[2013] 3 F.C.R. D-12
Citizenship and Immigration
Status in Canada
Citizens
Passports—Judicial review of decision of Director, Investigations Division, Security Bureau of Passport Canada determining that passport issued to applicants’ son would be revoked, that passport services, save exceptional circumstances, would be refused to applicants for five-year period—Applicants, family comprising husband, wife, 11-year old son—Parent applicants (applicants), in possession of valid Canadian passports, applying for passport for son on urgent basis—Passport issued for son—Thereafter, person pretending to be applicants’ son entering Canada using son’s passport; stating that passport handed over to other individual at Canadian airport—Applicants not reporting passport as being lost or stolen; only claiming that passport left in vehicle where it may have been lost, stolen, or taken—No evidence son ever using passport or why applicants requesting passport on urgent basis—When applicants later applying to have own passports renewed, requested by Passport Canada to address certain concerns regarding possible misuse of son’s passport—Applicants’ solicitor responding with letter but not providing any new information—Whether Passport Canada having power to revoke child’s passport in circumstances herein; whether having power to refuse passport services to parents for limited period of time; whether decision reasonable; whether wrong in not holding hearing—Under Canadian Passport Order, SI/81-86, ss. 10(2)(c), 10.2, Passport Canada may revoke passport of person permitting another person to use passport; having authority to revoke child’s passport—Under s. 10.2, Passport Canada having power to impose period of refusal of “passport services”—Properly interpreted, Order providing that “passport services” constituting those provided to applicant parent or parents in case of child under 16—If parents abusing passport system in misuse of child’s passport, Order correctly interpreted as providing that Passport Canada having power to withhold passport services to parents—Passport remaining property of Crown—While 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. 12 affording right to enter, leave Canada, misuse of passport not to be tolerated—Therefore, Order, s. 10.2 correctly interpreted as giving Passport Canada power to refuse passport services for period of time to person having applied for child’s passport, misusing passport issued thereto—Decision at issue reasonable given that parents applying for child’s passport on urgent basis, not providing good explanation as to urgency—No requirement in Order, other relevant legislation or regulation that hearing be held; applicants not requesting hearing—Application dismissed.
Sathasivam v. Canada (Attorney General) (T-1369-12, 2013 FC 419, Hughes J., judgment dated April 23, 2013, 13 pp.)