Canada ( Minister of Citizenship and Immigration ) v. Oberlander
A-561-96
Canada ( Minister of Citizenship and Immigration ) v. Dueck
A-560-96
Pratte, Marceau and Stone JJ.A.
12/12/96
14 pp.
Applications to quash appeals on grounds Court lacking jurisdiction to hear them, reasonable apprehension of bias of present panel-Subject of appeals Trial Division order directing stay of proceedings on ground abuse of process to let proceedings under Citizenship Act, s. 18 continue because gross impropriety when Chief Justice intervening with Associate Chief Justice following approach by Assistant Deputy Attorney General, reasonable apprehension of lack of independence of judges of Trial Division-Minister notifying respondents of intention to make reports under Citizenship Act, s. 10 (obtaining citizenship by false representations or fraud by knowingly concealing material circumstances)-Respondents requesting referral of cases to Trial Division pursuant to s. 18-References pending for more than one year when order appealed from made-S. 18(3) providing no appeal from Court's decision under s. 18(1)-Application dismissed-Per Pratte J.A.: literal interpretation of s. 18(3) leading to absurd result giving right of appeal only to Minister i.e. prohibiting appeal only from decision person obtaining citizenship by fraud, not from decision not so obtaining citizenship-S. 18(3) applies to final decision of Court on reference regardless of outcome-Prohibition in s. 18(3) also applies to myriad of Trial Division decisions in course of reference, including grant or refusal of stay of reference proceedings-Assuming reasonable apprehension of bias, question whether interests of justice better served by denying appellant right of appeal to which entitled or by hearing appeal, rendering judgment subject to scrutiny of Supreme Court of Canada-Appeal should proceed-Per Marceau J.A.: no merit in either ground for motion-Only Court's decision as to whether or not person obtaining, retaining, renouncing or resuming citizenship by false representation or fraud or by knowingly concealing material circumstances deemed final, appeal therefrom barred-Bar extending to all interlocutory rulings, decisions-Stay of proceedings not decision contemplated in s. 18(1), but judgment under Federal Court Act, s. 27(1)-Not insulated from appeal by s. 18(3)-No serious apprehension of bias-Need to examine conduct of Chief Justice not causing all members of Court, specifically three senior members now forming panel, sitting in appeal of Trial Division decision to be unable to remain objective or to be tempted to breach oath of office by not judging according to conscience-Court's reputation not so impeached in public perception as to create conflict of interest for all appeal judges-Judges not influenced by fear of reprisal or by some improper communication with Chief Justice-Per Stone J.A.: "[a] decision" in s. 18(3) referring to any one of number of decisions that may be made pursuant to s. 18(1)(b)-Federal Court Act, s. 27(1) not applicable to decision under s. 18(1) as not "final" or "interlocutory" judgment-Furthermore, s. 18(3) expressly excluding normal application of s. 27(1) by words "notwithstanding any other Act of Parliament"-Assuming reasonable apprehension of bias, not disqualifying panel members in circumstances-Exclusive jurisdiction bestowed by s. 27(1) having been invoked, Court cannot shirk duty placed upon it by declining to hear appeals-Fundamental rule in administration of justice judge interested in result of litigation cannot sit, subject to operation of common law doctrine of necessity-As respondents alleging all members of Court affected by alleged bias and disqualified from sitting, not possible to constitute another panel-As appeals yet to be heard, Attorney General not able to refer them to Supreme Court of Canada, appellant not able with leave, if appeals quashed, to appeal, argue issues raised on appeals before Supreme Court of Canada-Interests of justice better served by Court hearing appeals-Otherwise denying appellant rights given by statute-Citizenship Act, R.S.C., 1985, c. C-29, ss. 10, 18-Federal Court Act, R.S.C., 1985, c. F-7, s. 27(1).