C-24 Citizenship Act Committee Hearings – 30 April

Good overview by CBC and iPolitics on yesterday’s C-24 hearings. Apart from Martin Collacott of the Centre for Immigration Policy Reform, all other testimony expressed serious concern over the proposed revocation provisions, both on process (how the decision is taken) and substance (should we treat single and dual nationals different, is banishment appropriate?).

Naturally enough, the likelihood or not of the proposed approach being in compliance with the Constitution and Charter was raised again. Minister Alexander on Monday stated that the Bill is in “complete conformity with the requirements of our constitution” (the Government does not release internal legal opinions which are exempt under ATIP). Given the Government’s track record on recent SCC high-profile cases, and any number of other cases, not sure whether Minister Alexander’s certainty is well-placed.

Collacott’s rationale on supporting revocation provisions:

“A survey in 2012 found that eight out of 10 people…agreed that Canadians found guilty of treason or terrorism should lose their citizenship, he said, then mentioned an Ipsos Reid poll from several years earlier that reached a similar conclusion.

“Of course if we started taking away citizenship from every Canadian who was charged with a terrorism act — say, in Russia for activities in Ukraine or a lot of other places — we would have a problem. But I don’t think that’s what the bill’s aimed at. And I don’t think the bill will be misused for that purpose.”

While Collacott is correct on public opinion, having faith in the bill not being misused does not excuse the risks of overly broad drafting, even if one accepts the principle. David Matas of B’nai Brith made the point in noting that “terrorism offence” the term used in the Bill, should be narrowed to “act of terrorism”.

Citizenship has its privileges: committee debates terms of revocation (iPolitics)

Citizenship changes ‘likely unconstitutional,’ lawyers warn (CBC)

David Berger, former Liberal MP and Ambassador to Israel, focuses more on the increased residency and related requirements, arguing:

These measures are counter-productive in the 21st century when people arguably are our most important asset and we should help all of our residents to develop to their fullest potential. Immigrants are particularly critical for Canada, because they account for 67 per cent of our annual population growth.

The removal of flexibility is also out of step with an increasingly globalized economy in which immigrants can contribute to our economy and society through their activities abroad. It also contradicts the goal of the government’s highly touted startup visa which according to Employment Minister Jason Kenney aims to attract the next Steve Jobs or Bill Gates. Immigrants admitted under this program can fully be expected to spend considerable time outside Canada if they are building the next Apple Computer or Microsoft.

Citizen should encourage citizenship

Links to briefs:

Canadian Bar Association

Canadian Association of Refugee Lawyers

B’nai Brith

Centre for Immigration Policy Reform (not yet posted)

Video of 28 April First Session