Date: 20030218
Docket: T-23-01
Neutral citation: 2003 FCT 195
Vancouver, British Columbia, Tuesday, the 18th day of February, 2003
Present: THE HONOURABLE MR. JUSTICE LEMIEUX
BETWEEN:
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Plaintiff
- and -
WEN BIN WU
Defendant
REASONS FOR ORDER AND ORDER
[1] This proceeding is a reference to this Court, pursuant to section 18 of the Citizenship Act, to determine whether the defendant's Canadian citizenship was obtained based on false representation or fraud by knowingly concealing the circumstance of his criminal charge at the time he completed his application for citizenship.
[2] The defendant had retained legal counsel who conducted pre-trial procedures. However, on May 6, 2002, the defendant advised the Court he intended to act in person.
[3] At the pre-trial conference held on June 26, 2002, Prothonotary Hargrave strongly urged the defendant to retain legal counsel as soon as possible to participate in the trial of this reference.
[4] The Court was advised this morning that yesterday the defendant had retained counsel, that his counsel was not available today and he was requesting an adjournment.
[5] After hearing representations from both parties, the plaintiff opposing the adjournment, I adjourned the proceeding with great reluctance to a date to be fixed by the Judicial Administrator. I am of the view the adverse consequences to the defendant being found, as a fact, to have obtained his citizenship in a manner contrary to the Citizenship Act outweighed the disruption of the trial.
[6] However, the defendant's behaviour should be sanctioned by the payment of costs of the day, in any event of the cause, to the plaintiff on a solicitor-client basis payable forthwith after such costs have been fixed by this Court. The plaintiff is to prepare a bill of costs and submit it to the Court and to defendant's counsel for comment in writing to the Court and counsel to the defendant to respond within seven days of its receipt with counsel for the plaintiff replying within a further seven days.
ORDER
THIS COURT ORDERS that this reference is adjourned to a date to be fixed by the Judicial Administrator.
Costs of the day, thrown away, payable in any event of the cause by the defendant to the plaintiff forthwith upon being fixed by the Court.
(Sgd.) "F. Lemieux"
Judge
I HEREBY CERTIFY that the above document
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is a true copy of the original filed of record
in the Registry of the Federal Court of Canada
on the _______ day of ___________ A.D. 20 ____
Dated this _______ day of ____________ 20 ____
M. Elizabeth Caverly, Registry Officer
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FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-23-01
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND
IMMIGRATION v. WEN BIN WU
PLACE OF HEARING: Vancouver, B.C.
DATE OF HEARING: February 18, 2003
REASONS FOR ORDER AND ORDER: LEMIEUX J.
DATED: February 18, 2003
APPEARANCES:
Mr. Wen Bin Wu on his own behalf
Ms. Helen Park for Defendant
SOLICITORS OF RECORD:
Morris A. Rosenberg for Defendant
Deputy Attorney General of Canada
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