Pascale v. Canada ( Minister of Citizenship and Immigration )
IMM-889-96
Gibson J.
24/11/97
10 pp.
Judicial review of decision applicant danger to public in Canada-Applicant born in Italy in 1959-Arriving in Canada at age nine-Living in Alberta entire time in Canada-Applicant's criminal record dating from 1976-Including dangerous driving, driving with more than legal limit of alcohol in blood, assault, sexual assault on former wife-Assumption respondent's delegate relying heavily on reviewing officer's report, recommendation, in forming opinion-In absence of evidence to contrary, Court assuming decision-maker acting in good faith in having regard to totality of material-Reviewing officer's summary reasonable, not misrepresenting material before reviewing officer, not disclosing either bias or basis for reasonable apprehension thereof-Respondent's delegate making no reviewable error in failing to seek further material to support applicant's position-Preferable to share reviewing officer's summary report, recommendations with applicant, provide applicant with opportunity to comment thereon, include those comments in material submitted directly to respondent's delegate for consideration, particularly where reasons for respondent's delegate's decision not provided-Such sharing would increase confidence in efficacy of process-Sharing and providing reasonable opportunity to respond to document likely to reduce range of applications for judicial review arising from danger to public opinions-Additional time added to process only conceivable argument against sharing-Against time factor must weigh reality that persons such as applicant often in Canada for greater part of lives, product of Canadian environment-Likely to suffer substantial hardship by reason of removal from Canada to environment where have little if any support resources, opportunities for employment-Arguably, will therefore represent substantially greater risks of harm by turning in new environment to very kinds of influences, activities, leading or contributing to criminal lifestyle in Canada-Fairness weighing in favour of their knowing basis on which respondent's delegate in part acted-Against test for judicial review of such matters enunciated in Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (C.A.), no reviewable error herein justifying Court's intervention-Application dismissed.