Violi v Superintendant of Immigration,

JudgeAbbott,Taschereau C.J.,Abbott J.,Judson J.J,Martland J.
CourtSupreme Court (Canada)
Date21 December 1964
Canada, Quebec Court of Queen's Bench (Appeal Side).
Supreme Court of Canada.
Violi
and
Superintendent of Immigration et Al.

Aliens — Expulsion of — Right of expulsion — Conditions of exercise of right — Expulsion following conviction under Criminal Code — Execution of deportation order suspended for probationary period — Whether order could be implemented after expiration of probationary period — The law of Canada.

The Facts.—This was a petition for a writ of habeas corpus and a writ of certiorari in aid made by one Paolo Violi to prevent the implementation of a deportation order made by the Department of Citizenship and Immigration against his two brothers, Rocco and Giuseppe Violi. Both had been admitted to Canada as immigrants in 1958. In July 1960, Rocco Violi was found guilty of causing bodily harm with a knife and was sentenced to six months' imprisonment. In December 1961, Giuseppe was also convicted under the Criminal Code for failure to stop his motor vehicle at the scene of an accident, and was sentenced to pay a fine. Under Section 19 (1) and (2) of the Immigration Act any person, other than a Canadian citizen, who has been convicted of an offence under the Criminal Code is subject to deportation. Following each of these convictions, an inquiry was held by a Special Inquiry Officer of the Department of Citizenship and Immigration and in each case an order for deportation was issued. An appeal was taken in each case to an Immigration Appeal Board and the appeals were dismissed.

In the case of Rocco Violi, following the decision of the Board he received a letter informing him that it had been decided to defer his deportation for a period of 12 months to give him a chance to demonstrate that he could rehabilitate himself. Giuseppe Violi received a letter stating that the deportation proceedings were being suspended for a period of six months ‘provided no unfavourable report is received during that period’. There was no further action on the part of the Department of Citizenship and Immigration until three years later in the case of Rocco Violi and eighteen months in the case of Giuseppe Violi, when they both received a letter, in the same form, informing them that their case had been reviewed and it had been decided to implement the deportation order. Neither had had any notice of the time or place of this review. Section 31 (4) of the Immigration Act provides:

‘The Minister may in any case review the decision of an Immigration Appeal Board...

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