Canada ( Minister of Citizenship and Immigration ) v. Kadenko
A-388-95
Décary J.A.
15/10/96
4 pp.
Appeal from Trial Division decision certifying question under Immigration Act, s. 83(1)-In reasons, Motions Judge suggesting question should be answered in affirmative and that once certain police officers in democratic state refuse to take action, state automatically incapable of affording protection-Question must be answered in negative-Where state (Israel) has political and judicial institutions capable of protecting its citizens, refusal of certain police officers to take action cannot in itself make state incapable of doing so-Claimant must do more than simply prove went to see some members of police force and efforts unsuccessful-Refugee Division's finding of fact supported by evidence and legal conclusion by case law-Motions Judge substituted opinion on evidence for Refugee Division's, not Motions Judge's role on application for judicial review-Appeal allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 83(1) (as am. by S.C. 1992, c. 49, s. 73).