Federal Court


Board failed to apply facts of crime to Canadian criminal law

Respondent was found to be refugee. Respondent was found not to be excluded despite lengthy record of criminal convictions in United States. Minister’s application for judicial review was allowed. Board failed to apply principles set out in case law. Board failed to apply facts of crime to Canadian criminal law. Board looked for equivalent criminal provisions to those of United States offences. Board erred in consideration of contextual matters. Finding on issue of well-founded fear was unduly brief and did not touch on credibility. Reasons were not adequate.

Canada (Minister of Citizenship and Immigration) v. Diaz

(June 21, 2011, F.C., Phelan J., File No. IMM-4878-10) 204 A.C.W.S. (3d) 125 (8 pp.).

cover image


Subscribers get early and easy access to Law Times.

Law Times Poll

A report is making waves because it reveals statistics about composition of juries in two Eastern Ontario regions, which lawyers say show how the system can be biased. Do you believe Ontario juries are representative of all the people who come before the court?