Date: 19971205
File: T-2193-96
Between:
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
Fatima Wardi,
Appellant.
JUDGMENT
ROULEAU J.
[1] The appeal is allowed.
"P. ROULEAU"
Judge
Certified true translation
C. Delon, LL.L.
Date: 19971205
File: T-2193-96
Between:
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
Fatima Wardi,
Appellant.
REASONS FOR JUDGMENT
ROULEAU J.
[1] The appellant has appealed from the decision of the citizenship judge dated July 15, 1996, 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 provided by paragraph 5(1)(e) of the Citizenship Act. The citizenship judge further determined that no recommendation should be made to the Minister under subsection 15(1) of the Act that he exercise his discretion under subsections 5(3) and (4) to grant citizenship on compassionate grounds or to alleviate a case of special hardship.
[2] Before the citizenship judge, the appellant could not answer questions relating to the following subjects:
- Canada
- the political history of Canada
- the privileges of citizenship
- the formalities of enumeration for elections and of voting
- the responsibilities associated with Canadian citizenship.
[3] In her notice of appeal, the appellant submits that she did not do well in her hearing before the citizenship judge because she had not read the questionnaire concerning citizenship carefully.
[4] The appellant was born in Beni Mellal, Morocco, on January 1, 1963. She was admitted to Canada on March 8, 1992 and obtained permanent residence on the same date. She is married to a Canadian citizen.
[5] The appellant appeared before me at Montréal on November 26, 1997, and was questioned by the amicus curiae. She explained to the Court that she is a resident of Ville LaSalle on the outskirts of Montréal and that she is the mother of a two-year-old girl.
[6] She knew the name of the Prime Minister of Canada, Jean Chrétien, and knew that he is the leader of the Liberal Party. She knew that Lucien Bouchard is the premier of Quebec and that he heads the Parti Québécois. She also knew the name of the mayor of her municipality.
[7] She was able to name eight of the ten Canadian provinces.
[8] In discussing the privileges of Canadian citizenship, she stated that a Canadian citizen has the right to hold a passport that allows him or her to travel abroad and has the right to vote; she knew that one must be on the voter's list in order to go to a polling station to vote.
[9] With respect to the responsibilities of Canadian citizens, she stated that they must obey the law and respect other people's property.
[10] With the support of the amicus curiae, I recommend that the Minister grant this appellant citizenship.
"P. ROULEAU"
JUDGE
OTTAWA, Ontario
December 5, 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-2193-96
STYLE OF CAUSE: Citizenship Act v. Fatima Wardi
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: November 26, 1997
REASONS FOR JUDGMENT OF THE HONOURABLE MR. JUSTICE ROULEAU
DATED DECEMBER 5, 1997
APPEARANCES:
Fatima Wardi REPRESENTING HERSELF
Jean Caumartin FOR THE AMICUS CURIAE
SOLICITORS OF RECORD:
Jean Caumartin FOR THE AMICUS CURIAE
Montréal, Quebec