Hyperlawhypertext legal database Benner v. Canada (Secretary of State) [1997] 3 SCR 389

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Benner v. Canada (Secretary of State)

[1997] 3 SCR 389 Court SCC Decision date 1997-09-23 Docket 23811 English

PartiesMark Donald Benner Appellant·The Secretary of State of Canada and the Registrar of Citizenship Respondents·The Federal Superannuates National Association Intervener

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.

Delivered by Majority

On appeal from Federal Court of Appeal

Subjects Action

Contents
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 .
Costs are payable to the appellant throughout.

Footnotes

  1. [1] [1994] 1 F.C. 250.
  2. [2] [1997] 1 S.C.R. 358.

Statutes and regulations cited