Conille v. Canada (Ministre de la Citoyenneté et de l'Immigration), (1998) 159 F.T.R. 215 (TD)

• Judge: Tremblay-Lamer, J.
• Court: Federal Court (Canada)
• Case Date: October 13, 1998
• Jurisdiction: Canada (Federal)
• Citations: (1998), 159 F.T.R. 215 (TD)

Conille v. Can. (M.C.I.) (1998), 159 F.T.R. 215 (TD)

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: [1998] F.T.R. TBEd. NO.041

Jean Conille (demandeur) v. Le Ministre de la Citoyenneté et de l'Immigration (défendeur)

(T-1063-98)

Indexed As: Conille v. Canada (Ministre de la Citoyenneté et de l'Immigration)

Federal Court of Canada

Trial Division

Tremblay-Lamer, J.

October 30, 1998.

Summary:

Conille filed an application for citizenship on August 7, 1995. An investigation by the Canadian Security Intelligence Service had not been completed and the citizenship application had not been processed. Conille applied for mandamus to direct the Minister to process his citizenship application.

The Federal Court of Canada, Trial Divi­sion, allowed the application. Conille met the requirements for the issuance of a writ of mandamus.

Administrative Law - Topic 3503

Judicial review - Mandamus - When avail­able - [See both Aliens - Topic 2503 ].

Aliens - Topic 2503

Naturalization - Duty of authorities to process applications - Conille filed an application for citizenship on August 7, 1995 - An investigation by the Canadian Security Intelligence Service (CSIS) had not been completed and the citizenship application had not been processed - Con­ille applied for mandamus to direct the Minister to process his citizenship applica­tion - The Federal Court of Canada, Trial Division, allowed the application where Conille met the requirements for the issuance of a writ of mandamus - The delay in processing Conille's citizenship application was unreasonable and amounted to an implied refusal - The court also held that CSIS usurped the decision making powers conferred on the Registrar and the citizenship judge.

Aliens - Topic 2503

Naturalization - Duty of authorities to process applications - Conille filed an application for citizenship on August 7, 1995 - An investigation by the Canadian Security Intelligence Service (CSIS) had not been completed and the citizenship application had not been processed - Con­ille applied for mandamus to direct the Minister to process his citizenship applica­tion - The Federal Court of Canada, Trial Division, allowed the application - The Registrar was to inform CSIS that unless justification for continuing the investiga­tion was provided as soon as the Registrar considered appropriate, the investigation would be considered closed - If there were serious reasons to justify continuing the investigation, the Registrar was to inform Conille that the investigation was continu­ing and the processing of his application was suspended until the investigation was completed - If there were no serious rea­sons or a reply was not received, the Reg­istrar was to assume that the investigation was closed and forward the application to the citizenship judge - See paragraphs 32 to 35.

National Security - Topic 1108

Canadian Security Intelligence Service - Security intelligence review committee - Investigation of security threats - Aliens - [See both Aliens - Topic 2503 ].

Cases Noticed:

Apotex Inc. v. Merck & Co. and Merck Frosst Canada Inc., [1994] 1 F.C. 742; 162 N.R. 177 (F.C.A.), refd to. [para. 8, footnote 5].

Lee v. Canada (Secretary of State) and Registrar of Citizenship (1987), 16 F.T.R. 314 (T.D.), refd to. [para. 17, footnote 7].

Civil Service Association of Alberta, Branch 45 and Alberta Human Rights Commission et al., Re (1975), 62 D.L.R.(3d) 531 (Alta. S.C.), refd to. [para. 21, footnote 9].

Bhatnager v. Minister of Employment and Immigration and Canada (Secretary of State for External Affairs), [1985] 2 F.C. 315 (T.D.), refd to. [para. 21, footnote 10].

Counsel:

Jean-Ernest Pierre and Jean Casimir, for the applicant;

Pascale-Catherine Guay and Josée Paquin, for the respondent.

Solicitors of Record:

Jean-Ernest Pierre, Montreal, Quebec, for the applicant;

Morris Rosenberg, Deputy Attorney Gen­eral of Canada, Ottawa, Ontario, for the respondent.

This application was heard on October 13, 1998, at Montreal, Quebec, before Tremblay-Lamer, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on October 30, 1998.