Dai v. Canada ( Minister of Citizenship and Immigration )
T-803-98
Dubé J.
25/9/98
6 pp.
Citizenship appeal-Practice-Minister seeking leave to file notice of appearance in citizenship appeal and procedural order directing citizenship appeal application proceed pursuant to Part V of Federal Court Rules, 1998-Notice of appeal dated April 24, 1998-When Minister's counsel served notice of appearance in June 1998, Registry of Federal Court in Toronto refused to accept filing of notice and documents returned to Minister's counsel-New Federal Court Rules, 1998 coming into force April 25, 1998-Issue whether old Rules or new Rules apply when notice of appeal filed before April 25, 1998-Application of Canada (Minister of Citizenship and Immigration) v. Chan, [1998] F.C.J. No. 742 (T.D.) (QL) wherein Rothstein J. held hearings in citizenship appeals, where appeals filed in Court before coming into force of Federal Court Rules, 1998 should proceed by way of trial de novo and Part V of Federal Court Rules, 1998 should apply to citizenship appeals filed in Court after coming into force of new Rules-See also: Canada (Minister of Citizenship and Immigration) v. Lok, [1998] F.C.J. No. 888 (T.D.) (QL)-Date of filing of appeal material, not necessarily completion of all preliminary steps under old Rules-New Rules set out interrelated series of procedural steps which cannot be easily accommodated to former system of citizenship appeals-Logical conclusion to follow provisions of Interpretation Act, ss. 43 and 44 and to protect rights of those who have filed their appeals in accordance with Act before April 25, 1998-Therefore, Registry of Federal Court in Toronto properly refused to accept filing of notice of appearance of Minister as old Rules apply where notice of appeal filed before April 25, 1998-Application dismissed-Federal Court Rules, C.R.C., c. 63-Federal Court Rules, 1998, SOR/98-106, Part 5-Interpretation Act, R.S.C., 1985, c. I-23, ss. 43, 44.