A-883-77
Marie Yolene Germain and Wilson Germain
(Appellants)
v.
Guy Malouin and Minister of Manpower and
Immigration (Respondents)
and
Attorney General of Canada (Mis -en-cause)
Court of Appeal, Jackett C.J. and Pratte J. and
Lalande D.J.—Montreal, June 21, 1979.
Immigration — Immigration privileges accorded to the
mother of an illegitimate child and not to the father of an
illegitimate child by Immigration Regulations — Whether or
not the Regulations created inequality before the law by
reason of sex contrary to the Canadian Bill of Rights
Whether or not the Regulations were unauthorized because of
implied limitation on regulation making power that would
prevent the making of discriminatory regulations — Immigra
tion Regulations, Part I, SOR/62-36 as amended.
APPEAL.
COUNSEL:
J. Grey for appellants.
D. Marecki for respondents and mis -en-cause.
SOLICITORS:
Lazare & Altschuler, Montreal, for appel
lants.
Deputy Attorney General of Canada for
respondents and mis -en-cause.
The following are the reasons for judgment of
the Court delivered orally in English by
JACKETT C.J.: Apart from all the other difficul
ties in the way of the success of this appeal, it is
common ground that the appeal cannot succeed
unless the immigration privileges accorded to the
mother of an illegitimate child and not to the
father of an illegitimate child by the Immigration
Regulations either,
(a) created an inequality before the law by
reasons of sex within the Canadian Bill of
Rights, or,
(b) was unauthorized by reason of an implied
limitation on the regulation making power that
would prevent the making of discriminatory
regulations.
We are not satisfied that the difference between
the relationship of a mother to an illegitimate child
and the relationship of an illegitimate child to its
natural father was not a proper basis for the
making of such a legislation distinction.
The appeal will, therefore, be dismissed with
costs.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.