Febles v. Minister of Citizenship and Immigration

Abstract

Aliens — Refugees — Refugee protection — Exclusion from refugee protection — Commission of serious non-political crime prior to admission to country of refuge — United Nations Convention Relating to the Status of Refugees, 1951 (“Refugee Convention”) — Article 1F(b) — Canadian Immigration and Refugee Protection Act 2001 — Section 98 — Whether Article 1F(b) barring Cuban national from seeking refugee protection in Canada on account of serious crimes committed in United States — Whether Article 1F(b) exclusion restricted to fugitives from justice — Whether factors such as service of full sentence, rehabilitation and dangerousness to be balanced against seriousness of crime

Treaties — Interpretation — Refugee Convention — Article 1F(b) — Vienna Convention on the Law of Treaties, 1969 — Article 31(1) — Ordinary meaning of terms of treaty — Context — Object and purpose of treaty — Whether Article 1F(b) of Refugee Convention restricted to fugitives from justice — Whether necessary to use travaux préparatoires for purpose of interpretation — The law of Canada