Canadians fighting with Islamic State could lose citizenship | Toronto Star

Minister Alexander’s standard talking points on revocation:

Canadians with dual citizenship fighting with Islamic extremists in Iraq and Syria could have their citizenship revoked under newly passed legislation, Immigration Minister Chris Alexander says.

Alexander says revoking the citizenship of those convicted of terrorism offences — allowed now under new citizenship legislation that became law earlier this year — is an important tool to help stem the tide of foreign fighters flocking to join Islamic State also known as Islamic State of Iraq and the Levant.

“We will do it in every case we can, in the case of dual nationals,” Alexander told reporters Monday.

“Terrorism, espionage, treason are the most serious acts of disloyalty that you can commit. Terrorism is incompatible with citizenship.”

Toronto lawyer Rocco Galati is challenging the legislation, saying Parliament does not have the constitutional power to strip a Canadian-born citizen of his or her citizenship.

But Alexander said that revocation would happen only with “clear safeguards,” such as a court conviction for terrorism.

“Only when we have that conviction will revocation become a possibility,” the immigration minister told reporters on Parliament Hill.

The inconvenient truth is the number of Canadian-born with single nationality (e.g., Damian Clairmont, André Poulin, the Gordon brothers, John Maguire) would not be subject to revocation (those still alive), thus different punishments for the same crime.

Another likely defeat for the Government when the first cases come before the courts.

Canadians fighting with Islamic State could lose citizenship | Toronto Star.

“Immigrant Vote” to Gain Strength in 2015 – New Canadian Media

Good interview with Prof. Triadafilopoulos of UofT on immigrant voting patterns and trends. Looking at this in context of my upcoming book on multiculturalism. Following two observations of interest:

6. Given your findings, what does your study suggest on the subject of immigration generally being a non-partisan issue in Canada?

It will likely remain the case. There’s no political pay-off for populist anti-immigrant rhetoric at the federal level.

Canada is unique among major immigration countries in the degree to which immigration policy is de-politicized, and immigration itself is enthusiastically embraced by federal political parties. Quebec’s provincial politics since 2007 may be a partial exception to this pattern, but this has not had a discernible impact on Quebec voices in federal policy debates over immigration.

7. Do you have any further thoughts on the “immigrant vote” in the 2011 federal elections you said it was inconclusive at the time of writing?

We have not done the necessary analysis to move beyond what we have.  We hope to do so soon.  The key point is that all parties in Canada support a relatively liberal immigration policy, as reflected in annual admissions.  There is also consensus on the utility of an official multiculturalism policy – our Conservative Party is rather different than similar parties in other countries.

“Immigrant Vote” to Gain Strength in 2015 – New Canadian Media – NCM.

India: Why archaic citizenship laws must go – The Hindu

On some of the apparent inconsistencies between Colonial and present-day India citizenship laws, and a call to repeal the former, particularly as they apply to the Indian diaspora (over 20 million):

Today, persons of Indian origin face problems due to marital disputes with spouses of foreign origin or nationality issues arising out of foreign domiciles. The desirable approach, therefore, would be to create appropriate forums or authorities within the legal system that would address such issues by granting opportunities for hearing and redressal. Accordingly, deportation or removal of a person to a foreign jurisdiction would be an abject surrender to a foreign dominion.

Having resolved to be a sovereign, socialist, secular, democratic Republic, we in India are capable and competent of adjudicating our nationality issues to provide redressal for persons of Indian origin. Our post-independence laws provide the solutions which our vibrant judiciary interprets to protect fundamental freedoms guaranteed under the Constitution. Hence, pre-independence laws in conflict with rights today must be revoked.

Why archaic citizenship laws must go – The Hindu.

Citizenship act got it right | Editorial | Opinion | Toronto Sun

As usual, the Sun misrepresents the issue: it is mainly about where you are born. Those born Canadian extremists (e.g., Damian Clairmont, André Poulin, the Gordon brothers, John Maguire) would not be subject to revocation, given where they were born and lack of dual nationality.

Those who came to Canada as children, like Shirdon, would be subject to revocation, based upon dual citizenship, actual or potential. Some, again like Shirdon,  were part of the same Calgary cell.

Different punishment for the same crime.

Won’t stand up in court, which the Government’s track record on a number of crime and other issues highlights:

On Thursday morning a reporter asked the Liberal leader in a scrum if Canadians who go abroad to fight with terrorists should be stripped of their citizenship.

Here’s his response: “Canada has strong rules and penalties surrounding enforcing acts of terrorism. A two-tier citizenship system concerns me. The idea that some people because of behaviour, no matter how reprehensible, makes it conditional for anyone who gains Canadian citizenship without being born here. That is one of the principles that has made Canada great, that a Canadian is a Canadian is a Canadian.”

First, let’s clarify a matter. It has nothing to do with where you’re born. It just matters that you’re a dual national.

But everyone should be upset with his closing line. Is Trudeau serious lumping everyone in together? Does he really think we can’t draw distinctions between people? What about Farah Mohamed Shirdon?

Citizenship act got it right | Editorial | Opinion | Toronto Sun.

Citizenship Act Coming Into Force Provisions

From CIC’s newsletter, details of which provisions have come into force:

Provisions from Bill C-24 that came into force immediately upon Royal Assent included:

  • fast-tracking citizenship applications for members of the Canadian Armed Forces;
  • improving clarity on the first generation limit on citizenship for those born abroad;
  • enabling children born abroad to serving Crown servants to pass citizenship on to their children born or adopted abroad;
  • and streamlined decision-making for issuing discretionary grants  under section 54.

Provisions in the Strengthening Canadian Citizenship Act that came into force on August 1, 2014, included:

  • the new decision-making model for citizenship applications;
  • various measures to improve efficiency of the application process;
  • and a new judicial review and appeals process.

Other provisions will come into force on a date to be determined by the Governor in Council

E-newsletter.

‘Stateless’ Ottawa-born man loses bid for citizenship

Latest update on the Budlakoti case.

In the end, keeping him in limbo rather than acknowledging his statelessness and regularizing his status, while reinforcing the overall Government messaging on fraud, is likely to be more costly, in terms of ongoing legal appeals and that he cannot work:

Budlakoti had no idea he wasn’t an official Canadian citizen until May 2010 when he ran afoul of the law. He was sentenced to three years in prison for weapons and cocaine trafficking, and ordered deported in December 2011 based on what federal officials deemed his “serious criminality.”

But India rejected him. Indian officials said Budlakoti is not a citizen and have refused Canada’s request to issue him travel documents.

It means that Budlakoti continues to live under the restrictive terms of a federal deportation order that can’t be enforced. He must report every month to the Canada Border Services Agency and live with his family. His other family members, including his parents, are all Canadian citizens.

For his part, Budlakoti contends he is effectively stateless: living in a legal limbo without health care, social services or employment opportunities.

‘Stateless’ Ottawa-born man loses bid for citizenship | Ottawa Citizen.

FATCA/CBT: See You in Court

The Canadian angle:

Today, the Alliance for the Defence of Canadian Sovereignty ADCS-ADSC retained Jim Butera, a Washington D.C. attorney with Jones Walker LLP. Mr. Butera will explore legal options to reverse practices of the United States government preventing Canadian citizens who are “Accidental Americans” from freeing themselves of U.S. citizenship and obligations.

Accidental Americans include those born in the U.S. but who left the United States at a young age to live permanently in another country. Although they have no meaningful ties to the U.S., they are claimed as “U.S. citizens” and subject to lifetime taxation on their non-U.S. income. Accidental Americans not compliant with the Internal Revenue Service IRS are considered by the U.S. to be “tax cheats” not paying their “fair share”.

The Franco-American Flophouse: FATCA/CBT: See You in Court.

Show us your citizenship: why the Tony Abbott birthers want to believe | Cam Smith

Australian left-wing conspiracy theories, just as nutty on the left and the US “birthers” on the right vis-a-vis Obama:

Why are people so willing to believe this stuff? Like the Obama birth certificate crowd, the idea that a hated politician can be brought undone without going through all the rigmarole of building a true political alternative is attractive. The proposition of Abbott facing karmic justice for the harsh nature of his government’s policies only adds to that attraction.

What is largely forgotten in the excitement is that this sort of thing can easily go both ways. If Abbott could be bundled off to the slammer for defrauding the Commonwealth in this way, why not honorary Israeli citizen Bob Hawke, or any other of the many MPs who have knowingly or unknowingly entered parliament as dual citizens over the decades.

Jello Biafra once gave some excellent advice: it’s possible to mix arthritis cream with hallucinogens and spread the resulting mixture on the doorhandles of police cars in order to dose the occupants.

He also gave some more relevant advice in 2012, at the Melbourne Festival. Appearing on a panel with The Church singer Steve Kilbey, Biafra said that rather than getting distracted by conspiracy theories about things that you couldn’t possibly hope to change, even if they were true, your time is better served by working towards more practical political goals.

Show us your citizenship: why the Tony Abbott birthers want to believe | Cam Smith | Comment is free | theguardian.com.

What happened to Kenney’s cracking down on birth tourism? Feds couldn’t do it alone | hilltimes.com

From my piece in the Hill Times (pay wall) on birth tourism or “anchor babies:”

But it is clear, that allegations of abuse play to the value Canadians attach to fairness, and fits into the overall government message and politics of cracking down on fraud.

But the evidence we have is clear: there is no business case to inconvenience millions of Canadians, for whom a birth certificate may no longer be sufficient identification, and cost taxpayers significant amounts to address a tiny problem.

Alexander’s spokesperson recently stated, refreshingly, that decisions will be “informed by facts,” rather than anecdotes.

What general lessons can we draw from this?

First, anecdotes drive identification of policy issues.

Second, rhetoric runs ahead of evidence.

Third, the provinces provided the most effective brake on anecdote-driven policy given that any workable response required their cooperation. Contrast this to the Citizenship Act changes, where the government had no need to be flexible.

Fourth, funding implications and provincial constraints ensured evidence trumped anecdote.

What happened to Kenney’s cracking down on birth tourism? Feds couldn’t do it alone | hilltimes.com.

Intergenerational Circular Migration

Victoria Ferauge on David Cook-Martin’s book on circular migration:

All of these things are described and documented in David Cook-Martin’s book, The Scramble for Citizens: Dual Nationality and State Competition for Immigrants 2013.

He uses the case of Argentina – a country that experienced mass immigration from two European countries of emigration, Spain and Italy.  His point is that this process of welcoming and assimilating immigration is not uni-directional;  it can be reversed in a process that he calls “dis-assimilation.”

“I argue that the citizenship link can be reconfigured because competitive dynamics have produced particular membership patterns that under propitious institutional and structural conditions affect individuals relation to states, the nation, and the resources they monopolize.  People assumed to have been culturally integrated and embraced by a nationalizing state are becoming differentiated along specific and significant dimensions.”

Interesting argument and, if true, easy to see how this might be a bit disconcerting for countries of immigration and downright destructive of a democratic nation-states ambitions to make and keep citizens.  Why?

The first my point is how it skews citizen equality in a particular nation-state that has traditionally been a country of immigration.  A US citizen who is born with the potential for another citizenship is in a much better position to emigrate then his fellow citizens who don’t have that possibility.   The former will find it easier to be globally mobile, while the latter must stand in line and apply often in vain for the right to enter another country.

An individual who wishes to emigrate back to his parents or grandparents country will find that the move is facilitated though that country’s citizenship law and he will arrive in that country, not as a migrant, but as a full citizen.  That is a pretty powerful incentive provided that there are other positive factors in that decision like good employment prospects.  Furthermore, since this emigration is facilitated by blood ties it:

  1. Favors the children of more recent immigration those whose families are “native” for many generations wont have this option and
  2. It’s not strictly about class or money  – a working class person can, at least in theory, take advantage of it just as easily as those Highly Qualified Migrants provided that an individual has the right parents or grandparents. However, Cook-Martin says that it is mostly the struggling middle-classes that take the opportunity.

The second (his point) is that it is the very act of seeking to claim that citizenship in another country changes people.  As they document and it is much easier to find that documentation with good 20th century record keeping the history of their families and the original move to another country, what started out as a purely practical exercise a “just in case” second passport becomes something else.   They create an emotional tie to the ancestral country.

He talks about this in the long chapter “The Quest for Grandmas Passport.”  As much as some of his contacts talked about how the second passport was “just a piece of paper,” a kind of hedge against the devaluation of their own nationality, they were going to a lot of trouble to get it.  Days, weeks, months of digging through archives to find documentation.  “Clients are emotionally overcome when a search is successful” and they are “thrilled” to have the proof in their hands.  Clearly, that second citizenship is “meaningful” to them, though their attachment is going to be very different from that of a citizen actually born and raised in the ancestral country.

Combine this with concerns over “citizens of convenience” and economic opportunities, we have further variants of instrumental views of citizenship.

Intergenerational Circular Migration