[2016] 2 F.C.R. D-2
Citizenship and Immigration
Status in Canada
Citizens
Motion for default judgment in respect of referral initiated by plaintiff pursuant to former Citizenship Act, R.S.C., 1985, c. C-29, s. 18(1)(b) seeking declaration defendant obtained Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances — Citizenship revocation process under Act, ss. 10(1), 18(1) shortened — Amendments to Act creating two distinct procedures — Serious cases now governed by Act, s. 10.1, requiring plaintiff to obtain declaration from Federal Court to effect revocation of citizenship — Defendant, Rwandan citizen from Hutu ethnic group, receiving plaintiff’s notice of intention to recommend that Governor in Council revoke citizenship, in accordance with former Act, ss. 10, 18, — Defendant requesting that case be referred to Federal Court (F.C.) — Plaintiff alleging false representations made in regard to defendant’s identity, origins, membership in Rwandan armed forces, participation in genocide — Defendant not present at hearing although statement of claim served on defendant’s solicitor — Motion later filed by plaintiff for default judgment — Copy of motion served at home of defendant, on wife — Motion heard, judgment reserved by F.C. — Plaintiff taking position new provisions of Citizenship Act, s. 10.1 applying in present case — Whether defendant properly served; whether new provisions of s. 10.1 applying — Act, s. 10.1, recently in force, applying herein in accordance with Strengthening Canadian Citizenship Act, S.C. 2014, c. 22, s. 40(2) — Defendant aware of procedure to revoke citizenship — Defendant had “already participated in the proceeding” within meaning of Federal Courts Rules, SOR/98-106, r. 127(2), plaintiff therefore not required to serve statement of claim in person — Fair to render judgment against defendant — Evidence establishing that information provided by defendant regarding name, marital status, education, prior employment, places of residence false — Declaration sought by plaintiff issued, effecting revocation of defendant’s citizenship pursuant to Act, s. 10.1(3)(a) — Motion allowed.
Canada (Citizenship and Immigration) v. Rubuga (T-1839-14, 2015 FC 1073, Gleason J., judgment dated September 14, 2015, 59 pp.)