Zunera Ishaq cleared by court to take citizenship oath wearing niqab

Pretty clear that a large part of the motivation for the appeal is political and to keep issue prominent, given the weak legal case (lack of Ministerial authority to implement administratively):

Regulations have banned wearing of face veils at citizenship ceremonies, but Ishaq challenged the rule and won in Federal Court. On Sept. 18, the Federal Court of Appeal upheld that decision in a quick ruling from the bench. The federal government had sought a stay of the ruling and said it intended to appeal to the Supreme Court.

“I am pleased that the courts have reaffirmed my right to citizenship and to vote,” said Ishaq in a written statement issued to CBC News through the law firm of Waldman & Associates.

“I am disappointed with the government’s focus on my individual case when there is so much more that merits the attention of Canadians at this time,” Ishaq said. “I’m also disappointed that Mr. Harper continually twists the facts of my case for his gain.

“I wish to confirm that I will be identified without my veil for the purposes of the ceremony. This has nothing to do with identity and everything to do with my right  — and the right of all Canadians — to think, believe and dress without government interference,” she said.

Before reciting the oath, would-be Canadians are required to provide multiple proofs of identity. Those who wear face coverings must remove them before the ceremony in private before a citizenship official.

Ishaq is one of two women who have refused to unveil before taking the citizenship oath since the Conservatives introduced the policy directive in 2011.

Conservatives ‘disappointed’

Conservative Party spokesman Chris McCluskey told CBC News in an email, “We are disappointed in the court’s decision, especially as we were waiting on the Supreme Court to hear our appeal.

“We have committed to rectifying this matter going forward by introducing legislation that will require one to show their face while swearing the oath of citizenship. Legislation will be introduced within the first 100 days of a re-elected Conservative government.”

“At this point, the Federal Court of Appeal has made a clear statement that there’s no basis to grant them a stay, that they upheld their previous ruling that this case has nothing to do with the niqab,” said Lorne Waldman, Ishaq’s lawyer, in a telephone interview with CBC News.

“It’s an issue from the rule of law, and the minister acted illegally in creating a policy that went contrary to the legislation, and that’s what this case is about.”

The Department of Citizenship and Immigration must formally invite Ishaq to attend a ceremony. Several are scheduled in Ontario between now and the Oct. 19 election.

Source: Zunera Ishaq cleared by court to take citizenship oath wearing niqab – Politics – CBC News

Citizenship: getting the balance right | hilltimes.com

My piece in The Hill Times regarding transition advice should there be a change in government (entire article given paywall):

With a federal election upon us and a possible change of government, what are the policy changes an incoming government may wish to consider, and which policies may it wish to keep?

The Conservative Government made “citizenship harder to get and easier to lose.” Residency, knowledge and language were all tightened (with reduced administrative discretion to waive language requirements and an exhaustive residency questionnaire introduced), fees more than quintupled, credit for pre-Permanent Resident time was ended, and citizenship revocation was made easier.

Some of these changes were overdue and needed. Any new government should maintain the tougher residency requirements (particularly the requirement to be physically present). Similarly, administrative measures to ensure integrity (rotating test questions, more consistent language assessment, filing Canadian tax returns) or improving efficiency (abandoning incomplete applications, simplified one-stop decision-making model) are sound and enhance the meaningfulness of Canadian citizenship.

However, a new government would likely seek to overturn other changes, based upon testimony during the 2014 Citizenship Act hearings and campaign commitments.

An early symbolic signal would be to reduce the $530 fee back to $300 (the $100 fee of almost 20 years ago being unrealistic), with consideration for hardship cases (e.g., refugees). A second change would be to abandon any current revocation cases for dual nationals before the courts, and announce the government’s intent not to launch any further cases.

The writing of a new citizenship guide that offers a more balanced interpretation of Canadian history, society and government could be achieved administratively. Ideally, this would build upon some of the strong points of Discover Canada (e.g., emphasis on history, role of the Crown and democratic institutions, military, rights and responsibilities, Quebec context), balanced with greater emphasis on social history, rights of women, Charter equality rights, arts and culture, and a reduced Monarchist flavour, along with more inclusive language. This should be accompanied by revising material handed out during citizenship ceremonies, including the Charter of Rights and Freedoms.

However, other changes could only be achieved through legislation. These include abolishing the “intent to reside” provision (requiring applicants to declare that they will continue to reside in Canada) given possible ambiguities in interpretation, restoring pre-Permanent Resident time credit towards citizenship residency requirements for some groups (e.g., international students), abolish testing 14-17 year-olds for knowledge and language given they would have been in the school system, restoring the Governor-in-Council role for revocation in cases of fraud or misrepresentation rather than only the Minister (or at least provide for oral hearings), and removing the revocation provision for dual nationals convicted of terror or treason, given that it creates two classes of citizenship and is likely unconstitutional.

In addition, any incoming government (and the public servants advising them) need to reflect on the government machinery and organizational weaknesses of Citizenship and Immigration Canada. While CIC is organized to deliver stable levels of new immigrants (about 250,000 annually), the citizenship program has been subject to recurring backlogs (over 300,000 in 2013), delays and uneven delivery (the number of new citizens has fluctuated between 113,000 and 263,000). While some reflects political direction, some is intrinsic to citizenship being a secondary priority, with less resources and management attention.

An external review of CIC’s management structure (shift from a functional to business-line model?) and governance needs to be done to ensure stronger management and oversight of citizenship.

Service standards of one-year for citizenship acquisition with regular public reporting are needed.

Apart from the question of whether an incoming government will appoint a strong minister (history suggests that Minister Kenney was an exception), there is also the question of whether citizenship will be a priority in relation to immigration and refugee policy.

Whatever changes a new government chooses to pursue, comprehensive public consultations and a willingness to entertain opposition suggestions (and in the case of legislation, amendments) should be an essential part of building consensus and ongoing support for whatever approach an incoming government pursues.

Previous governments made citizenship too easy to get and too hard to lose. The Conservative government redressed that imbalance. Hopefully, a new government will be able to achieve a new balance, maintaining the increased integrity bequeathed to them, but making needed adjustments to reinforce a more inclusive and welcoming approach to citizenship.

Source: Citizenship: getting the balance right | hilltimes.com (behind paywall)

A Tory blend of burqa-bashing and sex-education protests: Cohn

Martin Regg Cohn on the odd alliances at play and how he perceives Canada has changed:

Welcome to Canada, a country of diversity that imagines itself a beacon of multiculturalism, a bulwark of secularism, and a bastion of pluralism (which means, by the way, freedom for and from religion).

Now, Conservative Leader Stephen Harper is lifting the veil on the phobias still lurking beneath our vaunted tradition of tolerance. Who knew so many of us could get so hot and bothered about burqas and whipped into such a frenzy about homosexuality and sexuality?

When I returned to Canada a decade ago, after 11 years abroad as a foreign correspondent, I never fathomed that niqabs — a misplaced symbol of Islamist fundamentalism that I encountered overseas — would one day distract voters in a federal campaign.

And when I took over the Ontario politics column four years ago, I never imagined that dogmatic religious conservatism — the intolerance and inwardness I’d left behind abroad — would make a comeback in my home province.

Some days I feel like I’m still stuck in the Middle East watching Palestinians and Israelis at war with one another — or worse, turning on themselves: The baiting, the poking, the code language.

Overseas, it’s fear and loathing. Here at home, it’s smear and goading.

Sex-education protests and burqa-bashing are crossover issues. Like cross-dressing, they can be curious fetishes and phobias.

The fight against sex-education makes for strange bedfellows, for it is the flip side of the battle over the burqa. A vocal fringe within our Muslim minority — many of them clad, it’s worth noting here, in niqabs or hijabs — has made common cause with social conservatives protesting against the provincial sex-education curriculum.

It’s a classic case of the enemy of my enemy is my friend. But with friends like that, who needs enemies?

Oddly for anti-sex-ed Muslim parents, their allies in intolerance of gays are in some cases Conservatives stumping on the campaign trail by stirring up mistrust of Muslims who wear the niqab (which tends to drag down all Muslims).

It’s a teachable moment for any Canadian tempted to join in burqa-bashing: Tolerance is a two-way street.

Not every single parent who has reservations about the provincial sex-education curriculum is homophobic. But if you read the work of the Star’s education reporters, Kristin Rushowy and Louise Brown, it’s hard to ignore the homophobic impulses driving many of the protest organizers — rallying religious newcomers by preying on prejudices they may have carried over from their homelands, where homosexuality equals criminality.

People who defend the right to wear a niqab in public (while requiring them to identify themselves when necessary) aren’t pro-burqa, as NDP Leader Tom Mulcair argued in Friday’s French-language debate, any more than people who are pro-choice are “pro” abortion. Their position is more a variation on the Voltarian dictum, “I disapprove of what you say, but I will defend to the death your right to say it.”

One can disapprove of the niqab without disenfranchising women of citizenship and voting rights. But as a wedge issue, the burqa is unbeatable.

It presses our buttons, offends our sense of openness, makes it hard to connect with our interlocutor. Hence Harper’s undisguised glee in stirring up public mistrust of Muslims who cover up, and wounding his political opponents in the process.

Today the niqab. Tomorrow the hijab?

Will those armchair religious scholars who argue that the niqab has nothing to do with Islam (they are almost certainly right) next turn their sights on Canada’s ultra-orthodox Jews, the Hassidic (putatively pious) who persist in wearing black hats and silk stockings in public because they believe it an essential tenet of the faith (most Jews would disagree)? Shall we judge them next, stripping them of their garb as others did only a few decades ago?

Ah, but black hats and kippah and kirpans do not offend us as niqabs now do, you say? Recall that they were both proscribed in a proposed Quebec law banning religious symbols just a couple of years ago — so spare me the niceties on niqabs.

As for those who oppose an updated sex-education curriculum — the campaigning Conservatives having mischievously transposed a provincial responsibility to the federal polity — beware your bedfellows. All those Conservative candidates who tempt you into intolerance will lead you astray one day soon. Doubtless after voting day.

Multiculturalism in Canada: Evidence and Anecdote – Book Launch 13 October Reminder

A reminder for those of you in Toronto, Ryerson’s  Centre for Immigration and Settlement and the Global Diversity Exchange are hosting my book launch, one week from today, Tuesday October 13th at 11 am.

Poster below:

Griffith Ryerson GDX flyer

Griffith Ryerson GDX flyer

Conservatives crank up values clash by taking aim at ‘barbaric cultural practices’

Interesting that just two short years ago, Minister Kenney was accusing the Parti québécois of wedge and identity politics, and demonstrating  strong and principled opposition to the proposed Charter of Values:

“When Quebecers begin to actually contemplate the idea that provincial bureaucrats might be getting out a tape-measure to measure the size of people’s crosses, to see whether or not their earring is too obviously religious — this gets to a point of almost Monty Python-esque absurdity,” he said.
“And I don’t think the majority of Quebecers support will support that kind of overbearing application of power.”
Kenney noted that just a few decades ago, most of Quebec’s schools and hospitals were largely run by nuns “wearing headscarves and crosses.
“That’s the tradition of Quebec itself and I think it’s something that should be respected,” he said.
Earlier this week, Kenney said he will ask the Department of Justice to review the values charter if it becomes law in Quebec, to see if it violates the constitutional protection around freedom of religion in Canada.
Asked why Ottawa is wading into Quebec politics, Kenney said the federal government is prepared to mount a legal challenge against the plan because it’s a “clear effort to violate what are undeniably fundamental and universal rights, like freedom of religion.”
Quebec Premier Pauline Marois has said she is “very proud of the charter,” and is looking forward to a debate on it.
“I think we need to set clear guidelines for how we live together,” she told reporters on Wednesday.
But Kenney said such guidelines are counterproductive to creating a harmonious Canada.
“At the end of the day, integration outcomes depend on immigration inputs and if you want people to become a part of your society and fully participate in it, then you have to create a space (and) send a message that people are welcoming (and) including.”

Jason Kenney calls Quebec’s values charter ‘Monty Pythonesque

But he did support the requirement for citizens to show their faces when receiving government services:

He said that there “is an expectation that newcomers should make an effort to integrate successfully into Canadian society,” while adding that governments have “to be welcoming and to create equality of opportunity.” Mr. Kenney added that it is reasonable, as proposed in the charter, to call on all citizens to “show their faces” during interactions with the government.

Conservatives vow to challenge Quebec charter, should it pass

Today, the tone is different, and the Conservatives, as so many observers have noted, are aggressively playing the identity cart and the politics of fear. The latest summary of the culture wars and wedge politics of the Conservatives:

If it wasn’t clear already, the culture war is definitely on now  and the pollsters say it’s working,

With the polls moving the Conservatives’ way and sensing that a majority could yet be in sight, the Tory campaign is pressing hard on the hot button of identity politics, promising a new RCMP “tip line” to enable Canadians to report “barbaric cultural practices” such as sexual slavery or so-called honour killings.

On CBC News Network’s Power & Politics, Liberal pundit Amanda Alvaro fumed that this was a “barbaric political practice” by the Conservatives.

A good line, but, hey, could two more weeks of cultural combat put the Conservatives over the top? Somebody seems to think so.

Even as two of his colleagues were promising the new tip line, Calgary Conservative Jason Kenney launched a fresh attack on the wearing of a niqab, or face veil, which he called “medieval” and “tribal.”

While he was at it, Kenney blasted the Liberals and the NDP — again — for opposing the revocation of citizenship for convicted terrorists.

Do we need a tip line?

Of course, Canadians can already call police to report any crime, at any time. It’s hard to see how calling a different number will make much difference. Besides that, the urgent need for a special tip line does not seem to have gripped the Conservatives during their 10 years in office — only now, in the final days of an election campaign.

One thing the tip line does, though, is enable them to keep talking about an issue that seems to be firing up the troops.

The Conservatives’ emphasis on the defence of what they call “Canadian values” is credited by pollsters with a significant uptick in their support, particularly in Quebec.

And it’s not a risky strategy: a poll done by the Privy Council Office in March of this year, paid for by taxpayers, found 82 per cent of Canadians in support of the Conservatives’ bid to ban the wearing of a niqab at citizenship ceremonies. In Quebec, that number was even higher — 93 per cent.

“We need to stand up for our values,” said Conservative candidate Chris Alexander, who is in a tight race for re-election in the Ontario riding of Ajax.

“We need to do that in citizenship ceremonies. We need to do that to protect women and girls from forced marriage and other barbaric practices.”

Joining him was Kellie Leitch, the Conservative candidate in Simcoe-Grey, who said the tip line would mean that “citizens and victims can call with information about incidents of barbaric cultural practices here in Canada.”

She did not say what, if anything, prevents Canadians from doing that now.

However, she did say there would also be a new RCMP task force to enforce the Zero Tolerance for Barbaric Cultural Practices Act, which received royal assent in June. In addition, she promised a $12-million fund, over four years, to assist overseas aid groups to stop forced marriages of girls and young women in conflict zones.

“The Conservative government is not afraid to defend Canadian values and to be clear that these practices have no place in Canadian society,” said Leitch.

Kenney takes on the ‘medieval’ niqab

Kenney, simultaneously, was in Halifax to tout the Conservatives’ naval shipbuilding project. When asked about the niqab, though, he seized the chance — and denied that he was in any way demonizing Muslims.

“I think it’s completely wrong-headed to associate the niqab with Islam,” Kenney said.

“The niqab reflects a medieval tribal custom that reflects a misogynistic view of women.”

Kenney is correct that the vast majority of Muslim women, in Canada and worldwide, do not wear a veil and do not see it as a religious requirement. On the other hand, it just happens that those who wear it tend to be Muslims.

A new passport?

But, details, details. They don’t seem likely to interfere with the Conservative strategy. Kenney pressed on, repeating his attacks on those who differ with the cancellation of citizenship for Canadian convicted terrorists.

Kenney referred to the case of Farah Mohamed Shirdon, from Calgary, who was videotaped burning his Canadian passport while fighting with ISIS in June 2014.

“Mr. Trudeau and Mr. Mulcair,” said Kenney, “think that if that fellow shows up at one of our embassies, we should issue him a new passport and welcome him back to Canada.”

Both the Liberal and NDP leaders have said terrorists who are Canadian citizens should be in jail. But Tom Mulcair, well aware of the erosion of his poll numbers in Quebec, seemed to want to change the subject when he appeared for a pre-debate interview on City-TV in Montreal.

Mulcair said he would counter the Conservative tactics “by making sure that we don’t let Stephen Harper hide behind the niqab.”

When the host asked, “Well, let’s talk about the niqab,” Mulcair responded, “Well, let’s talk about his balance sheet — about what he’s done to Canada.”

But the Conservatives do want to talk about the niqab. And passports. And barbaric cultural practices. And, if a majority is possible, they’re not going to stop.

Read more of this post

Mulcair, the niqab and ‘a dangerous game’ – Patriquin

Patriquin gets it right:

It’s gross stuff, reminiscent of the Parti Québécois identity campaign of 2014, and it deserves to be shouted down. Tonight, finally, one of the leaders did just this. Tom Mulcair’s statement during the fifth and final election debate on those few square inches of face-covering cloth deserves to be quoted in its entirety.

“The way Mr. Harper says it, it’s like there are people here that are pro-niqab. No one here is pro-niqab. We realize that we live in a society where we must have confidence in the authority of the tribunals, even if the practice is uncomfortable to us. If a journalist says something that is uncomfortable to me, I still support his right to say it. Mr. Harper, you are playing a dangerous game of the kind I’ve never seen in my life.”

Since the outset of the campaign, the NDP leader has been dogged with accusations of political pandering—of changing his message depending on the audience. Yet here he was in Quebec, the NDP’s power base and the place where anti-niqab sentiment is at its highest, saying exactly what much of his electorate doesn’t want to hear.

….But back to Mulcair. In the throes of the 2014 Quebec election, when the Parti Québécois introduced a bill that would ban religious head coverings of all sorts from Quebec’s civil service, it was Trudeau who denounced it as an unseemly electoral gambit. Mulcair remained largely silent. “We don’t want to give ammunition to the separatists,” his aide told me at the time.

The PQ ended up losing the election. As it turned out, the scapegoating of religious minorities wasn’t boffo electoral fodder after all. Quiet then, Mulcair was anything but tonight, giving Conservative and Bloc attempt to capitalize on fear the full-throated condemnation it deserves. Mulcair is nothing if not calculating, and perhaps he has calculated that the niqab isn’t nearly the electoral millstone some of his opponents hope. That is a hell of a gamble. It is also an honourable one.

Source: Mulcair, the niqab and ‘a dangerous game’ – Macleans.ca

How law to strip terrorists of citizenship fits into global picture

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

Immigrants more likely to consider Canadian symbols important to national identity

SC - GSS Immigrant Native Comparisons.001

SC - GSS Immigrant Native Comparisons.002Interesting findings from the General Social Survey. For the charts, I have focussed on the contrast between immigrants (first generation) and the native-born and visible minorities (multiple generations but the vast majority first generation) and non-visible minorities.

The key takeaway, and no significant change from earlier surveys, is that for the most part, visible minorities and immigrants have higher level of attachment to Canada than the native-born (in early briefings to Minister Kenney, this type of evidence was cited to indicate that there was no need for major changes to the citizenship program:

The vast majority of Canadians think symbols like the flag and the national anthem are important to Canada’s identity, an expansive survey of opinions by Canada’s national data agency suggests.

More than nine in 10 Canadians surveyed by Statistics Canada said symbols like the Charter of Rights and Freedoms and the flag were important symbols of national identity. Other iconic notions such as the national anthem, the Mounties and hockey were also cited by more than three-quarters of Canadians polled in the agency’s General Social Survey, which asked 27,695 Canadians from all provinces and territories for their views on Canada’s national identity in 2013.

The vast majority of respondents said they believed that Canadians shared specific values. Exactly what those values are, however, is a subject of some debate.

Human rights a major factor

The thing most often cited by those who think Canadians share specific values was the value of human rights, at 92 per cent of respondents. Respect for aboriginal culture (68 per cent) and linguistic duality (73 per cent) also came up a lot.

By and large, immigrants and minority groups were more likely to believe national symbols are very important to Canada’s national identity.

This picture sent out last year by a B.C. RCMP detachment was deemed to be one of the most iconically Canadian images in recent memory. (Royal Canadian Mounted Police)

That gap was especially pronounced when it comes to valuing the importance of the national anthem. When asked about the importance of O Canada, 75 per cent of immigrants viewed it as very important, compared to 61 per cent of non-immigrants.

And all national symbols were viewed as more important by visible minorities than by Canadians at large. The gap was largest in terms of the significance of the charter (82 per cent versus 68 per cent), while the smallest differences were evident for the RCMP (59 per cent versus 54 per cent) and hockey (52 per cent and 45 per cent).

The great frozen game

On the subject of hockey, there’s a gap in how important our national sport is perceived to be between men and women. Half of all men said hockey was important to Canada’s national identity. Only 42 per cent of women said the same.

There was also a gender gap with regards to the belief of whether Canadians even share specific values — never mind what those values may be.

Some 41 per cent of women believed to a great extent that Canadians valued equality between men and women, compared to 53 per cent of men. That gap existed across all age groups, although it was most pronounced among people under 25, where 46 per cent of women said so, but 63 per cent of men did.

Among those over the age of 75, 31 per cent of women said so, compared with 46 per cent of men.

National pride

By and large, Canadians are on the whole proud of Canada’s national identity. That statement is especially true of immigrants, as they “reported a greater feeling of pride in being Canadian and in Canadian achievements,” the data agency said.

There were some geographic differences, however, with people from Quebec feeling generally less proud of Canada’s national identity. Within Quebec, residents of Saguenay had the lowest level of pride in the province, with 52 per cent saying they were either proud or very proud to be Canadian, while residents of Gatineau had the highest levels of pride in Quebec at 76 per cent.

Source: Immigrants more likely to consider Canadian symbols important to national identity – Business – CBC News

Andrew Coyne: To uncover or not to uncover — why the niqab issue is ridiculous

Hard to argue his logic. But whether logic will carry the day against emotion and wedge politics is another matter:

Is accepting the right of others to adhere to a religious doctrine and style of dress that others find distressing or demeaning to women an example of the dreaded cultural relativism? No, it is an example of pluralism. What’s the difference? Relativism holds that truth does not exist; pluralism, that there is such a thing as truth, but that none of us is in automatic or absolute possession of it.

A liberal society is pluralist, not relativist. It allows each of us to pursue our vision of the good life, to hold and espouse our ideals of what is just, without prejudice to the notion that goodness and justice exist: indeed, precisely so that we may more nearly approach them as a society. Neither is a liberal society incompatible with the idea of cultural norms: beliefs that are commonly shared, practices that are commonly observed. It draws the line only at enforcing these norms upon the unwilling.

It would be one thing if the women who insist on their right to wear the niqab at the citizenship ceremony, to the point of going to court to defend it, were in fact being forced to wear it. But there is no evidence of this: quite the contrary. Far from meek and submissive, they give every sign of being quite obstreperously independent, rock-ribbed individualists, willing to assert their rights even in the face of a hostile majority.

We talk a lot about Canadian values in this debate. I am inclined to think that, in their own way, it is the niqabistes who best embody those values. In their ornery unwillingness to bend to others’ sensitivities, in their insistence on going their own way on a matter of principle, those women are in the finest Canadian tradition of hellraising. I think we ought to let them be.

Source: Andrew Coyne: To uncover or not to uncover — why the niqab issue is ridiculous

Tories move to strip citizenship from Canadian-born terrorist

So what this means, is that someone born in Canada, whose radicalization happened in this country, can have their citizenship revoked (pending the court challenge).

The Harper government is attempting to revoke the citizenship of a convicted terrorist who was born and raised in Canada, Maclean’s has learned—a first under a controversial new law that has triggered intense debate during the election campaign.

Saad Gaya, 27, is believed to be the only Canadian-born citizen (terrorist or not) to ever face the prospect of being stripped of his citizenship. Until now, there was no legal mechanism to undo what has long been considered an irreversible birthright.

A member of the so-called “Toronto 18,” Gaya pleaded guilty to his role in an al-Qaeda-inspired bomb plot and was sentenced to 18 years in prison. Although he was born in Montreal and grew up in Oakville, Ont., the Tories say recently enacted legislation provides the power to rescind Gaya’s citizenship because they believe he is a dual national of Pakistan—by virtue of the fact his parents, who immigrated to Ontario more than three decades ago, were born there.

Gaya, who has never lived in Pakistan, has launched a Charter challenge in Federal Court, arguing that the government’s revocation system amounts to “cruel and unusual punishment” and could have “a sufficiently severe psychological and social impact.”

“For many individuals captured by the new revocation provisions and who would now face deportation, including the Applicant, their other nationality derives from a country with which they have no meaningful connection, have little or no familiarity with the language or culture, and have no family or other support network,” reads Gaya’s court filing, submitted Sept. 18. “The Applicant was born and grew up in Canada. His family is in Canada and has been since before he was born.”

That Saad Gaya was a terrorist is not in dispute. A former honours student at Hamilton’s McMaster University, he confessed to participating in a 2006 conspiracy to detonate bombs in southern Ontario in retaliation for Canada’s military mission in Afghanistan. Although a judge concluded he was not the plot’s driving force, he was a loyal, willing underling who followed every order; the day he was arrested (June 2, 2006), police videotaped him at a north Toronto warehouse unloading what he believed to be a truckload of explosive fertilizer.

Gaya himself described his criminal behaviour as “shameful,” “politically naïve,” and “irrational.”

Yet despite his undeniable guilt, the Tories’ push to revoke Gaya’s citizenship presents an uncomfortable (and potentially unconstitutional) possibility: that a person born in Canada could lose his Canadian status and be deported to a country he’s never known—all because his parents were born there and, by extension, passed their dual nationality onto him.

Source: EXCLUSIVE: Tories move to strip citizenship from Canadian-born terrorist

And in giving credence to the slippery slope argument, and reinforcing the wedge politics, the PM suggests expanding this to other crimes:

A re-elected Conservative government might look to strip dual citizens of their Canadian citizenship if they commit other heinous crimes, Stephen Harper said in a radio interview Wednesday.

Harper was on The Andrew Lawton Show to talk about Bill C-24, a new law the Tories passed this spring that strips dual citizens convicted of terrorism of their Canadian citizenship.

Lawton asked Harper if he might strip other dual citizens in the future if convicted of other crimes, giving by way of example a serial killer, a rapist or someone who did something to children.

“Well, you know, obviously we can look at options into the future,” Harper responded.

“The reason we did this expansion… to terrorists and treason offences really is consistent with the way the law has always worked. You know we’ve been able to revoke citizenship, for example, for war criminals. So it is really been in cases where the person’s criminal acts are not just vile, but they actually demonstrate that the person has no loyalty of any kind to the country or its values.”

Harper said he couldn’t understand why Liberal Leader Justin Trudeau and NDP Leader Thomas Mulcair believe C-24 demeans Canadian citizenship.

“I think most Canadians, whether they are immigrants or other Canadians, understand that what demeans Canadian citizenship would be to allow war criminals and convicted terrorists and people who are actually out to destroy and defame our country to keep their citizenship,” Harper said. “They have a position that is frankly indefensible to virtually all Canadians.”

Bill C-24: Harper Says Tories May Consider Stripping Other Criminals Of Citizenship