Bakayoko ( Re )
T-603-92
Joyal J.
6/1/93
6 pp.
Appeal from decision of Citizenship Judge which held that appellant could not receive citizenship or take citizenship oath because under probation order -- Convicted on charge of assault on April 11, 1991 -- Court imposed two-year probation period ending April 11, 1993 -- However, evidence disclosed appellant discharged on certain conditions -- Criminal Code, s. 736 provides accused discharged deemed not to have been convicted of offence -- Citizenship Act, s. 22(2) cannot be applied as appellant not convicted of offence mentioned in Act, s. 29(2) and (3) or of indictable offence under Act of Parliament -- Citizenship Court right to find citizenship could not be granted to appellant while subject to probation -- Once any sentence of imprisonment or probation served, three-year period under s. 22(2) still calculated from date of conviction -- Appeal allowed in part -- Citizenship Act, R.S.C., 1985, c. C-29, ss. 22, 29.