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IMMIGRATION LAW REPORTER Fourth Series/Quatri`Eme S´Erie Recueil De Jurisprudence En Droit De L’Immigration VOLUME 21 (Cited 21 Imm

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IMMIGRATION LAW REPORTER Fourth Series/Quatri`Eme S´Erie Recueil De Jurisprudence En Droit De L’Immigration VOLUME 21 (Cited 21 Imm IMMIGRATION LAW REPORTER Fourth Series/Quatri`eme s´erie Recueil de jurisprudence en droit de l’immigration VOLUME 21 (Cited 21 Imm. L.R. (4th)) EDITORS-IN-CHIEF/REDACTEURS´ EN CHEF Cecil L. Rotenberg, Q.C. Mario D. Bellissimo, LL.B. Barrister & Solicitor Bellissimo Law Group Don Mills, Ontario Toronto, Ontario Certified Specialist Certified Specialist ASSOCIATE EDITOR/REDACTEUR´ ADJOINT Randolph Hahn, D.PHIL.(OXON), LL.B. Guberman, Garson Toronto, Ontario Certified Specialist CARSWELL EDITORIAL STAFF/REDACTION´ DE CARSWELL Cheryl L. McPherson, B.A.(HONS.) Director, Primary Content Operations Directrice des activit´es li´ees au contenu principal Helen Voudouris, B.B.A., LL.B. Acting Product Development Manager Nicole Ross, B.A., LL.B. Andrea Andrulis, B.A., LL.B., LL.M. Supervisor, Legal Writing (Acting) Supervisor, Legal Writing Peter Bondy, B.A.(HONS.), LL.B. Heather Stone, B.A., LL.B. Lead Legal Writer Lead Legal Writer Rachel Bernstein, B.A.(HONS.), J.D. Peggy Gibbons, B.A.(HONS.), LL.B. Legal Writer Senior Legal Writer Jim Fitch, B.A., LL.B. Stephanie Hanna, B.A., M.A., LL.B. Senior Legal Writer Senior Legal Writer Mark Koskie, B.A.(HONS.), M.A., LL.B. Amanda Stewart, B.A.(HONS.), LL.B. Legal Writer Senior Legal Writer Martin-Fran¸cois Parent, LL.B., LL.M., Heather Niziol, B.A. DEA (PARIS II) Content Editor Bilingual Legal Writer IMMIGRATION LAW REPORTER, a national series of topical law reports, Recueil de jurisprudence en droit de l’immigration, une s´erie nationale de is published twelve times per year. Subscription rate $426 per bound volume recueils de jurisprudence sp´ecialis´ee, est publi´e 12 fois par anne´e. including parts. Indexed: Carswell’s Index to Canadian Legal Literature. L’abonnement est de 426 $ par volume reli´e incluant les fascicules. Indexa- tion : Index a` la documentation juridique au Canada de Carswell. Editorial Offices are also located at the following address: 430 rue St. Pierre, Le bureau de la r´edaction est situ´e a` Montr´eal — 430, rue St. Pierre, Mon- Montr´eal, Qu´ebec, H2Y 2M5. tr´eal, Qu´ebec, H2Y 2M5. ________ ________ © 2014 Thomson Reuters Canada Limited © 2014 Thomson Reuters Canada Limit´ee NOTICE AND DISCLAIMER: All rights reserved. No part of this publica- MISE EN GARDE ET AVIS D’EXONERATION´ DE RESPON- tion may be reproduced, stored in a retrieval system, or transmitted, in any SABILITE´ : Tous droits r´eserv´es. 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Les analyses The analysis contained herein should in no way be construed as being either comprises dans les pr´esentes ne doivent etreˆ interpr´et´ees d’aucune fa¸con official or unofficial policy of any governmental body. comme etant´ des politiques officielles ou non officielles de quelque organ- isme gouvernemental que ce soit. 8 The paper used in this publication meets the minimum requirements of 8 Le papier utilis´e dans cette publication satisfait aux exigences minimales American National Standard for Information Sciences — Permanence of Pa- de l’American National Standard for Information Sciences — Permanence of per for Printed Library Materials, ANSI Z39.48-1984. Paper for Printed Library Materials, ANSI Z39.48-1984. ISSN 0835-3808 ISBN 978-0-7798-4665-8 Printed in Canada by Thomson Reuters CARSWELL, A DIVISION OF THOMSON REUTERS CANADA LIMITED One Corporate Plaza Customer Relations 2075 Kennedy Road Toronto 1-416-609-3800 Toronto, Ontario Elsewhere in Canada/U.S. 1-800-387-5164 M1T 3V4 Fax 1-416-298-5082 www.carswell.com Contact www.carswell.com/contact Canadian Arab Federation v. Canada (MCI) 175 [Indexed as: Canadian Arab Federation v. Canada (Minister of Citizenship and Immigration)] Canadian Arab Federation (CAF), Applicant and The Minister of Citizenship and Immigration, Respondent Federal Court Docket: T-447-09 2013 FC 1283, 2013 CF 1283 Russel W. Zinn J. Heard: May 28-30, 2013 Judgment: December 23, 2013 Administrative law –––– Discretion of tribunal under review — Distinction between ministerial and discretionary acts –––– Political acts — Applicant was non-governmental organization which provided services to persons of Arab ancestry, including new arrivals to Canada — In furtherance of that service mandate, for some time applicant had been party to funding agreements with respondent Minister for Citizenship and Immigration, pursuant to Language In- struction for Newcomers to Canada program, to provide language training ser- vices — Members of applicant described Canadian politicians of all stripes as “professional whores of war” for supporting Israel — In personal capacity, Vice-President of applicant attended “peace conference” in Egypt which also received delegations from Hamas, Hezbollah and Islamic Jihad, terrorist organi- zations — Applicant’s website contained links to training videos displaying paramilitary activities of Hamas and Islamic Jihad — Applicant honoured one B, who had described Canada as country of “infidels or non-believers” and was considered apologist for September 11, 2001 terror attacks in United States — Applicant sponsored essay contest on subject of “ethnic cleansing” of Palestin- ian peoples by Israel — On basis of above-noted actions, Minister declined to renew language training funding agreement, stating that applicant appeared to support terrorist organizations and its representatives were associated with ar- guably anti-Semitic statements — Applicant commenced proceeding for judicial review of decision of Minister — Application dismissed — Standard of review was reasonableness — Minister had clear political discretion to decline to asso- ciate Crown in Right of Canada with support for terrorist organizations or offen- sive and pejorative utterances — Applicant likewise could not rely upon submis- sion that applicant did not formally authorize authors of impugned statements to make statements, inter alia given presence of statements on applicant’s own website — This was particularly so given that impugned statements were au- thored by members of applicant’s executive — Record was “replete with news articles and statements of others” indicating that applicant apparently endorsed 176 IMMIGRATION LAW REPORTER 21 Imm. L.R. (4th) or supported named terrorist organizations and knowingly associated itself with members uttering arguably anti-Semitic statements — Accordingly, Minister’s decision was within range of reasonably expected outcomes in present case and application was accordingly properly dismissed.
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