The Minister applied for judicial review of an Immigration Appeal Division (IAD) decision finding the respondent, a former Moldovan police officer, not inadmissible to Canada.
The Minister alleged the respondent was inadmissible under s. 35(1)(a) of the Immigration and Refugee Protection Act due to widespread torture by the Moldovan police, constituting a crime against humanity.
The IAD held that under the Rome Statute and the Crimes Against Humanity and War Crimes Act, a crime against humanity requires a "State or organizational policy," which was absent here.
The Federal Court dismissed the application, finding the IAD reasonably concluded that the policy requirement displaced earlier Supreme Court of Canada jurisprudence (Mugesera) that pre-dated the Rome Statute.
