Date: 20001219
Docket: T-1776-99
OTTAWA, ONTARIO, DECEMBER 19, 2000
BEFORE: J.E. DUBÉ J.
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Plaintiff
- and -
ABDALLAH EZZITOUNI
Defendant
ORDER
The Minister's appeal is allowed.
J.E. DUBÉ
Judge
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20001219
Docket: T-1776-99
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Plaintiff
- and -
ABDALLAH EZZITOUNI
Defendant
REASONS FOR ORDER
DUBÉ J.
[1] This is an appeal by the Minister pursuant to s. 14(5) of the Citizenship Act ("the Act") from a decision by a citizenship judge on August 16, 1999 granting citizenship to the defendant.
1. Facts
[2] The defendant obtained permanent resident status in Canada on July 8, 1992. From October 1, 1992 until February 1994, he pursued post-doctoral studies at the Institut Armand-Frappier in Laval. From February 25, 1994 to February 25, 1997 he lived in Bethesda, Maryland, where he did post-doctoral work at the National Institutes of Health. He returned to Canada in February 1997 and on October 15, 1998 made an application for Canadian citizenship.
[3] It thus appeared that the defendant was only physically present in Canada for 594 days (less a 14-day trip to Morocco) during the period of four years preceding his citizenship application. Despite this lengthy absence, the citizenship judge granted him citizenship as follows:
[TRANSLATION]
Despite the applicant's prolonged absences, namely three years studying in the U.S.A., post-doctoral research and 15 days in 1998, I feel that this individual has real roots in Canada, from reading the documents submitted: Member of the Ordre des chimistes du Québec since 1992, has always contributed to date. Since his arrival in Canada in 1992, worked at the Centre de recherche l'Institut Frappier, also received a salary from the Institut. Since his return in 1997, he has resided permanently in Canada.
I really believe that Ezzitouni Abdallah deserves Canadian citizenship.
2. Analysis
[4] Under the liberal approach introduced by the judgment of Thurlow C.J., Re Papadogiorgakis,[1] the three years' residence required by the Act are not strictly limited to physical presence in Canada throughout the period in question. They can also include the case of persons who have established a residence in Canada which they use as a pied-à-terre while they are pursuing studies in another country.
[5] Unfortunately for the defendant, there is no evidence in the record that he maintained a pied-à-terre in Canada while he was studying in the U.S. He certainly showed that he had centralized his ordinary mode of living in Canada during the years in question, in the sense that he was a member of the Ordre des chimistes and worked at the Centre de recherches Armand-Frappier in Laval. However, such indications do not suffice to show that he maintained residence in Canada.
[6] The citizenship judge therefore erred in law in granting him citizenship where there was no evidence of so vital a point as maintaining a residence in Canada during his lengthy absences.
[7] The defendant indicated that he has resided in Canada since his return from Maryland in February 1997, that is for over three years. In the circumstances, I invite him to file another citizenship application as he has now met the three-year residence requirement in Canada.
[8] The Minister's appeal is accordingly allowed.
J.E. DUBÉ
Judge
OTTAWA, Ontario
December 19, 2000
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-1776-99
STYLE OF CAUSE: THE MINISTER OF CITIZENSHIP AND
IMMIGRATION v. ABDALLAH EZZITOUNI
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: December 12, 2000
REASONS FOR ORDER BY: DUBÉ J.
DATED: December 19, 2000
APPEARANCES:
Daniel Latulippe for the plaintiff
Abdallah Ezzitouni for the defendant
SOLICITORS OF RECORD:
Morris Rosenberg for the plaintiff
Deputy Attorney General of Canada
Ottawa, Ontario
[1] [1978] 2 F.C. 208 (F.C.).
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