CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Citizens |
Frankowski v. Canada (Minister of Citizenship and Immigration)
T-1200-99
Rothstein J. (ex officio)
4/8/00
7 pp.
Application for judicial review of Citizenship Court Judge (CCJ) decision applicant prohibited from being granted Canadian citizenship, based on Citizenship Act, s. 22(2)(a) as applicant convicted of trafficking in narcotics within 3 years of citizenship application--Applicant arguing CCJ required, under Act, s. 15(1), to consider whether factors in Act, s. 5(4) (discretionary grant of citizenship in order to alleviate cases of special and unusual hardship) applicable before making negative decision--Both provisions containing `notwithstanding anything in Act' clause--Application dismissed--Presumption of coherence in statute virtually irrebutable: Driedger on the Construction of Statutes, 3rd ed. by Ruth Sullivan, Toronto: Butterworths, 1994: court must resort to one of conflict avoidance or conflict resolution techniques at their disposal--Relevant technique herein implied exception (generalia specialibus non derogant) or specific prevails over general--Here, Act, s. 22(2)(a), specific provision, implied exception to Act, s. 5(4), general provision--CCJ correct in finding as s. 22(2)(a) applicable, not case for exercise of discretion under s. 5(4)--As no discretion to be exercised by Governor in Council under Act, s. 5(4), no obligation on CCJ under s. 15(1) to do more than did--Citizenship Act, R.S.C., 1985, c. C-29, ss. 5(4), 15(1), 22(2)(a) (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 11).