T-202-96
OTTAWA, ONTARIO, THIS 20th DAY OF AUGUST 1997
BEFORE THE HONOURABLE MR. JUSTICE ROULEAU
IN THE MATTER OF THE Citizenship Act,
R.S.C. 1985, c. C-29,
AND IN THE MATTER OF an appeal from a decision
of a Citizenship judge,
AND IN THE MATTER OF
Anna Rita La Carruba,
Appellant.
JUDGMENT
The appeal is allowed.
P. ROULEAU
JUDGE
Certified true translation
C. Delon, LL.L.
T-202-96
IN THE MATTER OF THE Citizenship Act,
R.S.C. 1985, c. C-29,
AND IN THE MATTER OF an appeal from a decision
of a Citizenship judge,
AND IN THE MATTER OF
Anna Rita La Carruba,
Appellant.
REASONS FOR JUDGMENT
ROULEAU J.
The appellant has appealed from the decision of citizenship judge dated December 5, 1995, denying her Canadian citizenship on the ground that she had not proved that she had an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as required by paragraph 5(1)(e) of the Citizenship Act. The citizenship judge determined that no recommendation should be made under subsection 15(1) of the Act that the Minister exercise discretion under subsections 5(3) and (4) to grant citizenship on compassionate grounds or by reason of special hardship.
The appellant was unable to answer the following questions before the citizenship judge:
[translation]
| Who is the Governor General of Canada? Who may vote in federal elections? How old must you be to vote? Why is there a census? Of what political party is Mr. Chrétien the leader? Of what political party is Mr. Parizeau the leader? When did Confederation occur in Canada? In what province is Ottawa located? |
In her notice of appeal, the appellant submitted that she is the mother of three children and that since her arrival in Canada in 1985 she has always stayed at home to look after her family. Her husband has been a Canadian citizen for over 24 years. She seemed to be submitting that the citizenship judge should have recommended that the Minister exercise his discretion under subsection 5(4) of the Act on compassionate grounds.
Since appeals to the Federal Court under subsection 14(5) of the Citizenship Act are appeals de novo, I may consider all of the evidence before me, including the testimony of the appellant and of any other witness.
The appellant was born in Genk, Belgium, on November 8, 1959; shortly after she was born, her family settled in Italy. On October 23, 1984, she married a naturalized Canadian citizen in Italy. She arrived in Canada on February 9, 1985. She then gave birth to three children, the first in May 1986, the second in June 1987 and the third in December 1992.
Ms. La Carruba appeared before me in Montréal on May 13, 1997. She explained that she had gone to school for only two years. Despite her limited intellectual capacity, it was plain that she had put a great deal of effort into familiarizing herself with the material that is distributed to applicants for citizenship. She was able to name the premier of Quebec and the party he represents, and knew that Canada Day is celebrated on July 1. When she was questioned by the amicus curiae about the privileges of citizenship, Ms. La Carruba replied that a Canadian citizen was entitled to vote and could obtain a passport so that he or she could travel abroad.
Because the appellant has been in Canada for a great many years and her husband and children are all Canadian citizens, and it is plain that she has acquired the knowledge required since her appearance before the citizenship judge, I allow her appeal.
P. ROULEAU
JUDGE
OTTAWA, Ontario
August 20, 1997
Certified true translation
C. Delon, LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO: T-202-96
STYLE OF CAUSE: Citizenship Act v. Anna Rita La Carruba
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 13, 1997
REASONS FOR JUDGMENT OF Rouleau J.
DATED: August 20, 1997
APPEARANCES:
Anna Rita La Carruba The appellant
Montréal, Quebec
Jean Caumartin Amicus curiae
Montréal, Quebec
SOLICITORS OF RECORD:
Anna Rita La Carruba The appellant
Montréal, Quebec
Jean Caumartin Amicus curiae
Montréal, Quebec