Is applying clause 19(1)(f)(iii)(B) to a person who retired from a terrorist organization in 1992 or, indeed, at any time before February 1, 1993, constitutes a retrospective application?
Canada (Federal), Canada
The following excerpt is from Yamani v. Canada (Minister of Citizenship and Immigration), 2003 FCA 482 (CanLII):
In any event, I do not think applying clause 19(1)(f)(iii)(B) to a person who retired from a terrorist organization in 1992 or, indeed, at any time before February 1, 1993, constitutes a retrospective application of the provision. Having been a member of a terrorist group is a continuing status. Put another way, finding that an individual is ineligible to remain in Canada on the basis that he was formerly a member of a terrorist organization is the imposition of a present consequence based on past behaviour in order to protect public safety. That is not retrospective application of legislation (Brosseau v. Alberta Securities Commission, 1989 CanLII 121 (SCC), [1989] 1 S.C.R. 301 at 319-20). RES JUDICATA
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