New citizenship deprivation [revocation] rules in the wake of Paris attacks

Good update of citizenship revocation measures:

The terrorist attacks that happened in Paris on 13 November 2015 have been followed by a toughening of citizenship rules in a number of countries. This is reflected in both a more cautious approach to naturalisation and in proposals to withdraw or deny citizenship to suspects of terrorism (and occasionally to their families).

Increased security concerns adversely affected the Italian attempts to introduce ius soli temperato (moderated ius soli) for second generation migrants. Moderated ius soli would allow children born to foreign nationals in possession of a European Union Long Term Residence Permit to acquire Italian nationality by registration before the eighteenth birthday.

Yet considerably more countries have proposed, and some have already adopted, provisions on grounds of which suspects of terrorism would be deprived of their citizenship.

Three days after the attacks in Paris, speaking at a joint session of both houses of the French parliament, the country’s President François Hollande  proposed citizenship deprivation for dual nationals who are convicted of terrorism.

On 22 November 2015, the Israeli Prime Minister Benjamin Netanyahu put forward a motion to allow the country’s government to withdraw citizenship of those who join the Islamic State.

In early December, the authorities of Dagestan, a Russian federal unit located in the North Caucasus, proposed to the Russian Duma to amend the country’s citizenship law to deprive of citizenship those who ‘left Russia to take part in terrorist activities’.

Similar initiative has also resonated in the Belgian public discourse, where he Flemish nationalist party NVA, argues for amendments to citizenship law to allow the deprivation of nationality to descendants of Belgian citizens (second and third generations) convicted of terrorism. The current citizenship legislation allows withdrawal of citizenship, but only for those who are not born Belgians, or who have acquired citizenship by naturalisation.

Two countries, Australia and Azerbaijan have already amended their legislation in this regard.

Australia has moved to strip dual nationals who ‘have fought in government-designated militant groups or engaged in activities that would support terrorism, such as training, recruitment, or making donations’ already in June 2015 when it adopted the Allegiance to Australia bill. In December 2015, the bill was amended and leads to automatic loss of Australian citizenship for individuals suspected of terrorism who are 14 years or older, even in the absence of conviction. Under the new provisions, citizenship lost on grounds of sections 33AA and 35 cannot be regained. Civil society organisations consider this a controversial and possibly unconstitutional move that creates two classes of citizenship.

The parliament of Azerbaijan amended the country’s s citizenship law on 4 December to withdraw citizenship of those ‘involved in terrorist activity and actions aimed at the violent change of the constitutional system of Azerbaijan’. Under the new rules, such individuals will be automatically deprived of Azerbaijani citizenship.

For more details on the current and past citizenship laws of Italy, France, Belgium and Russia consult our country profile pages.

Source: EUDO CITIZENSHIP

Liberals Urge 33 Of Harper’s Political Appointees To Resign Voluntarily

Interesting that of the 39 letters, 1 is to a citizenship judge (Roy Wong) and four to appointees to the IRB:

Liberal MPs urged dozens of Conservative political appointees Monday to follow the federal government’s request and voluntarily resign from positions to which they were appointed in the dying days of Stephen Harper‘s government.

Last summer, Harper’s cabinet approved the appointment or term extensions for 49 people, whose positions took effect only after the Oct. 19 election.

The Prime Minister’s Office is particularly incensed over the unusual, and extraordinarily high, $1-million-plus severance packages that some appointees negotiated with the Conservative government. In total, taxpayers could be on the hook for $18.5 million to break the contracts.

Thirty-eight people were appointed to terms that took effect between Oct. 20, 2015, and Dec. 30, 2015. Ten people were appointed to terms starting in 2016 and one extreme case was to start in 2019. But John Badowski, the chairperson of the Transportation Appeal Tribunal of Canada, resigned his future appointment last week before being formally asked. 

Given that the Government has expressed its lack of confidence in these appointees, it would be wise for them to voluntarily resign.

Source: Liberals Urge 33 Of Harper’s Political Appointees To Resign Voluntarily

Hollande’s plans to strip dual nationals of citizenship stirs the Left – France

Healthy debate to have:

French government plans to toughen security laws in the wake of the Paris attacks, which include stripping dual nationals of their citizenship, have come under fierce scrutiny from members within its own ranks. Lille mayor and former labour minister Martine Aubry has called into question the moral basis of the move.

“I’m not sure stripping dual nationals of their citizenship is absolutely necessary,” Martine Aubry told French TV channel BFM on Thursday.

The French government has introduced a raft of security measures since the Paris attacks on 13 November. The police has carried out over 2000 raids on suspects with terrorist links as part of new emergency state laws. Today President François Hollande wants the state to have even more sweeping powers, such as being able to strip dual nationals of their citizenship if they’re involved in terrorist offences.

The prospect has sent alarm bells ringing within his Socialist party, concerned that the Left is jerking dangerously towards the Right.

“Should we treat dual nationals born in France differently? Should we be suspicious of anyone whose parents come from abroad?” Aubry continued.

In essence, the former Labour minister is criticizing what she considers to be a knee-jerk reaction on the part of the president “to give the allusion that he’s going far enough.”

Her comments come three days before regional elections, in which the Far-right Front National is slated to win.

The Paris attacks have reshaped the context. The focus is now less on social issues–although unemployment is higher than ever according to fresh statistics published on Thursday-and now more concentrated on security. A growing number of candidates are opting for stringent security measures in their manifestos to compete with Marine Le Pen.

“It’s out of the question to let the Front National win,” Aubry added, pledging her “full” support to François Hollande in regional elections, of which the first round kicks off this Sunday.

The fact remains however, that she still has doubts on whether his security face-lift suits him.

Source: Hollande’s plans to strip dual nationals of citizenship stirs the Left – France – RFI

Refusal to grant British citizenship to extremist’s family ruled unlawful

Over-reach, not authorized by legislation (apart from the substance):

An unprecedented decision by the home secretary, Theresa May, to refuse British citizenship to the wife and children of a supporter of Osama bin Laden in order to deter other potential extremists has been ruled unlawful by the high court.

Mr Justice Ouseley quashed the refusal of British citizenship to the wife and two adult children of the Islamist extremist, who is a refused asylum seeker but cannot be deported to Egypt for fear he will be tortured.

The judge said May had acted unlawfully because parliament had not expressly provided that British citizenship could be refused to deter others from engaging in extremism in the future.

The Egyptian family, who have been in Britain since 1994, cannot be named and were referred to in court as HY, MM, GY and TY. The father has been described by the Home Office as an Islamist extremist and is listed by the United Nations as associated with al-Qaida through Egyptian Islamic Jihad.

The mother, aged 51, is bedridden and mainly lives with her husband, while their children, who are in their 20s, have left home and are following professional careers and have their own families. All were given indefinite leave to remain in Britain in May 2009.

The family’s barrister, Michael Fordham QC , told a hearing in October that the wife and children were “blameless individuals whose good character is unimpeachable” and were being blamed for the “sins of their father”, who was no longer regarded as a threat by the security services.

The judge said they were each regarded as being able to truthfully take the citizenship oath and pledge of allegiance in good faith. The Home Office said there were “no lurking doubts” or reasons to suspect they were in any way involved in extremism.

…Robin Tam QC, for the home secretary, said British citizenship was a privilege and not a right, and it was not irrational to deny it as a deterrent to individuals connected by blood or marriage to those who had engaged in extremist activities.

Ouseley did not agree. He said there was “real unfairness in refusing naturalisation to someone who qualified in all other respects, in order to provide a general deterrent to others, over whom the applicants had no control”.

The judge said that if parliament had ever intended the home secretary to use such a discretionary power, it would have expressly provided for it. He said the effect of her approach, which he said was unprecedented, was to force applicants to choose between family and British citizenship in order to deter others from extremist activities.

Source: Refusal to grant British citizenship to extremist’s family ruled unlawful | UK news | The Guardian

Expats may have Harper Tory restrictions on voting dropped, Liberals say

To be watched – I think the current 5 year rule is appropriate (it was instituted in 1993 and the social contract reasoning of the Court decision makes sense). Moreover, not clear how many expats would in fact vote (see earlier Reframing the debate over expat voting: Russell and Sevi, Globe editorial for the numbers):

The new Liberal government wants more Canadians to vote in elections and won’t be reviving measures proposed by the former Conservative regime that critics said would have the effect of suppressing voting, the Prime Minister’s Office said Wednesday.

At the same time, a spokesman for the PMO said the government had made no decision on an existing law currently subject of a court battle that effectively disenfranchises expats abroad for more than five years.

“We will be able to clarify our intent in the coming months,” Olivier Duchesneau, deputy communications director in the Prime Minister’s Office, said in an email.

“But we believe that more Canadians should have the ability to vote, not the opposite.”

Two expat Canadians in the United States launched a constitutional challenge to rules in the Canada Elections Act that bar them from voting from abroad. They were initially successful in Ontario Superior Court in 2014, but the province’s Court of Appeal sided with the Conservative government in July.

The two are now waiting to see if the Supreme Court of Canada will take up their case. In the interim, they have called on Prime Minister Justin Trudeau to withdraw the government’s defence of the legislation if the top court does agree to a hearing.

The PMO said no decision has been made on the litigation or the existing legislation, but made it clear the Citizens Voting Act or Bill C-50 proposed by the former government would stay dead.

Among other things, it tightened ID and registration requirements for voters living abroad. The Conservatives argued it was aimed at preventing fraud, but critics said it would make it harder for expats to vote.

The bill, introduced last December by then-democratic reform minister Pierre Poilievre in response to the initial court decision, passed second reading in May and was being debated in committee. The legislation died on the order paper when the election was called.

“The government is committed to scrapping the Citizens Voting Act,” Duchesneau said.

Source: Expats may have Harper Tory restrictions on voting dropped, Liberals say

Don’t want to pledge allegiance to the Queen? Seek comfort elsewhere: Macleans editorial

More commentary on the recanting of the reference to the Monarchy in the citizenship oath:

It would be easier to be annoyed with Bar-Natan’s hypocrisy if he was less effusive in his praise for his new homeland. “I’m definitely proud to be a Canadian,” he told the Canadian Press after the ceremony. “It’s a wonderful country, a truly wonderful country, with one small iota that I disagree with.” That said, Canada is not an à la carte proposition in which new citizens should be encouraged to sign up for the bits they like and ignore the rest. Anyone who finds the totality of Canadian democracy repulsive is welcome to seek comfort elsewhere. Perhaps in time Bar-Natan will come to realize the bothersome oath to Queen Elizabeth the Second that irks him is actually an essential component of Canada’s remarkable tradition of freedom, tolerance and diversity.

When Britain took control of Quebec following the 1759 Conquest, Canada’s “citizens”—the 70,000 or so habitants who suddenly found themselves British subjects—were initially required to take an anti-Catholic “Test Act” oath to vote or hold public office. Concern for the rights of his French-speaking, Catholic citizenry led Quebec governor Guy Carleton to replace this offensive religious obligation in 1774 with a uniquely Canadian compromise: a secular oath pledging allegiance instead to the Crown. This early expression of Canadian constitutionalism allowed the Canadiens to participate fully in society and guaranteed their freedom of religion.

Today’s oath is a direct descendant of Carleton’s innovation. It is a deliberate effort to mould an inclusive society out of diverse parts—and the very reason Bar-Natan can become a Canadian while at the same time expressing dissent, however sanctimoniously. We should be celebrating this remarkable history of toleration, not disavowing it.

Source: Don’t want to pledge allegiance to the Queen? Seek comfort elsewhere

Review: Robin Higham’s What Would You Say? … as guest speaker at the next Canadian citizenship ceremony

what would you saysRobin Higham, my helpful ‘trusted reader’ for my book, Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, has written What Would You Say? … as guest speaker at the next Canadian citizenship ceremony, an anecdote-based approach to understanding the rights and responsibilities of citizenship.

His latest book develops further his thoughts on integration, first expressed in his earlier work, Who Do We Think We Are, which focussed on reasonable accommodation,.

As before, Higham uses archetype-characters both Canadian-born and immigrants to express a range of perspectives, ranging from ‘old-stock’ (indigenous, two francophones, anglophone) to ‘new-stock’ (East European, Latin American, Indo-, and Muslim) Canadians. Higham uses these characters to fashion a conversation regarding the responsibilities of integration and citizenship.

This is an effective technique to outline some of the issues involved and capture different perspectives.

However, like any anecdote-based approach, it has a number of weaknesses, starting from how one frames such discussion, and what assumptions and premises underlie his argumentation.

Higham’s underlying bias and ideology are clear. His choice of Gilles Paquet’s apocalyptic frame — political correctness, reluctance to confront, culture of entitlement, and unreasonable accommodation — and how these are interpreted, reflect a distinctly conservative perspective, focussed on social cohesion more than inclusion.

But this frame is more asserted than demonstrated through evidence, along with his underlying premise that integration is the responsibility of the newcomer. His characters all largely assert this, with the anecdotes selected to buttress his arguments, with limited examples of the more nuanced approach to integration.

In reality, there is a more complex dynamic of integration and accommodation, whereby wider society also plays a significant role in how it adjusts to the needs and requirements of newcomers, within the general framework of Canadian law.

A large part of the relative success of Canadian immigration, citizenship, and multiculturalism policies reflects this integration and accommodation dynamic. Canadian society adapts over time as its diversity changes. Integration is not one-way but multi-dimensional, as successive debates over what kinds of accommodation are reasonable and what are not illustrate.

There is an abundance of evidence, ranging from Statistics Canada, OECD and other international organizations, along with and public opinion research and election results, that indicates, overall, that Canada is remarkably successful compared to other countries in building an integrated society that recognizes the diversity of different groups, and one that most Canadians are comfortable with. A large part of this success reflects precisely our ability to be flexible and accommodate difference, allowing integration to take place over time, but within the overall Canadian constitutional and legal framework.

Anecdotal evidence suggests that ‘political correctness’ and a ‘reluctance to confront’ can be seen as civility and that the alternative, as seen in the recent Canadian election (e.g., the wedge politics of the niqab), the USA (e.g., the Republican primary) and Europe is neither helpful to integration and belonging. And while a preference for a more Cartesian approach to accommodation issues may be seductive given greater clarity, society evolves with time, and the more ad hoc approach of (English) Canada has arguably proven more effective.

This is not to say that Canada is without challenges, whether it be with respect to the persistence of poorer economic outcomes, finding the right balance between integration and accommodation, or the declining rate of citizenship.

But given this, where does Higham end up on citizenship rights and responsibilities for newcomers?

  1. Be mindful of what wasn’t working when you left home – emigrated – and also remember why you chose to come to Canada. Many newcomers probably arrive here with valuable citizenship lessons for us all.
  2. Exercise civility … even towards the ‘others’ in your community. You should also find that there are many fewer ‘others’ around you once you join the ‘otherness community.’
  3. Civics … we need your engagement and investment in our democratic processes and institutions. They are our default complaint-management mechanism.
  4. Strive for low maintenance citizen status, especially, but not only, with respect to government and community-funded, social-support programs.
  5. Build trust amongst citizens, all citizens. Always talk to strangers. Seek to minimize ‘transaction costs.’
  6. Be sensitive to the package of those obvious un-Canadian transgressions. Know what kinds of things it is best to avoid.
  7. At home, be alert to your responsibility to respect and protect each of your family members’ rights. You will have to both monitor and coach the youngsters in your entourage.
  8. Accept that there are limits to the capacity of your community to accommodate new expressions of values, beliefs and traditions. Expect to have to make adjustments of your own in order for you and your family to develop and to prosper.

To Higham’s credit, these are expressed with respect, modelling how one can overcome the ‘reluctance to confront’ in a manner that encourages dialogue rather than shutting it down.

But it does beg the question: how would one construct such a list that applies to all, both old and new Canadians? My take, drawing on Higham’s list, suggests that this is not difficult:

  1. Be mindful of what wasn’t working when you or your ancestors left the country of origin and chose to come to Canada.
  2. Exercise civility towards all, whether new or old Canadians, whether from one’s ethnic or religious group or not, whether male or female, whether gay, straight or transgendered, etc.
  3. Engage and participate actively in wider Canadian political life and debates, not just ones of immediate interest to you.
  4. Our social safety net is to be used when needed, not abused.
  5. Be trustful of others and forgiving of misunderstandings.
  6. Be understanding of others and their sensitivities, whether cultural, religious or other. Accommodate where feasible and treat accommodation requests with respect.
  7. Be mindful of one’s biases and prejudices before acting or opining.
  8. Apply these in the home, workplace and wider society.

Returning to a theme that I have explored in my own writings, the relative strengths and weaknesses of evidence and anecdote, I think it important to underline that while both have their place in terms of policy development, assertions and anecdotes are invariably more susceptible to bias and ideology.

Evidence may not be bias-free — how one chooses which evidence to cite and how one constructs an evidence-based narrative — but is more constrained than relying on pure anecdote. With Ottawa returning (thankfully) to more evidence-based policy making, public servants nevertheless must be mindful of the risks of such bias in their choice of evidence, particularly since it may be less challenged by the political level.

I encourage those interested in citizenship and multiculturalism issues to read Higham’s book for his modelling of respectful dialogue. But I would also encourage all to consider how to frame such discussions in a manner that includes old and new Canadians alike, and offer my list above to continue the conversation.

A slightly condensed version of this article appeared here: Integration Not Sole Responsibility of Newcomers – New Canadian Media

Lulu Book Sale – 35 percent off, today only

Lulu 3 DecFor those interested in the print version of Multiculturalism in Canada: Evidence and Anecdote or Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, one of Lulu.com’s regular sales.

The direct link to my book page is: My Author Spotlight.

New Canadian renounces oath to the Queen, pledges ‘true’ loyalty only to Canada – Toronto – CBC News

Further to my earlier post (Man set to recant oath to the Queen right after #citizenship ceremony). He did make his allegiance to Canada clear, limiting the issue to the Monarchy.

Highly unlikely that changing the oath will be a priority for the government given so much else on their agenda, including changes to the Citizenship Act:

At a citizenship ceremony in east Toronto, Bar-Natan first swore the oath along with some 80 others and then, while being handed his citizenship certificate, informed the citizenship judge of his intent to disavow the portion of the oath pledging allegiance to the Queen.

He formally recanted that part of the oath following the ceremony and handed the judge a letter explaining his decision.

“I wish to affirm my allegiance, my true allegiance to Canada and the people of Canada, but also to disavow the royalty part and only the royalty part of the citizenship oath,” Bar-Natan told the judge as others looked on.

“I hear you sir. And I thank you for your honesty,” said citizenship judge Albert Wong, who shook Bar-Natan’s hand. “I welcome you to Canada and I look forward to the contributions you will make.”

Bar-Natan later said he had felt “somewhat humiliated” at having to say the oath at all, despite being able to disavow the part of it he disagreed with later.

“I do feel that it is comparable to hazing, the fact that you are required to stand up and express views that are opposite to yours,” he said. “I don’t think it is a part of Canada to impose political speech on others. To impose opinions on others.”

Bar-Natan added that a website he has set up — disavowal.ca — will allow other Canadians to publicly disavow their pledge to the Queen, regardless of when they took their oath.

Bar-Natan’s controversial decision sparked some strong reactions on social media.

“Strip him of citizenship the moment he disavows the oath. If he doesn’t want to keep the oath, he shouldn’t be made a Canadian,” tweeted one person.

“Why do people come here if they have no intention of following the basic requirements,” said another.

Bar-Natan’s lawyer said he hoped his client’s actions would draw the new Liberal government’s attention to re-evaluating the wording of the citizenship oath that deals with the monarchy.

“He underlined how silly it is to require somebody to say it,” said Peter Rosenthal. “I hope that will contribute to the public debate about this and the present Liberal government will do what the Chretien government almost did in 1994.”

In the 1990s, former Liberal prime minister Jean Chretien was set to scrap the oath to the Queen but got cold feet at the last minute, then-citizenship minister Sergio Marchi has told The Canadian Press.

Source: New Canadian renounces oath to the Queen, pledges ‘true’ loyalty only to Canada – Toronto – CBC News

Man set to recant oath to the Queen right after #citizenship ceremony

While I am no fan of the current citizenship oath and its reference to the Queen (even if the reference refers more to the institution of the Crown, rather than the Queen personally), I find these kinds of cases silly.

The proper way to change the oath is not through the courts but rather through Parliament.

And it does beg the question, whether recanting should be viewed as renouncing citizenship?

A soon-to-be Canadian has served notice that he plans to recant the mandatory Oath of Allegiance to the Queen immediately after he becomes a citizen.

In a letter sent to the citizenship court judge earlier this month, Dror Bar-Natan states his opposition to the oath, which he calls “repulsive,” and his plan to renege on the pledge following his citizenship ceremony on Monday.

The Queen is a symbol of entrenched and outdated privilege and the pledge is tantamount to a “hazing” ritual, Bar-Natan said in an interview.

“To become a Canadian citizen, I am made to utter phrases which are silly and ridiculous and offensive,” he said. “I don’t want to be there.”

Bar-Natan, 49, a math professor from Israel who has been in Canada for 13 years, was one of three longtime permanent residents who challenged the constitutionality of making citizenship conditional on promising to be “faithful and bear true allegiance to Queen Elizabeth the Second, Queen of Canada, her heirs and successors.”

In upholding the requirement, Ontario’s top court said the Queen remains Canada’s head of state and the oath was a “symbolic commitment to be governed as a democratic constitutional monarchy unless and until democratically changed.”

The court also found that all citizens have the right to espouse anti-monarchist views and new Canadians could “publicly disavow what they consider to be the message conveyed by the oath.”

Source: Man set to recant oath to the Queen right after citizenship ceremony – Macleans.ca