The Minister of Citizenship and Immigration sought to deport the respondent, a permanent resident, alleging that a speech he delivered in Rwanda in 1992 constituted incitement to murder, hatred, and genocide, and a crime against humanity.
The Immigration and Refugee Board (Appeal Division) upheld the deportation order, but the Federal Court of Appeal set it aside after reassessing the factual findings.
The Supreme Court of Canada allowed the Minister's appeal, holding that the Federal Court of Appeal exceeded its judicial review function by substituting its own findings of fact.
Applying customary international law and the Criminal Code, the Court found that the speech constituted incitement to murder, hatred, and genocide, and amounted to persecution as a crime against humanity.
The deportation order was restored.
