Useful Rehabilitation Decision

It’s not often that you see a Federal Court decision specifically discussing whether an officer’s decision to reject an Application for Criminal Rehabilitation was reasonable.  That’s why I read the just released decision in Hadad v. Canada (The Minister of Citizenship, Immigration, and Multiculturalism), 2011 FC 1503, with much interest.

The case affirmed several important principles of rehabilitation applications, including that:

  • The Minister should take into consideration the unique facts of each particular case and consider whether the overall situation warrants a finding that the individual has been rehabilitated.
  • That rehabilitation is forward looking.
  • That an officer commits a reviewable error if he/she attributes too much importance to the fact that an applicant has past criminal activity as opposed to the likelihood that the applicant would be involved in future or unlawful activity.

I have embedded in this post Justice O’Keef’s discussion of these principles.