Pearce v. Canada (Minister of Citizenship and Immigration)
Court headnote
Pearce v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-11-13 Neutral citation 2002 FCT 1180 File numbers IMM-1991-02 Decision Content Date: 20021113 Docket: IMM-1991-02 Neutral citation: 2002 FCT 1180 Toronto, Ontario, Wednesday, the 13th day of November, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: JENNIFER PEARCE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, a s.70(5) Immigration Act decision rendered by the Minister's Delegate is based solely on a single conviction of trafficking in cocaine. Indeed, all the evidence on the record goes to prove that there is no risk of the Applicant committing a further offence, let alone a serious offence. [2] I agree with the reasoning and decision in Chedid v. Canada (Minister of Citizenship and Immigration) 1997 SCJ No. 236 and find that, without more, the conviction in the present case is not sufficient evidence upon which to found a danger determination. [3] Thus, I find the decision under review to be made in reviewable error. ORDER Accordingly, the decision of the Minister's Delegate dated February 4, 2002 is set aside. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of counsel and solicitors of record DOCKET: IMM-1991-02 STYLE OF CAUSE: JENNIFER PEARCE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTAR…
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Pearce v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court Decisions Date 2002-11-13 Neutral citation 2002 FCT 1180 File numbers IMM-1991-02 Decision Content Date: 20021113 Docket: IMM-1991-02 Neutral citation: 2002 FCT 1180 Toronto, Ontario, Wednesday, the 13th day of November, 2002 PRESENT: The Honourable Mr. Justice Campbell BETWEEN: JENNIFER PEARCE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER [1] In the present case, a s.70(5) Immigration Act decision rendered by the Minister's Delegate is based solely on a single conviction of trafficking in cocaine. Indeed, all the evidence on the record goes to prove that there is no risk of the Applicant committing a further offence, let alone a serious offence. [2] I agree with the reasoning and decision in Chedid v. Canada (Minister of Citizenship and Immigration) 1997 SCJ No. 236 and find that, without more, the conviction in the present case is not sufficient evidence upon which to found a danger determination. [3] Thus, I find the decision under review to be made in reviewable error. ORDER Accordingly, the decision of the Minister's Delegate dated February 4, 2002 is set aside. "Douglas R. Campbell" J.F.C.C. FEDERAL COURT OF CANADA TRIAL DIVISION Names of counsel and solicitors of record DOCKET: IMM-1991-02 STYLE OF CAUSE: JENNIFER PEARCE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: WEDNESDAY, NOVEMBER 13, 2002 REASONS FOR ORDER AND ORDER BY: CAMPBELL J. DATED: WEDNESDAY, NOVEMBER 13, 2002 APPEARANCES BY: Ms. Barbara Jackman For the Applicant Mr. John Loncar For the Respondent SOLICITORS OF RECORD: Barbara Jackman Barrister & Solicitor 596 St. Clair Avenue West, Unit 3 Toronto, Ontario M6C 1A6 For the Applicant Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF CANADA Date: 20021113 Docket: IMM-1991-02 BETWEEN: JENNIFER PEARCE Applicant - and - THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca