Schiffer v. MMI, (1974) 6 N.R. 321 (FCA)

JudgePratte and Urie, JJ. and Sheppard, D.J.
CourtFederal Court of Appeal (Canada)
Case DateNovember 22, 1974
JurisdictionCanada (Federal)
Citations(1974), 6 N.R. 321 (FCA)

Schiffer v. MMI (1974), 6 N.R. 321 (FCA)

MLB headnote and full text

Schiffer v. Minister of Manpower and Immigration

Indexed As: Schiffer v. Minister of Manpower and Immigration

Federal Court of Appeal

Pratte and Urie, JJ. and Sheppard, D.J.

November 22, 1974.

Summary:

This case arose out of an application by an American citizen to visit Canada for a brief period. The applicant was examined by an immigration officer and a special inquiry officer. The applicant admitted that she had used marijuana on an intermittent basis during the previous five years. She stated that she had purchased the drug in one ounce quantities and offered and gave small quantities of marijuana to friends. The special inquiry officer made a deportation order with respect to the applicant on the grounds that she admitted to the commission of a crime involving moral turpitude, namely, the unlawful possession of marijuana and also on the grounds that she admitted that within the past five years she engaged in the unlawful giving of a narcotic.

The applicant appealed to Immigration Appeal Board. The Immigration Appeal Board dismissed the appeal but granted the applicant special relief under s. 15 of the Immigration Appeal Board Act - see paragraph 5.

On appeal to the Federal Court of Appeal the appeal was dismissed and the deportation order against the applicant was affirmed on the ground that the applicant was a person who engaged in the "unlawful giving" of a narcotic within the meaning of s. 5(k) of the Immigration Act. S. 5(k) stated:

"5. No person, other than a person referred to in subsection 7(2), shall be admitted to Canada if he is a member of any of the following classes of persons:

. . . . .

(k) persons who are engaged or are suspected on reasonable grounds of being likely to engage in any unlawful giving, using, inducing other persons to use, distributing, selling, offering or exposing for sale, buying, trading or trafficking in any substance that is a narcotic within the meaning of the Narcotic Control Act, or persons who at any time have been so engaged unless, in the latter case, at least five years have elapsed since they were so engaged and they are not, in the opinion of the Minister, likely to unlawfully use or deal in any way in such substances or cause other persons to do so;

Aliens - Topic 1744

Immigration - Exclusion - Particular persons - Persons engaged in activity prohibited by the Narcotic Control Act - Whether the applicant engaged in the "unlawful giving" of a narcotic - The applicant stated that within the past five years she offered and gave small quantities of marijuana to friends - The Federal Court of Appeal affirmed a deportation order against the applicant.

Words and Phrases

Unlawful giving - The Federal Court of Appeal discussed the meaning of the words "unlawful giving" as found in s. 5(k) of the Immigration Act.

Statutes Noticed:

Immigration Act, R.S.C. 1970, c. I-2, sect. 5(k) [see above].

Counsel:

Peter Fraser, for the applicant;

N.D. Mullins, Q.C., for the respondent.

This appeal was heard by the Federal Court of Appeal at Vancouver, B.C. on November 20 and 22, 1974. Judgment was delivered by the Federal Court of Appeal at Vancouver, B.C. on November 22, 1974.

The judgment of the Federal Court of Appeal was delivered by PRATTE, J.

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1 practice notes
  • Button v. MMI, (1975) 8 N.R. 545 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 22, 1975
    ...2]. R. v. Martin, [1956] 2 All E.R. 86, refd to. [fn. 2]. Board of Trade v. Owen, [1957] A.C. 602, refd to. [fn. 2]. Schiffer v. M.M.I., 6 N.R. 321, folld. [fn. 5, 9]. Julius v. Bishop of Oxford (1880), 5 A.C. 214, folld. [para. 15]. Srivastava v. Minister of Manpower and Immigration, [1973......
1 cases
  • Button v. MMI, (1975) 8 N.R. 545 (FCA)
    • Canada
    • Canada (Federal) Federal Court of Appeal (Canada)
    • January 22, 1975
    ...2]. R. v. Martin, [1956] 2 All E.R. 86, refd to. [fn. 2]. Board of Trade v. Owen, [1957] A.C. 602, refd to. [fn. 2]. Schiffer v. M.M.I., 6 N.R. 321, folld. [fn. 5, 9]. Julius v. Bishop of Oxford (1880), 5 A.C. 214, folld. [para. 15]. Srivastava v. Minister of Manpower and Immigration, [1973......