Date: 19981104
Docket: T-2663-97
Ottawa, Ontario, the 4th day of November 1998
Present: the Honourable Mr. Justice Pinard
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
ELISE PIERRE LOUIS
Appellant
JUDGMENT
The appeal is dismissed.
YVON PINARD
JUDGE
Certified true translation
M. Iveson
Date: 19981104
Docket: T-2663-97
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
ELISE PIERRE LOUIS
Appellant
REASONS FOR JUDGMENT
PINARD J.:
[1] This is an appeal brought under subsection 14(5) of the Citizenship Act (the Act) from a decision of a Citizenship Judge dated October 17, 1997, refusing the appellant"s application for citizenship on the ground that she did not meet the residence requirements set out in paragraph 5(1)(c ) of the Act, which provides:
| 5. (1) The Minister shall grant citizenship to any person who
. . .
(c) has been lawfully admitted to Canada for permanent residence, has not ceased since such admission to be a permanent resident pursuant to section 24 of the Immigration Act, and has, within the four years immediately preceding the date of his application, accumulated at least three years of residence in Canada calculated in the following manner:
| (i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and |
| (ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence; |
(Emphasis added.)
|
5. (1) Le ministre attribue la citoyenneté à toute personne qui, à la fois :
. . .
c) a été légalement admise au Canada à titre de résident permanent, n'a pas depuis perdu ce titre en application de l'article 24 de la Loi sur l'immigration, et a, dans les quatre ans qui ont précédé la date de sa demande, résidé au Canada pendant au moins trois ans en tout, la durée de sa résidence étant calculée de la manière suivante:
| (i) un demi-jour pour chaque jour de résidence au Canada avant son admission à titre de résident permanent; |
| (ii) un jour pour chaque jour de résidence au Canada après son admission à titre de résident permanent. |
(Mon emphase.)
|
[2] The appellant, who was born in Haiti on December 8, 1965, has been a permanent resident of Canada since May 25, 1993. During the four years preceding the date of her application for citizenship, namely October 10, 1996, she was outside of Canada for a total of 368 days. The appellant states that she returned to Haiti the first time to get married and on three other occasions to put her affairs in order.
[3] The appellant was accordingly physically present in Canada for 727 days during this four year period, while she should have been present for the minimum period of 1095 days in order to meet the residence requirements set out in paragraph 5(1)(c) of the Act.
[4] There is jurisprudence which does not require physical presence of the applicant for citizenship for the entire 1,095 days, when there are special or exceptional circumstances. However, in my view, too long an absence from Canada, albeit temporary, during that minimum period of time, as in the present case, is contrary to the purpose of the residency requirements of the Act. Indeed, the Act already allows a person who has been lawfully admitted to Canada for permanent residence not to reside in Canada during one of the four years preceding the date of that person's application for citizenship (see Re Pourghasemi (1993), 62 F.T.R. 122, and Re Chen (January 21, 1998), T-2879-96).
[5] As the appellant does not meet the residence requirements set out in the Act, her appeal must accordingly be dismissed.
YVON PINARD
JUDGE
OTTAWA, ONTARIO
November 4, 1998
Certified true translation
M. Iveson
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-2663-97
STYLE OF CAUSE: Citizenship Act and Elise Pierre Louis
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 19, 1998
REASONS FOR JUDGMENT BY: the Honourable Mr. Justice Pinard
DATED: November 4, 1998
APPEARANCES:
Elise Pierre Louis the appellant, representing herself
Sébastien Dasylva for the respondent
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the respondent
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