Allan Richarz: No, a Canadian is not a Canadian. It’s perfectly fine to strip citizenship from terrorists | National Post

“Minor expansion?” No, it is not, nor was it communicated (or marketed) as such by the previous government:

Essentially, opposition to Bill C-24 is more political than principled. Accepting the stripping of a fraudster’s citizenship as a legitimate exercise of government power, but viewing the same action against a convicted terrorist as indicative of Harperian fascism, is logically inconsistent. The more accurate position would be that critics of Bill C-24 accept that the government may strip individuals of their citizenship in certain instances, but that they do not believe terrorism or treason should qualify. Polite political disagreement, however, does not make much of a splash, especially during an overheated election campaign.

This is an issue the Trudeau government will have to address. If the incoming prime minister believes citizenship is inviolable, will he then undo decades of law and policy by closing the fraud and crimes against humanity loopholes as well? If he opposes Bill C-24’s expanded powers for political reasons, will he have the temerity to say so directly and risk the political fallout of being “soft on terror”? Such forthrightness would certainly be a welcome change in Canadian politics. One gets the feeling, however, that Trudeau will simply use the issue to get a few more miles out of the Harper boogeyman.

At the end of the day, the government is well within its rights to add to the list of those who may be stripped of citizenship. It is a legitimate exercise in regard to the fraudster, and it is to the terrorist. Bill C-24 is a minor expansion of traditional categories of citizenship revocation and not a radical departure in Canadian politics.

Source: Allan Richarz: No, a Canadian is not a Canadian. It’s perfectly fine to strip citizenship from terrorists | National Post

Mohamed Fahmy Says Tory Law Made Him Fear Losing Canadian #Citizenship

Not surprising, given his circumstances and how C-24 was drafted:

As he languished in an Egyptian prison, Mohamed Fahmy feared he might lose his Canadian citizenship under a controversial and recently enacted law, the since-freed journalist said Monday.

While behind bars, Fahmy read the former Conservative government’s new law, which allows for the revocation of citizenship of someone convicted of terrorism, treason or espionage.

“It hit right home with me because it surfaced during my imprisonment, and I was a candidate,” Fahmy said in an interview Monday prior to a speaking engagement at Carleton University in Ottawa.

“I panicked and I asked the ambassador to bring me the literature – the bill – and I read it in prison. I was worried.”

Fahmy, 41, was freed in September after spending more than 400 days behind bars on terrorism charges in Egypt after a court case that was the subject of broad international criticism.

Fahmy also said he will soon present the Liberal government with a proposed charter of rights on how to deal with citizens imprisoned abroad. He’s working on it with Amnesty International and his lawyers.

The new charter stresses something that didn’t happen in his case – direct leader-to-leader intervention to put pressure on a foreign government to force a Canadian prisoner’s release.

Source: Mohamed Fahmy Says Tory Law Made Him Fear Losing Canadian Citizenship

Multiculturalism in Canada: Evidence and Anecdote – Lulu 30 % Flash Sale Extended to Nov 12

For those interested in the print version of Multiculturalism in Canada: Evidence and Anecdote or Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism (topical again given the account of the transfer to CIC from Canadian Heritage in 2008, now reversed).

One of Lulu’s better sales, 30 percent off, extended for two days.

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

Lulu 11 Nov

Multiculturalism in Canada: Evidence and Anecdote – Flash Sale 30 percent off

For those interested in the print version of Multiculturalism in Canada: Evidence and Anecdote or Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism (topical again given the account of the transfer to CIC from Canadian Heritage in 2008, now reversed).

One of Lulu’s better sales, 30 percent off.

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

Lulu Flash Sale 10 Nov

Immigration Minister John McCallum: 6 challenges he faces

Winnipeg-based immigration lawyer Reis Pagtakhan’s recommendations (for his testimony at the May 2014 Citizenship Act changes, see C-24 Citizenship Act Hearing – 14 May):

Syrian refugees

The Liberal promise to bring in 25,000 refugees by the end of the year will require a lot of work in processing, security screening and transporting them to Canada. However, these are the least complicated challenges the government will face….

Temporary foreign workers

Currently, the federal government only allows temporary foreign workers that are considered “high skilled” to apply for permanent residence. So-called “low skilled” temporary foreign workers do not have a pathway to permanent residence…

Prioritizing provincial nominees

Currently, the vast numbers of fast-tracked permanent resident applicants go through the federal government’s express entry system….

Changing family-based immigration

In the campaign, the Liberals promised to double the number of parents and grandparents who could be sponsored to Canada from 5,000 per year to 10,000 per year.

Revoking Canadian citizenship of terrorists

The government has also promised to overturn the law that strips citizenship from dual citizens convicted of terrorism.

Source: Immigration Minister John McCallum: 6 challenges he faces – Manitoba – CBC News

As Trudeau takes power, judge adjourns citizenship court battle

No surprise as expected. New government under Minister McCallum committed to repeal revocation provisions:

As Justin Trudeau makes his way to Rideau Hall this morning, federal lawyers appear ready to act on one of his key campaign promises: scrapping the controversial Conservative law that gives Ottawa the power to strip convicted terrorists of their Canadian citizenship.

The Justice Department last week requested an indefinite adjournment in five high-profile court challenges targeting the Harper-era revocation law, saying federal lawyers assigned to the cases can’t move forward without direction from the incoming Trudeau Liberals. “Given the election outcome resulting in a new government, we are seeking instructions on next steps in this litigation,” says an Oct. 27 letter from senior counsel Angela Marinos, sent to the Federal Court office in Toronto. “Given that there will be a transition period after the Cabinet is sworn in, we cannot confirm, at this time, when those instructions will be conveyed.”

Lawyers for all sides consented to the adjournment request, and the order was rubber-stamped by Justice Russel Zinn on Monday—48 hours before Trudeau and his ministers were to be officially sworn in by Governor General David Johnston.

The adjournment essentially hits the pause button on a cluster of court cases that triggered intense debate during the election, giving the new PM and his advisors plenty of time to determine how best to repeal the Tory law, as promised. All parties to the court actions are scheduled to reconvene Dec. 9 for a case management conference in Toronto; by then, the Liberals’ specific intentions should be evident.

Source: As Trudeau takes power, judge adjourns citizenship court battle – Macleans.ca

Lawyer in niqab case says Canada must confront anti-Muslim sentiment

Good profile of Lorne Waldman, the lawyer for Zunera Ishaq (and a number of other immigration and refugee cases that went against the Conservative government):

For Mr. Waldman, who unexpectedly found himself and his clients at the centre of the election, the e-mail itself was a tipping point: Even though the niqab controversy ended with the victory of Justin Trudeau, who opposed the ban, an undercurrent of anti-Muslim feeling remains, and needs to be confronted.

“I see the seeds of a huge problem that we in Canada have been able to avoid for many years – some of the worst aspects of the anti-immigrant sentiment that’s existed in Europe,” he said in an interview. “And we avoided it for a long time because we had responsible leaders who didn’t try to stir the pot. All we need is another election where someone else chooses to use these types of wedge issues.”

If it was a very good election for the Liberals, it was a strangely eventful one for Mr. Waldman, even by his own busy standards. He represented Zunera Ishaq, a Pakistani immigrant who successfully fought a Conservative ban on wearing a niqab during the citizenship oath. The niqab became a major election issue. He also represented a Canadian-born convicted terrorist facing the loss of his citizenship; the government’s fight against terrorism was another big election issue. And he was a spokesman for a national refugee lawyers’ group on the Syrian refugee crisis – a third key issue – urging that the government speed up the process by emphasizing the reunification of families.

“I’ve never had an experience like this,” said the 63-year-old father of three, who runs an 11-lawyer firm that includes his daughter. “I’ve done lots of high-profile cases but my God …”

The end of the election may have brought him a respite. Getting tough on refugee claimants perceived to be taking advantage of Canada’s laws and social supports was, like crime and terrorism, a major focus for the Conservatives. Last year, Mr. Waldman won a case against the government’s cuts to refugee health care; a Federal Court judge called them “cruel and unusual treatment.” Shortly after the election, the government’s appeal was adjourned. He doesn’t expect the Liberal government to fight the Federal Court ruling.

… Many of his friends, acquaintances and fellow lawyers also opposed his stand on the niqab. Even his sister and mentor, Ontario Family Court Judge Geraldine Waldman, who died of brain cancer on the same day he received the e-mail, disagreed with his stand.

“The last real conversation I had with her about anything political was about the niqab. She was a diehard feminist. She opened the first all-female law practice in Ontario in the seventies with Harriet Sachs, Lynn King and Mary Cornish. She couldn’t get around the niqab.”

Standing up for the niqab surprised even him.

“It was a bit strange, to be honest, to defend the right of a woman to wear the niqab. It’s not one of the things to have high on my list of rights that I would defend. But it had nothing to do with the niqab. It was defending the right of Canadians to express themselves as they saw fit. It was also opposing an abuse of power by the minister who clearly was acting illegally when he issued this policy statement.” (Both the Federal Court and the Federal Court of Appeal pointed to the wording of the Citizenship Act, which says only cabinet can make changes to the citizenship ceremony. Mr. Kenney had simply issued a directive banning the niqab.)

Mr. Waldman comes from a refugee background – two grandparents came to Canada to escape Russian pogroms in the early 1900s. He says he became a refugee lawyer in response to the Jewish experience with anti-Semitism and the Holocaust, which he called “my defining thing.”

“We have pictures at home of all my mother’s uncles and aunts. On my mother’s side there were at least 12 or 13 uncles and aunts. They all had kids and the kids were married, and so we’re talking about probably 80 or 90 people – three survived.”

Source: Lawyer in niqab case says Canada must confront anti-Muslim sentiment – The Globe and Mail

Why the Conservative ethnic outreach strategy fell apart: Cardozo

Andrew Cardozo on the reasons the Conservative ethnic outreach strategy failed:

It was that they assumed the ethnic voters were too stupid to hear the Liberal promise and could be easily scared by hot button words.

After years of visiting thousands of parades, temples, gurdwaras and the occasional mosque, and chasing around with foreign leaders like Indian Prime Minister Narendra Modi and Filipino President Benign Aquino and Israeli Prime Minister Benjamin Netanyahu, the 416, the 905, the 604—all those “heavily ethnic” ridings went Liberal.  How could they?

The first pillar of the Conservative ethnic policy was in part that they identified the more conservative elements within each of the communities, no matter how large or small, and in doing so not only expanded their base, but deepened the conservativism of the party.  They were able to attract the many traditional-minded Christians from various countries in addition to conservative elements of others from China, India and all the non-Christian religious groups.

The second pillar of the strategy was to play home-country politics.  All governments have done this, but the Conservatives took it to new heights—an extent to which it was becoming distasteful.  There will always be leaders in each community who will bask in the glow of a visiting head of state, but at a different level, members of the community are saying,  “No, Mr. Modi is not my Prime Minister, it’s you damn it.”

So on both these approaches, the Conservatives were smart enough to understand that they were not going to get the whole community but they could get the support of the more conservative segments of each community.  The sad part of it though was that they had no compunction about racing into a community and aggressively addressing issues on which there were divisions.  Unlike any other political party, they inserted their wedge politics that they use in the wider society, and have left those communities divided like never before. For example, you got a handful of demonstrators from the Jewish Defence League outside a fundraiser for a Jewish Liberal candidate in Toronto.

The third pillar of the strategy has been to play communities off each other, by resurrecting divisions from the old countries.  Taking a principled stand is what they said it was about.  They actively reached out to minority Christian communities from the South Indian and Middle East regions—people who left those countries to escape Islamic fundamentalism only to find that fundamentalism growing here, be they homegrown terrorist or the niqab and hijab.

But here is where the Liberals and New Democrats need to look deeply.  Just because the Conservatives were appearing to be overly bombastic, the other parties should not race to the complete opposite position.  There remains a need to counter radicalism within Canada and we do need to work towards gender equality in all communities.  While some women might cover by their own choice, others are certainly forced to.  So finding that balance should not be eschewed just because of the Conservative’s ugly approach.

In the end the Conservative approach was to focus on the conservative minded segments, cater to home-country politics, divide communities and scare them.  They will have earned the more hard-core conservative supporters for life, but by and large the strategy fell apart and even backfired, as they lost the vast majority in these communities to the Liberals’ positive campaign of hope and inclusiveness.

Source: Why the Conservative ethnic outreach strategy fell apart | hilltimes.com

The [Texas] Border War on Birthright Citizenship | Rolling Stone

One of the nastier and meaner policies:

In 2013, an estimated 295,000 children were born in the U.S. who had at least one undocumented immigrant parent, according to the Pew Research Center, accounting for eight-percent of all domestic births. And Texas is home to 1.65 million undocumented immigrants, nearly 15 percent of the national total. It is reasonable to assume that tens of thousands of children are born to undocumented immigrants in Texas every year, and that a great many of them now lack birth certificates. “These quasi-citizens, outcasts, will likely experience the harsh effects of being unable to prove their true status for many years to come,” reads the Mexican government’s amicus brief. “We are witnessing the creation of a vulnerable citizenry: undocumented citizens.”

Texas is an outlier in this regard, even among states that refuse to accept matrículas. In Arizona, parents can get a birth certificate for their children with a credible witness to attest to their identity and a notorized signature. In Arkansas, they can present a foreign passport without a U.S. visa. In Virginia, they can use a hospital birth letter. Even Mark Krikorian, executive director of the Center for Immigration Studies, a group that advocates for harsher immigration restrictions, told the Austin-American Statesman that “the more I think of it, the more I come down against the Texas argument, reluctantly.”

No one supporting the plaintiffs has been able to point to a smoking gun that reveals the state had a pre-meditated anti-immigrant agenda. In 2010, when Arizona enacted its sweeping SB 1070 law targeting undocumented immigrants, the legislature declared “the intent of this act is to make attrition through enforcement the public policy of all state and local government agencies in Arizona.” In other words, by cracking down on undocumented immigrants, the state hoped many would leave and fewer would come. But there has been no such declaration in Texas — the state describes its policy as “facially neutral and non-discriminatory.” Despite the fact that Texas politicians take apparent glee in talking tough on immigration and giving Washington the finger, no email has surfaced between state officials that reads, “Let’s squeeze ’em all out.” Even Harbury admits that — unlike in Arizona — the Texas policy grew in fits and starts. “It’s not like someone flipped a switch,” she says.

Still, the timing seems awfully suspicious. The decision to deny foreign passports that lacked a U.S. visa came on the heels of President Obama’s Deferred Action on Childhood Arrivals, a 2012 policy that lifted the threat of deportation for as many as 1.7 million undocumented immigrants. The increasing rejection of the matrícula as a valid ID coincided with the Central American immigration “surge” in 2013 and 2014. And what appeared to be a widening crackdown on the matrícula this year followed a Texas-led lawsuit filed last December to block President Obama’s new executive actions on immigration, one of which — the Deferred Action for Parental Accountability (DAPA) — offers immigration deferrals and work authorizations to the undocumented parents of U.S. citizens.

Source: The Border War on Birthright Citizenship | Rolling Stone

The Franco-American Flophouse: Flophouse Citizenship and International Migration Reading List

The usual impressive list from Victoria Ferauge.

Source: The Franco-American Flophouse: Flophouse Citizenship and International Migration Reading List