CITIZENSHIP AND IMMIGRATION |
Canada (Minister of Citizenship and Immigration) v. Karic
A-592-98, A-593-98
Décary J.A.
1/3/00
3 pp.
Citizenship appeals--Practice--Appeals from Trial Division decision new Federal Court Rules, 1998 could not apply to citizenship appeals filed before new Rules came into effect (April 25, 1998)--Issue whether new Rules apply to appeals under Citizenship Act, s. 14(5) pending at time new Rules came into effect--Under old Rules (R. 912), citizenship appeals proceeded by way of trial de novo, while under new Rules (r. 300(c)), appeals treated as applications--Appeals dismissed--While r. 501(1) providing new Rules apply to all proceedings, including further steps taken in proceedings commenced before coming into force of new Rules, simply not possible, in practical terms, with respect to citizenship appeals, to reconcile new Rules with old ones and to continue under new Rules appeals launched under old ones--In these very unusual circumstances, Court must by necessity interpret transitional provisions "so as to secure the just, most expeditious and least expensive determination of every proceeding in its merits" (r. 3)--Best way to make final determination by applying old Rules to appeals filed prior to April 25, 1998--Federal Court Rules, C.R.C., c. 663, R. 912--Federal Court Rules, 1998, SOR/98-106, rr. 3, 300(c), 501(1)--Citizenship Act, R.S.C., 1985, c. C-29, s. 14(5).