Judgments

Decision Information

Decision Content

T-2195-79
Secretary of State (Appellant)
v.
Timothy E. Holmes (Respondent)
Trial Division, Collier J.—Vancouver, September 13, 1979.
Citizenship Residency Probation following conviction Whether probationary period can be taken into account in calculating residency requirements Citizenship Act, S.C. 1974-75-76, c. 108, s. 19 Criminal Code, R.S.C. 1970, c. C-34, s. 662(1), as amended by S.C. 1972, c. 13, s. 57.
APPEAL. COUNSEL:
H. J. Wruck for appellant. Barry Sullivan amicus curiae.
SOLICITORS:
Deputy Attorney General of Canada for appellant.
DeBou, Hanson & Sullivan, Vancouver, for amicus curiae.
The following are the reasons for judgment delivered orally in English by
COLLIER J.: The appeal of the Secretary of State is dismissed. I am in agreement with the result reached by the Citizenship Judge, Judge Oreck—that is: The period of time a person is under a probation order pursuant to a conditional discharge is to be taken into account in calculating the residence requirements under the Citizenship Act, S.C. 1974-75-76, c. 108, provided the appli cant successfully completed the probation period.
To put it briefly, it is my view the probation period referred to in section 19 of the Citizenship Act is a period dependent upon a conviction. Where, by virtue of section 662(1) of the Criminal Code, R.S.C. 1970, c. C-34, as amended by S.C. 1972, c. 13, s. 57, there is no conviction, there can be no probation period pursuant to that conviction.
Thank you very much, gentlemen.
 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.