What is the procedure used by the Minister for Health and Social Development in determining whether an applicant is a danger to the public?
Canada (Federal), Canada
The following excerpt is from Soriano v. Canada (Minister of Citizenship and Immigration), 2000 CanLII 16477 (FC):
[14] As I recently wrote in Edouard Bakchief v. M.C.I., IMM-4923-99, generally speaking, the procedure which is now followed in cases of this nature is that an applicant is issued a notice of intention to seek the opinion of the Minister that he is a danger to the public. The applicant is then provided with certain documents which will be submitted to the Minister and given an opportunity to make submissions. Thereafter, a report containing a recommendation is prepared by reviewing officers and sent to the Minister for a decision. The essence of the complaint of applicants in this situation is that they are never provided with an opportunity to make submissions or comments with respect to the reports that are sent to the Minister, prior to the Minister actually making a decision. Accordingly, it is not unless or until an applicant seeks leave for judicial review that they are provided an opportunity to make submissions on the reports which forms the basis of the Minister's decision.
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