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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

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