Hurd v. Minister of Employment and Immigration, (1988) 90 N.R. 31 (FCA)

• Judge: Urie, Stone and MacGuigan, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 07, 1988
• Jurisdiction: Canada (Federal)
• Citations: (1988), 90 N.R. 31 (FCA)

Hurd v. MEI (1988), 90 N.R. 31 (FCA)

MLB headnote and full text

Arnold Rosevelt Hurd (appellant) v. Minister of Employment and Immigration (respondent)

(A-238-86)

Indexed As: Hurd v. Minister of Employment and Immigration

Federal Court of Appeal

Urie, Stone and MacGuigan, JJ.

October 28, 1988.

Summary:

Hurd, a permanent resident of Canada and a landed immigrant, was ordered deported because he had been convicted of offences under federal statutes for which he received more than six months' imprisonment. Hurd appealed to the Immigration Appeal Board.

The Board dismissed the appeal. Hurd appealed to the Federal Court under s. 84 of the Immigration Act, with leave. Hurd alleged on appeal that his deportation was contrary to s. 11(h) of the Charter of Rights.

The Federal Court of Appeal rejected the allegation and dismissed the appeal.

Civil Rights - Topic 3764

Punishment - Double punishment prohibited - A permanent resident and landed immigrant of Canada was ordered deported because he had been sentenced to over six months' imprisonment following conviction for federal offences - The immigrant alleged that the deportation was contrary to s. 11(h) of the Charter because he was being punished twice for the offences - The Federal Court of Appeal held that deportation was not a true penal consequence; therefore there was no breach of s. 11(h).

Cases Noticed:

Fong Yue Ting et al. v. United States (1893), 149 U.S. 698; 37 L. Ed. 905, refd to. [para. 8].

Knockaert v. Commissioner of Corrections et al., [1987] 2 F.C. 202; 72 N.R. 161, refd to. [para. 8].

R. v. Wigglesworth, [1987] 2 S.C.R. 541; 81 N.R. 161; 61 Sask.R. 105; 24 O.A.C. 321; 45 D.L.R.(4th) 235, consd. [para. 12].

Burnham v. Metropolitan Toronto Police et al., [1987] 2 S.C.R. 572; 81 N.R. 207; 24 O.A.C. 367; 45 D.L.R. (4th) 309, refd to. [para. 20].

Trimm v. Durham Regional Police Force, [1987] 2 S.C.R. 582; 81 N.R. 197; 24 O.A.C. 357; 45 D.L.R.(4th) 276, refd to. [para. 20].

Trumbley and Pugh v. Metropolitan Police Force, [1987] 2 S.C.R. 577; 81 N.R. 212; 24 O.A.C. 372; 45 D.L.R. (4th) 318, refd to. [para. 20].

R. v. Shubley (1988), 25 O.A.C. 66; 63 O.R.(2d) 161 (C.A.), consd. [para. 21].

Re Gittens and the Queen (1982), 68 C.C.C.(2d) 438; 137 D.L.R.(3d) 687, refd to. [para. 22].

Bowen v. Minister of Employment and Immigration, [1984] 2 F.C. 507; 58 N.R. 223, refd to. [para. 22].

Royal Prerogative of Mercy Upon Deportation Proceedings, Re, [1933] S.C.R. 269, refd to. [para. 26].

Frangipane v. Minister of Employment and Immigration (1986), 2 F.T.R. 220, refd to. [para. 22].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(h) [paras. 1, 2, 17, 25].

Immigration Act, S.C. 1976-77, c. 52, sect. 27(1)(d)(i) [paras. 4-5]; sect. 32(2) [para. 4]; sect. 126(a) [para. 9].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 36(e) [para. 10].

Authors and Works Noticed:

Gordon and Rosenfield, Immigration Law and Procedure, vol. 1A [para. 23].

Counsel:

Brent Knazan, for the appellant;

Roslyn Levine, for the respondent.

Solicitors of Record:

Sack, Charney, Goldblatt & Mitchell, Ottawa, Ontario, for the appellant;

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

This appeal was heard before Urie, Stone and MacGuigan, JJ., of the Federal Court of Appeal at Toronto, Ontario, on October 7, 1988. The decision of the Court of Appeal was delivered on October 28, 1988, by MacGuigan, J.