Erica Olmstead and Connie Campbell appeared before the Federal Court of Appeal on behalf of the Canadian Association of Refugee Lawyers (“CARL”) in Minister of Public Safety and Emergency Preparedness v. Wahab.
The appeal raises important questions about the interpretation of Canada’s s. 35(1)(b) inadmissibility provision and the extent to which decision-makers must consider Canada’s international refugee protection obligations when determining whether an individual may be found inadmissible based on their employment within a government alleged to have engaged in war crimes or systematic human rights abuses.
On behalf of CARL, Ms. Olmstead and Ms. Campbell argued that the term “senior official” must be interpreted restrictively, in accordance with established principles of statutory interpretation and Canada’s obligations under international refugee law.
CARL submitted that individuals should not be found inadmissible where they had little influence on the exercise of government power. CARL further submitted that decision-makers must carefully assess whether an individual truly occupied a sufficiently senior position before imposing the severe consequences that may flow from a finding of inadmissibility. An overly broad interpretation risks exposing individuals to refoulement in a manner that is contrary to Canada’s obligations under the Refugee Convention.
The lower Federal Court decision can be found here: Wahab v. Canada (Citizenship and Immigration).