Nikolaos Lignos (Suppliant)
v.
Minister of Manpower and Immigration
(Respondent)
Court of Appeal, Jackett C.J., Perrier and Cho-
quette D.JJ.—Montreal, December 11, 1972.
Immigration—Special Inquiry Officer, powers of—Depor-
tation order—Immigrant released on bail on condition he do
not accept employment—Whether permissible—Ministerial
directives to Special Inquiry Officer, whether permissible—
Immigration Act, R.S.C. 1970, c. I-2, s. 17.
A Special Inquiry Officer ordered the deportation of an
immigrant, but permitted his release on bail on condition
that he do not keep or accept any remunerative employment
in Canada.
Held, dismissing an application to set aside the order, the
condition attached to the order for applicant's release on
bail was within the discretion of the Special Inquiry Officer
under section 17 of the Immigration Act, R.S.C. 1970, c.
I-2. The discretion granted under that section to the Special
Inquiry Officer may be exercised in accordance with direc
tives of the Minister provided that those directives are
within the limitations prescribed in the section.
APPLICATION under section 28(2) of the
Federal Court Act to review and set aside the
decision rendered on December 3, 1971 by G.
Savard, a Special Inquiry Officer nominated by
the Minister of Manpower and Immigration pur
suant to section 11(1) of the Immigration Act.
By the said order the Special Inquiry Officer
ordered the deportation of applicant but
allowed his release on bail pending appeal on
condition that he neither retain nor accept any
remunerative employment in Canada.
Michel Bergevin for suppliant.
Roméo Léger for respondent.
The judgment of the Court was delivered by
CHOQUETTE D.J.—We are all agreed that
there is no basis for the motion.
We consider that the discretion granted in s.
17 may be exercised by the Special Inquiry
Officer in accordance with the directives of the
Minister, provided that those directives observe
the limitations prescribed in this section.
We are also of the opinion that the condition
requiring that anyone against whom a deporta
tion order is issued on the grounds that this
person is in Canada illegally, may not accept
employment while free on bail, is a condition
that follows naturally from the objectives of the
Immigration Act.
It follows that the condition in question does
not impose any cruel and unusual treatment or
punishment. We therefore dismiss suppliant's
motion.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.