King v Brooks and Minister of Immigration,

CourtCourt of Appeal (Manitoba)
Date25 October 1960
Canada, Manitoba Court of Queen's Bench.
Manitoba Court of Appeal.

(Monnin J.)

King
and
Brooks and Minister of Citizenship and Immigration.

Aliens — Expulsion of — Procedure of expulsion — Standard for investigation by Special Inquiry Officer on question of crimes involving moral turpitude — Extent of review by Court — The law of Canada.

Aliens — Expulsion of — Right of expulsion — Immigrant guilty of crime involving “moral turpitude”— The law of Canada.

On appeal,

Held (by the Manitoba Court of Appeal, per curiam): that the orders of deportation were valid and the appeal must be dismissed.

The Facts.—This was an application by way of certiorari to quash two deportation orders made under Sections 5 (d) and 19 of the Immigration Act of Canada.

Section 5 (d) provides in part:

“No person, other than a person referred to in subsection (2) of section 7, shall be admitted to Canada if he is a member of any of the following classes of persons: …(d) persons who have been convicted of or admit having committed any crime involving moral turpitude …”

Section 19 provides in part:

“(2) Every person who is found upon an inquiry duly held by a Special Inquiry Officer to be a person described in subsection (1) is subject to deportation.”

Among the persons described in subsection (1) of Section 19 is

“(e) any person, other than a Canadian citizen or a person with Canadian domicile, who … (iv) was a member of a prohibited class at the time of his admission to Canada.”

On November 18, 1957, the applicant, Henry Franklin Romine, or Cummins, entered Canada from the United States and applied for immigrant status under the name of James Larry King. The Director of the Immigration Branch of the Department of Citizenship and Immigration at Ottawa subsequently received a letter from the Identification Branch of the Royal Canadian Mounted Police, enclosing an F.B.I. record of the applicant, which indicated a number of convictions including convictions for theft of automobiles and for issuing false and worthless cheques. A Special Inquiry Officer of the Department of Citizenship and Immigration conducted an investigation into these convictions. During the investigation, he obtained an admission of the crimes, and later stated that he found that they involved moral turpitude. Accordingly, on June 9, 1958, the Officer ordered the deportation of the applicant. An appeal to the Minister was dismissed, after which the applicant left Canada voluntarily, in order to avoid deportation...

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