Date: 19980917
Docket: T-2408-96
OTTAWA, ONTARIO, THIS 17TH DAY OF SEPTEMBER 1998
PRESENT: THE HONOURABLE MR. JUSTICE NADON
IN THE MATTER of revocation of citizenship pursuant to sections 10 and 18
of the Citizenship Act, R.S.C. 1985, ch. C-29, as amended, and section 19
of the Canadian Citizenship Act, R.S.C. 1952, c. 33, 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
BETWEEN:
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Applicant
- and -
VLADIMIR KATRIUK
Respondent
ORDER AND REASONS FOR ORDER
Mr. Kenneth M. Narvey seeks leave to intervene in these proceedings for the purpose of raising an issue as to whether I should recuse myself on the grounds of a reasonable apprehension of bias.
With respect to the merits of this issue, both parties to the proceedings have indicated that they will oppose Mr. Narvey if he is granted leave to intervene. However, counsel for the Minister is of the view that Mr. Narvey should be allowed to intervene.
Final arguments took place in Montreal on July 2 and 3, 1998, following which I reserved judgment. I expect to render judgment sometime in October. I have considered the arguments and the jurisprudence submitted by Mr. Narvey and the parties and I am of the view that leave should not be granted to Mr. Narvey. I am of the opinion that the issue which Mr. Narvey wishes to raise is one that can only be raised by the parties. Only then should a non-party be allowed to intervene and participate in the debate. I wish to add that had the Minister or Mr. Katriuk raised the issue, I would, in those circumstances, have allowed Mr. Narvey to intervene.
Consequently, Mr. Narvey's motion for leave to intervene is dismissed.
"MARC NADON"
JUDGE