Canada ( Minister of Citizenship and Immigration ) v. Dueck
T-938-95
Noël J.
16/10/98
16 pp.
Motion by respondent to dismiss reference on grounds no reasonable cause of action, pleadings immaterial, irrelevant, scandalous, vexatious-Minister of Citizenship and Immigration (applicant) sending notice in respect of revocation of citizenship to respondent-Notice informing respondent within 30 days after day on which notice sent, he could request Minister refer "the case" to F.C.T.D.-Applicant filing with Court under R. 920(b)(iii) summary of facts and evidence upon which it intended to rely at hearing of case-In summary, applicant alleging during German occupation of Selidovka, Ukraine between 1941 and 1943, respondent member of local Selidovka district (Raion) Police-According to applicant, respondent not disclosing membership, senior rank in Selidovka District Police, participation in crimes, including mass executions of civilians, prisoners of war, committed by Selidovka District Police-Had facts been disclosed, respondent would have been refused immigrant visa, permission to land in Canada-Applicant withdrawing all allegations with respect to participation of respondent at specific executions-As result of change to summary, respondent brought motion for order dismissing reference-Power of Governor in Council to order revocation of citizenship found in Citizenship Act, s. 10-To order revocation of individual's citizenship, Governor in Council must be in receipt of report from Minister with respect to alleged false representation, fraud, knowing concealment of material circumstances-Under Act, s. 18, giving notice of report to person affected condition precedent to Minister submitting report to Governor in Council-Matter referred to Court under s. 18 "the case" set out by Minister in notice-Minister not entitled to make report unless in receipt of decision of Court on "the case" referred to it-Alleged failure by respondent to divulge membership in organization ground upon which Minister could, upon positive determination by Court, report to Governor in Council-Allegation within ambit of notice with respect to alleged membership of respondent in Selidovka police-Could not be said notice disclosed no cause of action, remaining allegations frivolous, vexatious, no genuine issue for trial-Motion dismissed-Citizenship Act, R.S.C., 1985, c. C-29, ss. 10(1), 18(1)-Federal Court Rules, C.R.C., c. 663, R. 920(b)(iii).