Canada ( Minister of Citizenship and Immigration ) v. Coomar
T-1906-97
McKeown J.
17/11/98
10 pp.
Respondent convicted of manslaughter two days before daughter applied to sponsor him for landed immigrant status-Denied ever having been convicted of crime on visa, citizenship application forms-Minister seeking to revoke citizenship on ground lawfully admitted into Canada for permanent residence based on false representations and by knowingly concealing material circumstances, and that citizenship obtained on basis of that admission-As to whether application should be dismissed on ground of Minister's delay, respondent relying on Canada (Minister of Citizenship and Immigration) v. Copeland, [1998] 2 F.C. 493 (T.D.) in which McGillis J. concluding undue delay contrary to Charter, s. 7 will be found in revocation cases where: (1) delay unreasonable in circumstances of particular case; (2) evidence demonstrating claimant in fact suffering prejudice as consequence of delay-But McGillis J. not considering Luitjens v. Canada (Secretary of State) (1992), 9 C.R.R. (2d) 149 (F.C.A.), wherein Linden J.A. stating decision not finally determining any legal rights i.e. while Court making certain findings of fact, eventual decision made by Governor in Council-Holding s. 7 not rendering Citizenship Act, s. 18(3) of no force, effect-At time of Court's decision, s. 7 not engaged as not yet any deprivation of Luitjens' "life, liberty and security of the person"-Noël J. following Luitjens in Canada (Minister of Citizenship and Immigration) v. Dueck, [1998] 2 F.C. 614 (T.D.); pointing out Canada (Minister of Citizenship and Immigration) v. Tobiass, [1997] 3 S.C.R. 391 confirming conclusion reached by Linden J.A. with respect to s. 7-For same reason, Canada (Secretary of State) v. Charran (1998), 21 F.T.R. 117 (F.C.T.D.); Canada v. Sadiq, [1991] 1 F.C. 757 (T.D.) not supportive of application of s. 7 to revocation cases-Even if s. 7 applied, no evidence of prejudice herein-Court satisfied respondent obtained landed immigrant status by false representation or by knowingly concealing material circumstances-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7-Citizenship Act, R.S.C., 1985, c. C-29, s. 18.