T-2462-95
BETWEEN: MINISTER OF CITIZENSHIP
AND IMMIGRATION,
Applicant,
AND:
ANGEL NOËL VALENZUELA,
Respondent.
REASONS FOR JUDGMENT
NADON J.
This is a reference under section 18 of the Citizenship Act concerning the respondent's acquisition of Canadian citizenship. Specifically, the issue in this reference is whether the respondent acquired Canadian citizenship by false representation or fraud or by concealing material circumstances.
The relevant statutory provisions are sections 10 and 18 of the Citizenship Act, which provide as follows:
| 10.(1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing material circumstances, |
| ( a) the person ceases to be a citizen, or |
| ( b) the renunciation of citizenship by the person shall be deemed to have had no effect, |
| as of such date as may be fixed by order of the Governor in Council with respect thereto. |
| Presumption |
| (2) A person shall be deemed to have obtained citizenship by false representation or fraud or by knowingly concealing material circumstances if the person was lawfully admitted to Canada for permanent residence by false representation or fraud or by knowingly concealing material circumstances and, because of that admission, the person subsequently obtained citizenship. |
| 18.(1) The Minister shall not make a report under section 10 unless the Minister has given notice of his intention to do so to the person in respect of whom the report is to be made and |
| ( a) that person does not, within thirty days after the day on which the notice is sent, request that the Minister refer the case to the Court; or |
| ( b) that person does so request and the Court decides that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances. |
Nature of notice
| (2) The notice referred to in subsection (1) shall state that the person in respect of whom the report is to be made may, within thirty days after the day on which the notice is sent to him, request that the Minister refer the case to the Court, and such notice is sufficient if it is sent by registered mail to the person at his latest known address. |
Decision final
| (3) A decision of the Court made under subsection (1) is final and, notwithstanding any other Act of Parliament, no appeal lies therefrom. |
The relevant facts are as follows.
The respondent, who was born on December 15, 1970, is originally from El Salvador. He entered Canada on August 26, 1983, and was granted permanent residence on January 27, 1987. On September 13, 1989, the respondent applied for Canadian citizenship.
On November 28, 1989, an information was laid against the respondent charging that on or about October 12, 1989, he had in his possession a motor vehicle knowing that the motor vehicle had been obtained by the commission in Canada of an offence punishable by indictment, thereby committing an indictable offence contrary to paragraphs 354(1)(a) and 355(a) of the Criminal Code.
On February 6, 1990, an information was laid against the respondent charging that he had used an STCUM identity card knowing that it was forged, thereby committing an indictable offence contrary to paragraph 368(1)(a) of the Criminal Code.
On March 19, 1990, the respondent appeared before a citizenship judge. At the hearing, the respondent stated that he had not been charged with any indictable offence under any Act of the Parliament of Canada. At the end of the hearing, the citizenship judge approved the respondent's application for citizenship.
On June 12, 1990, the respondent pleaded guilty to the charge laid against him on November 28, 1989, to wit:
[translation]
| On or about October 12, 1989, did have in his possession a Chevrolet vehicle and its contents, having a value of $23,000.00, property of Sylvie Vachon, knowing that the said things had been obtained by the commission in Canada of an offence punishable by indictment, thereby committing an indictable offence contrary to paragraphs 354(1)(a) and 355(a) of the Criminal Code. |
On August 20, 1990, the respondent pleaded guilty to the charge laid against him on February 6, 1990, to wit:
[translation]
| On or about September 26, 1989, at Montréal, district of Montréal, knowing that a document was forged, to wit: an STCUM identity card, did use, deal with or act on it as if the document was genuine, thereby committing an indictable offence contrary to paragraph 368(1)(a) of the Criminal Code. |
On July 28, 1992, the respondent was charged with making a false representation at the time of the consideration of his application for citizenship. More specifically, the respondent was charged with failing to declare that he had been charged with the commission of indictable offences between the date of his application for citizenship and the date of his hearing. The charge reads as follows:
[translation]
| On or about March 19, 1990, did make a false representation at the time of the consideration of his application for citizenship by a citizenship judge by stating that no criminal charges had been laid against him between the date of his application for citizenship and the hearing date, whereas on September 28, 1989, he had been charged with possession of property obtained by the commission of an offence with a value over $1,000, contrary to section 354 and subsection 355(2) of the Criminal Code of Canada, thereby committing an offence contrary to paragraph 29(2)(a) of the Citizenship Act, R.S.C. 1985, c. C-29. |
On September 18, 1992, the respondent pleaded guilty to the charge under paragraph 29(2)(a) of the Citizenship Act, and accordingly was sentenced to pay a fine of $300 or serve fifteen days' imprisonment.
In view of the respondent's conviction on September 18, 1992, the Minister of Citizenship and Immigration served a notice on him, in accordance with section 18 of the Citizenship Act, informing him of his intention to make a report to the Governor in Council stating that he had acquired his citizenship by false representation, with the intention of causing him to lose his citizenship.
On June 20, 1995, counsel for the respondent notified the Minister that he was requesting that the case be referred to the Federal Court, in accordance with paragraph 18(1)(a) of the Citizenship Act. On November 22, 1995, the Minister referred the matter to this Court pursuant to paragraph 920(a) of the Federal Court Rules.
Having regard to the evidence before me, I can only conclude that the respondent obtained his Canadian citizenship by "false representation or fraud or by knowingly concealing material circumstances". Indeed, the respondent admitted his guilt on the charge laid against him under paragraph 29(2)(a) of the Citizenship Act, which reads as follows:
| 29.(2) A person who |
| ( a) for any of the purposes of this Act makes any false representation, commits fraud or knowingly conceals any material circumstances, |
...
| is guilty of an offence and liable on summary conviction to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding one year or to both. |
The respondent, who was present at the hearing, made no attempt to rebut the evidence tendered by the Minister. After hearing submissions by Ms. Guay, for the Minister, I asked the respondent whether he wished to make any submissions. The respondent replied that he had nothing to say.
At the end of the hearing, I informed the parties that the Minister's application would be allowed and that a declaration under paragraph 18(1)(b) of the Citizenship Act would issue declaring that the respondent had obtained his Canadian citizenship by false representation and fraud and by knowingly concealing material circumstances.
Marc Nadon
Judge
Montréal, Quebec
June 5, 1997
Certified true translation
C. Delon, LL.L.
Federal Court of Canada
Court file No. T-2462-95
between
| MINISTER OF CITIZENSHIP AND |
IMMIGRATION,
Applicant,
" and "
ANGEL NOËL VALENZUELA,
Respondent.
REASONS FOR JUDGMENT
| FEDERAL COURT OF CANADA |
| NAMES OF COUNSEL AND SOLICITORS OF RECORD |
| COURT FILE NO: T-2462-97 |
| STYLE OF CAUSE: MINISTER OF CITIZENSHIP AND |
| IMMIGRATION, |
| Applicant, |
| AND; |
| ANGEL NOËL VALENZUELA, |
| Respondent. |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: June 4, 1997 |
| REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE NADON |
| DATED OF REASONS FOR ORDER: June 5, 1997 |
| APPEARANCES: |
| Pascale-Catherine Guay for the applicant |
| Angel Noël Valenzuela for himself |
| SOLICITORS OF RECORD: |
| George Thomson |
| Deputy Attorney General |
| of Canada for the applicant |
| Angel Noël Valenzuela |
| Montréal, Quebec for himself |