Yen ( Re )
T-2066-96
Dubé J.
10/10/97
4 pp.
Appeal from denial of citizenship for failure to meet residency requirement of Citizenship Act, s. 5(1)(c)-Applicant arriving in Canada as permanent resident in 1990, accompanied by wife, two sons-Prior thereto purchasing home, furnishings, paying taxes, insurance, opening bank account-Transferred all settlers effects from Taiwan to Toronto, obtaining social insurance number, coverage under Ontario Health Insurance Plan, enrolling sons in school-Absences from Canada necessary to conduct import/export business in metal industry in Canada-Appeal allowed-Full-time physical presence in Canada not essential residential requirement: Papadogiorgakis (In re) and in re Citizenship Act, [1978] 2 F.C. 208 (T.D.)-Parliament not amending Act so as to circumscribe impact of 18-year-old decision-Liberal interpretation of Act truly reflecting generous family values of our citizens-Person with established home of own in Canada not ceasing to be resident here when leaving for temporary purposes, whether on business, vacation, or to pursue course of study-Place of residence not where person works, but where returns to after work-Where applicant for citizenship clearly, definitively establishing home in Canada with transparent intention of maintaining permanent roots in Canada, should not be deprived of citizenship merely because earning livelihood by doing business offshore-Some Canadian residents may work from own home, others return home after work every day, others every week, others after longer periods abroad-Most eloquent indicia of residency establishment of person, family in country, coupled with manifest intention of making establishment permanent home-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).