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In re Ralph P. Goldston (Appellant)
Citizenship Appeal Court, Collier J.—Hamilton, April 11, 1972.
Citizenship—Residence, meaning—Applicant not physi cally present for required time—Canadian Citizenship Act, R.S.C. 1970, c. C-19, s. 10(1)(b).
An applicant for citizenship claimed to have resided in Canada for at least 12 months between December 18, 1969, and June 18, 1971, but was only physically in, Canada two to three months of that period.
Held, his application must be refused.
Blaha v. Minister of Citizenship & Immigration [1971] F.C. 521.
APPEAL from Citizenship Court.
D. Cooper, Q.C. for appellant. Joseph C. Scime, amicus curiae.
COLLIER J.—I am prepared to give judgment now.
In this case, the appellant's application for Canadian citizenship was refused by the Citi zenship Court on the grounds the appellant had not satisfied the Court that he had qualified within section 10(1)(b) of the Canadian Citizen ship Act, R.S.C. 1952, c. 33, as amended.
The appellant's application was made on June 18, 1971, and as I read the section I have referred to, he must have resided in Canada for at least twelve months during the period December 18, 1969, to June 18, 1971.
On the evidence before the Court, and indeed before the Court below, he was only physically in Canada for approximately two to three months of that period. I cannot distinguish this case from the decision of Mr. Justice Pratte of this Court, that is the Citizenship Court of Appeal, in the case of In re Blaha [[19711 F.C. 521] handed down December 9, 1971. The facts in the Blaha case are very similar to the facts here, and I am unable to distinguish the Blaha case from this one.
In those circumstances, I must, I feel, follow the Blaha decision in the interests of certainty and uniformity, but I add this: I agree with the interpretation given by Mr. Justice Pratte to the word "residence" as used in section 10(1)(b). On the facts here, the appellant has not met the requirements within the meaning given to the word "residence" by Mr. Justice Pratte.
Mr. Goldston, I am sorry, but I must there fore dismiss your appeal, although I regretfully do so, because you seem otherwise to qualify under the Canadian Citizenship Act.
Thank you, Mr. Cooper, for your submis sions, and thank you Mr. Scime for your assist ance as amicus curiae.
The appeal is therefore dismissed.
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