Townsend v. Canada (Minister of Citizenship and Immigration)
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Townsend v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2004-12-15 Neutral citation 2004 FCA 436 File numbers A-167-04 Decision Content Date: 20041215 Docket: A-167-04 Citation: 2004 FCA 436 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: ALWYN LLOYD TOWNSEND Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Toronto, Ontario, on December 15th, 2004. Judgment delivered from the Bench at Toronto, Ontario, on December 15th, 2004. REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. Date: 20041215 Docket: A-167-04 Citation: 2004 FCA 436 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: ALWYN LLOYD TOWNSEND Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 15, 2004) LÉTOURNEAU J.A. [1] Notwithstanding the able arguments of Mr. Crane, we are in full agreement with the findings and conclusions of Kelen J. [2] Therefore the appeal will be dismissed and the following certified question will be answered in the positive: If a person has been convicted of a crime that was punished in Canada by a term of imprisonment of less than two years, and found to be a "danger to the public" under subsection 70(5) of the former Immigration Act so that person had no right of an appeal to the IAD under the former Immigration Act, does subsection 326(2) of the Immigration and Refugee Pr…
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Townsend v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2004-12-15 Neutral citation 2004 FCA 436 File numbers A-167-04 Decision Content Date: 20041215 Docket: A-167-04 Citation: 2004 FCA 436 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: ALWYN LLOYD TOWNSEND Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Toronto, Ontario, on December 15th, 2004. Judgment delivered from the Bench at Toronto, Ontario, on December 15th, 2004. REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A. Date: 20041215 Docket: A-167-04 Citation: 2004 FCA 436 CORAM: LÉTOURNEAU J.A. SEXTON J.A. SHARLOW J.A. BETWEEN: ALWYN LLOYD TOWNSEND Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 15, 2004) LÉTOURNEAU J.A. [1] Notwithstanding the able arguments of Mr. Crane, we are in full agreement with the findings and conclusions of Kelen J. [2] Therefore the appeal will be dismissed and the following certified question will be answered in the positive: If a person has been convicted of a crime that was punished in Canada by a term of imprisonment of less than two years, and found to be a "danger to the public" under subsection 70(5) of the former Immigration Act so that person had no right of an appeal to the IAD under the former Immigration Act, does subsection 326(2) of the Immigration and Refugee Protection Regulations, which refers to subsection 64(1) of IRPA but not subsection 64(2) of IRPA, bar an appeal to the IAD_ "Gilles Létourneau" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-167-04 STYLE OF CAUSE: ALWYN LLOYD TOWNSEND Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: DECEMBER 15, 2004 REASONS FOR JUDGMENT OF THE COURT: (LÉTOURNEAU, SEXTON, SHARLOW, J.J.A.) DELIVERED FROM THE BENCH BY: LÉTOURNEAU J.A. APPEARANCES: Mr. Michael Crane FOR THE APPELLANT Ms. Ann Margaret Oberst Ms. Deborah Drukarsh FOR THE RESPONDENT SOLICITORS OF RECORD: Michael Crane Barrister & Solicitor Toronto, Ontario FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca