Colley West Shipping Company Ltd. v. Minister of Citizenship and Immigration

In Immigration and Shipping on (Updated )

This was an application for judicial review of a decision ordering the Applicant to pay the costs of deporting a stowaway who had entered Canada illegally. The Applicant provided services to tramp ships on a fee for services basis and had been the agent for the ship that brought the stowaway to Canada. The issue was whether the Applicant was an “agent” of the shipowner within the meaning of s.148 of the Immigration Act and therefore liable for the costs of deportation. The Court noted that there are different types of agency relationships and agents and held that the term “agent” in the Act should not be broadly interpreted to include agents such as the Applicant with limited mandates. In result, the application was allowed and the demand for payment was quashed.