Dickens v. Can., (1974) 5 N.R. 247 (FCA)

• Judge: Urie, Cattanach and Pratte, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: August 19, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 5 N.R. 247 (FCA)

Dickens v. Can. (1974), 5 N.R. 247 (FCA)

MLB headnote and full text

Dickens v. Government of Canada

Indexed As: Dickens v. Government of Canada

Federal Court of Appeal

Urie, Cattanach and Pratte, JJ.

August 15, 1974.

Summary:

The Federal Court of Appeal set aside a deportation order made pursuant to s. 18(1)(e)(vi) of the Immigration Act because the person named in the order was not a "person" described in s. 18(1)(e)(vi) of the Immigration Act because the person deported "had returned to the United States and had been readmitted to Canada" - see paragraph 3.

Section 18(1)(e)(vi) of the Immigration Act states:

"18. (1) Where he has knowledge thereof, the clerk or secretary of a municipality in Canada in which a person hereinafter described resides or may be, an immigration officer or a constable or other peace officer shall send a written report to the Director, with full particulars, concerning . . . . .

(e) any person, other than a Canadian citizen or a person with Canadian domicile who . . . . .

(vi) entered Canada as a nonimmigrant"

Words and Phrases

Person - The Federal Court of Appeal discussed the meaning of the word "person" as found in s. 18(1) (e)(vi) of the Immigration Act, R.S.C. 1970, I-2.

Statutes Noticed:

Immigration Act, R.S.C. 1970, I-2, sect. 18(1)(e)(vi) [see above].

Counsel:

L. Levencrown, for the applicant;

E. Sojonky, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario on August 19, 1974. Judgment was delivered from the bench on August 19, 1974.

The judgment of the Federal Court of Appeal was delivered by Urie, J.