Canada (Minister of Citizenship and Immigration) v. Dueck, (1998) 154 F.T.R. 241 (TD)
Judge | Noël, J. |
Court | Federal Court (Canada) |
Case Date | October 13, 1998 |
Jurisdiction | Canada (Federal) |
Citations | (1998), 154 F.T.R. 241 (TD) |
Can. (M.C.I.) v. Dueck (1998), 154 F.T.R. 241 (TD)
MLB headnote and full text
Temp. Cite: [1998] F.T.R. TBEd. NO.016
The Minister of Citizenship and Immigration (applicant) v. Johann Dueck (respondent)
(T-938-95)
Indexed As: Canada (Minister of Citizenship and Immigration) v. Dueck
Federal Court of Canada
Trial Division
Noël, J.
October 16, 1998.
Summary:
In 1996, the Minister of Citizenship and Immigration notified Dueck that his citizenship could be revoked on the grounds that it was obtained by false representations or fraud or by knowingly concealing material circumstances, namely, that he failed to divulge to Canadian officials his membership in the Selidovka district police and his participation in the executions of civilians and prisoners-of-war in the German occupied Ukraine from 1941 to 1943. The matter was referred to the court. The Minister later withdrew the allegation that Dueck participated in the executions. Dueck sought an order dismissing the reference on the basis that there was no reasonable cause of action, that the pleadings were immaterial, irrelevant, scandalous or vexatious, and that summary judgment should be granted as there was no genuine issue for trial.
The Federal Court of Canada, Trial Division, dismissed the motion.
Editor's Note: for other proceedings involving the same parties see 139 F.T.R. 262, 146 F.T.R. 89 and 147 F.T.R. 157, [1997] F.T.R. Uned. 637, [1998] F.T.R. Uned. 273, [1998] F.T.R. Uned. 487.
Aliens - Topic 2504
Naturalization - General - Revocation - The Federal Court of Canada, Trial Division, reviewed its jurisdiction to hear a reference to revoke citizenship obtained by false representation or fraud or by knowingly concealing material circumstances - The court stated that a Notice in Respect of Revocation of Citizenship had to convey to the person concerned both the essence of the alleged false representation and the intent to seek revocation as a result thereof - The matter referred to the court pursuant to s. 18 of the Citizenship Act was "the case" as set out by the Minister in the Notice - In the reference, the Minister could not seek a determination on an issue that did not come within "the case" set out by the Minister in the Notice - The Notice circumscribed the ambit of the reference -See paragraphs 20 to 25.
Aliens - Topic 2504
Naturalization - General - Revocation - The Minister sought to revoke Dueck's citizenship alleging in a Revocation Notice that it was obtained, inter alia, by false representations concerning his membership in the police and participation in executions in the Ukraine during the German occupation - The Minister later withdrew the allegation of participation in executions - Dueck sought an order dismissing the reference arguing that there was no reasonable cause of action, that the pleadings were immaterial, irrelevant, scandalous or vexatious, and that there was no genuine issue for trial - He argued that the allegations in the Notice were cumulative - Having withdrawn an allegation, the Minister could no longer prove the cumulative case - The Federal Court of Canada, Trial Division, dismissed the motion - There were two separate allegations - The Notice only defined the case in a summary way which did not invite the type of scrutiny advocated by Dueck - See paragraphs 26 to 29.
Statutes Noticed:
Citizenship Act, R.S.C. 1985, c. C-29, sect. 10, sect. 18(1) [para. 21].
Federal Court Rules, rule 920(a) [para. 23]; rule 920(b) [para. 24].
Counsel:
Paul Vickery, Terry Beitner and Rob McKinnon, for the applicant;
Donald Bayne, for the respondent;
Peter Doody and Larry Elliot, for the respondent.
Solicitors of Record:
Morris Rosenberg, Deputy Attorney General of Canada, Ottawa, Ontario, for the applicant;
Bayne, Sellar, Boxall, Ottawa, Ontario, for the respondent;
Scott & Aylen, Ottawa, Ontario, for the respondent.
This motion was heard on October 13, 1998, at Ottawa, Ontario, before Noël, J., of the Federal Court of Canada, Trial Division, who delivered the following reasons for order on October 16, 1998.
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...Distributing Ltd., [1997] N.R. Uned. 49 (F.C.A.), refd to. [para. 11]. Canada (Minister of Citizenship and Immigration) v. Dueck (1998), 154 F.T.R. 241 (T.D.), refd to. [para. Canada (Minister of Citizenship and Immigration) v. Odynsky, [1999] F.C.J. No. 746 (T.D.), refd to. [para. 16].......
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Canada (Minister of Citizenship and Immigration) v. Fast, 2003 FC 1139
...as enacted from time to time" - See paragraphs 100 to 113. Cases Noticed: Canada (Minister of Citizenship and Immigration) v. Dueck (1998), 154 F.T.R. 241 (T.D.), refd to. [para. Canada (Minister of Citizenship and Immigration) v. Odynsky (1999), 166 F.T.R. 255 (T.D.), refd to. [para. 16]......
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Canada (Minister of Citizenship and Immigration) v. Dueck, (1998) 155 F.T.R. 1 (TD)
...Editor's Note: for previous proceedings in this matter see 130 F.T.R. 262 , 146 F.T.R. 89 , 147 F.T.R. 157 ; 154 F.T.R. 265 , 154 F.T.R. 241, 156 F.T.R. 150 ; [1997] F.T.R. Uned. 637 , [1998] F.T.R. Uned. 273 and [1998] F.T.R. Uned. Aliens - Topic 2504 Naturalization - General - Re......
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Fast v. Canada (Minister of Citizenship and Immigration), (2000) 186 F.T.R. 16 (TD)
...Distributing Ltd., [1997] N.R. Uned. 49 (F.C.A.), refd to. [para. 11]. Canada (Minister of Citizenship and Immigration) v. Dueck (1998), 154 F.T.R. 241 (T.D.), refd to. [para. Canada (Minister of Citizenship and Immigration) v. Odynsky, [1999] F.C.J. No. 746 (T.D.), refd to. [para. 16].......
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Canada (Minister of Citizenship and Immigration) v. Fast, 2003 FC 1139
...as enacted from time to time" - See paragraphs 100 to 113. Cases Noticed: Canada (Minister of Citizenship and Immigration) v. Dueck (1998), 154 F.T.R. 241 (T.D.), refd to. [para. Canada (Minister of Citizenship and Immigration) v. Odynsky (1999), 166 F.T.R. 255 (T.D.), refd to. [para. 16]......
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Canada (Minister of Citizenship and Immigration) v. Dueck, (1998) 155 F.T.R. 1 (TD)
...Editor's Note: for previous proceedings in this matter see 130 F.T.R. 262 , 146 F.T.R. 89 , 147 F.T.R. 157 ; 154 F.T.R. 265 , 154 F.T.R. 241, 156 F.T.R. 150 ; [1997] F.T.R. Uned. 637 , [1998] F.T.R. Uned. 273 and [1998] F.T.R. Uned. Aliens - Topic 2504 Naturalization - General - Re......