Benner v. Canada (Secretary of State)

Benner v. Canada (Secretary of State)
Collection
Supreme Court Judgments
Date
1997-09-23
Report
[1997] 3 SCR 389
Case number
23811
Judges
Lamer, Antonio; La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.
On appeal from
Federal Court of Appeal
Subjects
Action
Notes
SCC Case Information: 23811
Decision Content
Benner v. Canada (Secretary of State), [1997] 3 S.C.R. 389
Mark Donald Benner Appellant
v.
The Secretary of State of Canada and
the Registrar of Citizenship Respondents
and
The Federal Superannuates National Association Intervener
Indexed as: Benner v. Canada (Secretary of State)
File No.: 23811.
1997: September 23.
Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.
judgment
Judgments and orders ‑‑ Provisions of Citizenship Act found to be unconstitutional ‑‑ Judgment as to effect of reasons ‑‑ Citizenship Act, R.S.C., 1985, c. C‑29, ss. 3(1) (c), 5(2) (b), 12(3) , 19 , 20 , 22 ‑‑ Citizenship Regulations, C.R.C., c. 400, s. 20.
JUDGMENT
1 The appeal of the appellant, Mark Donald Benner, is allowed and the judgment of the Federal Court of Appeal[1] is set aside. The decision of the Registrar of Canadian Citizenship dated October 17, 1989, rejecting the appellant’s application for citizenship is quashed and the Registrar is directed to deal with the appellant’s application in accordance with this judgment and the reasons for judgment[2]. The requirement of an oath contained in s. 3(1) (c) of the Citizenship Act shall be read without reference to s. 5(2)(b) of that Act. The words “by a person authorized by regulation to make the application” in s. 5(2) (b) of the Citizenship Act are declared inoperative. Sections 12(3) , 19 , 20 and 22 of the Citizenship Act shall be read without reference to s. 5(2)(b) of that Act. Section 20 of the Citizenship Regulations shall be read without reference to s. 5(2) (b) of the Citizenship Act .
2 Costs are payable to the appellant throughout.
Judgment accordingly.
Solicitors for the appellant: Clark, Wilson, Vancouver.
Solicitor for the respondents: The Attorney General of Canada, Ottawa.
Solicitors for the intervener: Gowling, Strathy & Henderson, Ottawa.
[1] [1994] 1 F.C. 250.
[2] [1997] 1 S.C.R. 358.