CONSTITUTIONAL LAW
Charter of Rights
Equality Rights
Judicial review of decision by Passport Canada denying applicant Canadian passport—Applicant born in Canada to parents with diplomatic status—Passport previously issued to him in error—Application for replacement refused on ground not Canadian citizen according to Citizenship Act, R.S.C., 1985, c. C-29, s. 3(2)—S. 3(2)(a), (c) not offending Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15—Three-stage analysis: (1) s. 3(2) imposing differential treatment between classes of persons; (2) distinction based on diplomatic status not enumerated or analogous ground; (3) diplomats, families enjoy privileges, immunities; not suffering discrimination on basis of s. 3(2)—Because conditions of s. 3(2)(a), (c) consistent with standards of international law, meeting requirements of being demonstrably justified in free, democratic society.
Al-Ghamdi v. Canada (Minister of Foreign Affairs and International Trade) (T-1593-06, 2007 FC 559, Shore J., judgment dated 31/5/07, 22 pp.)