Minister of Citizenship and Immigration v. Mugesera and Others (League for Human Rights of B’nai Brith Canada and Others Intervening)

Abstract

Aliens — Expulsion — Whether speech given by respondent in Rwanda before granted permanent residency in Canada constituting incitement to murder, genocide or hatred, or crime against humanity — Deportation under Immigration Act 1985

International criminal law — Incitement to crime of genocide — Definition — Whether incitement to genocide having no requirement of proof of genocide — Crimes against humanity — Definition — Speech inciting hatred — Definition

Relationship of international law and municipal law — Interpretation and application of provisions of Canadian Criminal Code in accordance with customary law and Canada’s treaty obligations — Relevant sources of international law and recent jurisprudence including International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda — Whether Canadian case law inconsistent with international criminal tribunals on crimes against humanity — Canadian case law overruled to the extent of inconsistency — The law of Canada