Immigration and Criminal Lawyers Toronto, Ontario

28 Dec

How one becomes “Canadianized”

Posted in Immigration Law

In a recent decision, a Federal Court judge ruled that the intrinsic values of Canadians can only be understood by those who have spent a significant amount of time in Canada. Further, the judge wrote that being a Canadian was based on “attitudes of respect for others and a willingness to accommodate cultural, social, and economic challenges to resolve our differences”.

This was a case about a Pakistan-born medical student who was granted citizenship by a citizenship judge after spending only 150 days in Canada. This was well below the three years (in the previous four years) required under the Citizenship Act. Citizenship and Immigration appealed and the Federal Court set aside the decision of the citizenship judge. The judge asserted that the law calls for a significant physical residency requirement. Up until this point, the law was interpreted incorrectly to mean that some people could spend only a fraction of the three year residency requirement in Canada and still gain Canadian citizenship. The Federal Court asserted that Canada has a distinct character and institutions, which cannot be learned from abroad.

To read the full case, please click here.


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