[2016] 3 F.C.R. D-3
Citizenship and Immigration
Status in Canada
Citizens
Applications seeking declarations that: procedural provisions relating to citizenship revocation under Strengthening Canadian Citizenship Act, S.C. 2014, c. 22 (amended Act) void because offending Canadian Charter of Rights and Freedoms (Charter), s. 7; revocation notice void because violating Canadian Bill of Rights, S.C. 1960, c. 44, s. 2(e), transitional provisions of amended Act — Also seeking order quashing notices of revocation — Respondent Minister moving to strike applications — Applicants obtaining citizenship based on number of days in Canada — Respondent issuing notices of revocation (initial revocation notices) pursuant to Citizenship Act, R.S.C., 1985, c. C-29 (former Act), s. 18(1) on basis of failure to disclose all absences — Issuing notices of revocation (second revocation notices) under amended Act following coming into force of amended Act — Respondent failing to establish applications bereft of any possibility of success — Cannot be said to be beyond doubt initial revocation notices provided by respondent extinguished by operation of law — Respondent relying on Strengthening Canadian Citizenship Act, s. 40(4) as basis for submission that initial revocation notices extinguished — Applicants submitting s. 40(4) not applicable as s. 40(1) providing that proceedings pending before Federal Court prior to coming into force of amended Act to be dealt with under former Act — Clear from case law, Federal Courts Rules, r. 62 that proceeding commenced by issuance of originating document — No such document here — However, amended Act, s. 40(1) speaks to proceeding pending before Federal Court, not to proceeding before Federal Court — Not plain, obvious applicants’ assertion there is pending proceeding herein involving them within meaning of s. 40(1) bereft of any chance of success — Respondent’s motion to strike pleadings in applications where respondent issued initial revocation notice under former Act, request made to refer matter to Federal Court, cannot succeed — As to application wherein no initial revocation notice issued, mere fact that more formal process changed not in itself supporting claims of breaches of Charter, Canadian Bill of Rights — However, allegations regarding alleged deficiencies in procedure provided to persons facing revocation of Canadian citizenship under amended Act not frivolous or vexatious, not bereft of any possibility of success — As to motions to stay revocation proceedings, subjecting applicants to process under amended Act prior to determination of validity of notices may be invalid, unconstitutional — Respondent’s motion to strike dismissed; applicants’ motion for order enjoining respondent from taking any steps or proceedings under notice to revoke until such time as judicial review finally determined granted.
Monla v. Canada (Citizenship and Immigration) (T-1570-15, 2016 FC 44, Zinn J., order dated January 19, 2016, 40 pp.)