T-173-97
Between:
IN THE MATTER OF the Citizenship Act,
R.S.C., 1985, c. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
JIN-JER CHEN,
Appellant.
REASONS FOR JUDGMENT
(Delivered from the Bench, at Toronto, Ontario
on Tuesday, the 2nd day of September, 1997, as edited)
ROTHSTEIN, J.:
The issue in this case is one of residency under the Citizenship Act. The evidence is that the appellant was absent during the period prior to his application for citizenship a total of 949 days. In the evidence the reasons given are work, business and mother's illness.
With respect to the mother's illness, the appellant testified that his mother had a stroke in 1986 and has had a series of recurring attacks since then. However, it appears that from August 1989 to August 1990 he was able to leave Taiwan and reside in Canada as a visiting scholar at the University of Toronto. His entire family accompanied him. After the date of the Citizenship Court hearing in December 1996, it appears that he remained in Canada for some 7 of the last 9 months. I therefore have difficulty with the explanation that his absences from Canada were for the purpose of looking after his sick mother.
With respect to the pattern of his absences throughout the relevant period, the appellant appears to have been in Canada for periods of approximately 2 weeks, with one exception when he was here for a period of about 10 weeks. However, over 80% of the time he was out of Canada. It appears that he worked as a commission agent for a Taiwanese company called King Kong that is in the business of selling drills. He indicates that he continues to work for King Kong, although now the arrangement is between a company that he incorporated in Canada called Day Break International Trading Company Inc. and not a direct personal relationship. Irrespective of the Canadian corporation, his ongoing commission arrangement is with a Taiwanese company and this has not changed throughout the entire relevant period.
The appellant did testify that he had some sort of loose arrangements with some Canadian companies that produce ultrasound and other diagnostic agents, that some of their equipment has been sent to Taiwan, and that he has acted as an unpaid technical advisor to a hospital in Taiwan where this equipment is being tested. If this is the case and the appellant is able to expand that interest and become a sales agent for Canadian companies spend more time in Canada, and demonstrate that indeed his business arrangements are Canadian, that could justify Canadian citizenship. However, I cannot see that a continuing ongoing business arrangement with the Taiwanese company, that appears to be the real reason for his lengthy and numerous absences from Canada during the relevant period can coexist with maintaining a residence in Canada for purposes of the Citizenship Act.
Counsel for the appellant stressed the fact that he did have associations with Canada in terms of his relationship with the University of Toronto, the fact that his wife and children are here, and that his children are being educated in Canada. I have no doubt that if this is the case, this would justify citizenship for his wife and children. However, it is not valid for the appellant to bootstrap his own citizenship application on the presence and activities of his wife and children in Canada when indeed his pattern of behaviour has not been theirs.
For all of these reasons, the appeal is dismissed. I would add that the appellant, to my knowledge, has no other impediments to his application of citizenship. He appears to be a fine individual, and one that may well provide value to Canada in terms of the level of his education and his entrepreneurial spirit. It may be that in the future, another application for citizenship will meet with success.
"Marshall E. Rothstein"
Judge
Toronto, Ontario
September 3, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: T-173-97
| STYLE OF CAUSE: IN THE MATTER OF the Citizenship Act, |
| R.S.C., 1985, c. C-29 |
| AND IN THE MATTER OF an appeal from the decision of a Citizenship Judge |
| AND IN THE MATTER OF |
| JIN-JER CHEN, |
Appellant.
DATE OF HEARING: SEPTEMBER 2, 1997
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
BY: ROTHSTEIN, J.
DATED: SEPTEMBER 3, 1997
APPEARANCES:
Mr. Stephen Green
For the Appellant
Mr. Peter A.K. Large
Amicus Curiae
SOLICITORS OF RECORD:
Green & Spiegel
Barristers and Solicitors
Standard Life Centre
Suite 2200, 121 King Street West
Toronto, Ontario
M5H 3T9
For the Appellant
Peter K. Large
Barrister and Solicitor
Suite 610
372 Bay Street
Toronto, Ontario
M5H 2W9
Amicus Curiae
FEDERAL COURT OF CANADA
Court No.: T-173-97
Between:
| IN THE MATTER OF the Citizenship Act, |
| R.S.C., 1985, c. C-29 |
| AND IN THE MATTER OF an appeal from the decision of a Citizenship Judge |
AND IN THE MATTER OF
JIN-JER CHEN,
Appellant.
REASONS FOR JUDGMENT