Obodzinsky v. Canada (Minister of Citizenship and Immigration)

Obodzinsky v. Canada (Minister of Citizenship and Immigration) Court (s) Database Federal Court of Appeal Decisions Date 2001-05-23 Neutral citation 2001 FCA 158 File numbers A-688-00 Decision Content Date: 20010523 Docket: A-688-00 OTTAWA, ONTARIO, WEDNESDAY, MAY 23, 2001 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: WALTER OBODZINSKY (Alias Wlodzimierz or Volodya Obodzinsky) Appellant AND: MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent JUDGMENT The appeal is dismissed without costs. Robert Décary J.A. Certified true translation Mary Jo Egan, LLB Date: 20010523 Docket: A-688-00 Neutral citation: 2001 FCA 158 CORAM: DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: WALTER OBODZINSKY (Alias Wlodzimierz or Volodya Obodzinsky) Appellant AND: MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Hearing held at Montréal, Quebec, on Wednesday, May 16, 2001 Judgment delivered at Ottawa, Ontario, on Wednesday, May 23, 2001 REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: DÉCARY J.A. NOËL J.A. Date: 20010523 Docket: A-688-00 Neutral citation: 2001 FCA 158 CORAM : DÉCARY J.A. LÉTOURNEAU J.A. NOËL J.A. BETWEEN: WALTER OBODZINSKY (Alias Wlodzimierz or Volodya Obodzinsky) Appellant AND: MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] I have reviewed and carefully analyzed the decision of the Trial Division judge, the appellant's Charter arguments and his submissions based on the doctrine of abuse of process. In light of New Brunswick (Minister of Health and Community Services) v. G.(J.), [1999] 3 S.C.R. 46 and Blencoe v. British Columbia (Human Rights Commission), [2000] 2 S.C.R. 307, I also reviewed the decision of this Court in Canada (Secretary of State) v. Luitjens (1992), 142 N.R. 173 (F.C.A.), which was followed in Canada v. Katriuk (1999), 252 N.R. 68 (F.C.A.), leave to appeal refused by the Supreme Court of Canada on May 11, 2000, S.C.C. No. 27741. I am of the view that the Trial Judge properly directed himself as to the law, that he exercised his discretion judiciously and that there is no basis to intervene in this case. [2] The appellant also argued that, according to the Government of Canada's report entitled The Investigation of War Crimes in Canada, which was probably written in 1995, investigations by the Crimes Against Humanity and War Crimes Section were suspended where the suspect was likely to be unfit to stand trial. Based on that, and on the principles of fair play and equity, he submits that the citizenship revocation proceedings against him should be stayed because his precarious health makes him unfit to stand trial. [3] It is clear from reading the entire report and specifically section III entitled Current State of Investigations, which contains the passage the appellant relies on, that, as of the date of the report, criminal investigations and not citizenship revocation proceedings had been suspended for that reason. Moreover, the government report adds that the files that were not closed or suspended were reassessed and ranked for possible future action such as criminal prosecution, denaturalization or deportation proceedings. The report also identifies the criteria that were applied to rank the files. The age and health of the individual concerned are among the criteria. However, the purpose of applying all the criteria, including age and health, is not to suspend the files, but to rank them so that appropriate legal proceedings can be commenced. With respect, the excerpt from the report cited to us by the appellant out of context does not have the purpose, weight or scope that he attributes to it. [4] For these reasons, I would dismiss the appeal, but without costs, since the respondent has not requested them. Gilles Létourneau J.A. "I concur. Robert Décary J.A.." "I concur. Marc Noël J.A." Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-688-00 STYLE OF CAUSE: Walter Obozdinsky v. Minister of Citizenship and Immigration PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: May 16, 2001 REASONS FOR JUDGMENT BY: Létourneau J.A. CONCURRED IN BY: Décary, Noël JJ.A DATED: May 23, 2001 APPEARANCES: Johanne Doyon FOR THE APPELLANT David Lucas FOR THE RESPONDENT SOLICITORS OF RECORD: Doyon, Guertin, Montbriand & Plamandon FOR THE APPELLANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada