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A-488-77
In re Peter Joseph James Kennedy and in re a purported immigration hearing held by J. H. Bet- teridge, Special Inquiry Officer, concerning Peter Joseph James Kennedy
Court of Appeal, Pratte, Heald and Urie JJ.— Vancouver, September 9, 1977.
Judicial review — Immigration — Deportation — Section 18 report triggering deportation process, incomplete — Rules of natural justice met — Whether or not deportation order valid — Immigration Act, R.S.C. 1970, c. 1-2, ss. 18, 25.— Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28.
Applicant attacks validity of deportation order made against him following a special inquiry. It is argued that the deporta tion order is vitiated because the Director's order which trig gered the inquiry was made as a consequence of a report not complying with the requirements of section 18.
Held, the application is dismissed. In a case like the present one where the rules of natural justice have been complied with, the mere fact that a section 18 report does not fully meet all the requirements of section 18 cannot be held to affect the validity of the special inquiry and of the deportation order.
Minister of Manpower and Immigration v. Brooks [1974] S.C.R. 850, followed. Moore v. Minister of Manpower and Immigration [1968] S.C.R. 839, followed.
APPLICATION, for judicial review. COUNSEL:
D. E. Black for applicant.
G. C. Carruthers for respondents.
SOLICITORS:
Montaine & Black, Vancouver, for applicant.
Deputy Attorney General of Canada for respondents.
The following are the reasons for judgment of the Court delivered orally in English by
PRATTE J.: The applicant attacks a deportation order made against him following a special inquiry held pursuant to an order made by the Director under section 25 of the Immigration Act, R.S.C. 1970, c. I-2.
The applicant's main argument, and the only one which, in our view, deserves consideration, is that the deportation order is vitiated by reason of the fact that the order of the Director which triggered the inquiry was made as a consequence of a report which did not comply with the require ments of section 18 in that
(1) it did not contain sufficient particulars, and
(2) it had been made by a person who had an insufficient knowledge of the facts warranting the report.
This argument, in our view, must be rejected. In view of the decisions of the Supreme Court of Canada in Minister of Manpower and Immigra tion v. Brooks [1974] S.C.R. 850 at page 854, and Moore v. Minister of Manpower and Immigration [1968] S.C.R. 839 at page 847, in a case like the present one, where the rules of natural justice have been complied with, the mere fact that a section 18 report does not fully meet all the requirements of section 18 cannot, in our opinion, be held to affect the validity of the special inquiry and of the depor tation order.
For these reasons the application will be dismissed.
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