A-195-74
Kenneth Charles Dickens (Applicant)
v.
The Queen (Respondent)
Court of Appeal, Cattanach, Pratte and Urie
JJ.—Ottawa, August 19, 1974.
Judicial review—Immigration—United States citizen enter
ing Canada as visitor—Return to United States—Second
entry into Canada as visitor—Not subject to deportation—
Immigration Act, R.S.C. 1970, c. I-2, ss. 18, 25, 27—Federal
Court Act, s. 28.
The applicant, having entered as a visitor and remained in
Canada for one year, returned to the United States in July,
1974. In that month he was again admitted as a visitor and,
after a special inquiry, was ordered deported under sections
25, 27(3) of the Immigration Act as a person described in
section 18 of the Act. He applied, under section 28 of the
Federal Court Act, to set aside the order.
Held, granting the application, the applicant, after re-
admission, was outside the category of persons liable to
deportation in section 18(1)(e)(vi) i.e., persons entering
Canada as non-immigrants who remained in Canada after
ceasing to be in the particular class in which they were
admitted. The deportation order was quashed.
APPLICATION.
COUNSEL:
L. Levencrown for applicant.
E. Sojonky for respondent.
SOLICITORS:
Max, Dick & Levencrown, Ottawa, for
applicant.
Deputy Attorney General of Canada for
respondent.
The following are the reasons for judgment
delivered orally in English by
URIE J.: This is an application made pursuant
to section 28 of the Federal Court Act to review
and set aside an order made under the provi
sions of section 27(3) of the Immigration Act on
the 18th day of July, 1974 for the deportation of
the applicant, Kenneth Charles Dickens.
The applicant, a United States citizen, entered
Canada on July 11, 1973 as a visitor. He
remained here until early July 1974 when he
returned to the United States. On July 12, 1974
he was readmitted to Canada as a visitor. On
July 17, 1974 the Assistant Director-General,
Ontario, of the Department of Immigration at
Toronto, directed an inquiry to be held pursuant
to section 25 of the Immigration Act to deter
mine whether
Kenneth Charles Dickens is a person other than a Canadian
Citizen or a person with Canadian domicile who entered
Canada as a non-immigrant and remains therein after ceas
ing to be in the particular class in which he was admitted as
a non-immigrant.
Following the special inquiry an order was made
by the Special Inquiry Officer, the relevant por
tions of which are as follows:
... I have reached the decision that you may not come into
or remain in Canada as of right in that:
(1) you are not a Canadian citizen;
(2) you are not a person having Canadian domicile; and
that,
(3) you are a person described in subparagraph
18(1)(e)(vi) of the Immigration Act in that you entered
Canada as a non-immigrant and have remained therein
after ceasing to be in the particular class in which you
were admitted as a non-immigrant;
(4) you are subject to deportation in accordance with
subsection 18(2) of the Immigration Act.
I hereby order you to be detained and to be deported.
In view of the unanimous conclusion we have
reached it will be unnecessary for us to consider
all of the arguments advanced by counsel for
the applicant. It is clear from the evidence that
the Special Inquiry Officer failed to take into
account in making his order the fact that the
applicant had returned to the United States and
had been readmitted to Canada on July 12, 1974
and, therefore, was not a "person" described in
section 18(1)(e)(vi) of the Immigration Act.
The deportation order will, therefore, be set
aside.
* * *
CATTANACH J.—I concur.
* * *
PRATTE J.—I concur.
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.