Frangipane v. Minister of Employment and Immigration, (1986) 2 F.T.R. 220 (TD)

• Court: Federal Court (Canada)
• Case Date: August 26, 1985
• Jurisdiction: Canada (Federal)
• Citations: (1986), 2 F.T.R. 220 (TD)

Frangipane v. MEI (1986), 2 F.T.R. 220 (TD)

MLB headnote and full text

Frangipane v. Minister of Employment and Immigration and Employment and Immigration Canada

(No. T-1553-85)

Indexed As: Frangipane v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Jerome, A.C.J.

March 27, 1986.

Summary:

Frangipane was a permanent Canadian resident, but not a Canadian citizen. Frangipane was convicted of an offence under s. 3(1) of the Narcotic Control Act and a deportation order was issued against him. Frangipane obtained a number of stays in the execution of the order before a removal order was finally issued. Frangipane applied for certiorari to quash the deportation order on the grounds that, inter alia, deportation violated his equality rights and constituted cruel and unusual treatment or punishment under the Canadian Bill of Rights and the Charter of Rights and Freedoms.

The Federal Court of Canada, Trial Division, dismissed the application.

Aliens - Topic 1601

Exclusion and expulsion - Immigration - Deportation - General - The Federal Court of Canada, Trial Division, held that the deportation of a non-resident did not constitute cruel and unusual treatment or punishment or discrimination under the Charter of Rights and Freedoms.

Civil Rights - Topic 1005

Discrimination - Immigration - Where only non-citizens subject to deportation - The Federal Court of Canada, Trial Division, held that there was no discrimination under s. 15 of the Charter of Rights and Freedoms, where non-residents could be deported for the commission of certain crimes enumerated under the Immigration Act and residents could not - The court held that to hold otherwise would undermine the immigration system.

Civil Rights - Topic 3831

Cruel and unusual treatment or punishment - What constitutes - Deportation - The Federal Court of Canada, Trial Division, held that deportation of a non-Canadian citizen did not constitute cruel and unusual treatment or punishment under s. 12 of the Charter of Rights and Freedoms.

Cases Noticed:

Re Gittens and R., 68 C.C.C.(2d) 438, folld. [para. 4].

R. v. Burnshine (1974), 2 N.R. 53; 44 D.L.R.(3d) 584 (S.C.C.), refd to. [para. 4].

Prata v. Minister of Manpower and Immigration, [1976] 1 S.C.R. 376; 3 N.R. 484, refd to. [para. 4].

Bliss v. Attorney General of Canada, [1979] 1 S.C.R. 183; 23 N.R. 527, refd to. [para. 4].

Sheldrick v. Canada (1986), 1 F.T.R. 222 (F.C.T.D.), refd to. [para. 4].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 15.

Canadian Bill of Rights, R.S.C. 1970, App. III, sect. 1(b), sect. 2(b) [para. 3].

Immigration Act, S.C. 1976-77, c. 52.

Counsel:

Mendel M. Green, Q.C., for the applicant;

Arthur C. Pennington, Q.C., for the respondents.

Solicitors of Record:

Green & Spiegel, Toronto, Ontario, for the applicant;

Frank Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents.

This application was heard on August 26, 1985, at Toronto, Ontario, before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on March 27, 1986.