Gill v. Canada ( Minister of Citizenship and Immigration )
A-859-96
Marceau J.A.
14/7/98
11 pp.
Appeal from trial judgment ([1997] 1 F.C. D-3) wherein following question certified: does Hugessen J.A's statement in Singh v. Canada (Minister of Employment and Immigration, [1990] 3 F.C. 37 (C.A.) that enquiry into whether adoption in accordance with laws of India should be directed more to historical fact than to present status, permit review of nature, quality of relationship between adoptee and sponsor at point in time significantly after adoption ceremony?-Applicant deciding to adopt grandson of deceased brother-"Giving and taking ceremony" performed in India in accordance with Hindu Adoptions and Maintenance Act, 1956 in 1991-"Adopted son's" application for landing in Canada rejected in 1994-Immigration and Refugee Board holding requisite intent under Hindu Adoptions and Maintenance Act, 1956, s. 11(vi) to transfer child from birth family to adoptive family, lacking-Relied on interviews conducted well after performance of adoption ceremony-Interviews considered nature of communications between appellant, adoptive son, knowledge each having of other's problems, son's continuing relationship with natural mother-Trial Judge holding such considerations appropriate in determining intent-Interpreting Hugessen J.A.'s words as requiring examination of whether valid adoption in accordance with laws of India and whether adoption resulting in creation of parent-child relationships as required by definition of "adopted" in Immigration Regulations, s. 2(1)-Application dismissed-Singh leading to development of two different lines of reasoning-Hugessen J.A.'s statement, used out of context, could be taken to confirm legal action of adoption sole element to be considered; nature or quality of relationship between parent, adopted child following adoption of no concern-But statement made in course of long reasons in which insisted foreign law alone not certifying admissibility of sponsored application for landing by adopted child-Canadian definition of "adoption" requiring creation of parent-child relationship as governing factor-Starting point of two-step approach reiterated by Trial Judge herein-Statement not prohibiting reliance on material relating to facts posterior to time of adoption-Intent generally inferred from conduct before, during, or after fact-Board's use of content of interviews, inference drawn, not unreasonable-Two-step approach only acceptable approach-Proof of legality of foreign adoption and proof of creation of genuine parent-child relationship required-Immigration Regulations, 1978, SOR/78-172, s. 2(1) (as am. by SOR/93-44, s. 1) "adopted".