Canada ( Minister of Citizenship and Immigration ) v. Malik
T-2522-95
Gibson J.
4/4/97
9 pp.
Application for declaration respondent obtained Canadian citizenship by false representations or by knowingly concealing material circumstances-Respondent entered Canada as landed immigrant on February 20, 1973-Applied for Canadian citizenship on January 6, 1986-Not mentioning absences from Canada since date of entry as landed immigrant-From 1975 to 1984, respondent worked on full-time basis in Pakistan, although returning to Canada for holiday periods-Statement voluntarily signed, fully understood by respondent-Explanation provided by counsel for respondent not precluding Court from drawing adverse inference-Adverse inference not justified where witness equally available to both parties-Respondent not equally available to both parties even though in courtroom-Court drawing adverse inference: if respondent had testified, he would have had to acknowledge statement voluntarily given, understood it and signed it-In requesting reference, respondent aware of allegations against him and that allegations set forth in notice in sufficient particularity-No breach of duty of fairness-Applicant's evidence, uncontradicted and taken as a whole, sufficient to discharge onus to establish respondent knowingly concealed circumstances relevant to application for Canadian citizenship-Circumstances material given terms of Citizenship Act, s. 5(1)(c)-No basis for conclusion respondent's Charter rights violated-No breach of duty of fairness caused by long delay between time when respondent's statement obtained and provision of notice of intention to pursue revocation of respondent's citizenship-No evidence respondent prejudiced by delay-Respondent obtained Canadian citizenship by knowingly concealing material circumstances-Citizenship Act, R.S.C., 1985, c. C-29, s. 5(1)(c).