Azdo v. Minister of Employment and Immigration, (1980) 36 N.R. 361 (FCA)

• Judge: Pratte, Ryan, JJ. and Kelly, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 14, 1980
• Jurisdiction: Canada (Federal)
• Citations: (1980), 36 N.R. 361 (FCA)

Azdo v. MEI (1980), 36 N.R. 361 (FCA)

MLB headnote and full text

Azdo v. Minister of Employment and Immigration

Indexed As: Azdo v. Minister of Employment and Immigration

Federal Court of Appeal

Pratte, Ryan, JJ. and Kelly, D.J.

February 14, 1980.

Summary:

This case arose out of a deportation order made against an alien. The alien appealed the deportation order to the Federal Court of Appeal on the ground that he was not represented at the deportation hearing by a guardian as required by section 29 of the Immigration Act. The Federal Court of Appeal allowed the appeal and set aside the deportation order.

Aliens - Topic 1616

Immigration - Deportation - Deportation hearing - Procedure, appointment of "guardian" for an alien under eighteen years of age - The Federal Court of Appeal held that a "guardian" under section 29 of the Immigration Act means a guardian in law (see paragraphs 5 to 7).

Statutes - Topic 1801

Interpretation - Intrinsic aids - Bilingual statutes - The Federal Court of Appeal referred to both the English and French language versions of the Immigration Act to determine the meaning of a word (see paragraph 7).

Words and Phrases

Guardian - The Federal Court of Appeal discussed the meaning of the word "guardian" as found in section 29 of the Immigration Act.

Cases Noticed:

Queen, The v. Campagnie Immobiliere BCN Limitee, 25 N.R. 361, [1979] 1 S.C.R. 865, ref'd to. [para. 8].

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 29(4) [see footnote 1.].

Official Languages Act, R.S.C. 1970, c. O-2, sect. 8 [see footnote 3].

Authors and Works Noticed:

Black's Law Dictionary [para. 5].

Shorter Oxford Dictionary [para. 6].

Counsel:

M.M. Green, Q.C., for the appellant;

B. Evernden, for the respondent.

This appeal was heard by PRATTE and RYAN, JJ., and KELLY, D.J., of the Federal Court of Appeal at Toronto, Ontario, on January, 30, 1980.

The judgment of the Federal Court of Appeal was delivered by PRATT, J., on February 14, 1980: