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In January last year, French judges dismissed the allegations against him and ordered his immediate release. He is now back in Canada with his wife and children.

He remains a Canadian citizen with all the rights and privileges such status carries, including access to basic identification documents, which in his case would include his Canadian citizenship certificate

Diab’s citizenship certificate and other identification documents were seized by the RCMP pursuant to a search warrant executed in 2008, said lawyer Ayesha Kumararatne, who is representing Diab in the certificate case.

When Diab was released on bail in 2009, his health card and Ontario driver’s licence were returned, she said. But his citizenship certificate was not returned and was later sent to France, she said.

Diab declared in his 2018 application to replace his citizenship certificate that he wanted a new copy because the original was seized by authorities, Kumararatne added.

“There is no contention about whether Mr. Diab is a Canadian citizen. No proceedings were initiated at any point to challenge or revoke his status as a Canadian citizen,” she said.

“Therefore, he remains a Canadian citizen with all the rights and privileges such status carries, including access to basic identification documents, which in his case would include his Canadian citizenship certificate.”

A prolonged fight to obtain a replacement is the “last thing” Diab should have to deal with after everything he has gone through, Kumararatne said.

In his filing this week, Diab seeks leave from the court to argue for an order requiring the minister of immigration, refugees and citizenship to make a decision on his application for the certificate.