Blaha v Minister of Citizenship and Immigration,

• Date: 09 December 1971
• Court: Court of Appeal (Canada)

Canada, Citizenship Appeal Court.

(Pratte, J.)

Blaha

and

Minister of Citizenship And Immigration

The individual in international law — Nationality — Naturalization — Acquisition of nationality by naturalization — Residence — Meaning of residence — Necessity of physical presence — The law of Canada

Summary:The facts:—The appellant entered Canada illegally on 7 July 1963. On 29 October 1965 his position was regularized and he became an immigrant. He was a full-time student in Canada from September 1963 to October 1966. On 13 October 1966 the appellant went to the United States for higher studies and returned to Canada on 23 March 1971 after completing them. During his period of study in the United States he came to Canada every year for at least two months. The appellant never intended to leave Canada for good. He maintained a bank account in Canada, had a Canadian driving livence and always gave a Canadian address as his permanent address. On 5 November 1965 he had filed a statement of his intention to become a Canadian citizen and on 20 August 1970 he applied for Canadian citizenship. Before 1967 Section 10 of the Canadian Citizenship Act required a residence of at least one year immediately preceding the date of the application from persons wishing to become naturalized Canadian citizens. On 7 July 1987 the residence requirement was changed to a requirement of five of the eight years or twelve of the eighteen months immediately preceding the date of the application.

Held:—A person is resident in Canada within the meaning of the Canadian Citizenship Act only if he is at least usually physically present in Canada. Since the appellant did not satisfy this requirement either under the old section or the new one his application must be refused.

The following is the text of the judgment of the Court:

pratte J.—Appellant applied for Canadian citizenship. In order that his application be granted he had, under s. 10(1) of the Canadian Citizenship Act (R.S.C. 1952, c. 33, as amended, now R.S.C. 1970, c. C-19), to establish to the Court's satisfaction that he had resided in Canada for the time required by law. On May 25, 1971, the Court gave a decision on this point that was unfavourable to appellant. This is the decision which appellant is now challenging.

Appellant is a Czech refugee who entered Canada illegally on July 7, 1963. His position was regularized on October 29, 1965, the date of his ‘landing’ as an immigrant. A few days later, on November 5, 1985, he filed with the Registry of the Court in Quebec a statement of his intention to become a Canadian citizen, and finally, on August 20, 1970, he applied for Canadian citizenship.

Appellant remained in Canada from July 7, 1963 to October 13, 1966. In September 1963, he was registered as a full-time Student in the Faculty of...