What are the elements of a foreign discharge or pardon?

The Canada v. Saini, supra, decision goes on to state that three elements must be established before a foreign discharge or pardon may be recognized: (1) the foreign legal system as a whole must be similar to that of Canada; (2) the aim, content and effect of the specific foreign law must be similar to Canadian law; and (3) there must not be a valid reason not to recognize the effect of the foreign law. (See Canada v. Saini, supra, at paragraph 24.)

In applying the tripartite test, I do not find that the immigration officer erred in determining in concluding that the offence had been committed. As I stated earlier, the inadmissibility of the applicant's spouse did not rest on a conviction, but on the premise that the act in question was actually committed, although pardoned. Were I to accept that the first part of the test had been met, that our legal system was similar and not simply "somewhat similar" as was differentiated in the Canada v. Saini, supra, decision, I would nonetheless find that the second and third parts of the test were not met.