Digests

Canada (Minister of Citizenship and Immigration) v. Seifert

T-2016-01

2004 FC 1010, O'Reilly J.

20/7/04

9 pp.

Plaintiff seeking to revoke defendant's citizenship on ground gained entry to Canada by making false statements-- Seeking order that evidence may be taken by Commission in Italy and that certain elements of defendant's statement of defence and counterclaim be severed from this proceeding-- Defendant seeking order Minister of Citizenship and Immigration (Minister) to pay his legal fees, both in respect of commission evidence and for remainder of trial-- (1) Plaintiff wishes to examine 12 elderly witnesses in Italy who are unwilling to travel to Canada to testify--Request reasonable in all circumstances and in interests of due administration of justice--(2) Defendant basing request for funding on ground rights under Canadian Charter of Rights and Freedoms engaged by these proceedings, and as such, entitled to legal representation--Charter not providing defendant right to fully-funded defence--Here, defendant entitled to seek legal aid but turned down because of income, assets--No evidence defendant cannot afford representation --However, taking commission evidence outside country extraordinary procedure, justifying partial relief--As commission evidence particularly significant part of proceedings, necessary defendant be represented by properly prepared counsel--Plaintiff ordered to pay reasonable counsel fees, disbursements for 10-day duration of Commission and reasonable travel time to and from Italy--(3) Allegations process tainted by virtue of certain public statements made by Minister, such statements giving rise to reasonable apprehension of bias and support argument these proceedings constitute abuse of process, properly part of this action as relate to propriety of action--Motion allowed-- 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].