Category: Citizenship

League for Human Rights of B'nai Brith Canada v. Odynsky/, A-365-09, 2010 FCA 307, Stratas J.A. This case provides a very good analysis of public interest standing; second for its analysis of the role to be played by the governor in council as a decision making body. it is a well reasoned and interesting case that clarifies the position of the federal court of appeal on these issues.

The Court upheld a decision that the applicant was not eligible for citizenship as a second generation canadian.

The Court held that the uncertainty over the proper test was inappropriate and that the proper test for residency should be the Koo test. The court noted that the first step was to establish residence and the second to establish that the factors in Koo supported a finding of continuing residency. The Court concluded that on the facts the Judge erred in concluding residency was established.

The Court upheld a decision that the applicant was not eligible for citizenship holding that while the person had charges stayed the fact that the charges could be revived was sufficient grounds to conclude that the person was a person charged with an offence.

The Court denied an application for mandamus holding that in the circumstances the timeframes were not unreasonable.

The Court set aside a refusal to grant citizenship. The Court held that the judge had erred because having requested evidence to meet the broad residency test the judge applied the strict test without explaining why he did not apply the other test

The Court upheld the refusal to grant a citizenship certificate. The officer had required DNA testing and the applicant refused arguing that there was no requirement for DNA testing given the birth certificate and other documents. The Court held that in the circumstances DNA testing was appropriate.

The Court upheld a refusal of citizenship. The citizenship judge was correct in rejecting the case based on the lack of credibility due to the admission of the applicant that he had lied about his address.

The Court allowed a ministers appeal of a citizenship grant holding that the judge erred in failing to assess the level of the connection of the respondent to Canada.

The Court set aside a decision of a citizenship judge where the judge failed to advise the applicant of all his concerns.