Supreme Court of Canada

Arnow v. Minister of Employment and Immigration, [1982] 2 S.C.R. 603

Date: 1982-11-16

Leon Maurice Arnow Appellant;

and

The Minister of Employment and Immigration Respondent.

File No.: 16803.

1982: November 16.

Present: Laskin C.J. and Dickson, Estey, McIntyre and Wilson JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Immigration—Inquiry—Inadmissible person—Foreign convictions—Evidence—Photocopy of foreign court judgment—Deportation order—Whether documents establishing foreign criminal convictions in conformity with s. 23(1) of the Canada Evidence Act—Canada Evidence Act, R.S.C. 1970, c. E-10, s. 23(1)—Immigration Act, 1976, 1976-77 (Can.), c. 52, s. 30(2).

APPEAL from a judgment of the Federal Court of Appeal dismissing appellant’s appeal from the adjudicator’s decision ordering appellant’s deportation. Appeal dismissed.

Ian A. Blue and Armand Conant, for the appellant.

David Sgayias, for the respondent.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you Mr. Sgayias. We are all of the opinion that s. 23(1) of the Canada Evidence Act, even if not qualified by s. 30(2) of the Immigration Act, 1976, is satisfied by the record produced in this case against the appellant. We do not find that the adjudicator proceeded without evidence, and he had a broad discretion to determine what credibility and trustworthiness should be attached to the evidence adduced before him.

The appeal is, accordingly, dismissed.

Judgment accordingly.

Solicitors for the appellant: Cassels, Brock, Toronto.

Solicitor for the respondent: R. Tassé, Ottawa.