Date: 19981117
Docket: IMM-729-98
BETWEEN:
GURMAIL (GURMEL) SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
[Delivered from the Bench at Calgary, Alberta
on Tuesday, November 17, 1998, as edited]
ROTHSTEIN, J.:
[1] This is a judicial review from a decision of the Minister under s. 70 (5) of the Immigration Act, R.S.C. 1985, c. I-2, as amended, that the Applicant was a danger to the public. The Applicant murdered his wife by bludgeoning her to death in the presence of his grandchildren.
[2] There was some evidence before the Minister to the effect that the
Applicant would not pose a danger to the public. The evidence is that this was an isolated, violent incident. The Applicant admitted his offence.
[3] However, there was other evidence before the Minister that since the Applicant could not understand why he reacted violently, there was no guarantee that it would not happen again.
[4] This is a judicial review. It is not a reconsideration of the merits. There was some evidence before the Minister that justified the conclusion she reached. The judicial review must be dismissed.
"Marshall Rothstein"
Judge
Calgary, Alberta
November 17, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19981117
Docket: IMM-729-98
BETWEEN:
GURMAIL (GURMEL) SINGH
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-729-98
STYLE OF CAUSE: GURMAIL (GURMEL) SINGH
v. THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE OF HEARING: CALGARY, ALBERTA
DATE OF HEARING: NOVEMBER 17, 1998
REASONS FOR ORDER OF ROTHSTEIN, J.:
DATED: NOVEMBER 17, 1998
APPEARANCES:
Mr. Dalwinder Hayer for the Applicant
Ms. Catherine Coughlan for the Respondent
SOLICITORS OF RECORD:
Mr. Dalwinder S. Hayer
Calgary, Alberta for the Applicant
George Thomson
Deputy Attorney General for Canada
Ottawa, Ontario for the Respondent