Judgments

Decision Information

Decision Content

A-883-77
Marie Yolene Germain and Wilson Germain (Appellants)
v.
Guy Malouin and Minister of Manpower and Immigration (Respondents)
and
Attorney General of Canada (Mis -en-cause)
Court of Appeal, Jackett C.J. and Pratte J. and Lalande D.J.—Montreal, June 21, 1979.
Immigration — Immigration privileges accorded to the mother of an illegitimate child and not to the father of an illegitimate child by Immigration Regulations — Whether or not the Regulations created inequality before the law by reason of sex contrary to the Canadian Bill of Rights Whether or not the Regulations were unauthorized because of implied limitation on regulation making power that would prevent the making of discriminatory regulations — Immigra tion Regulations, Part I, SOR/62-36 as amended.
APPEAL. COUNSEL:
J. Grey for appellants.
D. Marecki for respondents and mis -en-cause.
SOLICITORS:
Lazare & Altschuler, Montreal, for appel lants.
Deputy Attorney General of Canada for respondents and mis -en-cause.
The following are the reasons for judgment of the Court delivered orally in English by
JACKETT C.J.: Apart from all the other difficul ties in the way of the success of this appeal, it is common ground that the appeal cannot succeed unless the immigration privileges accorded to the mother of an illegitimate child and not to the father of an illegitimate child by the Immigration Regulations either,
(a) created an inequality before the law by reasons of sex within the Canadian Bill of Rights, or,
(b) was unauthorized by reason of an implied limitation on the regulation making power that would prevent the making of discriminatory regulations.
We are not satisfied that the difference between the relationship of a mother to an illegitimate child and the relationship of an illegitimate child to its natural father was not a proper basis for the making of such a legislation distinction.
The appeal will, therefore, be dismissed with costs.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.