McLean v. Canada ( Minister of Citizenship and Immigration )
T-1650-98
Richard A.C.J.
4/11/99
13 pp.
Application for judicial review of Program Support Officer's (PSO) decision, pursuant to Citizenship Act, s. 5(2)(b), rejecting applicant's application for Canadian citizenship-Applicant born in United States in 1943 to Canadian-born mother-Application dismissed-Act, s. 5(2)(b) establishing retroactive right to Canadian citizenship for children born between 1947 and 1977, therefore not applicable to applicant-And as applicant born outside of Canada, in wedlock, in 1943, to mother born in Canada, did not qualify for Canadian citizenship under Act, s. 3(1)(d)-Supreme Court of Canada decision in Benner v. Canada (Secretary of State), [1997] 1 S.C.R. 358 not applicable herein as dealt only with constitutionality of Citizenship Act, s. 5(2)(b) and did not entitle persons born abroad prior to 1947 to Canadian citizenship: Kelly v. Canada (Minister of Citizenship and Immigration) (1998) 161 F.T.R. 93 (F.C.T.D.)-Charter, s. 15 not applicable herein as would involve retroactive application of Charter-S.C.C. in Benner held Charter not applying retroactively nor retrospectively, as would be case herein-Citizenship Act, R.S.C., 1985, c. C-29, ss. 3(1)(d), 5(2)(b)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 15.