Date: 20041215
Docket: A-167-04
Citation: 2004 FCA 436
CORAM: LÉTOURNEAU J.A.
BETWEEN:
ALWYN LLOYD TOWNSEND
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Heard at Toronto, Ontario, on December 15th, 2004.
Judgment delivered from the Bench at Toronto, Ontario, on December 15th, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20041215
Docket: A-167-04
Citation: 2004 FCA 436
CORAM: LÉTOURNEAU J.A.
BETWEEN:
ALWYN LLOYD TOWNSEND
Appellant
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on December 15, 2004)
[1] Notwithstanding the able arguments of Mr. Crane, we are in full agreement with the findings and conclusions of Kelen J.
[2] Therefore the appeal will be dismissed and the following certified question will be answered in the positive:
If a person has been convicted of a crime that was punished in Canada by a term of imprisonment of less than two years, and found to be a "danger to the public" under subsection 70(5) of the former Immigration Act so that person had no right of an appeal to the IAD under the former Immigration Act, does subsection 326(2) of the Immigration and Refugee Protection Regulations, which refers to subsection 64(1) of IRPA but not subsection 64(2) of IRPA, bar an appeal to the IAD_
"Gilles Létourneau"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-167-04
STYLE OF CAUSE: ALWYN LLOYD TOWNSEND
Appellant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: DECEMBER 15, 2004
REASONS FOR JUDGMENT
OF THE COURT: (LÉTOURNEAU, SEXTON, SHARLOW, J.J.A.)
DELIVERED FROM THE
BENCH BY: LÉTOURNEAU J.A.
APPEARANCES:
Mr. Michael Crane FOR THE APPELLANT
Ms. Ann Margaret Oberst
Ms. Deborah Drukarsh FOR THE RESPONDENT
SOLICITORS OF RECORD:
Michael Crane
Barrister & Solicitor
Toronto, Ontario FOR THE APPELLANT
Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT