Chan ( Re )
T-2842-96
Rothstein J.
19/5/98
4 pp.
Citizenship appeal-Practice-Present case one of first hearings of citizenship appeal since coming into force, on April 25, 1998, of Federal Court Rules, 1998-Under new Rules, s. 300(c) providing Part 5, dealing with applications, applying to citizenship appeals under Citizenship Act, s. 14(5), in effect taking away right to appeal by way of trial de novo in that case-Respondent submitting repeal of old Federal Court Rules and words of RR. 501(1) and 503 of new Rules indicating all citizenship appeal hearings, including appeals filed before coming into force of new Rules, should be governed by new Rules-In effect, appeals filed before coming into force of new Rules would be treated as applications based on Citizenship Court records rather than as trial de novo as provided for by old Rules-According to R. 501(1) and Interpretation Act, s. 44(c), new Rules applying to proceedings commenced under old Rules but, if provisions interpreted consistently with Interpretation Act, s. 43(c), rights accrued or accruing when old Rules ceased to have effect must not be affected-Old Rules provided for appeal by way of trial de novo where parties had right to adduce evidence, while new rules provide for appeal by way of application on basis of Citizenship Court record-R. 501(1) not taking away right to appeal by way of trial de novo under old Rules where right accrued or was accruing at time old Rules ceased to have effect-Practical difficulty with respondent's approach: persons who have filed citizenship appeals substantially prior to coming into force of Federal Court Rules, 1998, had right to expect they would be entitled to trial de novo-They have not complied, and because of time limits, in many cases could not comply, with requirements of new Rules to file affidavits and other materials required under Part 5 of new Rules-RR. 501(1) and 503 not to be interpreted as having effect of treating citizenship appeal filed before coming into force of new Rules as if filed after coming into force of new Rules-Nor do new Rules imply must be automatic orders to extend time to file affidavits or other material in order to comply with new Rules in cases of applications filed before new Rules came into effect-Therefore, hearing in citizenship appeals, where appeal filed in Court before coming into force of new Rules, should proceed by way of trial de novo and Part 5 of new Rules should apply to citizenship appeals filed in Court after coming into force of new Rules-Federal Court Rules, C.R.C., c. 663, R. 912-Federal Court Rules, 1998, SOR/98-106, RR. 300(c), 501(1), 503-Citizenship Act, R.S.C., 1985, c. C-29, s. 14(5)-Interpretation Act, R.S.C., 1985, c. I-21, ss. 43, 44(c).