Furtado ( Re )
T-30-93
Strayer J.
24/6/93
3 pp.
Appeal from denial of citizenship for failure to meet residence requirement -- Applicant residing in Canada since obtaining permanent resident status either in 1976 or 1986 -- Applied for citizenship on January 16, 1992 -- During relevant period for calculating residence, on probation for one year during which time also sentenced to one day of imprisonment for two summary conviction offences -- Citizenship Act, s. 21 providing time during which person under probation order or confined in jail may not be counted as period of residence -- Appeal allowed -- No provision that if in jail or on probation after being in Canada for several years all previous residence must be ignored for purpose of s. 5(1)(c) -- During four-year period preceding application, appellant resided in Canada -- By virtue of s. 21(a) one of these years not counted -- "Accumulated" three years of residence required to qualify under s. 5(1)(c) -- Citizenship Act, R.S.C., 1985, c. C-29, ss. 5(1)(c), 21.