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T-1559-88
Her Majesty the Queen (Applicant)
v.
Subah Sadiq (Respondent)
T-1360-90
Subah Sadiq (Plaintiff)
v.
Her Majesty the Queen (Defendant)
INDEXED AS: CANADA v. SADIQ (T.D.)
Trial Division, Cullen J.—Calgary, November 21; Ottawa, December 3, 1990.
Citizenship — Application to revoke citizenship as obtained on false representations — Applications for permanent resi dent status and citizenship not disclosing existence of deporta tion orders — Notice of revocation four and one—half years after citizenship granted — Revocation proceedings civil, not time-barred by Citizenship Act, s. 31 — Delay breach of duty of fairness — Revocation of citizenship serious matter calling for immediate response — Duty of officials to verify informa tion in citizenship application — Application dismissed.
Constitutional law — Charter of Rights — Life, liberty and security — Citizenship Act, ss. 10 and 18, governing revocation of citizenship, not invalid as contrary to Charter, s. 7 — Purpose and effect of Act relevant — No unconstitutional purpose — Intent in ensuring compliance with immigration rules supporting revocation of citizenship for misrepresenta tion.
Constitutional law — Charter of Rights — Criminal process — Nothing intrinsically cruel and unusual in revocation of citizenship — Not infringing Charter, s. 12.
Estoppel — Proceedings commenced by Minister for revoca tion of citizenship — Respondent (plaintiff) arguing applica tion barred as out of time, breach of Charter rights — Whether delay constituting acquiescence in fraud, estopping Minister from initiating proceedings — As equitable remedy, plaintiff must come to court with clean hands — Unable to determine whether plaintiff having made false representations without cross-examination on affidavits.
An application by the Secretary of State, under section 10 of the Citizenship Act, to revoke respondent's citizenship as obtained by fraud or by concealing material circumstances and an action for declarations that sections 10 and 18 of the Act were of no force and effect in that they infringed plaintiffs
sections 7 and 12 Charter rights and that the Secretary of State's application was statute-barred as made out of time, were heard together by order of the Associate Chief Justice.
Sadiq comes from Pakistan. He entered Canada in 1974 as a visitor, overstayed and his deportation was ordered in 1978. He immediately married a Canadian and voluntarily returned to his native land. In 1979, he applied for permanent residence under his wife's sponsorship. He failed to disclose that he had been under a deportation order when he departed. Sadiq was granted permanent resident status in 1980. His March, 1983 citizenship application contained a statement that he had never been the subject of a deportation order. In August, he was again ordered deported — for the misrepresentation in his permanent residence application. Yet, in December that year, Sadiq was granted Canadian citizenship. Sadiq was divorced from his sponsor in 1980. Currently, he is going through a second divorce, from a woman he married in Pakistan, and living common law with a Canadian who is pregnant with his child.
Sadiq's position is that when he applied for permanent residence — and subsequently for citizenship — he was una ware that his deportation had ever been ordered. He suggests, however, that the authorities who granted him permanent residence and later citizenship should have been aware of that circumstance. It was his submission that section 31 of the Act was a bar to revocation proceedings, that sections 10 and 18 conflict with Charter sections 7 and 12 and that his rights under the last-mentioned sections had been infringed by the delay in commencing the revocation proceedings. Relief was sought under Charter subsection 24(1) in that Sadiq had been prejudiced by the delay.
The Minister relied on Sadiq's false statements and argued that his 1980 admission was without the Minister's consent — required under subsection 55(1) of the Immigration Act — and that the delay was needed to investigate the case. The Minister denied that any of Sadiq's Charter rights had been infringed.
Held, the application for revocation should be dismissed.
The revocation proceedings were not barred by section 31, which is confined to criminal proceedings. Revocation of citi zenship is civil in nature and there is no statutory time limit to such a proceeding.
In Canada v. Charran it was held that "security of the person" could encompass the right to be protected from serious hurt of a corporeal or incorporeal nature. It was held, however, that the delay in processing the revocation of citizenship did not cause serious incorporeal hurt because the longer the delay, the longer the respondent could stay in Canada. There was no prejudice to the person. The same argument applies to "cruel
and unusual" treatment or punishment. There is nothing intrin sically "cruel and unusual" about the revocation of citizenship.
Both the purpose and effect of legislation are relevant in determining whether a statute is in conformity with the Chart er. There was no evidence of an unconstitutional purpose in the Citizenship Act. As to effects, the intent in ensuring compli ance with immigration rules is a guide in support of the measure of revoking citizenship for misrepresentation.
There was a violation of the Charter as the duty to be fair had been breached. The long, inappropriate delay on the part of the government officials was unacceptable having regard to the Supreme Court of Canada decision in Askov. Citizenship offi cials never checked to determine if Sadiq was subject to a deportation order. Citizenship should have known that the applicant had been deported and should not have relied on the attestation in the application. Revocation of citizenship is a serious matter and called for more immediate responses. The Court has the discretion to deny revocation under Federal Court Act, section 18 if there has been undue delay in com mencing proceedings. The same discretion applies to proceed ings under the Citizenship Act.
The delay in initiating the proceedings could be considered an acquiescence in any fraud by Sadiq, thus estopping the Minister from initiating proceedings. Estoppel, however, is an equitable remedy and one must come to a court of equity with clean hands. If Sadiq made false representations, he could be disentitled to equitable relief. To decide whether citizenship was obtained by false representations, the Court had to exam ine the evidence and determine the credibility of Sadiq. Because of the seriousness of the proceedings, the standard of proof was a high level of probability. The applicant's credibility could not be determined on the basis of reading his affidavits without cross-examination or oral evidence. He could not be found guilty of misrepresentation.
STATUTES AND REGULATIONS JUDICIALLY CONSIDERED
Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 12, 24(1).
Citizenship Act, R.S.C., 1985, c. C-29, ss. 10, 18, 31. Constitution Act, 1982, Schedule B, Canada Act, 1982,
1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No.
44], s. 52.
Federal Court Act, R.S.C., 1985, c. F-7, s. 18.
Federal Court Rules, C.R.C., c. 663, R. 900. Immigration Act, R.S.C., 1985, c. I-2, s. 55.
CASES JUDICIALLY CONSIDERED
APPLIED:
Canada (Secretary of State) v. Luitjens, [1989] 2 F.C. 125; (1988), 6 Imm. L.R. (2d) 231 (T.D.); Canada (Secretary of State) v. Delezos, [1989] 1 F.C. 297; (1988), 22 F.T.R. 135; 6 Imm. L.R. (2d) 12 (T.D.); Canada (Secretary of State) v. Charran (1988), 6 Imm. L.R. (2d) 138; 21 F.T.R. 117 (F.C.T.D.); Reyes v. Attor ney General of Canada, [1983] 2 F.C. 125; (1983), 149 D.L.R. (3d) 748; 3 Admin. L.R. 141; 13 C.R.R. 235 (T.D.); Gittens (In re), [1983] 1 F.C. 152; (1982), 137 D.L.R. (3d) 687; 68 C.C.C. (2d) 438; 1 C.R.R. 346 (T.D.); R. v. Big M Drug Mart Ltd. et al, [1985] 1 S.C.R. 295; (1985), 60 A.R. 161; 18 D.L.R. (4th) 321; [1985] 3 W.W.R. 481; 37 Alta. L.R. (2d) 97; 18 C.C.C. (3d) 385; 85 CLLC 14,023; 13 C.R.R. 64; 58 N.R. 81.
REFERRED TO:
Penner v. Electoral Boundaries Commission (Ont.), [1976] 2 F.C. 614 (T.D.); R. v. Askov, [1990] 2 S.C.R. 1199.
COUNSEL:
Mark A. Gottlieb for respondent/plaintiff. D. Bruce Logan for applicant/defendant.
SOLICITORS:
Mark A. Gottlieb, Calgary, for respondent/ plaintiff.
Deputy Attorney General of Canada for applicant/defendant.
The following are the reasons for judgment rendered in English by
CULLEN J.: This is an application by Subah Sadiq (Sadiq) for a declaration against the Crown under the Citizenship Act, R.S.C., 1985, c. C-29 (the Act), and for an order quashing a reference to this Court by the Secretary of State. In File T-1559-88, the Secretary of State (the Minister), applied to the Governor in Council pursuant to section 10 of the Citizenship Act, R.S.C., 1985 c. C-29, to revoke the citizenship of the respondent Sadiq on the ground that such citizenship was obtained "by false representation or fraud or by knowingly concealing material circumstances". This application has been referred to the Federal Court by the Minister pursuant to section 18 of the Act. On December 19, 1989, Sadiq brought an application in T-1559-88 seeking a declaration
that sections 10 and 18 of the Act are of no force and effect in that they infringe the rights of Sadiq guaranteed by sections 7 and 12 of the Canadian Charter of Rights and Freedoms [being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44]] (the Charter). This applica tion was adjourned sine die by McNair J. On May 17, 1990, Sadiq filed a statement of claim (T-1360-90) seeking:
(1) a declaration pursuant to subsection 52(1) of the Constitution Act, 1982 [Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44] ] that sections 10 and 18 of the Citizenship Act are of no force and effect on the grounds that they infringe the rights of the plaintiff guaranteed under section 7 and section 12 of the Canadian Charter of Rights and Freedoms;
(2) a declaration that the application for revoca tion to the Governor in Council and the reference to this Court were made out of time . and are therefore statute-barred because of this delay;
(3) a judgment quashing the reference or staying the proceedings in respect thereof.
Counsel for Sadiq had requested that both the Charter application in T-1559-88 and the relief requested in the statement of claim in T-1360-90 be heard at the same time and place, which request was granted by the Associate Chief Justice.
FACTS
On April 11, 1974, Sadiq entered Canada as a visitor from his native Pakistan. He remained in Canada beyond the time permitted under his visi tor's visa and was ordered deported from Canada on May 9, 1978. Six days later, on May 15, 1978, Sadiq married Lucia Dizep, a Canadian citizen. He departed voluntarily from Canada at his own expense on May 20, 1978.
Subsequently, on July 25, 1979, Sadiq applied for permanent residence in Canada from Pakistan on the sponsorship of his wife. In this application, Sadiq did not disclose that he had been under a deportation order when he left Canada. On Janu- ary 24, 1980, Sadiq's application for permanent residence was granted, and he was granted admis sion to Canada as a permanent resident on Febru- ary 15, 1980.
Sadiq applied for Canadian citizenship on March 8, 1983. In this application, he stated that he had never been subject to a deportation order from Canada. Sadiq was subsequently ordered deported from Canada again on August 23, 1983, on the ground that he had misrepresented his status in respect of his departure from Canada on May 20, 1978, for the purpose of obtaining perma nent resident status in Canada. Sadiq appealed the deportation order to the Immigration Appeal Board, but the appeal has been stayed pending the outcome of the application by the Secretary of State to revoke the citizenship of Sadiq, which was approved by a citizenship court judge on August 30, 1983. Citizenship was granted to Sadiq on his taking of the oath of Canadian citizenship on December 15, 1983.
Sadiq is presently and has been since 1980 employed with Domtar Packaging. In December, 1980, Sadiq was divorced from Lucia Dizep. In January, 1984, Sadiq married Farida Haji Yousef in Pakistan, and sponsored her application for permanent residence in Canada, which was grant ed in 1985. They have a child, Omar, born Janu- ary 22, 1986. They are currently being divorced. Sadiq presently has a common law relationship with a Canadian citizen who is pregnant with Sadiq's child.
SADIQ'S POSITION
The position of Sadiq is that at the time he made his application for permanent residence, he was not aware that he had been ordered deported from Canada. He also states that he was unaware of having been the subject of any deportation order at the time he applied for citizenship. In support of this claim, he states that he relied on legal advice of Mr. G. Jamieson, the fact that he was permitted to marry a Canadian citizen on May 15, 1978, and the fact that he left Canada voluntarily on May
20, 1978. In essence, he states that at the material times that he was granted permanent residence status on January 24, 1980 and Canadian citizen ship on August 30, 1983, both the Minister of Employment and Immigration and the Secretary of State ought to have known that he had been ordered deported on May 9, 1978 and August 23, 1983.
Sadiq also states that section 31 of the Act is a bar to any further revocation proceedings. Section 31 reads as follows:
31. Any proceedings in respect of an offence under this Act or the regulations that is punishable on summary conviction may be instituted at any time within but not later than three years after the time when the offence was committed.
Sadiq also seeks an order pursuant to subsection 52(1) of the Constitution Act, 1982 that sections 10 and 18 of the Citizenship Act are of no force or effect because they conflict with sections 7 and 12 of the Charter, and consequently an order staying the revocation proceedings initiated pursuant to those provisions. He seeks a further order pursuant to subsection 24(1) of the Charter staying the proceedings on the ground that his rights under sections 7 and 12 of the Charter were infringed. The essence of the alleged infringement is the prejudice that would befall Sadiq because of the delay in applying for the revocation.
THE MINISTER'S POSITION,
With respect to the reference to this Court initiated by the Minister to revoke Sadiq's citizen ship, the Minister's position is that Sadiq has obtained citizenship on the basis of false represen tations made in his application for Canadian citi zenship, or by knowingly concealing material cir cumstances, in that he falsely stated in both his application for permanent residence and citizen ship that he had never been deported from Canada. The Minister further states that when Sadiq was granted admission to Canada on Febru- ary 15, 1980, such entry was without the consent of the Minister of Employment and Immigration as required in such circumstances by subsection 55(1) of the Immigration Act, R.S.C., 1985, c. I-2 which reads:
55. (1) Subject to section 56, where a deportation order is made against a person, the person shall not, after he is removed from or otherwise leaves Canada, come into Canada without the written consent of the Minister unless an appeal from the order has been allowed.
The Minister states that if there was delay, the delay was necessary to investigate the circum stances of the case and to consider the conse quences of revocation of citizenship upon Sadiq. With respect to the Charter issues, the Minister has denied any infringement of Charter rights.
ISSUES
1. Are the revocation proceedings barred by virtue of section 31 of the Citizenship Act?
2. Does the prejudice, if any, caused by the delay in initiating revocation proceedings infringe Sadiq's Charter rights under section 7 or section 12?
3. Are sections 10 and 18 of the Citizenship Act inconsistent with section 7 and 12 of the Charter and therefore of no force and effect to the extent of the inconsistency, pursuant to subsection 52(1) of the Constitution Act, 1982?
ANALYSIS
Revocation proceedings are governed by sections 10 and 18 of the Citizenship Act, which read as follows:
10. (1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing ma terial circumstances,
(a) the person ceases to be a citizen, or
(b) the renunciation of citizenship by the person shall be deemed to have had no effect,
as of such date as may be fixed by order of the Governor in Council with respect thereto.
(2) A person shall be deemed to have obtained citizenship by false representation or fraud or by knowingly concealing ma terial circumstances if the person was lawfully admitted to Canada for permanent residence by false representation or fraud or by knowingly concealing material circumstances and, because of that admission, the person subsequently obtained citizenship.
18. (1) The Minister shall not make a report under section 10 unless the Minister has given notice of his intention to do so to the person in respect of whom the report is to be made and
(a) that person does not, within thirty days after the day on which the notice is sent, request that the Minister refer the case to the Court; or
(b) that person does so request and the Court decides that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.
(2) The notice referred to in subsection (1) shall state that the person in respect of whom the report is to be made may, within thirty days after the day on which the notice is sent to him, request that the Minister refer the case to the Court, and such notice is sufficient if it is sent by registered mail to the person at his latest known address.
(3) A decision of the Court made under subsection (1) is final and, notwithstanding any other Act of Parliament, no appeal lies therefrom. [Emphasis added.]
Reference must also be made to Rules 900 ff. of the Federal Court Rules [C.R.C., c. 663].
Thus, the task of the Court on the reference was to decide whether citizenship was obtained by false representations or fraud. This was of course, a matter of examining the evidence and determining the credibility of Sadiq. Because of the seriousness of the proceedings, the standard of proof required of such alleged civil fraud in revocation proceed ings will be a high level of probability. As Collier J. held in Canada (Secretary of State) v. Luitjens, [1989] 2 F.C. 125 (T.D.), at page 134:
The standard of proof required in civil proceedings is a preponderance of evidence, or a balance of probabilities. But in that standard there may be degrees of the quality of the proof required.
The position I shall adopt here is that as set out by Lord Scarman in Khawaja v. Secretary of State for The Home Dept., [1983] 1 All ER 765 (H.L.), at page 780. A high degree of probability is, in my opinion, required in a case of this kind. What is at stake here is very important; the right to keep Canadian citizenship, and the serious consequences that may result if that citizenship ceases.
Application of Time Limit in Section 31:
The time limit of three years referred to in section 31 of the Act relating to the initiation of proceedings in respect of offences under the Act has no application to revocation proceedings. This provision is confined to the initiation of proceed ings in courts of criminal jurisdiction. The revoca-
tion of citizenship is not a criminal proceeding. In Canada (Secretary of State) v. Delezos, [1989] 1 F.C. 297 (T.D.), Muldoon J. held (at page 303) that a proceeding taken under the revocation provisions "is entirely civil in nature; it is not a criminal law proceeding." As there is no penal result from the outcome of a citizenship revocation proceeding, the reference to "offence" in section 31 does not contemplate application to revocation proceedings.
In any event, it should be noted that the provi sions of section 10 state that the citizenship of a person is revoked as soon as the Governor in Council is satisfied that the citizenship was obtained by fraud or misrepresentation, notwith standing any other section of this Act. It is my view that the provisions applicable to the Governor in Council apply mutatis mutandis to the Federal Court when the person elects to refer the matter to the Court. It would certainly be anomalous if it were possible for a person to circumvent the revo cation provisions after three years had elapsed from the date of the misrepresentation by applying to the Federal Court if section 31 were to apply to it, but not the Cabinet. The time limit in section 31 was not intended to have any application to revocation proceedings either before the Governor in Council or the Federal Court, and there is no statutory time limit to such a proceeding.
The delay in initiating the proceedings could be considered an acquiescence of any fraud by Sadiq, and thus the Minister is estopped from initiating proceedings. Estoppel, however, requires a representation to be made by one party to another. The Minister makes reference in one of the motions to a memo in the Immigration Depart ment which could found an estoppel. However, estoppel is an equitable remedy, and one must come to a court of equity with "clean hands". If Sadiq made false representations, he could be dis- entitled to equitable relief. The Federal Court does have the discretion to deny relief sought under section 18 of the Federal Court Act [R.S.C., 1985, c. F-7] if there has been undue delay in commenc ing proceedings: Penner v. Electoral Boundaries Commission (Ont.), [1976] 2 F.C. 614 (T.D.) Quaere, however, if the same discretion applies to proceedings under the Citizenship Act? In my
opinion, it does apply, as the policy considerations would be the same. In any event, the result would only be to give the Court the discretion to deny the Minister.
Infringement of Sections 7 and 12 of the Charter:
Sadiq alleges that the delay in initiating pro ceedings and the consequential prejudice infringe his rights under sections 7 and 12 of the Charter. The two Charter sections read as follows:
7. Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
12. Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
In Canada (Secretary of State) v. Charran (1988), 6 Imm. L.R. (2d) 138 (F.C.T.D.) Dubé J. had to consider whether the delay associated in processing the revocation of a person's citizenship infringed the right of a person not to be deprived of security of the person except in accordance with the principles of fundamental justice. Dubé J. acknowledged [at page 144] that the term "securi- ty of the person" could encompass a wide variety of interests, including the right to be protected "from serious hurt, whether of a corporeal or an incorporeal nature". In this case, the person's pass port and birth certificate had been seized, and the person claimed that she lived in fear of her status in Canada being challenged because of her lack of documentation pending the hearing. Dubé J., how ever, found no infringement of section 7 because of the delay as there was no prejudice to the person. His Lordship stated, at pages 144-145:
Even if I were to apply the "expansive approach", I could not come to the conclusion, in this matter, that the delay in the processing of the revocation of the citizenship of the respondent has caused her serious incorporeal hurt. It stands to reason that the longer the revocation was delayed, the longer she could stay in Canada; she would undoubtedly be happier if the delay had lasted her lifetime. The deprivation of her identity documents undoubtedly caused her much distress, but she was guilty of
misrepresentation and impersonation and she has only herself to blame if her Canadian passport was taken away from her. As to her birth certificate, I presume that she could readily obtain a certified copy from her country of origin, as it is obviously not a Canadian document. Having entered the country under false pretences and having been caught by the authorities, she is in no position to blame them for her present anxiety.
The same argument could be made with respect to the argument on "cruel and unusual treatment or punishment". In law there is nothing intrinsical ly "cruel and unusual" about the revocation of citizenship. In Reyes v. Attorney General of Canada, [1983] 2 F.C. 125 (T.D.). Cattanach J. held that there was nothing cruel and unusual about an executive order by the Cabinet that denied a grant of citizenship pursuant to section 18 of the Act, as it then was, because the Cabinet felt that it would be prejudicial to the security of Canada. It is conceded that the applicant in the Reyes case could have continued to stay in Canada despite the lack of citizenship. However, in Gittens (In re), [1983] 1 F.C. 152 (T.D.), Mahoney J. held that the execution of deportation orders generally do not constitute cruel and unusual treatment. His Lordship stated, at page 161:
The incidents of deportation, whatever their degree, do not render it cruel and unusual treatment of an adult.
As a norm, execution of a deportation order is not, in the abstract, cruel and unusual treatment.
Therefore, if deportation is generally not cruel and unusual treatment, it follows that revocation of citizenship that could lead to deportation is also not cruel and unusual treatment.
With respect to the declaration of invalidity sought for sections 10 and 18 of the Citizenship Act, it is clear from R. v. Big M Drug Mart Ltd. et al., [1985] 1 S.C.R. 295, that both the purpose and effect of legislation were relevant in determin ing whether a statute was in conformity with the Charter. In this case, there is no evidence of an unconstitutional purpose in the statute.
As to the effects, the analysis above is applicable here. The intent of the nation in ensuring compli-
ance with immigration rules is a guide in support of the measure of revoking citizenship for misrepresentation.
CONCLUSION
The reference by the Secretary of State to this Court is in order. The application for revocation is not statute barred. However, there is clearly a violation of the Charter. There is a duty on the part of the Citizenship officials to be fair and in my view they have failed in that responsibility due to delay.
Sadiq secured permanent resident status on January 24, 1980. On March 8, 1983 he applied to become a Canadian citizen. Although ordered deported again on August 23, 1983, his citizenship application was approved on August 30, 1983 and on December 15, 1983 he took his oath of Canadi- an Citizenship. The citizenship officials never checked to determine if Sadiq was subject to a deportation order. The Immigration people knew this fact May 28, 1979 and certainly by April/May 1981. Immigration did not communicate this information to Citizenship and that's not surpris ing but what is incredible is that Citizenship never asked. The bland response by Citizenship was that they relied on the applicant's answer. One is moved to wonder if they check with the RCMP when a person says he has no criminal record. The sequence of events after Sadiq secured Canadian citizenship also provides some insight into the almost lackadaisical approach taken by the Citi zenship people. Counsel for Sadiq, after reading the affidavit by a Ms. Lane, states, and I agree:
We have an explanation that is rife with systemic delay, delay that is not justified on any kind of interpretation of the way that a government department such as the Citizenship Depart ment ought to work; delay that would not be countenanced, my lord, by the Supreme Court of Canada having regard to the Askov case.
The facts, or at least the dates, are not in dispute: Sadiq's Canadian citizenship application was approved August 30, 1983 and he took his oath as a Canadian citizen December 15, 1983.
The notice of revocation, according to Ms. Lane, the Registrar of Canadian Citizenship, was signed July 21, 1987 (although the document given to the Court was dated June 7, 1988). In any event some four and a half to five years elapsed before Sadiq had any notice of revocation.
In the Lane affidavit we learn that Canada Immigration, Calgary, notified the Citizenship Department on March 21, 1984 that Sadiq had been ordered deported twice, once in 1978 and again in 1983. (Exhibit A to the affidavit of Sadiq is a two-way office memorandum confirming he had been deported, that he was allowed voluntary departure and that they had no objection to his return).
At page 19 of the transcript counsel for Sadiq states:
It's unbelievable in my respectful submission, to think that in the 1980's two government departments that are so closely allied would have such a lack of communication that it would take three years for the Citizenship Department to know that Mr. Sadiq had been deported. And certainly, sir, given the fact that he made his application in March 6, 1983 it is equally shocking to find that it took a year before a telephone call was made from Immigration to the Citizenship Department advis ing that Mr. Sadiq had been deported twice. And when one follows the flow of this affidavit subsequent events show an equally surprising lack of effort and performance on the part of the Citizenship Department to get this revocation application in gear.
What are the facts according to Lane?
1. March 21, 1984 — Citizenship received notice of deportation order;
2. July 17, 1984 (four months later) — the case was referred to a Programme Officer for review and action;
3. November 16, 1984 (another four months) — the case was referred to the department's legal services unit for an opinion;
4. Three months later, a legal opinion was secured and advice received that the case was being referred to the Department of Employment and Immigration (C.E.I.C.);
5. Five months later, Lane was provided with the position of C.E.I.C. as well as other cases where revocation was being considered;
(Thus, seven years elapsed from the first time Sadiq was deported and a year and a half after he applied for citizenship, for C.E.I.C. to notify Citi zenship of its position on Sadiq.)
6. November 17, 1985 (five months later) — in response to a request from one Programme Offi cer, Canada Immigration in Calgary provided Sadiq's last known address;
7. March 10, 1986 — the case was being prepared for consideration by the Minister together with six other cases;
8. October 24, 1986 (six months later) — a memorandum was prepared for the Minister con cerning seven persons who obtained citizenship allegedly in the same fashion as Sadiq which memorandum had legal opinions;
9. July 21, 1987 (nine months later) — A notice of revocation was signed. It was mailed to Sadiq and returned as undeliverable. (How long did it take to get back from Canada Post — weeks, 2 weeks?);
10. September 3, 1987 — the RCMP were asked to locate Sadiq;
11. January 5, 1988 — RCMP provided Sadiq's address;
12. January 7, 1988 — a second notice of revoca tion was signed, and mailed to Sadiq.
Lane attests there is no way she ought to have known on or before December 15, 1983 of the two deportation orders. Might I be so bold as to sug gest a phone call, a letter, a two-way memoran dum, could have been sent to C.E.I.C. and not to rely on the attestation in the application. If Citi zenship didn't know shortly after the application was made March 15, 1983 that Sadiq had been ordered deported, then it should have. I read the
other "reasons" for delay but they are just not credible.
What really occurred here was an interminable delay by officials, and during that time Sadiq was getting established. This case was not given the priority it deserved. Revocation of one's Canadian citizenship is a serious matter and called for more immediate responses than are evident here.
On another matter, I do not believe one can truly determine the credibility of Sadiq on the basis of reading his affidavits, with no cross- examination or oral evidence. What is clear, how ever, is that, had Sadiq, after one year sought Ministerial approval as required by the Immigra tion Act, that approval most assuredly would have been given. The document filed by counsel for Sadiq clearly establishes the Department had no objections to his returning to Canada and that Immigration officials considered his marriage as valid, and not one of convenience. In his affidavit, Sadiq attests that he sought a legal opinion, names the lawyer and states he voluntarily left, paid his own expenses and that officials permitted him to marry before he left Canada. Sadiq was not cross- examined on his affidavit, and that option was open to Sadiq for the revocation but not initiated. On balance, I believe the long, inappropriate delay did not give Sadiq that to which he was entitled a duty of fairness. Dubé J., in Canada v. Charran (supra) found the applicant guilty of misrepre sentation. I cannot so find here, given Collier J.'s direction in Canada v. Luitjens (supra).
Therefore, the officials at Citizenship having failed in their responsibility to Sadiq, it is my decision that the application for revocation is dis missed. There will be no order as to costs.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.