Chu v. Canada ( Minister of Citizenship and Immigration )
A-615-97
Décary J.A.
1/5/98
12 pp.
Appeal dealing with question certified by Reed J. ((1997), 135 F.T.R. 206 (F.C.T.D.)) under Immigration Act, s. 83(1): Does consideration by decision maker of documentary evidence, regarding country information, neither identified for nor provided to Convention refugee, declared "danger to public" pursuant to Act, s. 70(5), offend principles of natural justice?-Appellant born in Vietnam in 1971-Granted status as permanent resident of Canada-In March 1993, convicted of theft over one thousand dollars-In March 1994, convicted on charges of conspiracy to commit indictable offence of trafficking in narcotic and possession of narcotic for purposes of trafficking-In September 1995, appellant received notice from Canada Immigration Centre in Victoria, B.C. regarding "possible issuance of the Minister's Opinion, pursuant to subsection 70(5) of the Immigration Act that you are a Danger to the Public in Canada"-In document entitled "Opinion of the Minister pursuant to subsection 70(5) of the Immigration Act", Minister concluded appellant constituted "a danger to the public in Canada"-Court, in Mancia v. Canada (Minister of Citizenship and Immigration), [1998] F.C.J. No. 565 (C.A.) (QL) has examined requirements of duty of fairness in similar circumstances-In reaching conclusion, Court had given regard to: (a) nature of proceeding and rules under which decision-maker was acting; (b) context of proceeding; and (c) nature of documents at issue in such proceedings-Short delay of 15 days given to appellant to file representations not offending duty of fairness-Failure to seek counsel's assistance not offending duty of fairness-Impugned document prepared by High Commissioner for Refugees at request of Department available at Documentation Centres at time appellant directed there-Principle set out in Mancia clearly applicable-Certified question answered in negative, appeal dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 70(5) (as enacted by S.C. 1995, c. 15, s. 13(3)), 83(1) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 19; S.C. 1992, c. 49, s. 73).