R. v. Hall, (1983) 1 O.A.C. 122 (CA)

• Judge: Martin, Weatherston and Morden, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: December 01, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 122 (CA)

R. v. Hall (1983), 1 O.A.C. 122 (CA)

MLB headnote and full text

R. v. Hall

Indexed As: R. v. Hall

Ontario Court of Appeal

Martin, Weatherston and Morden, JJ.A.

December 1, 1983.

Summary:

A permanent resident of Canada was ordered deported because of Criminal Code of Canada conviction pursuant to ss. 27(1)(d)(i) and 32(2) of the Immigration Act, S.C. 1970-71-72, c. 52. Under prior legislation, the Immigration Act, R.S.C. 1970, c. I-2, the accused, as a landed immigrant with Canadian domicile, was not subject to deportation for a criminal conviction. The accused appealed the deportation order. The Immigration Appeal Board dismissed the appeal.

The accused applied for an extension of time within which to apply for leave to appeal. The Federal Court of Appeal dismissed the application.

The accused applied for habeas corpus.

The Ontario Supreme Court, in a decision unreported in this series of reports, allowed the application. The Attorney General of Canada appealed.

The Ontario Court of Appeal allowed the appeal and upheld the deportation order.

Aliens - Topic 1643

Exclusion and expulsion - Immigration - Deportation - Grounds - Criminal conviction - Under the Immigration Act, R.S.C. 1970, c. I-2, the accused, having acquired Canadian domicile, was granted immunity from deportation for a conviction under the Criminal Code - Under the Immigration Act, S.C. 1970-71-72, c. 52, a permanent resident could be deported for certain Code convictions - The Ontario Court of Appeal held that the accused was subject to deportation under the new Act for certain convictions for criminal conduct committed after its enactment, although he would be immune from deportation respecting crimes committed prior to the enactment of the new Act for which deportation under the old Act was prohibited - See paragraphs 18 to 22.

Cases Noticed:

Kukan v. Minister of Manpower and Immigration, [1974] 1 F.C. 12, refd to. [para. 13].

Abbott v. Minister for Lands, [1895] A.C. 425, consd. [para. 21].

Dallialian v. Canada Employment and Immigration Commission, [1980] 2 S.C.R. 582; 33 N.R. 118, not appld. [para. 23].

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 4(1) [paras. 2 to 3]; sect. 18 [para. 5].

Immigration Act, S.C. 1970-71-72, c. 52, sect. 27(1) [paras. 4, 6, 24]; sect. 29, sect. 30, sect. 32(2) [para. 7]; sect. 72(1) [para. 8]; sect. 127 [paras. 17 to 18, 22, 24]; sect. 128 [para. 17].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 3(1) [paras. 15, 22]; sect. 35(c) [paras. 12, 16, 20, 22].

Counsel:

J.E. Thompson and Lois Lehmann, for the Attorney General of Canada, appellant;

Charles C. Roach, for the respondent.

This appeal was heard before Martin, Weatherston and Morden, JJ.A., of the Ontario Court of Appeal, on November 15 and 16, 1983. The decision of the Court of Appeal was delivered orally by Martin, J.A., and released on December 1, 1983.