Legal Research

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  • Topic: Canada, Immigration to Canada, Canadian nationality law
  • Pages : 5 (1500 words )
  • Download(s) : 128
  • Published : April 10, 2011
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1. Which statue deals with issues related to citizenship in Canada? Provide its full citation. What is the full citation for the Regulation to this statute? 2. What is the best free, online source to find the full text of this statute and the associated regulations? What is the currency date of the statute (on that online source) as of the date you are submitting this assignment? 3. Was Maya a Canadian citizen at birth, or did her parents have to apply for her to become a Canadian citizen? What sections in the Statute and/or Regulations deal with this issue? 4. What if Jatinder died before Maya was born? (Assume that he is her biological father.) Does that affect Maya’s citizenship? 5. What if, before Maya was born, the immigration authorities discovered that Jatinder obtained his citizenship by forging documents and providing false information on his citizenship application? Would that affect his status as a Canadian citizen? How would it then affect Maya? 6. Assuming that Jantinder is not an adoptive parent and he has obtained his Canadian citizenship in the proper way, does Maya have to do anything to maintain her citizenship after she first becomes a Canadian citizen? 7. What must Maya prove in order to give up her Canadian citizenship? 8. Who will consider Maya’s request to give up her Canadian citizenship, and what will the process be? What section(s) of the Act and/or Regulations deal with this issue? 9. Can Maya become a Canadian citizen again when she decides to move back to Canada in 2007? If so, how? What section(s) of the Act and/or Regulations deal with this issue? 10. Can Maya buy a house if she is not a Canadian citizen? Why or why not?

1) Statue-Canadian Citizenship Act (R.S. 1985 c C29)
Regulations- Citizenship Regulations SOR/93-246
Currency date of the statue: January 16th 2011
Currency date of the Regulation: January 10th 2011
3)S.3 (1) Subject to this Act, a person is a citizen if
(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen; S.5(5)(b) (1) The Minister shall grant citizenship to any person who (b) has a birth parent who was a citizen at the time of the birth S.6A citizen, whether or not born in Canada, is entitled to all rights, powers and privileges and is subject to all obligations, duties and liabilities to which a person who is a citizen under paragraph 3(1)(a) is entitled or subject and has a like status to that of such person.1974-75-76, c. 108, s. 5. 4)S.4 (2) Child born after death of parent

For the purposes of paragraph 3(1)(b) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.(3) [Repealed, 2008, c. 14, s. 3] R.S., 1985, c. C-29, s. 4; 2008, c. 14, s. 3.

5)S.10 Order in cases of fraud
(1) Subject to section 18 but notwithstanding any other section of this Act, where the Governor in Council, on a report from the Minister, is satisfied that any person has obtained, retained, renounced or resumed citizenship under this Act by false representation or fraud or by knowingly concealing material circumstances, (a) the person ceases to be a citizen, or

(b) the renunciation of citizenship by the person shall be deemed to have had no effect, as of such date as may be fixed by order of the Governor in Council with respect thereto. 6)
7) Renunciation of Citizenship
S. 9. (1) A citizen may, on application, renounce his citizenship if he a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada (e) does not reside in Canada.

8) Ministerial Discretion to waive requirements
(2) The Minister may, in the Minister’s discretion, waive on compassionate grounds...
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