R. v. Sarraf, (1986) 73 N.S.R.(2d) 326 (CoCt)

• Case Date: April 01, 1986
• Jurisdiction: Nova Scotia
• Citations: (1986), 73 N.S.R.(2d) 326 (CoCt)

R. v. Sarraf (1986), 73 N.S.R.(2d) 326 (CoCt);

              176 A.P.R. 326

MLB headnote and full text

R. v. Sarraf

C.H. No. 50886

Indexed As: R. v. Sarraf

Nova Scotia County Court

District Number One

Palmeter, C.J.C.C.

April 1, 1986.

Summary:

The accused was convicted and fined $100.00 for working in Nova Scotia without a valid employment authorization contrary to the Immigration Act. The accused was a citizen of Lebanon in Canada on a Minister's permit as an industrial engineering student at the University of Moncton. The accused was visiting a friend from Lebanon at the friend's pizza store at the time of the alleged violation of the Immigration Act. The accused appealed the conviction.

The Nova Scotia County Court allowed the appeal and entered an acquittal.

Aliens - Topic 5004

Offences - General - Mens rea offences - The accused was convicted of working in Nova Scotia without a valid employment authorization contrary to s. 99 of the Immigration Act and s. 18(1) of the Immigration Regulations - The Nova Scotia County Court, on appeal, acquitted the accused - The court held that the two sections must be read together and that the offence requires the element of mens rea - See paragraphs 10 to 15.

Aliens - Topic 5024

Offences - Definitions - Employment - The accused, a citizen of Lebanon in Canada as a student, was observed on two occasions for a total of 20 minutes behind the counter of a friend's pizza store - The accused was convicted of working in Canada without a valid employment authorization - The Nova Scotia County Court acquitted the accused - The court held that the accused was not engaged in employment for purposes of the Immigration Act, 1976 - The court held that employment depends on the nature of the work and the circumstances in which it is performed - See paragraphs 16 to 19.

Cases Noticed:

R. v. Ray (1981), 57 C.C.C.(2d) 286, refd to. [para. 10].

Singh v. R., [1981] 6 W.W.R. 445; 12 Man.R.(2d) 319, refd to. [para. 10].

R. v. Malhotra, [1981] 2 W.W.R. 563, refd to. [para. 10].

R. v. Backman (1982), 53 N.S.R.(2d) 39; 109 A.P.R. 39 (S.C.A.D.), consd. [para. 12].

Georgas v. Minister of Employment and Immigration, [1979] F.C. 349; 23 N.R. 437 (C.A.), appld. [para. 16].

R. v. Tsoungrianis (1980), 5 Sask.R. 44, appld. [para. 17].

Statutes Noticed:

Immigration Act, S.C. 1976-77, c. 52, sect. 2 [paras. 3, 18]; sect. 95(k), sect. 96 [para. 10]; sect. 99 [paras. 2, 10].

Immigration Regulations, S.O.R./78172, sect. 18(1) [paras. 2, 10].

Counsel:

Dennis Theman, for the appellant;

James D. Bissell, for the respondent.

This appeal was heard before Palmeter, C.J.C.C., of the Nova Scotia County Court, who delivered the following judgment on April 1, 1986: