Canada (Citizenship and Immigration) v. Houchaine

Canada (Citizenship and Immigration) v. Houchaine

Summary judgment was granted because uncontradicted UAE travel records, institutional confirmations and related documents showed it was more probable than not that each defendant resided in Dubai for much of the relevant period and therefore made false representations or knowingly concealed material circumstances in their citizenship applications; the defendants failed to adduce specific evidence to raise a genuine issue for trial, their limitation defence failed, their request to discover a non-party was dilatory and unsubstantiated, and their s.7 Charter counterclaim did not raise a triable issue.

Citation
2014 FC 342
Parties
Plaintiff/defendant by Counterclaim: The Minister of Citizenship and Immigration; Defendant/plaintiff by Counterclaim: Boutros Naim Houchaime; Defendant/plaintiff by Counterclaim: Jacqueline Mousa El-Skayer; Defendant/plaintiff by Counterclaim: Lynn Boutros Hochaime; Defendant/plaintiff by Counterclaim: Jennifer Boutros Hochaime
Court
Federal Court
Jurisdiction
Canada
Judgment Date
9 April 2014
Procedural Posture
Reference Under Paragraph 18(1)(b) of the Citizenship Act (citizenship Revocation) / Motion for Summary Judgment (no Trial)
Outcome
Summary judgment for the Minister: declarations that each defendant obtained Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances; defendants' counterclaim dismissed; solicitor and client costs awarded to Minister.
Legal Topics
Citizenship Revocation, False Representation, Fraud, Residency Requirements, Summary Judgment, Limitation Period, Charter S.7 Challenge
Source Language
English
Immigration Law Citizenship Law Administrative Law Constitutional Law Citizenship Revocation False Representation Fraud Residency Requirements +3 more

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Parties

The Minister of Citizenship and Immigration

Plaintiff/defendant by Counterclaim

Boutros Naim Houchaime

Defendant/plaintiff by Counterclaim

Jacqueline Mousa El-Skayer

Defendant/plaintiff by Counterclaim

Lynn Boutros Hochaime

Defendant/plaintiff by Counterclaim

Jennifer Boutros Hochaime

Defendant/plaintiff by Counterclaim

Procedural Posture

Reference Under Paragraph 18(1)(b) of the Citizenship Act (citizenship Revocation) / Motion for Summary Judgment (no Trial)

Legal Issues

  1. 1 Whether each defendant obtained Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances
  2. 2 Whether the Minister's reference is statute-barred by limitation statutes
  3. 3 Whether defendants raised a triable issue warranting discovery of a non-party immigration consultant

Ratio Decidendi

Summary judgment was granted because uncontradicted UAE travel records, institutional confirmations and related documents showed it was more probable than not that each defendant resided in Dubai for much of the relevant period and therefore made false representations or knowingly concealed material circumstances in their citizenship applications; the defendants failed to adduce specific evidence to raise a genuine issue for trial, their limitation defence failed, their request to discover a non-party was dilatory and unsubstantiated, and their s.7 Charter counterclaim did not raise a triable issue.

Court Disposition

Summary judgment for the Minister: declarations that each defendant obtained Canadian citizenship by false representation or fraud or by knowingly concealing material circumstances; defendants' counterclaim dismissed; solicitor and client costs awarded to Minister.

Orders

  • Declaration that Boutros Naim Houchaime obtained Canadian citizenship by false representation or fraud and by knowingly concealing material circumstances within the meaning of paragraph 18(1)(b) of the Citizenship Act
  • Declaration that Jacqueline Mousa El-Skayer obtained Canadian citizenship by false representation or fraud and by knowingly concealing material circumstances within the meaning of paragraph 18(1)(b) of the Citizenship Act