Precondition to passport revocation that holder be convicted of indictable offence

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Precondition to passport revocation that holder be convicted of indictable offence

Applicant and daughter attempted to check-in for flight from Lima to Toronto. Applicant and daughter’s passports had substituted bio-data page that had deficiencies compared to legitimate bio-data page. Passports were seized. Daughter stated that she altered passports one day before flight because she did not want to return to Canada. Respondent decided to revoke applicant’s passport and impose period of refusal of passport services for four years. Respondent determined applicant was aware of damage to passports yet attempted to travel with them away. Applicant sought judicial review. Application granted. It was precondition to passport revocation under s. 10(2)(b) of Canadian Passport Order, that passport holder be convicted of indictable offence. Applicant was never charged or convicted of indictable offence and decision to revoke her passport was made without authority. Revocation was invalid because passport expired by time it was purportedly revoked and Minister could only revoke unexpired passport.
Siska v. Passport Canada (Mar. 28, 2014, F.C., Russel W. Zinn J., File No. T-1180-13) 238 A.C.W.S. (3d) 878.

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