T-1125-95
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
Mirna
E. Garcia,
Appellant
REASONS
FOR JUDGMENT
The appellant
appeals the decision of a Citizenship judge rendered on March 21, 1995,
refusing her application for Canadian citizenship on the basis she did not have
an adequate knowledge of Canada and the responsibilities and privileges of
citizenship as required by paragraph 5(1)(e) of the Citizenship Act.
The Citizenship Judge also declined to make a recommendation under subsection
15(1) of the Act requesting that the Minister exercise her discretion
under subsection 5(3) or 5(4) to grant citizenship on compassionate grounds or
for reasons of special hardship.
The appellant
was born in Tela Atlantida, Honduras on March 6, 1961. She entered Canada
on August 13, 1987, and was granted landed immigrant status on March 22, 1991.
She is single and has two children both born in Honduras. One child was
granted landed immigrant status at the same time as the appellant while the
second was granted status on March 22, 1991.
The appellant
appeared on her own behalf before the Court at Vancouver, October 9, 1997.
After being sworn in, the amicus curiae questioned this appellant on her
knowledge of Canada and I must say that both myself and the amicus curiae
were greatly impressed. This appellant made a great effort to learn and become
more knowledgeable of Canada and was not hesitant in her answers and we were
both very pleased and felt I should allow this appeal.
As an example,
when being questioned, she was able to name all ten Provinces and two
Territories; she knew that the Capital of Canada is Ottawa and the capital of
British Columbia is Victoria. She was also aware of something that most do not
seem to grasp, that there are three levels of government of Canada, the
federal, provincial as well as municipal and she even suggested that when it is
not a provincial, it is a territorial government. When questioned on voting,
she said that you have to be a Canadian citizen, be eighteen years of age,
would have to be enumerated and would then attend the poles. She knew that the
Governor General of Canada is Mr. Roméo Leblanc; she knew that Queen's
representatives in Provinces are called Lieutenant Governors; she knew the name
of the Lieutenant Governor of British Columbia.
She was also
asked about the leaders of Canada; she knew it is a Prime Minister, that his
name is Mr. Chrétien, that he belongs to the Liberal Party. She knew that in
British Columbia Mr. Clark is called a Premier and that he is head of the
N.D.P. Party.
In conclusion,
asked about the rights that you obtain by becoming a Canadian citizen, she stated
that you have a right to vote, you live in a country that has the freedom of
expression and religion, you are given a passport that allows you to come and
go freely from this country and anywhere in the world. With respect to
responsibilities, she said one should obey the laws of Canada; work together as
a community and work for the best interest of the country.
I was
extremely pleased to see that this appellant had studied as well as she has.
There is no doubt in my mind that she will be an excellent citizen and this
appeal is allowed.
JUDGE
OTTAWA, Ontario
October 23, 1997
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