Clarke v. Canada (Minister of Citizenship and Immigration), (1998) 153 F.T.R. 194 (TD)

• Judge: MacKay, J.
• Court: Federal Court (Canada)
• Case Date: June 23, 1998
• Jurisdiction: Canada (Federal)
• Citations: (1998), 153 F.T.R. 194 (TD)

Clarke v. Can. (M.C.I.) (1998), 153 F.T.R. 194 (TD)

MLB headnote and full text

Temp. Cite: [1998] F.T.R. TBEd. AU.017

Lloyd Charles Clarke (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-3009-97)

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

Federal Court of Canada

Trial Division

MacKay, J.

July 3, 1998.

Summary:

Clarke applied for judicial review of the decision of the Minister's delegate that Clarke constituted a danger to the public under s. 70(5) of the Immigration Act.

The Federal Court of Canada, Trial Divi­sion, allowed the application and set aside the questioned decision.

Administrative Law - Topic 2145

Natural justice - Administrative decisions or findings - Failure to consider evidence -Clarke arrived in Canada in 1976 and was a permanent resident thereafter - Clarke had multiple convictions for nar­cotics offences dating from 1984, including a 1996 conviction for trafficking - The Minister's delegate formed an opinion that Clarke constituted a danger to the public under s. 70(5) of the Immigration Act and should be deported - The Federal Court of Canada, Trial Division, set aside the deci­sion - Clarke had made submissions to the delegate - Those submissions were not considered by the delegate, resulting in a denial of procedural fairness.

Aliens - Topic 1645

Exclusion and expulsion - Immigration - Deportation - Grounds for - Danger to the public - [See Administrative Law - Topic 2145 ].

Cases Noticed:

Cuskic v. Canada (Minister of Citizenship and Immigration) (1997), 130 F.T.R. 232 (T.D.), refd to. [para. 4].

Williams v. Canada (Minister of Citizen­ship and Immigration) (1997), 212 N.R. 63 (F.C.A.), refd to. [para. 15].

Counsel:

Munyonzwe Hamalengwa, for the appli­cant;

Brian Frimeth, for the respondent.

Solicitors of Record:

Munyonzwe Hamalengwa, North York, Ontario, for the applicant;

George Thomson, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard on June 23, 1998, at Toronto, Ontario, before MacKay, J., of the Federal Court of Canada, Trial Division, who delivered the following judg­ment on July 3, 1998.