T-2162-96
IN THE MATTER OF THE CITIZENSHIP ACT,
R.S.C. 1985, c. C-29
AND IN THE MATTER OF an appeal from the
decision of a Citizenship Judge
AND IN THE MATTER OF
HEATHER HOPE MITCHELL
Appellant.
REASONS FOR ORDER
Let the attached certified transcript of my Reasons for Order delivered orally from the Bench at Toronto, Ontario on October 8, 1997, be filed to comply with s. 51 of the Federal Court Act.
Howard I. Wetston
Judge
Court File No. T-2162-96
FEDERAL COURT OF CANADA
TRIAL DIVISION
B E T W E E N:
HEATHER HOPE MITCHELL
Applicant
- and -
CITIZENSHIP ACT
Respondent
BEFORE: THE HONOURABLE MR. JUSTICE WETSTON
HELD AT: The Federal Court, 330 University Avenue, Toronto, Ontario. |
DATE: October 8th, 1997.
REGISTRAR: R. CLAPHAM
REASONS FOR DECISION
A P P E A R A N C E S:
MS. H.H. MITCHELL The Applicant
P. LARGE, ESQ. Amicus Curiae
HIS LORDSHIP: In the matter of Heather Hope Mitchell I have considered the evidence before me, and it is clear that this matter is a de novo matter before the Court, but in my review of the evidence and the decision of the Citizenship Judge there appears to be no reference whatsoever to the mental condition of Ms. Mitchell.
I am satisfied that efforts were made by Ms. Mitchell's parents to bring that to the attention of the officials from Citizenship and Immigration Canada as well as the Citizenship Judge. What is particularly peculiar in this matter is the fact that it would appear that Judge Robertson held the hearing and the parents of Ms. Mitchell were not allowed to present any evidence at that hearing or to speak on her behalf because of her medical disability.
What is peculiar as I mentioned a moment ago is the letter not approving citizenship makes no reference to mental disability nor is the letter signed by Judge Robertson. The letter is signed by a Judge Akbarali who does not appear to have been the Judge who conducted the citizenship hearing.
It would appear to be a fundamental principle that he who hears must decide. I would suggest that that would apply to any official exercising a quasi judicial function as do these Judges in citizenship matters. Nevertheless, while I have no explanation as to what went on here I am of the opinion that given the evidence provided to me by Ms. Mitchell's parents, that Ms. Mitchell clearly suffers from some form of mental disability.
On that basis it is my opinion that the appeal ought to be allowed and in this regard I would recommend that the Minister exercise a discretion on compassionate grounds pursuant to section 5(3)(c) of the Citizenship Act.
CERTIFIED CORRECT,
Lennox T. Brown, F.I.P.S.
Verbatim Reporter
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: T-2162-96
STYLE OF CAUSE: The Citizeship Act and Heather Hope Mitchell
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: October 8, 1997
REASONS FOR ORDER OF: The Honourable Mr. Justice Wetston
DELIVERED FROM THE BENCH: October 8, 1997
APPEARANCES:
Mr. Veira Mitchell For the Appellant
Mr. Peter K. Large Amicus Curiae
SOLICITORS OF RECORD:
Mr. Peter K. Large Barrister and Solicitor Toronto, Ontartio Amicus Curiae