Kreis v. Minister of Manpower and Immigration, (1974) 5 N.R. 203 (FCA)

• Judge: Jackett, C.J., Hyde, D.J. and St-Germain, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: October 10, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 5 N.R. 203 (FCA)

Kreis v. MMI (1974), 5 N.R. 203 (FCA)

MLB headnote and full text

Kreis v. Minister of Manpower and Immigration

Indexed As: Kreis v. Minister of Manpower and Immigration

Federal Court of Appeal

Jackett, C.J., Hyde, D.J. and St-Germain, D.J.

October 10, 1974.

Summary:

This case arose out of an enquiry by an immigration officer respecting a visitor to Canada. The visitor, a female, was a Swiss citizen. She admitted that she drove a getaway car for her husband in Switzerland when she knew that her husband was committing acts of theft. Following an enquiry a deportation order was made with respect to the female because she was a "person who admits having committed a crime involving moral turpitude".

The alien appealed the deportation order to the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act. The appeal was dismissed and the deportation order was affirmed.

The Federal Court of Appeal dismissed an allegation by the alien that she drove the car for her husband under duress. The Federal Court of Appeal considered the meaning of duress pursuant to s. 17 of the Criminal Code and stated that the excuse of duress was not open to her.

Aliens - Topic 1605

Exclusion and expulsion - Immigration - Deportation - Grounds - Criminal conduct involving moral turpitude - The Federal Court of Appeal affirmed a deportation order respecting a female who admitted that she drove a getaway car for her husband in Switzerland when she knew her husband was committing acts of theft.

Words and Phrases

Compulsion - The Federal Court of Appeal discussed the meaning of the word "compulsion" as found in s. 17 of the Criminal Code, R.S.C. 1970, c. C-34.

Words and Phrases

Duress - The Federal Court of Appeal discussed the meaning of the word "duress" pursuant to s. 17 of the Criminal Code, R.S.C. 1970, c. C-34.

Cases Noticed:

R. v. Brooks (1960), 24 D.L.R.(2d) 567, folld. [para. 5].

R. v. Carker, [1967] S.C.R. 114, folld. [para. 9].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 17 [para. 8].

Counsel:

B. Vizkelety, Q.C., for the applicant;

George Leger, for the respondent.

This appeal was heard by the Federal Court of Appeal at Montreal, Quebec on October 9 and 10, 1974. Judgment was delivered by the Federal Court of Appeal from the bench on October 10, 1974.

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