Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 1222

Veluppillai Pushpanathan (Pushpanathan Veluppillai) Appellant

v.

The Minister of Citizenship and Immigration Respondent

and

The Canadian Council for Refugees Intervener

Indexed as: Pushpanathan v. Canada (Minister of Citizenship and Immigration)

File No.: 25173.

1998: September 17.

Present: L’Heureux‑Dubé, Gonthier, Cory, McLachlin, Major and Bastarache JJ.

rehearing

Judgments and orders -- Rehearing -- Reasons for judgment and order amended.

JUDGMENT

A rehearing is ordered. The reasons of Bastarache J., in which judgment was rendered on June 4, 1998, 1998 CanLII 778 (SCC), [1998] 1 S.C.R. 982, are modified at para. 77 as follows:

I would allow the appeal and return the matter to the Convention Refugee Determination Division for redetermination of the applicant’s refugee claim in a manner consistent with this decision. The respondent may choose to proceed with its powers under ss. 19 and 53 of the Immigration Act.

The order of the Court is modified as follows:

The appeal is allowed and the matter is returned to the Convention Refugee Determination Division for redetermination of the applicant’s refugee claim in a manner consistent with this decision. The respondent may choose to proceed with its powers under ss. 19 and 53 of the Immigration Act. Cory and Major JJ. are dissenting.

Judgment accordingly.

Solicitors for the appellant: Waldman & Associates, Toronto.

Solicitor for the respondent: Justice Canada, Toronto.

Solicitor for the intervener: David Matas, Winnipeg.