R. v. Singh, (1981) 12 Man.R.(2d) 319 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: August 28, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 12 Man.R.(2d) 319 (CoCt)

R. v. Singh (1981), 12 Man.R.(2d) 319 (CoCt)

MLB headnote and full text

R. v. Singh

Indexed As: R. v. Singh

Manitoba County Court

Jewers, C.C.J.

August 28, 1981.

Summary:

An alien appealed his conviction for re-entering Canada, when a deportation order was in effect against him contrary to s. 96 of the Immigration Act, S.C. 1976-77, c. 52.

The Manitoba County Court dismissed the appeal.

Aliens - Topic 5068

Offences - Illegal entry - Evidence and proof - Burden of proof - Respecting defences - An accused was convicted of re-entering Canada, while a deportation order was in effect against him contrary to s. 96 of the Immigration Act, S.C. 1976-77, c. 52 - The Manitoba County Court held that the onus was on the accused to prove that he had ministerial consent to enter Canada, regardless that the Crown voluntarily assumed the accused's burden without success - Criminal Code, R.S.C. 1970, c. C-34, s. 730 - See paragraphs 5 to 18.

Aliens - Topic 1205

Admission - Immigrants - Upon consent of Minister - An accused, against whom a deportation order was in effect, was allowed to enter Canada as a visitor by an immigration officer - The Manitoba County Court held that a ministerial consent to enter was not given, because the discretion to give the consent was vested in the Minister and could not be exercised by his officials - See paragraph 19.

Aliens - Topic 5005

Offences - General - Offences of strict liability - The Manitoba County Court held that offences under the Immigration Act, S.C. 1976-77, c. 52, with the exception of those which used the work "knowingly", were strict liability offences - See paragraphs 21 to 23.

Aliens - Topic 5005

Offences - General - Offences of strict liability - The Manitoba County Court upheld the conviction of an accused on the strict liability offence of re-entering Canada when there was a deportation order against him, contrary to s. 96 of the Immigration Act, S.C. 1976-77, c. 52, where the accused did not establish that he used due diligence to avoid committing the offence or that he reasonably believed in facts which, if true, rendered his actions innocent - See paragraphs 24 to 27.

Cases Noticed:

R. v. O'Brien, [1965] 3 C.C.C. 93, not folld. [para. 9].

Williams v. Russell (1933), 29 Cox C.C. 640, refd to. [para. 15].

Ramawad v. Minister of Manpower and Immigration, [1978] 2 S.C.R. 375; 18 N.R. 69, appld. [para. 19].

R. v. Sault Ste. Marie, [1978] 2 S.C.R. 1299; 21 N.R. 295; 40 C.C.C.(2d) 353; 85 D.L.R.(3d) 161; 3 C.R.(3d) 30, consd. [para. 22].

R. v. Chapin, [1979] 2 S.C.R. 121; 26 N.R. 289; 7 C.R.(3d) 225; 45 C.C.C.(2d) 333 (S.C.C.), refd to. [para. 23].

R. v. Kundeus, [1976] 2 S.C.R. 272; 5 N.R. 471; [1976] 1 W.W.R. 8; 32 C.R.N.S. 129; 61 D.L.R.(3d) 145; 24 C.C.C.(2d)(S.C.C.), refd to. [para. 26].

Statutes Noticed:

Immigration Act, S.C. 1976-77, c. 52, sect. 3 [para. 23]; sect. 57(1) [paras. 2, 5]; sect. 96 [paras. 3, 21 to 23].

Criminal Code, R.S.C. 1970, c. C-34, sect. 730 [paras. 6 to 7, 17].

Counsel:

K. Zaifman, for the appellant;

Mira Thow, for the respondent.

This appeal was heard before JEWERS, C.C.J., of the Manitoba County Court, whose decision was delivered on August 28, 1981: