Benner v. Canada (Secretary of State), [1997] 3 S.C.R. 389

Mark Donald Benner Appellant

v.

The Secretary of State of Canada and the Registrar of Citizenship Respondents

and

The Federal Superannuates National Association Intervener

Indexed as: Benner v. Canada (Secretary of State)

File No.: 23811.

1997: September 23.

Present: Lamer C.J. and La Forest, L'Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

judgment

Judgments and orders ‑‑ Provisions of Citizenship Act found to be unconstitutional ‑‑ Judgment as to effect of reasons ‑‑ Citizenship Act, R.S.C., 1985, c. C‑29, ss. 3(1)(c), 5(2)(b), 12(3), 19, 20, 22 ‑‑ Citizenship Regulations, C.R.C., c. 400, s. 20.

JUDGMENT

[1] The appeal of the appellant, Mark Donald Benner, is allowed and the judgment of the Federal Court of Appeal[^1] is set aside. The decision of the Registrar of Canadian Citizenship dated October 17, 1989, rejecting the appellant’s application for citizenship is quashed and the Registrar is directed to deal with the appellant’s application in accordance with this judgment and the reasons for judgment[^2]. The requirement of an oath contained in s. 3(1)(c) of the Citizenship Act shall be read without reference to s. 5(2)(b) of that Act. The words “by a person authorized by regulation to make the application” in s. 5(2)(b) of the Citizenship Act are declared inoperative. Sections 12(3), 19, 20 and 22 of the Citizenship Act shall be read without reference to s. 5(2)(b) of that Act. Section 20 of the Citizenship Regulations shall be read without reference to s. 5(2)(b) of the Citizenship Act.

[2] Costs are payable to the appellant throughout.

Judgment accordingly.

Solicitors for the appellant: Clark, Wilson, Vancouver.

Solicitor for the respondents: The Attorney General of Canada, Ottawa.

Solicitors for the intervener: Gowling, Strathy & Henderson, Ottawa.

[^1]: 1993 CanLII 2978 (FCA), [1994] 1 F.C. 250.

[^2]: 1997 CanLII 376 (SCC), [1997] 1 S.C.R. 358.