Date: 19991125
Docket: IMM-1357-99
BETWEEN:
ERIC REID
Applicant
-and-
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
| REED J.: (a version of the reasons rendered orally) |
[1] The Board"s decision does not contain error.
[2] The Board noted that despite the fact that the Reids say they formed the intention to adopt Doxeine in 1984, they did nothing until 1991, when they commenced an adoption application, and then they did not pursue that application to fruition until 1996. By that time Doxeine was 16 years old, nearly an adult.
[3] The Board noted that although the Reids said they did not move to adopt Doxeine earlier because they were waiting until they became financially secure, they had a child of their own in 1985.
[4] Counsel argues that the Board did not give reasons for its conclusion that the relationship between Mrs. Reid and Doxeine was a sister/sister relationship rather than that of parent/child. But it did. It pointed out the age of the child when the adoption took place. It pointed out that the child had lived for all her life with her natural parents, who supported and nurtured her. It pointed out that despite stating that they had wished to adopt Doxeine for many years, there had been no action taken to do so, and Doxeine herself had not been told about the adoption plans until she was thirteen.
[5] Counsel referred to the common experience of mankind and that Courts are in as good a position as specialized tribunals to make decisions on that basis.
[6] In that regard, it is not unusual to see an older sibling provide support, love and care to a younger sibling in the way Ms. Reid has done in this case. This does not, however, convert the relationship into one of parent/child. Also, it is the common experience of mankind that adoptions are managed at as early an age as possible in order to promote the creation of a parent/child relationship.
[7] I can find no error in the decision that was made. I must therefore dismiss this application for judicial review.
"B. Reed"
Judge
Toronto, Ontario
November 25, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-1357-99 |
| STYLE OF CAUSE: ERIC REID |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
| DATE OF HEARING: THURSDAY, NOVEMBER 25, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: REED J. |
DATED: THURSDAY, NOVEMBER 25, 1999
| APPEARANCES: Mr. W. Lloyd MacIlquham |
| For the Applicant |
| Mr. Stephen Gold |
| For the Respondent |
| SOLICITORS OF RECORD: W. Lloyd MacIlquham |
Barrister & Solicitor
5859 Yonge Street
Suite 103
Toronto, Ontario
M2M 3V6
| For the Applicant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 19991125
Docket: IMM-1357-99
Between:
| ERIC REID |
Applicant
- and -
| THE MINISTER OF CITIZENSHIP |
AND IMMIGRATION
Respondent
REASONS FOR ORDER