Canada (Minister of Employment and Immigration) v. Chiarelli

SCCInfoBox
case-name=Canada (Minister of Employment and Immigration) v. Chiarelli
full-case-name=Minister of Employment and Immigration v. Joseph (Giuseppe) Chiarelli
heard-date=October 28, 1991
decided-date=March 26, 1992
citations= [1992] 1 S.C.R. 711
docket=21920
history=
ruling=appeal allowed and cross‑appeal dismissed
ratio=
SCC=1991-1992
Unanimous=Sopinka J.
NotPresent=

"Canada (Minister of Employment and Immigration) v. Chiarelli", [1992] 1 S.C.R. 711 is a leading Canadian case on the constitutionality of the deportation regime. The court held that the deportation a permanent resident who has violated a condition of admission to Canada does not violate any principle of fundamental justice under section 7 of the "Canadian Charter of Rights and Freedoms.

Background

Joseph (Giuseppe) Chiarelli was born in Italy in 1960 and arrived in Canada in 1975. In November 1984 he pleaded guilty to unlawfully uttering threats to cause injury and to possession of narcotics for purpose of trafficking. He served six months in prison.

In 1986 he was called to a hearing based on his violation of his permanent residency status for his previous convictions.

Opinion of the Court

Justice Sopinka argued that the granting of permanent resident status was contractual in nature between the applicant and the state. "The most fundamental principle of immigration law is that non-citizens do not have an unqualified right to enter or remain in the country". [p. 733] Consequently, the state has the right to grant the privilege of enter, work, and access services of the country, and may grant them in exchange for conditions.

Aftermath

Reasoning has been criticized as children are equally bound despite them not consenting to the conditions. The argument for right to exclude was also criticized for its lack of consideration of international obligations such as duty against refoulement. [ Waldman, "Canadian Immigration and Refugee Law Practice" (2004) at p. 19]

Notes

ee also

* List of Supreme Court of Canada cases

External links

*