T-2195-79
Secretary of State (Appellant)
v.
Timothy E. Holmes (Respondent)
Trial Division, Collier J.—Vancouver, September
13, 1979.
Citizenship — Residency — Probation following conviction
— Whether probationary period can be taken into account in
calculating residency requirements — Citizenship Act, S.C.
1974-75-76, c. 108, s. 19 — Criminal Code, R.S.C. 1970, c.
C-34, s. 662(1), as amended by S.C. 1972, c. 13, s. 57.
APPEAL.
COUNSEL:
H. J. Wruck for appellant.
Barry Sullivan amicus curiae.
SOLICITORS:
Deputy Attorney General of Canada for
appellant.
DeBou, Hanson & Sullivan, Vancouver, for
amicus curiae.
The following are the reasons for judgment
delivered orally in English by
COLLIER J.: The appeal of the Secretary of
State is dismissed. I am in agreement with the
result reached by the Citizenship Judge, Judge
Oreck—that is: The period of time a person is
under a probation order pursuant to a conditional
discharge is to be taken into account in calculating
the residence requirements under the Citizenship
Act, S.C. 1974-75-76, c. 108, provided the appli
cant successfully completed the probation period.
To put it briefly, it is my view the probation
period referred to in section 19 of the Citizenship
Act is a period dependent upon a conviction.
Where, by virtue of section 662(1) of the Criminal
Code, R.S.C. 1970, c. C-34, as amended by S.C.
1972, c. 13, s. 57, there is no conviction, there can
be no probation period pursuant to that conviction.
Thank you very much, gentlemen.
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.