Chen ( Re )
T-2879-96
Muldoon J.
21/1/98
12 pp.
Appeal from denial of citizenship for failure to meet residency requirements-Citizenship Act, s. 5(1)(c) requiring applicant for citizenship to accumulate within four years preceding date of application at least three years of residence in Canada-Meaning of "residence"-Dictionary definitions revealing French, English words derived from common Latin root-All connote abiding, dwelling in certain place by living, being present there-Residence requirement to "Canadianize" would-be citizen-Since enactment of Charter of Rights, judges empowered to set aside, "read down" or "up" legislation-Canada proclaiming to be democratic country, but democracy imperilled when judges arrogating to themselves role of legislators-Makes mockery of citizenship judges' care, attention to details-To confer citizenship on someone who does not bother to comply with provisions solemnly enacted by Parliament not only lèse majesté, but also cheapening Canadian citizenship-Serious, sincere applicants must comply with law, whether like it or not-By overruling citizenship judge, granting citizenship by defeating Parliament's will neither making Court look good nor fostering respect for law-Although Parliament has amended Citizenship Act from time to time since promulgation of revised statues, has not amended residence rules to make any exception or provide for granting of citizenship to any applicant who would likely be good citizen, but fails to comply with s. 5(1)(c)-Trend of ignoring law as written by Parliament beginning with In re Papadogiorgakis and in re Citizenship Act, [1978] 2 F.C. 208 (T.D.)-That decision not binding because no appeal from citizenship appeal judgments-This factor creating scandalous incertitude in law e.g. in In re Khoury and in re the Citizenship Act, [1978] 2 F.C. 75 (T.D.) (same volume of Federal Court Reports) equally eminent judge coming to opposite conclusion, and dichotomy continuing to present-Parliament amending Act many times up to S.C. 1997, c. 22, parts of which coming into force May 20, 1997-Last amendment of residence rules in 1987 confirming when Parliament thinking of qualifying period or term of residence, speaking of residence acquired day by day, not of absence, but of presence; not of sending personal property, but of personal presence; not of centralizing one's lifestyle, but of living day after day after day in Canada, until requisite number of days qualifying applicant pursuant to s. 5(1) or (1.1)-S. 5(1.1) only exception whereby applicant can be "Canadianized" while residing outside of Canada, but with Canadian spouse, day in, day out-Appeal dismissed-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).