Reference as to the effect of the Exercise by His Excellency the Governor General of the Royal Prerogative of Mercy upon Deportation Proceedings,
| Judge | Duff C.J |
| Court | Supreme Court (Canada) |
| Docket Number | Case No. 135 |
| Date | 29 March 1933 |
(Duff, C.J.; Rinfret, Lamont, Smith, Cannon, Crockett, JJ.)
Aliens — Deportation — Liability to — Conviction on Criminal Charge — Effect of Service of Full Sentence — Effect of Pardon.
The Facts.—Section 40 of the Immigration Act (Revised Statutes of Canada, 1927, c. 93) provides for the making of complaints to the Minister of Immigration regarding the presence in Canada of certain persons belonging to “prohibited and undesirable classes”, in particular any person “who has been convicted of a criminal offence in Canada”, or “who has become an inmate of a penitentiary, gaol, reformatory, prison”.
Section 42 empowers the Minister to order any person, against whom such a complaint has been received, to be taken into custody and detained for the investigation by a Board of Enquiry of the facts alleged in the complaint. When the Board is satisfied that such person belongs to any of the “prohibited and undesirable classes”, such person shall be deported forthwith, subject to a right of appeal to the Minister.
Section 43 provides machinery for the execution of the provisions of s. 42 in respect of an undesirable alien who has become an inmate of a prison: the Minister of Justice is empowered, upon the request of the Minister of Immigration, to issue an order, in a given form, to the Governor of the prison commanding him “after the sentence or term of imprisonment of such person has expired” to detain him and deliver him over for deportation.
The questions referred to the Court were, inter alia:
3. Would the sentence or term of imprisonment of a convict released as the result of the conditional or unconditional exercise of His Majesty's prerogative of mercy be deemed to have expired within the meaning of s. 43 of the Immigration Act?
4. If a convict, by reason of having been convicted of a criminal offence in Canada, is liable to be deported under the provisions of s. 42 of the Immigration Act, would he cease to be so subject (a) upon serving his sentence in full; (b) upon his release from prison in the exercise of the royal prerogative of mercy prior to the expiration of his sentence?
Held: In regard to question 3: “According to the natural reading of the words, the phrase ‘sentence or term of imprisonment’, in s. 43, is intended to embrace...
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...FC 543, refd to. [para. 371]. Reference as to the Effect of the Exercise of Royal Prerogative of Mercy Upon Deportation Proceedings, [1933] S.C.R. 269; [1933] 2 D.L.R. 348, refd to. [para. 384]. Winterhaven Stables Ltd. v. Canada (Attorney General), [1989] 1 W.W.R. 193; 91 A.R. 114; 53 D.L.......
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Canadian Doctors for Refugee Care et al. v. Canada (Attorney General) et al., (2014) 458 F.T.R. 1 (FC)
...FC 543, refd to. [para. 371]. Reference as to the Effect of the Exercise of Royal Prerogative of Mercy Upon Deportation Proceedings, [1933] S.C.R. 269; [1933] 2 D.L.R. 348, refd to. [para. 384]. Winterhaven Stables Ltd. v. Canada (Attorney General), [1989] 1 W.W.R. 193; 91 A.R. 114; 53 D.L.......
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Médecins canadiens pour les soins aux réfugiés c. Canada (Procureur général),
...as to the effect of the Exercise by His Excellency the Governor General of the Royal Prerogative of Mercy upon Deportation Proceedings, [1933] R.C.S. 269; Pharmaceutical Manufacturers Assn. of Canada v. British Columbia (Attorney General), 1997 CanLII 4597, 149 D.L.R. (4th) 613 (C.A. C.- B.......
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Que. v. Therrien, 2001 SCC 35
...93]. Reference Re the Effect of the Exercise by the Governor General of the Royal Prerogative of Mercy upon Deportation Proceedings, [1933] S.C.R. 269, refd to. [para. Constitutional Amendment References 1981 (Man., Nfld., Que.), [1981] 1 S.C.R. 753; 39 N.R. 1; 11 Man.R.(2d) 1; 34 Nfld. &am......
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Table of Cases
...385 Reference as to the Effect of the Exercise of the Royal Prerogative of Mercy Upon Deportation Proceedings, [1933] S.C.R. 269, 2 D.L.R. 348, 59 C.C.C. 301 .......................................................................... 58 Table of Cases 631 Reference Re Agricultural Products M......
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Table of Cases
...as to the efect of the Exercise by His Excellency the Governor General of the Royal Prerogative of Mercy upon Deportation Proceedings, [1933] SCR 269, [1933] 2 DLR 348, [1933] SCJ No 18 ........................................................................................... 74 Reference ......
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Table of Cases
...File 529/1993 ................. 600 Effect of Exercise of Royal Prerogative of Mercy Upon Deportation Proceedings, Reference re, [1933] S.C.R. 269, [1933] 2 D.L.R. 348, [1933] S.C.J. No. 18 ........................................................................................ 67 Ex Parte ......