Jolly v. Minister of Manpower and Immigration, (1975) 7 N.R. 271 (FCA)

• Judge: Thurlow and Ryan, JJ. and Sheppard, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: February 13, 1975
• Jurisdiction: Canada (Federal)
• Citations: (1975), 7 N.R. 271 (FCA)

Jolly v. MMI (1975), 7 N.R. 271 (FCA)

MLB headnote and full text

Jolly v. Minister of Manpower and Immigration

Indexed As: Jolly v. Minister of Manpower and Immigration

Federal Court of Appeal

Thurlow and Ryan, JJ. and Sheppard, D.J.

February 13, 1975.

Summary:

This case arose out of an application by an alien to take up permanent residence in Canada. After a hearing before a Special Inquiry Officer the alien was ordered deported because he had been a member of the Black Panther Party which at the time of such membership advocated subversion by force of democratic government contrary to s. 5(1) of the Immigration Act. S. 26(3) of the Immigration Act authorized the Special Inquiry Officer to receive and base his decision "upon evidence considered credible or trustworthy by him in the circumstances of each case". The Special Inquiry Officer admitted and referred to a copy of a biweekly newspaper entitled "The Black Panther" and also admitted and referred to a report of a United States Senate Committee on "Riots, Civil and Criminal Disorders".

On appeal to the Immigration Appeal Board the deportation order was set aside. The Immigration Appeal Board reviewed the admissibility and weight of the report of the U.S. Senate Committee and also the newspaper entitled "The Black Panther". The Immigration Appeal Board stated that the Minister failed to satisfy the burden of proof of advocacy of subversion and referred to the proof required as being in accordance with normal standards of civil proof.

On appeal to the Federal Court of Appeal the appeal was allowed and the decision of the Immigration Appeal Board was set aside. The Federal Court of Appeal ordered a rehearing. The Federal Court of Appeal stated that s. 5(1) of the Immigration Act did not prescribe a standard of proof but stated that the admissibility of an alien into Canada was to be decided on the test of whether there was reasonable grounds for believing that the alien was a member of a subversive organization.

A motion for leave to appeal to the Supreme Court of Canada was dismissed on June 16, 1975 - see 1975 Bulletin of Proceedings taken in the Supreme Court of Canada at page 220.

Aliens - Topic 1747

Immigration - Exclusions of particular classes of persons - Exclusion of persons who were members of an organization which advocated subversion by force of democratic institutions - Immigration Act, s. 5(1) - A special inquiry officer ordered that an alien be deported because he was associated with the Black Panther Party in the United States which advocated the subversion by force of democratic government - The Immigration Appeal Board set aside the deportation order because the proof offered by the Crown before the Special Inquiry Officer did not meet the normal standards of civil proof - The Federal Court of Appeal set aside the decision of the Immigration Appeal Board and ordered a rehearing because s. 5(1) of the Immigration Act did not prescribe a standard of proof but stated that the admissibility of an alien into Canada was to be decided on the test of whether there was reasonable grounds for believing that the alien was a member of a subversive organization.

Cases Noticed:

Prata v. M.M.I., 3 N.R. 484, folld. [para. 22].

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 5(1), sect. 26(3).

Counsel:

N.D. Mullins, Q.C., for the appellant;

Ronald N. Stern, for the respondent.

This appeal was heard by the Federal Court of Appeal at Vancouver, B.C. on January 27, 28 and 29, 1975. Judgment was delivered by the Federal Court of Appeal on February 13, 1975.

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