CITIZENSHIP AND IMMIGRATION
Status in Canada
Citizens
Judicial review of Citizenship Officer’s dismissal of application for proof of citizenship—Applicant, natural son of Canadian soldier and British mother, born out of wedlock in England in 1944—Landing in Canada with mother in 1946, but returning to England six weeks before coming into force of The Canadian Citizenship Act (referred to as 1947 Citizenship Act), S.C., 1946, c. 15—Application for proof of citizenship dismissed in 2005 on ground applicant never acquired citizenship status because child born out of wedlock prior to coming into force of 1947 Citizenship Act could only derive citizenship from mother—Evolution of immigration, nationality, citizenship law reviewed—1947 Citizenship Act interpreted—Order in Council P.C. 858 tantamount to grant of Canadian citizenship to war brides, children who landed in Canada prior to May 15, 1947, where husband, father born in Canada and became Canadian citizen upon coming into force of 1947 Citizenship Act—As such, on January 1, 1947, applicant Canadian citizen, and Citizenship Officer’s failure to consider, apply that Order in Council error of law vitiating decision—Argument applicant lost citizenship status because did not apply for retention of citizenship before turned 24 rejected—Automatic application of loss of citizenship provisions depriving applicant of Canadian nationality, citizenship previously granted contrary to due process, infringing Canadian Bill of Rights, R.S.C., 1985, appendix III, ss. 1(a), 2(e) and Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7—In event Order in Council P.C. 858 not having purported effects mentioned above, provision preventing children born out of wedlock from deriving Canadian citizenship because mother not Canadian violating Charter, s. 15—That violation not justified under section 1—Application allowed, Minister directed to issue certificate of Canadian citizenship to applicant.
Taylor v. Canada (Minister of Citizenship and Immigration) (T-1024-05, 2006 FC 1053, Martineau J., order dated 1/9/06, 133 pp.)