Canada ( Minister of Multiculturalism and Citizenship ) v. Bakayoko
T-603-92
Joyal J.
9/6/93
5 pp.
Application for order varying, rescinding or otherwise reconsidering judgment allowing appeal from denial of citizenship -- On April 11, 1991 respondent pleading guilty to criminal charge under Criminal Code, s. 267 -- Record of proceedings indicating costs of $25 and two-year term of probation -- Citizenship Judge holding conviction under s. 267 bar to grant of citizenship -- Citizenship Act, s. 22(1) disqualifying applicant who otherwise complies with Act if under probation order -- S. 22(2) imposing three-year bar to grant of citizenship if during three-year period immediately preceding application for citizenship or during period between date of application and date when citizenship otherwise would be granted, applicant convicted of indictable offence -- On appeal, Court holding respondent not convicted, but receiving discharge conditional upon payment of costs of $25 and completing two-year probation period on April 11, 1993, as of which date no further bar to grant of citizenship -- Earlier order rescinded, decision of Citizenship Judge confirmed -- Additional evidence leading to conclusion respondent convicted of offence -- Furthermore, appeal filed late -- Under statutory delays in s. 14(5), Court lacking jurisdiction to grant relief from late filing: Araujo (Re), T-1581-92, Joyal J., judgment dated 20/4/93, F.C.T.D., not yet reported -- Neither consent of parties nor Court's discretion can alleviate it -- S. 21 providing no period may be counted as period of residence during which under probation order -- Since residency requirements calling for three years of residency out of four years preceding date of citizenship application, respondent's eligibility for citizenship only acquired April 11, 1996 -- Ss. 21, 22 creating anomaly of shorter prison sentence being preferable to longer probation period for applicant otherwise in position to acquire citizenship -- Citizenship Act, R.S.C., 1985, c. C-29, ss. 14, 21, 22 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 11) -- Criminal Code, R.S.C., 1985, c. C-46, s. 267.