Canada (Minister of Citizenship and Immigration) v. Wysocki, 2003 FC 1172

• Judge: Layden-Stevenson, J.
• Court: Federal Court (Canada)
• Case Date: October 06, 2003
• Jurisdiction: Canada (Federal)
• Citations: 2003 FC 1172;(2003), 250 F.T.R. 174 (FC)

Can. (M.C.I.) v. Wysocki (2003), 250 F.T.R. 174 (FC)

MLB headnote and full text

Temp. Cite: [2003] F.T.R. TBEd. OC.029

In The Matter Of revocation of citizenship pursuant to sections 10 and 18 of the Citizenship Act, R.S.C. 1985, c. C-29, as amended

And In The Matter Of a request for reference to the Federal Court pursuant to section 18 of the Citizenship Act, R.S.C. 1985, c. C-29, as amended

And In The Matter Of a reference to the Court pursuant to Rule 920 of the Federal Court Rules

The Minister of Citizenship and Immigration (plaintiff) v. Krzysztof Wysocki (defendant)

(T-1379-01; 2003 FC 1172)

Indexed As: Canada (Minister of Citizenship and Immigration) v. Wysocki

Federal Court

Layden-Stevenson, J.

October 9, 2003.

Summary:

The Minister of Citizenship and Immigration notified Wysocki of the Minister's intention to request that his citizenship be revoked on the basis that he obtained Canadian citizenship by false representation, fraud, or by concealing material circumstances. The Minister alleged that he failed to disclose that he was charged with an indictable offence between the time he applied for citizenship and the time he took the oath of citizenship. Wysocki requested that the matter be referred to the court.

The Federal Court held that Wysocki obtained his Canadian citizenship by knowingly concealing material circumstances.

Aliens - Topic 2547

Naturalization - Disqualifications - Pending charge for indictable offence - The Minister of Citizenship and Immigration notified Wysocki of the Minister's intention to request that his citizenship be revoked on the basis that he failed to disclose that he was charged with an indictable offence between the time he applied for citizenship and the time he took the oath of citizenship - Wysocki requested that the matter be referred to the court - He could not recall having seen the warnings respecting pending indictable charges on either his application for citizenship or his notice to appear to take the oath of citizenship - He alleged that, at the relevant time, he still had difficulty with English and was experiencing difficulties in his personal life - The Federal Court held that Wysocki obtained his Canadian citizenship by knowingly concealing material circumstances - He selectively chose to ignore the warning paragraphs - He wilfully omitted to disclose that which he knew he ought to have disclosed - Wilful omission constituted "knowingly concealing" within the meaning of ss. 10(1) and 18(1)(b) of the Citizenship Act - See paragraphs 1 to 21.

Aliens - Topic 2548

Naturalization - Disqualifications - Concealing material circumstances - [See Aliens - Topic 2547 ].

Cases Noticed:

Canada (Secretary of State) v. Luitjens (1992), 142 N.R. 173 (F.C.A.), refd to. [para. 15].

Canada (Minister of Citizenship and Immigration) v. Tobiass et al., [1997] 3 S.C.R. 391; 218 N.R. 81, refd to. [para. 15].

Canada (Secretary of State) v. Luitjens (1991), 46 F.T.R. 267 (T.D.), refd to. [para. 15].

Canada (Minister of Citizenship and Immigration) v. Bogutin (1998), 144 F.T.R. 1 (T.D.), refd to. [para. 15].

Canada (Minister of Citizenship and Immigration) v. Coomar (1998), 159 F.T.R. 37 (T.D.), refd to. [para. 15].

Canada (Minister of Citizenship and Immigration) v. Schneeberger (2003), 238 F.T.R. 85; 2003 FC 970, refd to. [para. 15].

Canada (Minister of Citizenship and Immigration) v. Odynsky (2001), 196 F.T.R. 1 (T.D.), refd to. [para. 16].

Canada (Minister of State for Multiculturalism and Citizenship) v. Minhas (1993), 66 F.T.R. 155 (T.D.), refd to. [para. 16].

Apotex Inc. v. Canada (Minister of National Health and Welfare) (2000), 265 N.R. 90; 9 C.P.R.(4th) 289 (F.C.A.), refd to. [para. 22].

Canada v. Amway Corp. et al., [1986] 2 C.T.C. 339; 72 N.R. 211 (F.C.A.), refd to. [para. 22].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22; 174 D.L.R.(4th) 193, refd to. [para. 22].

Statutes Noticed:

Citizenship Act, R.S.C. 1985, c. C-29, sect. 10(1), sect. 18(1)(b) [para. 4].

Counsel:

Lynn Marchildon, for the plaintiff;

Byron Pfeiffer, for the defendant.

Solicitors of Record:

Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the plaintiff;

Pfeiffer & Associates, Ottawa, Ontario, for the defendant.

This reference was heard at Ottawa, Ontario, on October 6, 2003, before Layden-Stevenson, J., of the Federal Court, who delivered the following decision on October 9, 2003.