Canada (Minister of Citizenship and Immigration) v. Savic, (2014) 456 F.T.R. 38 (FC)

• Judge: Kane, J.
• Court: Federal Court (Canada)
• Case Date: February 25, 2014
• Jurisdiction: Canada (Federal)
• Citations: (2014), 456 F.T.R. 38 (FC);2014 FC 523

Can. (M.C.I.) v. Savic (2014), 456 F.T.R. 38 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2014] F.T.R. TBEd. JN.013

The Minister of Citizenship and Immigration (plaintiff) v. Nedjo Savic (defendant)

(T-929-12; 2014 FC 523; 2014 CF 523)

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

Federal Court

Kane, J.

May 30, 2014.

Summary:

The Minister of Citizenship and Immigration sought a declaration pursuant to s. 18(1)(b) of the Citizenship Act that the defendant obtained his Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances when he applied for permanent residence. The Minister moved for summary judgment.

The Federal Court granted the motion.

Aliens - Topic 2504

Naturalization - General - Revocation (incl. loss of citizenship) - The Federal Court stated that "This Court does not revoke citizenship; rather, it makes a declaration which may lead to the Governor in Council deciding to do so. If such a declaration is made, the defendant will have the opportunity to make submissions to the Governor in Council before his citizenship is revoked. Where the Governor in Council is satisfied that any person has obtained, retained, renounced or resumed citizenship under the Citizenship Act by false representation or fraud or by knowingly concealing material circumstances, that person ceases to be a citizen. The defendant may seek judicial review of such a decision of the Governor in Council. ... The Governor in Council is not precluded from considering the current circumstances of the defendant which may be relevant to the exercise of discretion whether to revoke his citizenship, but which do not change the facts as established by the [Minister of Citizenship and Immigration] with respect to section 10 of the [Citizenship] Act." - See paragraphs 5 to 9.

Aliens - Topic 2504

Naturalization - General - Revocation (incl. loss of citizenship) - The Minister of Citizenship and Immigration sought a declaration pursuant to s. 18(1)(b) of the Citizenship Act that the defendant obtained his Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances - If successful, the Minister would be entitled to make a report to the Governor in Council pursuant to s. 10, which could result in the defendant ceasing to be a Canadian citizen - At issue was whether an intention to mislead was an element of s. 10 - The Federal Court stated that "The overall goal of section 10 is to ensure that persons who have obtained permanent resident status and citizenship by providing false information or by withholding information that is material to the decision will not continue to benefit from that status. In my view, intent to mislead the decision maker is required for all conduct referred to in section 10. That intention must be established on a balance of probabilities; the [Minister] must provide some evidence of intention or some evidence from which a reasonable inference of intention to mislead can be drawn." - See paragraphs 50 to 81.

Aliens - Topic 2504

Naturalization - General - Revocation (incl. loss of citizenship) - In 1995, Savic shot his neighbour in Bosnia and Herzegovina with a firearm - He was charged with attempted homicide, detained for two months and then released pending trial - While awaiting trial, Savic applied for permanent residence in Canada - He declared on his application that he had never committed a crime, never had any contact with state security services, and never had problems with the police - Savic became a permanent resident in 1999 - He was convicted in Bosnia and Herzegovina in 2000 - His conviction was set aside on appeal in 2002 and a new trial was ordered - That trial never took place because Savic left the country - He became a Canadian citizen in 2003 - The Minister of Citizenship and Immigration sought a declaration that Savic obtained his citizenship by false representation or fraud or by knowingly concealing material circumstances when he applied for permanent residence - Savic argued that he did not intend to mislead the decision maker when he applied for permanent residence - The Federal Court granted the Minister's motion for summary judgment - There was no genuine issue for trial - Savic knowingly concealed material circumstances and made false representations - He knew the purpose of the application form, gave evasive and false answers, and concealed significant information regarding the charges he faced - His intention to mislead could be reasonably inferred from his conduct - If he did not intend to mislead, he was wilfully blind to the fact that the answers provided would mislead or deceive - See paragraphs 101 to 122.

Aliens - Topic 2548

Naturalization - Disqualifications - Making false representation or concealing material circumstances - [See third Aliens - Topic 2504 ].

Practice - Topic 5702

Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate - Savic was charged with attempted murder in Bosnia and Herzegovina in 1995 - In his permanent residence application in 2000, Savic declared that he had never committed a crime, had any contact with state security services, or had problems with the police - Savic became a permanent resident and ultimately a Canadian citizen - He now suffered from Parkinson's disease and dementia - The Minister of Citizenship and Immigration sought a declaration that Savic obtained his citizenship by false representation or fraud or by knowingly concealing material circumstances when he applied for permanent residence - The Federal Court granted the Minister's motion for summary judgment, as there was no genuine issue for trial (Savic clearly intended to mislead the decision maker when he applied for permanent residence) - The court stated that "This case does raise circumstances that require the Court to carefully heed the guidance from the jurisprudence to proceed with caution in considering a summary judgment as it precludes [Savic] his 'day in court.' I am aware of the significant consequences of revocation of citizenship for this elderly defendant who has been in Canada for 15 years and is now in poor health. However, these circumstances do not overcome the facts as established by the [Minister]. ... it may be that such circumstances will be considered in the submissions to the Governor in Council." - See paragraphs 120 and 121.

Cases Noticed:

Canada (Minister of Citizenship and Immigration) v. Rogan (2011), 396 F.T.R. 47; 2011 F 1007, refd to. [para. 6].

Canada (Minister of Citizenship and Immigration) v. Dinaburgsky (2006), 300 F.T.R. 146; 2006 FC 1161, refd to. [para. 8].

Granville Shipping Co. v. Pegasus Lines Ltd. S.A. et al., [1996] 2 F.C. 853; 111 F.T.R. 189 (T.D.), refd to. [para. 10].

MacNeil et al. v. Canada (Minister of Indian Affairs and Northern Development) (2004), 316 N.R. 349; 2004 FCA 50, refd to. [para. 10].

Canada (Minister of Citizenship and Immigration) v. Campbell, [2014] F.T.R. Uned. 223; 2014 FC 40, refd to. [para. 11].

Canada (Minister of Citizenship and Immigration) v. Schneeberger (2003), 238 F.T.R. 85; 2003 FC 970, refd to. [para. 12].

Canada (Minister of Citizenship and Immigration) v. Laroche, [2008] F.T.R. Uned. 372; 2008 FC 528, refd to. [para. 13].

Hryniak v. Mauldin (2014), 453 N.R. 51; 2014 SCC 7, refd to. [para. 15].

Minister of Manpower and Immigration v. Brooks, [1974] S.C.R. 850, refd to. [para. 29].

Canada (Minister of Citizenship and Immigration) v. Odynsky (2001), 196 F.T.R. 1; 2001 FCT 138, refd to. [para. 29].

Goudarzi et al. v. Canada (Minister of Citizenship and Immigration), [2012] F.T.R. Uned. 301; 2012 FC 425, refd to. [para. 40].

Canada (Minister of State for Multiculturalism and Citizenship) v. Minhas (1993), 66 F.T.R. 155; 21 Imm. L.R.(2d) 31 (T.D.), refd to. [para. 58].

Canada (Minister of Citizenship and Immigration) v. Phan (2003), 240 F.T.R. 239; 2003 FC 1194, refd to. [para. 63].

Bruno Appliance and Furniture Inc. v. Hryniak (2014), 453 N.R. 101; 314 O.A.C. 49; 2014 SCC 8, refd to. [para. 70].

Canada (Minister of Citizenship and Immigration) v. Thiara (2014), 449 F.T.R. 214; 2014 FC 220, refd to. [para. 77].

Statutes Noticed:

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

Counsel:

Gregory G. George and Rafeena Rashid, for the plaintiff;

Mario D. Bellissimo and Sindura Dar, for the defendant.

Solicitors of Record:

William F. Pentney, Deputy Attorney General of Canada, Toronto, Ontario, for the plaintiff;

Bellissimo Law Group, C.S., Toronto, Ontario, for the defendant.

This motion was heard at Toronto, Ontario, on February 25, 2014, before Kane, J., of the Federal Court, who delivered the following judgment and reasons at Ottawa, Ontario, on May 30, 2014.