Blood, soil, birth tourism and anchor babies – Globe Editorial

2014/08/27 Leave a comment

The Globe’s editorial take on birth tourism – evidence-based policy, which Minister Alexander appears committed to, given his and his spokesperson’s recent comments stating that decisions “will be informed by facts” (in contrast to earlier anecdotes dramatizing the issue):

At present, however, birth certificates are the most common proof of Canadian citizenship. They do not include any information about a newborn baby’s parents’ citizenship.

Hospitals are a provincial jurisdiction. That is one of the reasons why the provinces and territories have been in charge of birth certificates for a long time. The subnational governments of Canada would doubtless not be eager to spend a huge amount of money to overhaul their birth-certificate system – let alone unanimously.

Ottawa could choose to foot the bill. But if the government is to go any further, it should commission a rigorous study to discover whether so-called birth tourism is a significant phenomenon. So far, the evidence is anecdotal. The available numbers in a given year are in the low hundreds. The real numbers may be higher, but it would be premature to remake the basics of our citizenship on a hunch.

Blood, soil, birth tourism and anchor babies – The Globe and Mail.

Related to this, the BC Civil Liberties Association and the Canadian Association of Refugee Lawyers (Carmen Cheung and Audrey Macklin) wrote a comprehensive response to the earlier Jan Wong article on birth tourism (see my post Canada’s birthright citizenship policy makes us a nation of suckers):

But how serious an issue is birth tourism? While the government does not publish statistics on actual cases of birth tourism, Statistics Canada reports that of the 377,913 live births recorded in Canada for 2011, only 277 of those were by mothers who lived outside of Canada. The numbers were slightly higher in 2010 – 305 babies born to non-resident mothers out of 377,518 live births. That is less than one tenth of one percent of all births in Canada.

A recent article in Toronto Life magazine proposed another metric for measuring birth tourism, by collecting the number of uninsured mothers giving birth in Toronto-area hospitals over a five-year period. Based on those numbers, we’re still looking at less than one percent of all live births in the city of Toronto.

Using the number of uninsured mothers as a proxy also likely overstates the problem. Provincial health cards are only issued after a minimum period of residency in the province – this is the case whether an individual has arrived from another country as a landed immigrant, or has just moved from British Columbia to Ontario. There are also foreign nationals who are excluded from provincial health care schemes, such as students, temporary foreign workers and diplomats. Particularly vulnerable Canadian citizens – such as the homeless or transient – may also not be able to prove their eligibility for provincial health insurance because of lost documentation.

By any measure, the number of babies born to non-resident non-Canadian mothers is negligible.

Born Equal: Citizenship by Birth is Canada’s Valuable Legacy

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Ottawa jihadi seeking ‘martyrdom’ with ISIS in Syria | Ottawa Citizen

2014/08/27 Leave a comment

Profile of an Ottawa man fighting with ISIS in Syria:

Counter-terrorism officials say they are concerned that Canadian fighters who survive the conflicts in Syria and Iraq may return home to spread anti-Western radicalism and conduct terrorist attacks, but Maguire does not seem to want to leave.

“He said he’s not coming back,” his aunt, Allison McPherson, said in the Ontario family’s first public comments about their plight. “My sister doesn’t expect that she will ever see him again, and probably won’t ever see him again alive.”

As a boy, Maguire had a tough time, she said. After his mother left an abusive relationship and then suffered health problems, he was raised partly by his grandparents. “John is a very smart kid,” McPherson said, “but there was always something kind of closed off, and he kept to himself. And, of course, that’s exactly what these people are looking for — a bright guy, kind of a loner, needing a place to fit in.”

According to his online profile, he went to Hillcrest High School and once wanted to be a hockey player or motocross racer. He left home for California for a few months but returned  and enrolled at the University of Ottawa.

During the fall 2012 term, he began musing on Twitter about the brutality of President Bashar Al-Assad, writing, “how can I sleep with what is happening in Syria.” But the friend said Maguire was not an activist and had displayed little interest in issues in the Muslim world.

“Now we’re all just confused. What I’m trying to figure out is how it all began,” he said. Was he swayed by something he found on the Internet? Did someone influence him? Was he upset about events abroad? “I wish I knew what it was, and I wish I could have prevented it.”

As Canadian-born, and presumably not a dual citizenship, he would not be subject to citizenship revocation unlike other extremists not born but raised in Canada.

Ottawa jihadi seeking ‘martyrdom’ with ISIS in Syria | Ottawa Citizen.

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Moins de place pour le Québec? | Le Devoir

2014/08/27 Leave a comment

The challenges of museums and choosing themes and approaches, in this case the Canadian History Museum (formerly Museum of Civilizations) and the shift from a geographic to a thematic approach. We will still see whether this approach works or appears too aligned with the Government’s particular historical and national narratives:

« On a aboli mon poste pour créer un poste pour l’archéologie du Canada central, déplore Yves Monette, ex-conservateur en archéologie du Québec du MCH, un des cinq postes abolis au printemps dernier. Mon expertise, c’est l’archéologie historique, et il n’y a plus personne au musée qui couvre cette période-là pour le Québec. »

En juillet, il avait eu des affectations temporaires. Il travaillait au MCH depuis cinq ans. Un autre poste de conservateur, cette fois en arts décoratifs et ameublement ancien du Québec, celui de Jean-François Blanchette, qui part à la retraite, est éliminé. Deux conservateurs adjoints et un administrateur s’ajoutent à l’attrition.

Parmi les motifs invoqués, on lui a indiqué que ses projets ne cadraient pas dans la nouvelle stratégie de recherche, alors qu’il a lui-même participé à l’élaboration de celle-ci, a défini ses projets en fonction des orientations nouvelles et a toujours reçu des évaluations positives, plaide-t-il.

…. Au MHC, on justifie les mises à pied par une réorganisation du travail en lien avec la nouvelle stratégie de recherche de l’institution développée conjointement avec le Musée canadien de la guerre, qui se décline en neuf orientations regroupées selon trois catégories : signification et mémoire, les premiers peuples et compromis et conflits.

« On a éliminé cinq postes, mais on en a créé cinq nouveaux pour que ça s’arrime à notre nouvelle stratégie de recherche, explique la porte-parole du musée, Patricia Lynch. L’embauche se fait plus selon des critères plus thématiques que géographiques, et on favorise une approche multidisciplinaire chez nos chercheurs. »

Le MCH procède actuellement à l’embauche de deux gestionnaires de la recherche et de trois conservateurs en ethnologie, en histoire autochtone et en sports et loisirs. L’équipe de 33 chercheurs n’est donc pas réduite. Au contraire, parce que le travail de chercheur fera partie des tâches de tous les nouveaux postes, « l’institution élargit ses capacités de recherche », soutient Mme Lynch.

Moins de place pour le Québec? | Le Devoir.

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Birth Tourism: My Canada AM interview

2014/08/26 4 Comments

From yesterday’s show, along with related CTV story.

And interesting, CIC Minister Alexander’s spokesperson responded to CTV’s request for comment with an innovative, for this government, recourse to evidence-based policy language:

Canada_AM_for_Monday__Aug__25__2014

‘Maternity tourism’: Report recommends limiting citizenship by birth

 

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The Franco-American Flophouse: FATCA Lawsuit Filed in the Federal Court of Canada

2014/08/26 Leave a comment

Victoria Ferauge, an American expatriate in Paris and active on the FATCA issue, commenting on the Canadian court case (see Virginia Hillis, Gwendolyn Deegan sue Ottawa over new FATCA tax rules):

And here we finally come to the Canadian lawsuit.  The plaintiffs claim that FATCA as it is being implemented in Canada violates the Canadian Charter of Rights and Freedoms which among other things, shields Canadian citizens from unreasonable search and seizures and assures equal protection/non-discrimination in the application of the law. Ginny and Gwen, two very courageous women, are “Accidental Americans”.   They were born in the US but have lived in Canada most of their lives and they not willing to be reduced to semi-citizenship in Canada.  They are Canadian, they live in Canada, and US status should make no difference whatsoever in what rights they have under Canadian law.  Period.

If you wish to argue otherwise, please think hard about the implications of that.  Could a law made in Mexico that violates the rights of Mexican-Americans under the US Constitution be nevertheless applied to them with the blessing nay, the full participation and enforcement of the US government?   And it is all the more troubling when one sees all the situations where individuals do contest the attribution of citizenship  without their consent by a country they dont live in and dont consider themselves to have duties and responsibilities to. All dual citizens everywhere in the world should pay close attention to how this shakes out.

If any of you out there are interested in supporting this cause there are a couple of ways you can help.  Ginny and Gwen have really gone out on a limb here by going public and they could use your moral support.  You can send them a note here.   Another, of course, is through a donation which you can make here.

The Franco-American Flophouse: FATCA Lawsuit Filed in the Federal Court of Canada.

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Canadians in terrorist armies threaten us all – CSIS and Canadian Responsibility

2014/08/25 Leave a comment

Canadian Security Intelligence Service (CSIS) Director Michel Coulombe’s op-ed on radicalization. Not much new in his overview, and no particular insights into why some are radicalized or not, but nevertheless worth reading.

I found however his comment below interesting in light of the Government’s recent changes to the Citizenship Act providing for revocation in cases of dual nationals engaged in terrorist activities.

Coulombe is saying that this is a “Canadian problem.”

Indeed, so why therefore should we banish or exile them, rather than locking them up in Canada?

Even if a Canadian extremist does not immediately return, he or she is still a Canadian problem. No country can become an unwitting exporter of terrorism without suffering damage to its international image and relations. Just as Canada expects other nations to prevent their citizens from harming Canadians and Canadian interests, we too are obligated to deny Canadian extremists the ability to kill and terrorize people of other countries.

 

Same point made by Chris Selley of the National Post, among others (Stripping jihadis’ citizenship feels good. But what good does it do?, Actually, my citizenship is a right):

Canadians in terrorist armies threaten us all – The Globe and Mail.

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Smith: Supreme Court must address citizenship oath | Ottawa Citizen

2014/08/23 Leave a comment

Not everything needs to be decided by the Courts, given that requiring the current wording of the Oath, while objectionable to some, is not as fundamental breach of rights as in other cases where the Courts have ruled against the Government.

Better to have this addressed by the political process as almost happened in the past:

Aspiring citizens do not get these freedoms if they contractually promise allegiance to the Crown. Freedom of speech and the Crown’s legal authority already exist, regardless of the oath.

When I became a lawyer over a decade ago, I chose not to swear the regal oath. The choice I made did not hurt Canada, because the words had not made Canada any better.

Nor did it make me any less committed to Canada. It simply expressed, through quiet protest, my political opinion that hereditary British rule is morally wrong in today’s Canada, a view that millions of Canadians share.

The forced regal words were not justifiable for Ontario police officers, lawyers, school children or school board members, or federal public servants. They are not justifiable for citizenship applicants either.

The Supreme Court must step in, respect the evidence and declare the words optional for any citizenship applicant who does not want to express them based on personal democratic opinions.

Smith: Supreme Court must address citizenship oath | Ottawa Citizen.

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A Conversation with Benjamin Zephaniah on Britishness

2014/08/22 Leave a comment

Sadia Habib’s interview with British writer, poet and professor with some interesting thoughts on identity, multiculturalism and the role of government, starting with on teaching Britishness:

I don’t like the idea. You can teach things about Britain, and that should be just a general part of education, but to teach British-ness… Now some people say a great symbol of Britishness is the Queen. I don’t. I think a great symbol of Britishness is all the people who have fought against monarchy… the Levellers… the people who fought for freedom… the suffragettes. That’s the tradition that fascinates me. I don’t say to the other people that your one is less important, if that is what you want to do, then let me do my one as well. So what version of Britishness are you teaching?

If you are going to teach it, you have to pick a version of Britishness.If you are the government, and you are telling people how to teach it in schools, you are going to teach one that suits the status quo. As part of your Britishness, are you going to teach about the British people that went to Amritsar and massacred innocent people? I guess most likely not. Are you going to romanticise that? Are your going to teach the real details of slavery? I know you may mention it, but as part of Britishness, as part of where we got where we got today?

Liverpool is part of Britain. Why are certain roads in Liverpool named after slave-drivers or slave-masters? Why have we got banks in this country that were started off during the slave trade and are a part of the great British establishment? Are you going to teach that? I think not. In their version of Britishness, they are probably going to teach that great comedy comes out of Liverpool, and there are banks, maybe on now and then they get it wrong, but on the whole they are alright as they will give you a mortgage eventually! They are going to teach a very sanitized version of the British institutions. So I don’t think you can teach Britishness. And all this stuff where foreigners are expected to swear allegiance to the Queen and all, I think it is bullshit! Sorry for using such words!

Some people are against state multiculturalism. I am as well, oddly enough, because the kind of multiculturalism I am talking about happens organically. I look at my band of musicians: I’ve got an Indian girl on percussion, I’ve got a Chinese guy in guitar, Jamaican, an African, and two English people. I just went out and looked for the best talent. That’s what I got. I remember the first time I met the Chinese guy, and I said to him play a lead piece for me, and he played the guitar, and it sounded kind of Chinese-y. And it was a lead. I said: “God! That’s really good!” One of the other people said: “Oh no, you are getting the tones wrong.” And I said “No, he’s getting them right. That’s working.” That’s what makes our music interesting. That’s what makes our culture interesting. That’s what makes our food interesting. So the kind of multiculturalism I am interested in is the one that happens organically, happens naturally.

A Conversation with Benjamin Zephaniah on Britishness The Sociological Imagination.

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Welcoming the 150,000th New Citizen of 2014 – Canada News Centre

2014/08/21 Leave a comment

Citizenship backlogThe latest citizenship processing stats:

Today, Canada’s Citizenship and Immigration Minister Chris Alexander announced that Canada has welcomed its 150,000th new citizen of 2014. This is double the number of new citizens compared to the same period in 2013 and thanks to the action taken by the government to reduce backlogs and improve processing times.

Alexander attended a citizenship ceremony in Scarborough and welcomed the country’s newest Canadians. At the event, Alexander highlighted the government’s recent changes to the citizenship system, which have led to improved processing times and an eight percent reduction to the citizenship backlog.

Given the backlog according to the February briefing package (C-24) was about 400,000 this means that it now stands at around 368,000, a reduction rate of roughly 4,000 per month (32,000 over 8 months – the exact rate may differ but this calculation is based on improved processing as of January 2014).

Accordingly to the graphic (above) in the briefing package, this rate should accelerate in 2015-16, given the impact of C-24 streamlining.

Welcoming the 150,000th New Citizen of 2014 – Canada News Centre.

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Staffing cuts strain Justice Department

2014/08/21 Leave a comment

Confirms other reports (e.g., Justice Canada chops research budget by $1.2-million), and provides additional explanation for the large number of cases lost by the Government. An amusing, if sad, contrast between the comments of former officials and the everything is fine assurance from the political and bureaucratic levels:

Separately, in the Public Safety Department, lawyers were given just one week to draft a new law on parole, according to Mary Campbell, who retired last year from her job as the department’s director-general of the corrections and criminal justice directorate.

By her count, 30 bills on justice, sentencing and corrections are either currently before Parliament or were given royal assent in June. She likened the legislative development process to a sausage factory.

“When you’ve got a pace that says, ‘Keep the sausage machine going,’ you’re going to get errors,” she said in an interview.

Jason Tamming, a spokesman for Public Safety Minister Steven Blaney, said the government has passed more than 30 measures to get tough on crime. “Our Members of Parliament work very hard to pass the best legislation to keep our communities safe,” he said. “We expect our civil servants to do the same.”

The Justice Department, in an internal report on the criminal policy section released on its website, did not use the colourful language that Ms. Campbell did. But it spoke of lowered morale as research and statistics staff have been cut from 35 to 17, between 2008-09 and 2012-13. It said 81 per cent of the department’s lawyers said the quality of their work has suffered because of the short timelines they must meet.

However, when contacted directly, a Justice Department spokesperson said it is important to note that the criminal policy section is achieving its objectives and the government has a high degree of satisfaction with its work.

David Daubney, a former senior bureaucrat in the Justice Department who retired in 2011, said the purpose behind the research staffing cuts is obvious. “They don’t want to encumber their minds with the facts,” he said of the government. “We always at Justice prided ourselves as being ‘stewards of the criminal law.’ We were seen as the go-to place for the facts and research on criminal policy, justice and corrections. That’s certainly no longer the case.”

He said morale has dropped as advisers conclude the government doesn’t want their advice. At a recent retirement party, an assistant deputy minister he wouldn’t name “confirmed that they’re not bothering to put as much background data as they used to into anything going into the minister’s office or into memoranda to cabinet.”

In the 2010 C-37 Citizenship Act revisions, we only had three weeks to draft legislation which my staff and the lawyers were concerned about.

Not sure how much time was given to the drafting of the recent C-24 Citizenship Act comprehensive changes, but the Canadian Bar Association did comment on what they considered poor quality drafting (may be sniping between lawyers but I also found the changes hard to follow):

The government has an opportunity to improve the poor drafting in the current Act. However, Bill C-24 uses excessive cross-referencing within the Act and to previous citizenship legislation to the point of near incoherence. This results the legislation being inaccessible to the public as well as many public servants, politicians, lawyers, and judges, delayed processing times for citizenship applications and an increased backlog, and an increased burden on Canadian courts. Plain language drafting is in the interest of all parties.

Staffing cuts strain Justice Department – The Globe and Mail.

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