DANISH HAROON PEER Appellant v. THE MINISTER OF CITIZENSHIP, 2011 FCA 91
Opinion
Federal Court of Appeal Cour d'appel fédérale Date: 20110309 Docket: A-267-10 Citation: 2011 FCA 91 CORAM: BLAIS C.J. SHARLOW J.A. STRATAS J.A. BETWEEN: DANISH HAROON PEER Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Toronto, Ontario , on March 9, 2011. Judgment delivered from the Bench at Toronto, Ontario , on March 9, 2011. REASONS FOR JUDGMENT OF THE COURT BY: BLAIS C.J. Federal Court of Appeal Cour d'appel fédérale Date: 20110309 Docket: A-267-10 Citation: 2011 FCA 91
CORAM: BLAIS C.J. SHARLOW J.A. STRATAS J.A. BETWEEN: DANISH HAROON PEER Appellant and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto , Ontario on March 9, 2011) BLAIS C.J. [ 1 ] Despite the able submissions of counsel for the Appellant, we have not been persuaded that Justice Zinn erred in his
interpretation of the word espionage in subsection 34(1) of the Immigration and Refugee Protection Act , S.C. 2001, c. 27. On the contrary, we agree with his decision, substantially for the reasons he gave. [ 2 ] The certified question is: Is a person inadmissible to Canada for engaging in
an act of espionage against a democratic government, institution or process within the meaning of subsection section 34(1) (
a) of the Immigration and Refugee Protection Act , if the persons activities consist of intelligence gathering activities that are legal in the country where they take place, do not violate international law and where there is no evidence of hostile intent against the persons who are being observed? [ 3 ] We would answer yes to this question. [ 4 ] Counsel conceded that, given that answer, there is no basis for appellate intervention. [ 5 ] The appeal will be dismissed. Pierre Blais Chief Justice
FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-267-10 (APPEAL FROM A JUDGMENT OF THE HONOURABLE MR. JUSTICE ZINN, DATED JULY 19, 2010, IN FEDERAL COURT FILE NO. IMM-5147-09) STYLE OF CAUSE: DANISH HAROON PEER v. THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: March 9, 2011 REASONS FOR JUDGMENT OF THE COURT BY: (BLAIS C.J., SHARLOW & STRATAS JJ.A.) DELIVERED FROM THE BENCH BY: BLAIS C.J.
APPEARANCES : Jacqueline Swaisland FOR THE APPELLANT Ladan Shahrooz Hillary Stephenson FOR THE RESPONDENT SOLICITORS OF RECORD : Waldman & Associates FOR THE APPELLANT Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT
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