Bell v. Canada ( Minister of Employment and Immigration )
A-1059-92
Simpson J.
22/3/94
5 pp.
Application for judicial review of Immigration and Refugee Board's decision cancelling stay of removal order and directing execution of order-Applicant born in Australia and granted landed immigrant and permanent resident status in Canada-Biological father, Canadian citizen, adopted applicant pursuant to Child Welfare Act of Alberta-Applicant's father did not register son's birth or adoption with Canadian authorities; as adult, applicant did not take out Canadian citizenship because, by virtue of father's citizenship, thought it was automatic-Removal order made against applicant in 1985 pursuant to Immigration Act, s. 27(1)(d), removal of permanent residents with history of criminal convictions-Whether applicant Canadian citizen-In 1977, applicant entitled to become Canadian citizen as met criteria of Citizenship Act, s. 5(1)(b) as natural born child of father with Canadian citizenship and by reason of adoption-S. 4(3) of Act registration not condition precedent to entitlement-By virtue of s. 3(1)(e) applicant citizen of Canada-Board acted without jurisdiction in making order-Application allowed-Immigration Act, R.S.C., 1985, c. I-2, s. 27(1)(d) (as am. by S.C. 1992, c. 47, s. 78)-Citizenship Act, R.S.C., 1970, c. C-19, ss. 3(1)(e), 4(3) (as am. by R.S.C., 1985, c. C-29), 5(1)(b) (as am. idem)-Child Welfare Act of Alberta, R.S.A., 1984, c. C-8.1, s. 60(1) (as am. by R.S.A., 1988, c. 15, s. 35).