B010 v. Canada (Minister of Citizenship and Immigration)

Abstract

Relationship of international law and municipal law — Treaties — United Nations Convention Relating to Status of Refugees, 1951 — 1967 Protocol — Canada signatory — Canada’s obligations under treaties — Parliamentary intention — Canadian Immigration and Refugee Protection Act — Section 37(1)(b) — Interpretation — Inadmissibility to Canada on ground of “people smuggling” — Whether “people smuggling” limited to activity done in order to obtain, directly or indirectly, a financial or other material benefit — Definition in Section 117 — Reliance of Immigration Board on definition in Section 117 — Admissibility to Canada

Aliens — Migrants to Canada — Appellant seeking refugee status — Prohibited range of conduct making person inadmissible to apply for refugee status — Section 37(1)(b) of Immigration and Refugee Protection Act — “People smuggling” — Whether limited to activity done in order to obtain, directly or indirectly, a financial or other material benefit — Definition in Section 117 — Reliance of Immigration Board on definition in Section 117 — Admissibility to Canada — The law of Canada