How law to strip terrorists of citizenship fits into global picture
2015/10/05 Leave a comment
Good piece by Sean Fine in the Globe comparing revocation practices in other countries:
What other democracies allow citizenship to be revoked?
Twenty-two countries in Europe allow denaturalization for terrorism or other behaviour contrary to the national interest, according to a 2014 paper by University of Ottawa law professor Craig Forcese. These include Britain, Belgium, Denmark, France, Germany, Greece, Spain, Switzerland and the Netherlands. Australia introduced a new law in June to revoke the citizenship of dual nationals who engage in terrorism. Britain has broadened its revocation powers; the government may now make an individual stateless.
Why does the United States, with its well-known ‘war on terror,’ not revoke terrorists’ citizenship?
The U.S. Supreme Court has expressed abhorrence: In a 1958 case, chief justice Earl Warren called it “a form of punishment more primitive than torture, for it destroys for the individual the political existence that was centuries in the development.” In a 1949 case, the court deplored the removal “of a right no less precious than life or liberty.”
What does the Canadian Charter of Rights and Freedoms say about citizenship?
Section 6 says, “Every citizen of Canada has the right to enter, remain in and leave Canada.” But Section 1 says rights and freedoms are subject to limits that government can justify as reasonable in a free and democratic society. However, Section 6 is not subject to the Charter’s “notwithstanding” clause (Section 33); government cannot opt out of a court ruling on citizenship rights.
Source: How law to strip terrorists of citizenship fits into global picture – The Globe and Mail
