18, 2000.

To continue reading

Request your trial
6 practice notes
  • Punting terrorists, assassins and other undesirables: Canada, the human rights committee and requests for interim measures of protection.
    • Canada
    • McGill Law Journal Vol. 48 No. 1, March 2003
    • March 1, 2003
    ...para. 11. (12) Ibid. at para. 13. (13) Ibid. (14) Ahani v. Canada (Minister of Citizenship and Immigration) (2000), 73 C.R.R. (2d) 156 , 252 N.R. 83 (F.C.A.), aff'g (1999), 170 F.T.R. (15) Ahani (S.C.C.), supra note 4. (16) (1999), 173 F.T.R. 1 , 65 C.R.R. (2d) 344 , aff'd [2000] 2 F.C......
  • Ahani v Canada (Minister of Citizenship and Immigration),
    • Canada
    • Court of Appeal (Ontario)
    • February 8, 2002
    ...issues was dismissed by McGillis J. On January 18, 2000, an appeal to the Federal Court of Appeal was dismissed [ (2000), 73 CRR (2d) 156 , 252 NR 83]. On January 11, 2002, a further appeal to the Supreme Court of Canada was dismissed [ (2000), 90 CRR (2d) 47 ante, 2002 SCC 2 ]. 7. In its......
  • Ahani v. Canada (Minister of Citizenship and Immigration), 2002 SCC 2
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • May 22, 2001
    ...Ahani appealed. He also appealed from a decision which dismissed his action. The Federal Court of Appeal, in a decision reported at 252 N.R. 83, dismissed the appeals. There was no basis to set aside the Minister's decision that Ahani constituted a danger to the public. Ahani The Supreme Co......
  • Li (Y.) v. Canada (Minister of Citizenship and Immigration), 2003 FC 1514
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • August 27, 2003
    ...Immigration), [2000] 2 F.C. 592; 252 N.R. 1 (F.C.A.), refd to. [para. 35]. Ahani v. Canada (Minister of Citizenship and Immigration) (2002), 252 N.R. 83 (F.C.A.), refd to. [para. Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3; 281 N.R. 1, refd to. [para. 37]. ......
  • Request a trial to view additional results
5 cases
  • Ahani v Canada (Minister of Citizenship and Immigration),
    • Canada
    • Court of Appeal (Ontario)
    • February 8, 2002
    ...issues was dismissed by McGillis J. On January 18, 2000, an appeal to the Federal Court of Appeal was dismissed [ (2000), 73 CRR (2d) 156 , 252 NR 83]. On January 11, 2002, a further appeal to the Supreme Court of Canada was dismissed [ (2000), 90 CRR (2d) 47 ante, 2002 SCC 2 ]. 7. In its......
  • Ahani v. Canada (Minister of Citizenship and Immigration), 2002 SCC 2
    • Canada
    • Canada (Federal) Supreme Court (Canada)
    • May 22, 2001
    ...Ahani appealed. He also appealed from a decision which dismissed his action. The Federal Court of Appeal, in a decision reported at 252 N.R. 83, dismissed the appeals. There was no basis to set aside the Minister's decision that Ahani constituted a danger to the public. Ahani The Supreme Co......
  • Li (Y.) v. Canada (Minister of Citizenship and Immigration), 2003 FC 1514
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • August 27, 2003
    ...Immigration), [2000] 2 F.C. 592; 252 N.R. 1 (F.C.A.), refd to. [para. 35]. Ahani v. Canada (Minister of Citizenship and Immigration) (2002), 252 N.R. 83 (F.C.A.), refd to. [para. Suresh v. Canada (Minister of Citizenship and Immigration), [2002] 1 S.C.R. 3; 281 N.R. 1, refd to. [para. 37]. ......
  • Crown Resources Corp. S.A. et al. v. National Iranian Oil Co., [2005] O.T.C. 784 (SC)
    • Canada
    • Ontario Superior Court of Justice of Ontario (Canada)
    • September 14, 2005
    ...of foreign state - Acta gestionis - See paragraphs 69 to 77. Cases Noticed: Ahani v. Canada (Minister of Citizenship and Immigration) (2000), 252 N.R. 83 (F.C.A.), refd to. [para. Pompey (Z.I.) Industrie et al. v. Ecu-Line N.V. et al., [2003] 1 S.C.R. 450; 303 N.R. 201, refd to. [para. 55].......
  • Request a trial to view additional results
1 books & journal articles

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT