Peer v. Canada (Citizenship and Immigration)

Peer v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court of Appeal Decisions
Date
2011-03-09
Neutral citation
2011 FCA 91
File numbers
A-267-10
Decision Content
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110309
Docket: A-267-10
Citation: 2011 FCA 91
CORAM: BLAIS C.J.
SHARLOW J.A.
STRATAS J.A.
BETWEEN:
DANISH HAROON PEER
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, on March 9, 2011.
Judgment delivered from the Bench at Toronto, Ontario, on March 9, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J.
Federal Court of Appeal
Cour d'appel fédérale
Date: 20110309
Docket: A-267-10
Citation: 2011 FCA 91
CORAM: BLAIS C.J.
SHARLOW J.A.
STRATAS J.A.
BETWEEN:
DANISH HAROON PEER
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario on March 9, 2011)
BLAIS C.J.
[1] Despite the able submissions of counsel for the Appellant, we have not been persuaded that Justice Zinn erred in his interpretation of the word “espionage” in subsection 34(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27. On the contrary, we agree with his decision, substantially for the reasons he gave.
[2] The certified question is:
Is a person inadmissible to Canada for “engaging in an act of espionage … against a democratic government, institution or process” within the meaning of subsection section 34(1)(a) of the Immigration and Refugee Protection Act, if the person’s activities consist of intelligence gathering activities that are legal in the country where they take place, do not violate international law and where there is no evidence of hostile intent against the persons who are being observed?
[3] We would answer yes to this question.
[4] Counsel conceded that, given that answer, there is no basis for appellate intervention.
[5] The appeal will be dismissed.
“Pierre Blais”
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-267-10
(APPEAL FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE ZINN, DATED JULY 19, 2010, IN FEDERAL COURT FILE NO. IMM-5147-09)
STYLE OF CAUSE: DANISH HAROON PEER v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: March 9, 2011
REASONS FOR JUDGMENT
OF THE COURT BY: (BLAIS C.J., SHARLOW & STRATAS JJ.A.)
DELIVERED FROM THE BENCH BY: BLAIS C.J.
APPEARANCES:
Jacqueline Swaisland
FOR THE APPELLANT
Ladan Shahrooz
Hillary Stephenson
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Waldman & Associates
FOR THE APPELLANT
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT