Baroud, Re, (1995) 98 F.T.R. 99 (TD)

• Judge: Denault, J.
• Court: Federal Court (Canada)
• Case Date: May 31, 1995
• Jurisdiction: Canada (Federal)
• Citations: (1995), 98 F.T.R. 99 (TD)

Baroud, Re (1995), 98 F.T.R. 99 (TD)

MLB headnote and full text

In The Matter Of a Certificate issued pursuant to section 40.1 of the Immigration Act, R.S.C. 1985, c. I-2;

And In The Matter Of the referral of that Certificate to the Federal Court of Canada pursuant to paragraph 40.1(3)(a) of the Act;

In Relation To: Wahid Khalil Jaber Baroud

(DES-3-94)

Indexed As: Baroud, Re

Federal Court of Canada

Trial Division

Denault, J.

May 31, 1995.

Summary:

Baroud entered Canada at Pearson International Airport. He admitted former membership in the Palestinian Liberation Organization and claimed status as a Convention refugee. He was detained under the authority of a security certificate signed and filed by the Solicitor General of Canada and the Minister of Immigration. Pursuant to the Immigration Act, s. 40.1, the certificate was referred to the Federal Court of Canada, Trial Division, for a determination whether the certificate should be quashed.

The Federal Court of Canada, Trial Division, declined to quash the certificate. The court held that there were reasonable grounds to believe that Baroud is or was a member of an organization that there were reasonable grounds to believe is or was engaged in terrorism (Immigration Act, s. 19(1)(f)(iii)(B)).

Aliens - Topic 1330.1

Admission - Refugees - Disqualifications - Member of terrorist organization - Baroud entered Canada at Pearson International Airport - He admitted former membership in the Palestinian Liberation Organization and claimed status as a Convention refugee - Baroud was detained under a security certificate signed and filed by the Solicitor General of Canada and the Minister of Immigration - The Federal Court of Canada, Trial Division, held that there were no reasonable grounds to believe that Baroud himself actually engaged in terrorism (Immigration Act, s. 19(1)(f)(ii)) - However, the court determined that there were reasonable grounds to believe that Baroud is or was a member of an organization that there were reasonable grounds to believe is or was engaged in terrorism (s. 19(1)(f)(iii)(B)).

Aliens - Topic 1330.1

Admission - Refugees - Disqualifications - Member of terrorist organization - "Terrorism" and "terrorist" were not defined in the Immigration Act (the Act) - The Federal Court of Canada, Trial Division, declined to apply the definition of "threats to the security of Canada" found in the Canadian Security Act - The court stated that, in this case, it was not appropriate to refer to a definition contained in a different act in order to discern Parliament's meaning and intention - The court held that the purpose of ss. 19(1)(f)(ii) and 19(1)(f)(iii) of the Act was "to prevent the arrival of persons considered to be a danger to this society" - Therefore, the court gave an unrestrictive interpretation of "terrorism" in s. 19(1)(f)(iii)(B), which included the political connotations which the term entailed - See paragraphs 28 to 30.

Words and Phrases

Terrorism - The Federal Court of Canada, Trial Division, discussed the meaning of the term "terrorism" as contained in the Immigration Act, s. 19(1)(f)(iii)(B) - See paragraphs 28 to 30.

Cases Noticed:

Farahi-Mahdavieh, Re (1993), 63 F.T.R. 120 (T.D.), appld. [paras. 9, 10, footnote 2].

Husseini, Re (1993), 24 Imm. L.R.(2d) 106 (F.C.T.D.), refd to. [para. 9, footnote 2].

Jolly v. Minister of Manpower and Immigration, [1975] F.C. 216; 7 N.R. 271 (F.C.A.), refd to. [para. 9, footnote 3].

Statutes Noticed:

Immigration Act, R.S.C. 1985, c. I-2, sect. 19(1)(f)(ii), sect. 19(1)(f)(iii)(B) [para. 2 et seq.].

Authors and Works Noticed:

Alexander, Y., and Sinai, J., Terrorism: The PLO Connection (1989), generally [para. 23, footnote 6].

Livingstone, N.C., and Halevy, D., Inside the PLO (1990), generally [para. 23, footnote 6].

Counsel:

Barbara Jackman and Kevin J. MacTavish, for Wahid Khalil Jaber Baroud;

Mary K. MacFadyen, for the Minister of Citizenship and Immigration and the Solicitor General of Canada.

Solicitors of Record:

Jackman & Associates, Toronto, Ontario, for Wahid Khalil Jaber Baroud;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the Minister of Citizenship and Immigration and the Solicitor General of Canada.

This matter was heard on February 13 to 16, 1995, at Toronto, Ontario, by Denault, J., of the Federal Court of Canada, Trial Division, who delivered the following decision at Ottawa, Ontario, on May 31, 1995.