Benner v. Canada (Secretary of State), [1997] 3 S.C.R. 389
Mark Donald Benner Appellant
v.
The Secretary of State of Canada and
the Registrar of Citizenship Respondents
and
The Federal Superannuates National Association Intervener
Indexed as: Benner v. Canada (Secretary of State)
File No.: 23811.
1997: September 23.
Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka,
Gonthier, Cory, McLachlin, Iacobucci and Major JJ.
judgment
Judgments and orders ‑‑ Provisions of
Citizenship Act found to be unconstitutional ‑‑ Judgment as to
effect of reasons ‑‑ Citizenship Act, R.S.C., 1985, c. C‑29,
ss. 3(1) (c), 5(2) (b), 12(3) , 19 , 20 , 22 ‑‑ Citizenship Regulations,
C.R.C., c. 400, s. 20.
JUDGMENT
1 The
appeal of the appellant, Mark Donald Benner, is allowed and the judgment of the
Federal Court of Appeal is
set aside. The decision of the Registrar of Canadian Citizenship dated October
17, 1989, rejecting the appellant’s application for citizenship is quashed and
the Registrar is directed to deal with the appellant’s application in
accordance with this judgment and the reasons for judgment.
The requirement of an oath contained in s. 3(1) (c) of the Citizenship
Act shall be read without reference to s. 5(2)(b) of that Act. The
words “by a person authorized by regulation to make the application” in s.
5(2) (b) of the Citizenship Act are declared inoperative.
Sections 12(3) , 19 , 20 and 22 of the Citizenship Act shall be read
without reference to s. 5(2)(b) of that Act. Section 20 of the Citizenship
Regulations shall be read without reference to s. 5(2) (b) of the Citizenship
Act .
2 Costs
are payable to the appellant throughout.
Judgment accordingly.
Solicitors for the appellant: Clark, Wilson,
Vancouver.
Solicitor for the respondents: The Attorney
General of Canada, Ottawa.
Solicitors for the intervener: Gowling, Strathy
& Henderson, Ottawa.
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