RELATED CASES AND POSTS
" The question that remains is whether, leaving aside the definition of 'child' as an interpretative aid, the respondent’s legal guardian falls under the category of 'parent' pursuant to paragraph 3(1)(b) of the Act."To clarify the issue, here's s. 3(1)(b):
3 (1) Subject to this Act a person is a citizen ifSimply put, if the father is a "parent" of the child, then the child is a citizen. So, who is a parent?(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.
" According to the appellant [government], the words 'née d’un père' and 'née d’une mère' presuppose that the mother or father contributed to the child’s genes. The appellant adds that the fact that an adoption cannot be contemplated when a child is 'née d’un père' or 'née d’une mère' explains why the words 'other than a parent who adopted him'. ...
" I agree ... that the words 'née d’un père' presuppose that the father, in this case the respondent’s legal guardian, contributed to the child’s genes as there is no other way in which a child can conceivably be said to be 'née d’un père'. In the case of the father, the conclusion that there must be a genetic link seems inescapable."The French phrases "née d’un père" and "née d’une mère," which translate as "born of a father" and "born of a mother," were employed, said the Court, to distinguish circumstances in which a person is a parent by adoption. This "made clear Parliament's ... reliance on a genetic/gestational connection to determine who can procure derivative citizenship." The trial judge's decision was thus set aside.
" First, applying a textual analysis, I note that had Parliament intended to use the term 'parent' exclusively in its biological or genetic sense, it would not have been necessary to expressly exclude adoptive parents from the ambit of paragraph 3(1)(b). By specifically adding the words 'other than a parent who adopted him' ('mais non un parent adoptif' in the French version of the 1977 Act), Parliament has clearly indicated that the notion of 'parent' which it uses in that paragraph is intended to refer to a legally recognized parent. Indeed, an adoptive parent has no genetic or biological link with his or her adopted child, but is nevertheless a 'parent' under the legal meaning of the term. Had only a biological or genetic link been intended, that exclusion would have not been required, or the words used would have been quite different.
" In my view, this textual analysis is a complete answer to the issue before us. The words used in the paragraph are all precise and unambiguous, and the words themselves alone do, in this case, best indicate that the intention of Parliament was to refer to the legal notion of 'parent'. Thus, though a child/parent legal relationship may well result from a biological or genetic link, it also extends to other situations which are not necessarily exclusively based on biology."This is not a full recounting of decisions of either the majority of the minority in this case, both of which should be read in full for a proper appreciation of the nuances of this case.