ГУЛаг Палестины

to be as fully informed as possible of the circumstances giving rise to the report.

(5) Notwithstanding anything in this Act, where a report concerning any person is made to the Review Committee pursuant to

subsection (2), the hearing of an appeal concerning the person ... pursuant to paragraph 72(1)(b) . . . shall be adjourned until the Review

Committee has, pursuant to subsection (6), made a report to the Governor in Council with respect to that person and the Governor in

Council has made a decision in relation thereto.

(6) The Review Committee shall,

(a) on completion of an investigation in relation to a report made to it pursuant to subsection (2), make a report to the Governor in

Council containing its conclusion whether or not a certificate should be issued under subsection 83(1) and the grounds on which that

conclusion is based; and

(b) at the same time as or after a report is made pursuant to paragraph (a), provide the person who made the appeal referred to in

subsection (2) with a report containing the conclusion referred to in that paragraph.

83. (1) Where, after considering a report made by the Review Committee referred to in paragraph 82.1(6)(a), the Governor in Council is

satisfied that a person referred to in paragraph 82.1(2)(a) . . . is a person described

(a) in the case of a permanent resident, in subparagraph 19(1)(d)(ii) or paragraph 19(1)(e) or (g) or 27(1)(c),

. . .

the Governor in Council may direct the Minister to issue a certificate to that effect.

(2) Notwithstanding anything in this Act, the Board shall dismiss any appeal made . . . pursuant to paragraph 72(1)(b) . . . if a

certificate referred to in subsection (1), signed by the Minister, is filed with the Board.

Canadian Security Intelligence Service Act, S.C. 1984, c. 21 (now R.S.C., 1985, c. C-23)

48. . . .

(2) In the course of an investigation of a complaint under this Part by the Review Committee, the complainant, deputy head

concerned and the Director shall be given an opportunity to make representations to the Review Committee, to present evidence and to

be heard personally or by counsel, but no one is entitled as of right to be present during, to have access to or to comment on

representations made to the Review Committee by any other person.

Canadian Charter of Rights and Freedoms

6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

(a) to move to and take up residence in any province; and

(b) to pursue the gaining of a livelihood in any province.

7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with

the principles of fundamental justice.

12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.

15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law

without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or

mental or physical disability.

II. Facts and Proceedings

The respondent, Joseph (Giuseppe) Chiarelli, was born in Italy in 1960. He received landed immigrant status upon his arrival in

Canada in 1975. On November 1, 1984, the respondent pleaded guilty to unlawfully uttering threats to cause injury, contrary to

s. 331(1)(a) of the Criminal Code, R.S.C. 1970, c. C-34, as amended, an offence punishable by a maximum of ten years' imprisonment.

He received a suspended sentence. On November 5, 1984, he pleaded guilty to possession of a narcotic for the purpose of trafficking,

contrary to s. 4(2) of the Narcotic Control Act, R.S.C. 1970, c. N-1, as amended, which carries a maximum sentence of life

imprisonment. He was sentenced to six months' imprisonment. In January of 1986, Immigration Officer A. Zografos signed a report

pursuant to s. 27 of the Immigration Act, 1976 ("the Act"), identifying the respondent as a permanent resident described in s. 27(1)(d)(ii),

that is, a permanent resident who has been convicted of an offence for which a term of imprisonment of five years or more may be

imposed.

As a result of this report, an inquiry was directed pursuant to s. 27(3) of the Act. The respondent was notified of this inquiry and

attended. At the conclusion of the inquiry on May 7, 1986, Adjudicator J. E. McNamara determined, relying on the Narcotic Control Act

conviction, that the respondent was a person described in s. 27(1)(d)(ii). He therefore made a deportation order against the respondent

pursuant to s. 32(2). The hearing of the respondent's appeal to the Immigration Appeal Board against the deportation order, brought

pursuant to s. 72(1) (now R.S.C., 1985, c. I-2, s. 70(1)), was adjourned after the Solicitor General and the Minister of Employment and

Immigration made a joint report to the Security Intelligence Review Committee (the "Review Committee") pursuant to s. 82.1(2) (now

s. 81(2)). The report indicated that in the opinion of the ministers, the respondent was a person described in s. 19(1)(d)(ii), that is, a

person who there are reasonable grounds to believe will engage in activity that is part of a pattern of organized criminal activity.

Upon receipt of the joint report, the Review Committee conducted the required investigation and a hearing was held on September 2

and 3, 1987. Prior to this hearing the respondent was provided with a document entitled "Statement of Circumstances giving rise to the

making of a Report by the Solicitor General of Canada and the Minister of Employment and Immigration to the Security Intelligence

Review Committee", as well as two summaries of information. The first was a document entitled "Chronology of Information and