Qu v. Canada

Qu v. Canada (Minister of Citizenship and Immigration), [2002] 3 FCR 3, 2001 FCA 399 (CanLII)


• 19(1)(f)(i) of former Act: inadmissible if have engaged in acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada

• Security inadmissibility – Interpretation of 19(1)(f)(i) of the former Act, which is now broken up into 34(1)(a) (espionage element) and 34(1)(b.1) IRPA (subversion against democratic government, without espionage element)
o 34(1) A permanent resident or a foreign national is inadmissible on security grounds for:

(a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests;
(b) engaging in or instigating the subversion by force of any government;
(b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
• Chinese student studying at Concordia, was a member of Chinese Scholars and Students Association – regularly reported on activities of its members to the Chinese embassy
• Denied PR due to visa officer finding had engaged in acts of espionage and subversion against democratic government, institutions or processes
• Federal Court accepted that there was espionage and subversion, but allowed the JR based on the fact that he believed the proper interpretation of the provision included only subversion or espionage against political governing bodies – Minister appeals here in the FCA
• FCA holds that there is no basis to limit the definition to include only political governing bodies:
o [50]Accordingly, a democratic institution for the purpose of subparagraph 19(1)(f)(i) of the Immigration Act consists of a structured group of individuals established in accordance with democratic principles with preset goals and objectives who are engaged in lawful activities in Canada of a political, religious, social or economic nature.