The Supreme Court of Canada has “clarified” the elements of the duress defence. The defence is important because it can affect admissibility. For example, in Guerra Diaz v. Canada (Citizenship and Immigration), 2013 FC 88, the Federal Court of Court determined that the Immigration and Refugee Board improperly applied the test of whether duress applied, and … Read More
Ezokola and the Test For Complicity
In 2013, the Supreme Court of Canada in Ezokola v. Canada (Citizenship and Immigration) created a new test for determining complicity in Article 1F(a) exclusion cases. Article 1F(a) of the 1951 Refugee Convention provides that: The provisions of this Convention shall not apply to any person with respect to whom there are serious reasons for considering that: … Read More
Supreme Court Clarifies Elements of Conspiracy
On March 1, 2013, the Supreme Court of Canada (the “SCC“) in R v. J.F., clarified the elements of the offence of conspiracy. The decision has immigration implications because people who have been convicted of conspiracy may be inadmissible to Canada. Section 465 of Canada’s Criminal Code criminalizes the offence of conspiracy. Conspiracy is a form of inchoate liability. … Read More