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CIVIL PROCEDURE - Judgments and orders - Enforcement - Stay of

Thursday, January 09, 2020 @ 6:24 AM  


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Motion by the Minister for a stay of a decision finding that the respondent was a Canadian citizen pending the Minister’s application for leave to appeal to the Supreme Court of Canada and, if leave was granted, the determination of the appeal. The appellant was born in Canada in 1994. His parents were Russian citizens who were then living in Canada under assumed identities. The respondent did not know that his parents were living under false identities until they were arrested in the US in 2010. His family name was then changed to reflect the true identity of his parents.

HELD: Motion dismissed. Any harm to the reputation or integrity of Canadian citizenship that would arise because of a passport and certificate of citizenship being issued to the respondent who was born in Canada and who, through no fault of his own, could lose his citizenship if the Supreme Court of Canada should overturn the decision of this Court, would be minimal. The certificate of citizenship and passport could be revoked. In weighing the relative harm, the respondent would suffer the more significant harm.

Payuket v. Canada (Minister of Public Safety and Emergency Preparedness), [2019] F.C.J. No. 1336, Federal Court, P. Crampton C.J., November 19, 2019. Digest No. TLD-January62020007