Bowen v. Minister of Employment and Immigration, (1984) 58 N.R. 223 (FCA)

• Judge: Heald, Marceau and Stone, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 05, 1984
• Jurisdiction: Canada (Federal)
• Citations: (1984), 58 N.R. 223 (FCA)

Bowen v. MEI (1984), 58 N.R. 223 (FCA)

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[La version française vient à la suite de la version anglaise]

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Bowen v. Minister of Employment and Immigration

(A-255-84)

Indexed As: Bowen v. Minister of Employment and Immigration

Federal Court of Appeal

Heald, Marceau and Stone, JJ.

October 5, 1984.

Summary:

An alien applied under s. 28 of the Federal Court Act to review and set aside a deportation order. The alien submitted that he was compelled to testify at the inquiry, which violated his right not to be compelled to testify under s. 11(c) of the Canadian Charter of Rights and Freedoms.

The Federal Court of Appeal dismissed the application. The court stated that the alien was not compelled to testify, therefore s. 11(c) was inapplicable. In any event, the court held that s. 11(c) did not apply to the testimony given by an alien at an inquiry under the Immigration Act, because the alien was not a person "charged with an offence".

Aliens - Topic 1615

Exclusion and expulsion - Immigration - Deportation - Deportation hearing - General - The Federal Court of Appeal held that an alien subject to a deportation hearing was not a person charged with an offence, therefore the rights guaranteed under s. 11 of the Canadian Charter of Rights and Freedoms were inapplicable.

Civil Rights - Topic 4303

Protection against self-incrimination - Right to refuse to testify - Canadian Charter of Rights and Freedoms, s. 11(c) - The Federal Court of Appeal held that the right not to be compelled to testify against yourself under s. 11(c) did not apply to an alien compelled to testify at an inquiry under the Immigration Act, because the alien was not a person "charged with an offence" as required by s. 11.

Civil Rights - Topic 8545

Canadian Charter of Rights and Freedoms - Interpretation - Charged with an offence - S. 11 - The Federal Court of Appeal held that an alien who was subject to an inquiry under the Immigration Act was not a person "charged with an offence" under s. 11 of the Charter.

Cases Noticed:

R. v. Cole (1980), 4 Man.R.(2d) 363; 54 C.C.C.(2d) 324 (Man. C.C.), refd to. [para. 1].

Webb v. Minister of Manpower and Immigration, [1982] 1 F.C. 687; 39 N.R. 495, appld. [para. 2].

R. v. Wooten 5 D.L.R.(4th) 371 (B.C.S.C.), refd to. [para. 2].

R. v. Forrester (1982), 2 C.C.C.(3d) 467 (Ont. C.A.), refd to. [para. 2].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(c) [para. 1]; sect. 24 [para. 4].

Immigration Act, S.C. 1976-77, c. 52, sect. 112 [para. 3].

Immigration Regulations, sect. 2(1) [para. 3]; Regulation 31(1) [para. 3].

Counsel:

Bill Wong, for the applicant;

C. Kobernick, for the respondent.

This application was heard on October 3, 1984, at Toronto, Ontario, before Heald, Marceau and Stone, JJ., of the Federal Court of Appeal.

On October 5, 1984, Heald, J., delivered the following judgment for the Court of Appeal.