Worthington v. Canada (Minister of Citizenship and Immigration)
The Court upheld the Applications Judge's discretionary refusal to grant mandamus and declined to entertain the constitutional challenge on this appeal, finding that subsequent judicial review proceedings of later ministerial decisions are the appropriate forum; therefore the appeal was dismissed and no costs were...
Source-derived case information.
- Citation
- 2006 FCA 30
- Parties
- Appellant: Duane Edward Worthington; Appellant: Helen Charlotte Worthington; Respondent: The Minister of Citizenship and Immigration
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 24 January 2006
- Procedural Posture
- Judicial Review Appeal / Federal Court of Appeal Appeal From Federal Court
- Outcome
- Appeal dismissed without costs.
- Legal Topics
- Judicial Review, Mandamus, Differential Treatment of Natural Born and Adopted Children, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Duane Edward Worthington
Appellant
Helen Charlotte Worthington
Appellant
The Minister of Citizenship and Immigration
Respondent
Procedural Posture
Judicial Review Appeal / Federal Court of Appeal Appeal From Federal Court
Legal Issues
- 1 Whether mandamus should be granted to compel the Minister to grant citizenship to the male appellant
- 2 Whether the court should entertain the appellants' constitutional challenge to the Citizenship Act's differential treatment of natural-born and adopted children
- 3 Whether the Federal Court erred in its award of costs
Ratio Decidendi
The Court upheld the Applications Judge's discretionary refusal to grant mandamus and declined to entertain the constitutional challenge on this appeal, finding that subsequent judicial review proceedings of later ministerial decisions are the appropriate forum; therefore the appeal was dismissed and no costs were awarded.
Court Disposition
Appeal dismissed without costs.
Orders
- Appeal dismissed without costs.
- No order of mandamus to compel the Minister to grant citizenship.
Full Case Text
Judgment text and source record
1 paragraphs
Worthington v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2006-01-24 Neutral citation 2006 FCA 30 File numbers A-639-04 Decision Content Date: 20060124 Docket: A-639-04 Citation: 2006 FCA 30 CORAM: RICHARD C.J. EVANS J.A. PELLETIER J.A. BETWEEN: DUANE EDWARD WORTHINGTON and HELEN CHARLOTTE WORTHINGTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Heard at Toronto, Ontario, on January 24, 2006. Judgment delivered from the Bench at Toronto, Ontario on January 24, 2006. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20060124 Docket: A-639-04 Citation:2006 FCA 30 CORAM: RICHARD C.J. EVANS J.A. PELLETIER J.A. BETWEEN: DUANE EDWARD WORTHINGTONand HELEN CHARLOTTE WORTHINGTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on January 24, 2006) EVANS J.A. [1] This is an appeal from a decision of Layden-Stevenson J. of the Federal Court granting an application for judicial review brought by the Appellants. The Applications Judge quashed a decision of the Minister of Citizenship and Immigration, dated July 23, 2003, refusing their claim that the male Appellant should be granted Canadian citizenship. [2] However, the Judge refused to grant an order of mandamus requiring the Minister to grant citizenship to the male Appellant, or to determine a constitutional challenge raised by the Appellants to the differential treatment afforded by the Canadian Citizenship Act, R.S.C. 1985, c. C-39, to natural-born and adopted children of Canadian citizens. Layden-Stevenson J.'s decision is reported as Worthingtonv. Canada(Minister of Citizenship and Immigration), 2004 FC 1546. [3] In all the circumstances of this case, we are not persuaded that we should interfere with the Applications Judge's exercise of discretion not to grant an order of mandanus to compel the Minister to grant Canadian citizenship to the male Appellant or to entertain the constitutional question raised by the Appellants. [4] After the Federal Court's decision in this matter, the Minister rendered decisions, again refusing the male Appellant's application for Canadian citizenship. The Appellants have made applications for judicial review challenging these decisions. The underlying constitutional issues raised by the Appellants in the present appeal are more appropriately raised in these subsequent applications for judicial review. [5] Nor are we satisfied that the Applications Judge erred in her award of costs. [6] For these reasons, the appeal will be dismissed, without costs. J.A. FEDERAL COURT OF APPEAL Names Of Counsel And Solicitors Of Record DOCKET: A-639-04 (APPEAL FROM A JUDGMENT OF THE HONOURABLE MADAM JUSTICE LAYDEN-STEVENSON OF THE FEDERAL COURT DATED NOVEMBER 3, 2004, COURT FILE NO. T-247-04) STYLE OF CAUSE: DUANE EDWARD WORTHINGTON and HELEN CHARLOTTE WORTHINGTON Appellants and THE MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: JANUARY 24, 2006 REASONS FOR JUDGMENT OF RICHARD, C.J., THE COURT BY: EVANS & PELLETIER JJ.A. DELIVERED FROM THE BENCH BY: EVANS J.A. APPEARANCES: Ali M. Amini FOR THE APPELLANTS A. Leena Jaakkimainen Robert Bafaro FOR THE RESPONDENT SOLICITORS OF RECORD: AMINI CARLSON LLP Barristers & Solicitors Toronto, ON FOR THE APPELLANTS John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT