Date: 20010108
Docket: T-1007-00
OTTAWA, ONTARIO, JANUARY 8, 2001
PRESENT: The Honourable Mr. Justice Blanchard
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Plaintiff
- and -
MARIO ROBERTO CASULAH AGUILAR
Defendant
REASONS FOR JUDGMENT and JUDGMENT
[1] In the case at bar the plaintiff is asking this Court to rule on the validity of the defendant's obtaining of Canadian citizenship. The Court must therefore determine whether the defendant's Canadian citizenship was obtained by fraud, false representation or knowingly concealing material circumstances, pursuant to paragraph 18(1)(b) of the Citizenship Act.
[2] The motion is filed pursuant to Rule 369 of the Federal Court Rules (1998) and seeks a judgment by default in accordance with Rule 210 of the Rules.
[3] On June 22, 2000 the plaintiff served a copy of the documents mentioned in the statement of claim on the defendant.
[4] The defendant did not serve his defence on the plaintiff within the required deadlines in accordance with Rule 204 of the Federal Court Rules (1998).
[5] On September 6, 1984, at Waco in the state of Texas, U.S.A., the defendant was convicted of attempted murder and was sentenced to a suspended sentence of ten years' imprisonment and to ten years' probation.
[6] On October 24, 1984 the defendant was admitted to Canada with valid visitor status until November 14, 1984.
[7] The defendant remained in Canada after November 14, 1984 without legal status.
[8] On February 5, 1985 the defendant filed an application for permanent residence in Canada, as provided by the Immigration Act.
[9] In that application, the defendant stated he had not been convicted of a crime or contravention.
[10] On February 6, 1987 the defendant obtained landing in Canada.
[11] Following the obtaining of landing in Canada, the defendant was convicted of several criminal offences, including the following:
(a) on December 12, 1988 the defendant was ordered to pay a fine and sentenced to two years' probation for pleading guilty to;
(i) a charge of impaired driving contrary to ss. 253(a) and 255(1) of the Criminal Code, R.S.C. 1985, c. C-46, as amended by R.S.C. 1985 (1st Supp.), c. 2 (formerly ss. 237(a) and 239(1) of the Criminal Code);
(ii) a charge of possession of narcotics contrary to paragraph 3(2)(b) of the Narcotics Act, R.S.C. 1970, c. N-1; and
(iii) a charge of assault causing bodily harm contrary to paragraph 245.1(1)(b) of the Criminal Code;
(b) on June 13, 1991 the defendant was sentenced to a six-month suspended sentence and six months' probation after pleading guilty to nine charges of breaking parole on a recognizance given to a justice, contrary to paragraph 145(3)(b) of the Criminal Code;
(c) on July 24, 1991 the defendant was sentenced to seven days' imprisonment after pleading guilty to four other offences contrary to paragraph 145(3)(b) of the Criminal Code;
(d) on March 13, 1992 the defendant was sentenced to a one-year suspended sentence and one year's probation after pleading guilty to eight other offences contrary to paragraph 145(3)(b) of the Criminal Code; and
(e) on May 6, 1992 the defendant was ordered to pay a fine after pleading guilty to a charge of possessing narcotics contrary to subsection 3(1) and paragraph (2)(b) of the Narcotics Act.
[12] On November 4, 1992 the defendant made an application for Canadian citizenship pursuant to the Citizenship Act.
[13] On July 28, 1993 the defendant's citizenship application was approved by a judge in the Department of Citizenship. As provided by the Citizenship Act, the defendant took an oath and became a Canadian citizen on September 8, 1993.
[14] The Canadian authorities were without the essential information that would have enabled them to make a decision with full knowledge of the facts on the defendant's admissibility to Canada because of the latter's false representations and knowingly concealing material circumstances.
[15] The defendant would not have obtained landing under the Immigration Act but for his false representations and knowingly concealing material circumstances.
[16] In his application for Canadian citizenship the defendant concealed material circumstances from the authorities responsible for granting citizenship. In particular, in the form he filed in support of his application for Canadian citizenship the defendant concealed the existence of the offences for which he had been convicted and falsely stated:
(1) that he was not subject to a probation order and had not been subject to one during the four years preceding his application; and
(b) that he had not been convicted of an offence for which he had received a pardon.
[17] The Canadian authorities responsible for granting citizenship were without the necessary information that would have allowed them to rule on the defendant's citizenship application with full knowledge of the facts because of the latter's false representations and knowingly concealing material circumstances.
[18] I consider that the defendant acquired Canadian citizenship by fraud or by false representation or knowingly concealing material circumstances.
JUDGMENT
The application at bar is allowed.
Having the matter before me pursuant to paragraph 18(1)(b) of the Immigration Act, I find that the defendant obtained Canadian citizenship by fraud, false representation or knowingly concealing material circumstances.
The whole with costs.
|
"Edmond P. Blanchard" Judge |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: T-1007-00
STYLE OF CAUSE: MCI v. MARIO ROBERTO CASULAH AGUILAR
WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE BY PARTIES
REASONS FOR JUDGMENT AND JUDGMENT BY BLANCHARD J.
DATED: JANUARY 8, 2001
WRITTEN SUBMISSIONS BY:
SÉBASTIEN DASYLVA FOR THE PLAINTIFF
SOLICITORS OF RECORD:
MORRIS ROSENBERG FOR THE PLAINTIFF
DEPUTY ATTORNEY GENERAL OF CANADA
MARIO ROBERTO CASULAH AGUILAR THE DEFENDANT FOR HIMSELF