Re Janoczka,

Date04 August 1932
Docket NumberCase No. 154
CourtCourt of Appeal (Manitoba)
Canada, Manitoba Court of Appeal.
Case No. 154
Re Janoczka.

International Comity — Deportation of Aliens — Acquiescence of Country of Origin.

Aliens — Deportation of — Securing of Acquiescence of Country of Citizenship — International Comity.

The Facts.—The plaintiff, a Polish subject, had been ordered to be deported in accordance with Sections 40 and 42 of the Canadian Immigration Act of 1927. His appeal against the order was dismissed. Subsection 2 of Section 19 of the Immigration Act provided as follows: “In case of the appeal being dismissed by the Minister, the appellant shall forthwith be deported.” After the appeal had been dismissed, the authorities took up the matter with the Polish Consul in February 1931, with a view to obtaining a Polish passport for the petitioner. It was not until November 1931 that they received an intimation that the passport would be granted. Thereupon they took steps to apprehend the petitioner and to deport him. The present petition was based on the ground that the deportation order, not having been carried out “forthwith”, was no longer valid.

Held: that the petition must be dismissed. There had been no undue delay in making the order for deportation. After referring to authorities on the matter of the right of the State to expel aliens,1 the Court said (per Robson, J.A.): “The right of expulsion of a foreign citizen whose presence is found to be objectionable does not seem to be conditional on the acquiescence of the country of the foreign citizenship but apparently...

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