Can a statement made by an Immigration Officer to a refugee claimant be used as evidence at a subsequent refugee inquiry?

Ontario, Canada


The following excerpt is from R. v. Jones, 2006 CanLII 28086 (ON CA):

Similarly, in Dehghani v. Canada (Minister of Employment and Immigration), 1993 CanLII 128 (SCC), [1993] 1 S.C.R. 1053, [1993] S.C.J. No. 38, the court held that statutorily compelled statements made by an individual in response to questions from an Immigration Officer could be used against that person in a subsequent inquiry to determine whether the individual's refugee claim warranted a full hearing before the relevant tribunal. In rejecting the appellant's claim that he had a right to counsel under either s. 10(b) or s. 7 of the Charter when questioned by immigration authorities, Iacobucci J. said at p. 1072 S.C.R.: Individuals expect to undergo questioning with respect to their entry into Canada whether that be in the immigration or customs context. These interests and expectations dictate that examination of a person for purposes of entry must be analyzed differently from the questioning of a person within Canada.

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