Canada (Minister of Citizenship and Immigration) v Khosa
Canada (Citizenship and Immigration) v. Khosa | |
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Hearing: March 20, 2008 Judgment: March 6, 2009 | |
Full case name | Minister of Citizenship and Immigration v. Sukhvir Singh Khosa |
Citations | 2009 SCC 12, [2009] 1 SCR 339 |
Docket No. | 31952 [1] |
Prior history | Judgment for Khosa in the Federal Court of Appeal. |
Ruling | Appeal allowed. |
Holding | |
| |
Court membership | |
Chief Justice: Beverley McLachlin Puisne Justices: Michel Bastarache, Ian Binnie, Louis LeBel, Marie Deschamps, Morris Fish, Rosalie Abella, Louise Charron, Marshall Rothstein | |
Reasons given | |
Majority | Binnie J., joined by McLachlin C.J. and LeBel, Abella and Charron JJ. |
Concurrence | Rothstein J. |
Concurrence | Deschamps J. |
Dissent | Fish J. |
Bastarache J. took no part in the consideration or decision of the case. |
Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, is a leading Supreme Court of Canada decision in Canadian administrative law.
Facts
Khosa was a citizen of India who immigrated to Canada with his family in 1996 at the age of 14. He was found guilty in 2002 of criminal negligence causing death and sentenced to a conditional sentence of two years less a day. A removal order was issued for him to return to India.
Judicial History
Khosa appealed the order to the
Opinion of the court
Binnie J. wrote for the majority, who found that s. 18.1 of the Federal Courts Act set out the threshold grounds which permit but do not require the court to grant relief when conducting judicial review. Binnie J. held that "whether or not the court should exercise its discretion in favour of the application will depend on the court's appreciation of the respective roles of the courts and the administration as well as the "circumstances in each case".[2]
Applying the reasonableness standard from
Dissenting opinion
Fish J. dissented, agreeing with the Court of Appeal that the decision was unreasonable on account of the IAD's emphasis on the specific fact that Khosa denied having engaged in street-racing,[3] and would have granted a re-hearing in the IAD, concluding, "I agree that decisions of the IAD are entitled to deference. In my respectful view, however, deference ends where unreasonableness begins."[4]
See also
- Suresh v. Canada (Minister of Citizenship and Immigration), 2002 SCC 1
- Ahani v. Canada (Minister of Citizenship and Immigration), 2002 SCC 2
- Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817
- List of Supreme Court of Canada cases
Notes
- ^ SCC Case Information - Docket 31952 Supreme Court of Canada
- ^ 2009 SCC 12 at para 31.
- ^ Ibid at para 147.
- ^ Ibid at para 160.
External links
- Full text of Supreme Court of Canada decision available at LexUM and CanLII