CITIZENSHIP AND IMMIGRATION
Status in Canada
Citizens
Judicial review of Citizenship Registrar’s decision cancelling citizenship under Citizenship Regulations, 1993, s. 26(3)—Applicant born in Russia, to Russian mother who was married to Canadian citizen who was not applicant’s biological father—Identity, nationality of biological father unknown—At time of birth, husband believed he was applicant’s father but soon realized that was not the case, thereafter did not treat applicant as own son—Applicant’s mother applied, from outside Canada, for child’s citizenship, indicating husband was “Natural Father”—Certificate issued—Mother, child returned to Canada but marriage disintegrated, divorce proceedings commenced on ground of cruelty—Court’s order declared applicant not child of marriage, and not ordering child support, applicant not having been treated by mother’s ex‑husband as his own family— Mother’s ex‑husband informed Citizenship and Immigration that applicant not his offspring and office determined applicant living in Canada without status—Sent mother self‑addressed envelope for return of son’s citizenship certificate—No case law on meaning of “parent” in Act, s. 3(1)(b)—Citizenship Regulations, 1993, s. 2 defines “parent” as child’s father or mother, whether or not child born in wedlock—Court agreeing with Minister that “parent”, unless otherwise defined, means biological or natural parent— Consideration of word “parent” starting with proposition relationship between person and country must be by birth within country, or by blood relationship with citizen of that country, or by some other relationship clearly defined by laws of country—Ordinary meaning of “parent” to be taken in same way as Supreme Court of Canada has defined “child”: legitimate offspring of parent, but definition expanded by legislation to include illegitimate offspring, adopted children —Act, Regulations modify ordinary meaning of “parent” to extent of including adoptive parent, but not otherwise— Departure from certainty of blood relationship to establish who is “parent” would require clear legislation to that effect—S. 5(4) does, however, allow for granting of citizenship in “cases of special and unusual hardship”— Application denied—Citizenship Act, R.S.C., 1985, c. C‑29, ss. 2 “child”, 3(1)(b), 5(4)—Citizenship Regulations, 1993, SOR/93‑246, s. 2 “parent”, 26(3).
Valois‑D’Orleans v. Canada (Minister of Citizenship and Immigration) (T‑2174‑04, 2005 FC 1009, Hughes J., order dated 20/7/05, 8 pp.)