Trudeau government to update federal rules for service in English, French

Will be interesting to see what alternatives, if any, to the Census data traditionally relied upon, and whether the thresholds for providing OL service change:

Prime Minister Justin Trudeau’s government will take the first step Thursday toward modernizing the rules that govern how the government provides services in English and French, CBC News has learned.

Treasury Board President Scott Brison and Canadian Heritage Minister Mélanie Joly will announce the launch of a process to bring the Official Language Regulations, which deal with communicating to the public, up to date.

Under the Official Languages Act, federal government institutions are obliged to provide services to the public in both English and French in the National Capital Region, as well as across the country “where there is significant demand for communications.”

But if an English community in Quebec (or a French-speaking community elsewhere in Canada) is too small to qualify, federal government institutions — from Service Canada to the local post office — aren’t obliged to offer services in the dominant language.

The government uses census results to determine what constitutes significant demand and the regulations spell out how many people have to list a minority language as their mother tongue for an area to qualify for bilingual service.

Minority language groups, however, have at times complained that the regulations are too restrictive and don’t always take into account everyone who would like to be served in a minority language.

The 2011 census found there were an estimated 647,655 Quebecers whose mother tongue was English and a million people living outside Quebec whose mother tongue was French.

In his final report as Official Languages Commissioner last May, Graham Fraser listed providing government services in minority official languages as a priority.

He recommended that the Treasury Board do an evaluation of “the effectiveness and efficiency of its policies and directives” for implementing the rules governing communications and services to the public.

“A minority community can be thriving and growing, but if the majority grows faster, services are lost. This is simply unfair,” Fraser said at the time. “Bill S-209 provides a way of addressing the injustice, as would a revision of the Official Language Regulations.”

Source: Trudeau government to update federal rules for service in English, French – Politics – CBC News

Could Caribbean Economic Citizenship Programmes Cash In On Donald Trump’s Election Victory? | Caribbean360

Not only interest in Canada:

According to a statement issued by citizenship advisory firm Henley & Partners yesterday, “in the hours since Donald Trump was confirmed as the next President of the United States, there has been a sharp increase in the number of Americans enquiring about alternative residence and citizenship programmes.”

It said similar sharp increases were also noted after major events such as the United Kingdom’s vote to leave the European Union, Brexit. However, Henley & Partners did not indicate how many of the inquiries had translated into actual Citizenship by Investment (CBI) applications, or to which CBIs any applications were made.

“Such spikes happen when citizens become uncertain about the future of their country. They seek safer options for their families,” it added, noting that as the chance that Trump would win the election increased on Tuesday night, the Canadian Immigration website crashed because of an overload of visitors.

Speaking from the 10th Global Residence and Citizenship Conference in London, Henley & Partners’ chief executive officer Eric Major said there was similar interest among Americans looking for alternative citizenships and residences when George W. Bush was running for re-election in 2004.

“We are seeing a comparable trend emerging now among wealthy Americans who wonder what the next four years will hold. There has been a significant increase in enquiries to the Henley & Partners website since the news broke,” he said.

Henley & Partners noted that in contrast to 12 years ago, there are now many more residence and CBIs  programmes available to choose from worldwide. Among them are CBIs in the Caribbean nations of Antigua and Barbuda, Dominica, Grenada, and St. Kitts and Nevis.

…Meantime, leading Caribbean academic Sir Hilary Beckles said people should expect “migration of larger numbers of Caribbean people back to the region and significantly back to Latin America” because of Trump’s win.

The Vice Chancellor of the University of the West Indies issued the warning as he contended that presidency had “reconstructed the white global supremacy system”.

Sir Hilary suggested that Trump’s election was a retrograde step that would take the US back by several decades to the days of “plantation America” when blacks had little to no civil rights and white supremacy was key.

Source: Could Caribbean Economic Citizenship Programmes Cash In On Donald Trump’s Election Victory? | Caribbean360

Catching up

The main story over the past few weeks has of course been the US presidential election and Trump winning the presidency. Far too much commentary both before and after to follow, with the full consequences to be seen once Trump selects his Cabinet and other senior appointments, and his initial acts in office (the appointment of Steve Bannon of Breitbart as chief strategist is hardly encouraging).

As chance would have it, we were visiting the Dachau concentration camp near Munich on voting day. While my knowledge of the Holocaust is generally quite good from books, film and Holocaust centres, along with my time as Canadian head of delegation to the International Holocaust Remembrance Alliance, nothing can bring the horror and scale of horror than visiting an actual site.

In the film Denial (well worth seeing), about Deborah Lipstadt’s legal battle against Holocaust denier David Irving, her lawyer takes time during his visit to Auschwitz to pace the  the camp, as he needs to come to grips with its scale  as part of his preparation of his strategy for the case.

But one of the more interesting moments in the current context was our guide’s discussion of the rise of Hitler and how both the political leadership and institutions failed to prevent his rise. While always aware of the perils of Godwin’s Law, there are some uncomfortable parallels with the rise of Trump, reinforced with Republican control of both houses of congress, and the related authoritarian and undemocratic tendencies among some.

Of course, one of the stories making the rounds is the degree to which Americans vowing to move to Canada will actually do so. Some articles that provide a good selection of immigration experts and lawyers essentially say unlikely (Don’t expect to just pack up and move to Canada, Americans told, Americans eye move to Canada, but immigration not so easy, and in the New York Times, As Americans Look North to Flee Donald Trump, Canada Peers Back in Worry, where I am quoted).

Other news items that I have been following include:

Immigration levels for 2017: Interesting, in contrast to the expectations of much higher immigration levels based on comments by the Minister and the recommendations of the Barton committee of 450,000 per year, the end result was more modest: a new baseline of 300,000, and increase of about 15 percent compared to the previous government. Moreover, there is some rebalancing towards the economic stream (58 percent compared to 54 percent in 2016, but still lower than the 63 percent under the Conservatives).

citizenship-data-slides-033There have been a number of articles pro or against a “big Canada” of 100 million by 2100. I am more convinced by the critical pieces, particularly those by Munir Sheikh, How can immigration improve our standard of living? and Tony Keller A supersized Canada is so 20th century.

Diversity of appointments: With the 41 judicial appointments and 28 Senate appointments in 2016, we can see that the government is largely living up to its commitment to improve diversity (56.1 percent women, 4.9 percent visibility minorities, 7.3 percent Indigenous with respect to judges; 57.1 percent women, 21.4 percent visibility minorities, 7.1 Indigenous with respect to Senators), with the government committing to diversity reporting.

Citizenship judge appointments: It appears that, along with other GiC appointments, there have been delays in appointing citizenship judges, with the result that the number of judges available has dropped to 13 from 26 in place September 2015. As C-24 largely reduced the role of judges to presiding over citizenship ceremonies, this likely has less impact than stated in the article, Waiting to become Canadian: Citizenship ceremonies delayed by judge shortage,
compared to the fee increase and other changes  I have flagged (The impact of citizenship fees on naturalization – Policy Options).

Support for immigration and multiculturalism: A series of somewhat contradictory polls and interpretations, starting with Angus Reid, CBC-Angus Reid Institute poll: Canadians want minorities to do more to ‘fit in’, where roughly two-thirds of Canadians believe immigrants should adopt Canadian values while a similar two-thirds believe immigration levels are just about right. Environics Institute’s Focus Canada – Fall 2016 Canadian public opinion about immigration and citizenship 20 year tracking of support for immigration shows little recent change:

Environics Focus Canada 2016

Environics Focus Canada 2016

Nick Nanos’s survey of What makes Canadians proud of their country? has the following results:

“Asked an open-ended question about what made them proud to be Canadians, the top unprompted response was our commitment to equality/equity/social justice (25.2 per cent), followed by our reputation as peacekeepers (19.4 per cent), multiculturalism (12.0 per cent) and respect for others (11.3 per cent).”

All of which helps explain the divergence of positions among Conservative leadership candidates, ranging from those openly playing identity politics (Blaney, Leitch) to those with inclusive approaches (Chong, Obrai, Raitt).

Candice Malcolm continued her obsessive coverage of Minister Monsef (see Jason Ling’s Some Folks Really Want to Deport Maryam Monsef) and the question of birthplace and possible misrepresentation by her mother in her immigration and citizenship applications. Malcolm legitimately asks whether the government is treating her case differently than other such cases, given a number of revocations in what appear to be comparable cases (Lawyers lose battle for moratorium on contentious part of citizenship law).

However, unless I have missed it, Malcolm has remained silent on whether she supports the C-24 changes that removed the previous right to recourse to the Federal Court, without providing any right to a hearing, unlike Farzana Hassan, who objects to the “unfairness of the law” while still questioning Monsef’s story (Monsef shouldn’t be above the law).

McCallum doesn’t want to let fraudsters ‘off the hook’ through moratorium on citizenship revocation

There is a distinction between fraud cases investigated by the RCMP and those investigated by IRCC. The Minister seems to be referring to only the latter. In general, if I recall correctly, the RCMP cases deal more with massive fraud (e.g., consultants submitted multiple fraudulent applications) whereas IRCC deal more with individual cases.

IRCC data shows the vast majority of fraud cases are a result of IRCC internal investigations, not RCMP, as the chart below indicates:

citizenship-data-slides-2015-026

The federal government is trying to revoke the citizenship of fraudsters, and that’s why it won’t agree to a moratorium on citizenship revocation, says Immigration Minister John McCallum.

“We have large numbers of a criminal element unveiled by the RCMP, and reported on by the auditor general. It was actually under the previous government that [investigations began that] we are now dealing with…and those people have really, truly abused our citizenship. So it would not be right to have a moratorium, and let them off the hook,” he said in a phone interview Thursday.

…. He [immigration lawyer Lorne Waldman] is part of a group bringing a constitutional challenge against a law brought in by the previous Conservative government, known as it was as C-24, that means a person who’s received notice of citizenship revocation doesn’t have a right to an appeal or court hearing.

 Mr. Waldman and another lawyer said they’re representing clients in similar circumstances to Ms. Monsef where their citizenship is in jeopardy because another family member is accused of misrepresentation.

Mr. McCallum (Markham-Thornhill, Ont.) acknowledged that the lack of an appeals mechanism needs to be fixed, but wouldn’t go as far as to instruct his department to stop revoking citizenships until one is set up, preferring instead to allow it to be developed through a change to a citizenship bill, C-6, currently at second reading in the Senate.

The bill aims to reverse parts of the Conservative legislation, C-24, that allowed the government to pull citizenship from dual nationals convicted of terrorism, expanded the age range of immigrants subject to language testing, and more.

Mr. McCallum told the Senate during an appearance Oct. 4 for Question Period that he would welcome a Senate amendment to C-6 to put in place an appeals process for new Canadians who had their citizenship revoked for providing false information on their citizenship application.

However, he wavered on whether he would pause revocations while C-6 went through Parliament when asked by Senate Liberal Art Eggleton, saying “no,” then saying he would “consider” it. The federal Justice Department confirmed the government would not impose such a moratorium in a letter to the Federal Court last week, the Canadian Press reported.

The government has increased the rate of citizenship revocations for fraud since the Liberals took power. That includes 104 revocations in the first eight months of this year, compared with 132 in all of last year and just 30 in the previous two years combined, the CBC reported.

‘Never entitled’ to citizenship

Mr. McCallum said the government is not trying to revoke the citizenship of the alleged fraudsters before an amended C-6 could bring in an appeals mechanism.

“Those two are not linked,” he said.

“As a result of that RCMP investigation, they are pursuing cases, which we fully support. It takes a while to pursue those cases, and some of them are just coming to the revocation point now. It wasn’t an effort for any particular reason, except that they were ready. And we are definitely supporting efforts to go after the criminal element and remove citizenship where it was clearly done for fraudulent or criminal reasons,” he said.

In a written statement provided to The Hill Times, Mr. McCallum’s office said “the recent increase in citizenship revocations is the result of large-scale fraud investigations led by our RCMP and [Canada Border Services Agency] partners that began under the former Conservative government.

“These investigations led to criminal convictions of several immigration consultants, and notices of intent to revoke citizenship were sent to their clients who had provided fraudulent documents to suggest they were living in Canada when they were living abroad, in order to gain citizenship. Others changed their identity in order to hide criminal backgrounds.

Source: McCallum doesn’t want to let fraudsters ‘off the hook’ through moratorium on citizenship revocation – The Hill Times – The Hill Times

Turnbull rebukes Labor over citizenship questions, saying ‘get on Australia’s team’ | The Guardian

Never a good idea to make this kind of accusation, reflects poorly on the accuser:

Malcolm Turnbull has attempted to shut down questions from Labor about the validity of the government’s citizenship revocation laws by borrowing a locution from the Abbott era and advising the shadow attorney general Mark Dreyfus to “get on Australia’s team”.

In question time on Monday Labor referenced a media report saying a “notorious terrorist” was set to have their citizenship revoked in the first case to be taken under the government’s citizenship revocation laws.

The report suggested the government was anticipating the move would be tested in the high court.

Dreyfus asked the prime minister whether the case referenced in the Daily Telegraph report would proceed under the same legislation where the attorney general had “incorrectly represented advice from the solicitor-general?”

The solicitor general, Justin Gleeson – courtesy of a bitter public dispute with the attorney general, George Brandis – has said very clearly he did not sign off on the final citizenship bill passed by the parliament, an account which cuts across a suggestion made by Brandis at the time that Gleeson had advised the government its citizenship revocation package had a good prospect of clearing the high court.

“What the shadow attorney general is now doing is taking his feud with the attorney general into an area where he is putting our national security at risk,” Turnbull told parliament on Monday.

The prime minister said Dreyfus needed to “get over these petty personal animosities and get on our team, get on Australia’s team, to ensure that we have the right legislation”.

Source: Turnbull rebukes Labor over citizenship questions, saying ‘get on Australia’s team’ | Australia news | The Guardian

Australian extremist with dual nationality ‘will be stripped of his citizenship’ | Daily Mail Online

Australia’s first test case of its citizenship revocation law:

The government is preparing to prosecute an Islamic State terrorist with dual-nationality to strip them of their Australian citizenship in the first case tried under new security laws, officials claim.

It is understood the government will enforce a case against a well-known unnamed terrorist under amendments to the Citizenship Act, which was passed in December 2015, The Daily Telegraph reported.

The Citizenship Loss Board was created soon after to identify jihadis with Australian citizenship and that of at least one other country. It is understood there are more than 50 people who fit the profile.

The government is reportedly keen to pursue a test case of the controversial law.

Australian Federal Police and ASIO are believed to have recently raised concerns about the burden of proof needed under the new laws.

Officials must show the suspected terrorist is also a citizen of a new country, not that they are simply entitled to dual-citizenship – which could be difficult to prove, The Daily Telegraph reported.

A new parliamentary report published in September backed the government’s controversial plan to strip citizenship from convicted terrorists of dual nationality.

Abdul Nacer Benbrika, Mohamed Ali Elomar and Mostafa Mahamed Farag are believed to be part of an initial group of six people the government plans to boot from the country once the law is passed, the newspaper claims.

Elomar was part of a group found guilty in 2009 of planning an attack in Sydney, after he was arrested in 2005. He was sentenced to 28 years in prison in 2010, and is also the uncle of killed ISIS fighter Mohamed Elomar.

Farag, also known as Abu Sulayman, is believed to be one of the most senior Australian terrorists fighting in the Middle East. Before leaving the country, he preached at a centre in the western Sydney suburb of Bankstown.

 The Australian government has been increasingly concerned about the flow of fighters to Iraq and Syria to join extremist groups such as Islamic State, with some 110 Australians reportedly fighting in the region as of last year. As many as 45 have died in the conflict.

The Attorney-General George Brandis said at the time the law passed that they will not render individuals stateless, but will apply in ‘very limited circumstances’.

They cover people who engage in terrorist acts, including training, recruitment and finance, and are convicted of a terrorist offence and sentenced to at least six years in jail.

Those who fight for a declared terrorist group also automatically lose their citizenship.

‘Dual nationals who engage in terrorism are betraying their allegiance to this country and do not deserve to be Australian citizens,’ Mr Brandis said.

Source: Australian extremist with dual nationality ‘will be stripped of his citizenship’ | Daily Mail Online

The Evolution of Citizenship: Policy, Program and Operations

There are comparatively few articles on the history of Canadian citizenship, particularly with respect to the administrative and operational aspects.

This article, being published in installments by the Canadian Immigration Historical Society (CIHS), aim to fill that gap and provide useful historical context to some of today’s policy and public debates.

I would like to thank the CIHS for their encouragement and support, particularly Valerie de Montigny, whose critical review and careful editing helped enormously.

The first instalment: Bulletin 78 – September 2016

Given that this history may provide context for some of the upcoming debates over the amendments to the Citizenship Act in Bill C-6, currently before the Senate, the full article can be found at the following link:

The Evolution of Citizenship: Policy, Program and Operations

Farzana Hassan: It’s unjust to revoke the citizenship of refugees’ children

Good piece by Farzana Hassan on the streamlined revocation process, without right to a hearing or equivalent procedural protections. Welcome contrast to much of the other commentary in the Sun:

Monsef’s mother filed an application stating her children were born in Afghanistan, but it turns out the MP was born just across the border in Iran, during her mother’s several crossings to avoid persecution and harassment from the Taliban.

Did her mother lie about this? No one can be sure. Language could have been a barrier, or she may have been too distraught. After all, they were faced with the constant threat of harassment, even death.

It was the Harper government that revised the legislation to allow citizenship revocation without a hearing, but it is the Trudeau government that has been enforcing it quite aggressively, stripping people of Canadian citizenship at the rate of approximately thirteen individuals per month.

Such policing seems a little ironic considering Trudeau’s soft approach to revoking the citizenship of terrorists, people who should have professed binding loyalty to the people and soil of Canada. But they lied about their intention. The very basis of their entry into Canada was a false premise.

By contrast, should we be tolerant of the offspring of parents who may have committed errors on their application for a host of forgivable reasons? It may even be naive to expect poor and illiterate refugee status applicants trying to escape Taliban brutality to even understand the concept of citizenship. The law should show some flexibility towards such migrants, and more towards their hapless children.

Some migrants falsely filing their own application deserve to have their citizenship revoked. But by no means should their children be made to suffer.

Trudeau is silent on this controversy over a government insider. And Monsef too is hardly forthright enough. But the law is still unjust when it affects the children of refugees.

In order to rectify any past injustices and to bring some fairness to the debate, we are required to ask if mistakes of the past will be rectified. That is, once the MP’s case has brought the absurdity of the law into the limelight, will people already stripped of their citizenship and deported be allowed to have their citizenship status restored?

To quote Josh Peterson, executive director of the British Columbia Civil Liberties Association, “When we get a parking ticket, we have a right to a court hearing…and yet for citizens to lose their entitlement to membership in Canada based on allegations of something they may or may not have said 20 years ago, they have no hearing? It just doesn’t make any sense.”

Paterson is part of a group that launched a constitutional challenge to the law. Trudeau’s response to the Maryam Monsef case should have a huge bearing on this challenge. Let us hope a touch of humanity will soften this tough legislation.

Source: Farzana Hassan: It’s unjust to revoke the citizenship of refugees’ children | Ha

ICYMI: I’m being stripped of my citizenship – along with 65 million other Britons | David Shariatmadari, The Guardian

Interesting take on the impact of Brexit, precisely of those more mobile citizens:

But the issue of EU citizenship isn’t quite closed – or rather, it needn’t be.

The EU citizen was created in 1993. It is a person who, across the union, cannot be discriminated against on the basis of nationality; can move and reside freely; can vote for and stand as a candidate in European parliament and municipal elections; and is entitled to consular protection outside the EU by European diplomats. More than that, citizenship established a identity, separate from nationality, shared between individuals in the union. A common bond of the kind that Theresa May otherwise admires. In the 23 years since, cultural, political, academic and social exchange has become the norm. What might have initially seemed like a paper exercise has become durable and meaningful to millions. Eurosceptics hate it, no doubt. That doesn’t mean it isn’t real.

Neither was it an arrangement entered into lightly. It was the result of a treaty, signed, incidentally, by a Conservative government. A treaty is an international promise, and a promise to one’s own people. There was no suggestion at the time that the rights granted would be taken away again. Mass stripping of citizenship had previously only occurred when an alternative citizenship was created, and often following war: for example, when Algeria won independence from France, and Algerian nationality came into being.

As Kochenov points out, Europe has had a flexible attitude towards citizenship in the past. It has had to, as a result of the massive changes in the territories governed by EU members. That means there is some hope that something of the “spirit” of 1993 could be salvaged. Or there was, until very recently.

The only way these rights could be maintained for British people would be for the UK to agree some kind of “associate nationality” with the union of which it is no longer a member. With political will, that could be achieved. However, it would require reciprocal benefits, most likely equivalent rights for EU nationals in Britain. In apparently opting for “hard Brexit”, without freedom of movement, May has made any such deal extremely unlikely.

Many of the arguments over how to conduct Brexit are made in transactional terms. Can we swap security cooperation for financial passporting rights? The right of EU nationals to stay put for lower trade tariffs? A customs union for, I don’t know, making Boris Johnson governor of St Helena?

In the meantime, a solemn social contract made between a government and its people a quarter of a century ago is being torn up. Citizenship isn’t a game, to echo one of Theresa May’s most resonant phrases. So don’t pretend to value it while treating it like so much red tape.

Source: I’m being stripped of my citizenship – along with 65 million other Britons | David Shariatmadari | Opinion | The Guardian

India: Opposition, NGOs slam move to amend Citizenship Act – The Hindu

Indian citizenship debates and religious preference:

The Bill has been criticised by the Opposition, which has accused the government of granting citizenship to persecuted minorities from neighbouring countries on “religious lines” and wooing the majority Hindu community.

To change definition

With this amendment, the government plans to change the definition of “illegal migrants” that will enable it to grant citizenship to minorities, mostly Hindus from Pakistan, Bangladesh and Afghanistan, who fled their countries fearing religious persecution. The Bill creates an exception for Hindus, Sikhs, Buddhists, Jains, Parsis and Christians from Afghanistan, Bangladesh and Pakistan, and plans to reduce the requirement of 11 years of continuous stay to six years to obtain citizenship by naturalisation.

The Bill was introduced in the Lok Sabha in July.

A joint parliamentary panel, which is examining the Bill, heard petitions from several NGOs on Thursday.

 One of the NGOs from Assam demanded that the requirement of 11 years of continuous stay be waived for all Hindus and that they be immediately included in the National Register of Citizens (NRC). The NRC is being updated in Assam to weed out illegal migrants who came to Assam post the 1971 war when Bangladesh was liberated from Pakistan. The cut-off date for the NRC is midnight of March 24, 1971, and all those who migrated to Assam from Bangladesh before this period would get Indian citizenship as per the Assam Accord signed in 1985.

Another NGO from Rajasthan also demanded that Hindus be exempted from the naturalisation process.

At the meeting, parliamentarians said the government was amending the Act to appease the Hindu community as the people who would be benefited the most would be Hindus from neighbouring countries.

Source: Opposition, NGOs slam move to amend Citizenship Act – The Hindu