Canada ( Minister of Citizenship and Immigration ) v. Katriuk
T-2409-96
Nadon J.
29/1/99
98 pp.
Revocation of citizenship-Application for declaration respondent obtained Canadian citizenship by false representation, fraud or by knowingly concealing material circumstances-Respondent born on October 1, 1921 in Luzhany, in area known as Bukovina, then part of Romania-Soviets occupying Bukovina in 1940-Germans invaded in 1941-Germans formed battalions in which different nationals, including Ukrainians, would serve Germany-Respondent member of one such battalion, led by Ukrainian officers under overall command of German officers-Respondent testified never participated in any major military operation, never fired gun in two of battalion's four postings, protected citizens from enemy partisans-As Russian army advanced, Germans retreated-Respondent's battalion transported to France-Then became part of Waffen S.S.-Majority of battalion defected to French partisans, fought against Germans-As result of Soviet pressure respondent, colleagues removed from front-To avoid return to Russia, joined French Foreign Legion (FFL) in 1944, fought with allies-When war ended, sent to France-FFL reorganizing to be sent to Indochina-Due to poor relationship with commanding officer, respondent feared would not return alive-Deserted FFL, changed name because as deserter would be shot if caught-Respondent lived, worked in Paris-Married in 1948-In spring of 1951 respondent, wife went to Canadian consulate to find out whether could immigrate to Canada-Respondent not remembering being asked anything specific at consulate-Testified never completed, signed any form, never interviewed-Denied having been asked what did between 1938, 1945-Applications for permanent residence not in evidence since file destroyed in regular course of Department's business-Respondent, wife arriving in Canada on August 14, 1951-Denied interviewed by immigration officers upon arrival in Quebec City-In 1957 approached Immigration to clarify immigration status before applying for citizenship-In May 1958 application to correct names accepted-Subsequently applied for Canadian citizenship under name Katriuk-Citizenship granted in November 1958-Minister submitting: (1) respondent participated in commission of atrocities against civilian population in Byelorussia while member of Battalion 118; (2) respondent failed to divulge material circumstances upon applying for permanent residence in Canada in 1951, including true identity, failed to divulge material circumstances in 1958 when applied for Canadian citizenship-Application allowed-Canada (Minister of Citizenship and Immigration) v. Bogutin (1998), 144 F.T.R. 1 (F.C.T.D.) applied-Person wishing to acquire Canadian domicile in 1951 had to be landed within meaning of 1927 Immigration Act-In order to be "landed", person had to be lawfully admitted within meaning of Immigration Act-1927 Immigration Act, s. 33(2) providing "every prospective immigrant shall answer all questions put to him by any officer when examined under the authority of this Act"-Civil standard of proof on balance of probabilities applicable, but necessary to scrutinize evidence with greater care because of serious allegations to be established by proof offered-(1) In light of evidence, difficult, if not impossible to accept respondent's evidence not participating in any important military operation while battalion in Byelorussia-As active member of battalion, respondent must have participated in at least some of operations in which battalion involved between 1942, 1944-Certainly engaged in fighting enemy partisans-But Minister not proving, on balance of probabilities respondent participated in commission of war crimes, or that committed such crimes-As to whether voluntarily joined battalion, respondent joined for number of reasons, possibly including better living conditions, avoiding hunger, preference of Germans to Russians, willingness to fight against former oppressors-Refusal to join not necessarily meaning deportation or forced labour-Respondent probably decided joining battalion lesser evil of choices life offering at that time-While respondent not entirely candid in relating participation in battalion, not leading to inference trying to conceal committed or participated in commission of war crimes-(2) Review of Canada's immigration policy concerning entry into Canada of "undesirable" persons, manner of implementation of policy-Order in Council P.C. 1950-2856, SOR/50-232, allowing Government of Canada to prohibit, limit landing in Canada of certain categories of immigrants-By way of Direction No. 14, Cabinet making it clear collaborators, users of false, fictitious names, documents inadmissible under 1927 Immigration Act, should be refused visa-RCMP officers in field informed as to rejection criteria-Immigration process in place would have led to rejection of respondent-Non-Germans who had fought with German army or who had helped German Forces against allies considered collaborators, to be rejected-Minister not meeting burden on her to establish respondent specifically asked about war-time activities-As to immigration form in use in Paris office in 1951 form O.S.8, revised form O.S.8, while Court not finding respondent asked question requesting specific information regarding activities during war years, must at very least have been asked to answer questions appearing on both forms, i.e. details regarding longest job held in last 10 years, number of jobs held during those 10 years-Respondent must have been asked how, why arrived in France-True purpose of application for correction of visa application to allow landing of "Vladimir Katriuk" on August 14, 1951, in Quebec City, failing which respondent could not apply for, obtain Canadian citizenship-In applying for visa to come to Canada, and in obtaining landing, respondent, wife knowingly concealed material circumstances in that failed to divulge true identities-As result, officers in Paris consulate deprived of essential information that might have enabled them to determine whether respondent should be admitted to Canada-To decide whether respondent obtained Canadian citizenship by false representation, fraud, or by knowingly concealing material circumstances, respondent's 1957 application and information provided by him to obtain correction of name must be considered as part of 1951 visa application-Correct approach since "Vladimir Katriuk" granted landing in Quebec City by reason of 1957 decision-Although not in evidence, respondent's 1957 affidavit declaring "took refuge" in France in 1944-Not accurate, truthful statement as respondent came to France, not as refugee, but as member of battalion fighting with Germany against allies-Respondent provided information "took refuge" in France in 1957 affidavit in support of application to correct name because believed necessary for him to explain how arrived in France in 1944-Held that belief because must have been asked in France in 1951 to indicate when, where entered France-Information provided to convince authorities had not entered Canada under false name for improper, illegal purpose-Information relevant, material to Department's decision-If respondent had not concealed arrived in France in 1944 as member of battalion, subsequent defection to French underground, likely Department, in view of applicable rejection criteria prescribed by Government, would have, at least, investigated respondent through available channels-Department would then have been in position to decide whether respondent fell under excluded category of immigrants-Untruths or misleading answers, having effect of foreclosing, averting further inquiries even if those inquiries might not have turned up independent ground of deportation, relevant: Minister of Manpower and Immigration v. Brooks, [1974] S.C.R. 850-Questions relating to applicant's jobs during 10 years prior to application such as to require applicant to disclose participation in World War II-Respondent not truthfully answering those questions-Therefore not lawfully admitted to Canada for permanent residence-Deemed to have obtained Canadian citizenship by false representation, fraud, or by concealing material circumstances contrary to Citizenship Act-Immigration Act, R.S.C. 1927, c. 93, s. 33(2)-Order re Landing of Immigrants in Canada, SOR/50-232.