Can we really wash our hands of extremist dual nationals?

2014/04/19 Leave a comment

Konrad Yakabuski on C-24’s proposed revocation measures for terrorism-related crimes, calling for serious debate on the implications, given recent US and UK revelations regarding US drone strikes on former UK citizens whose citizenship was revoked. See also Chris Selley’s Actually, my citizenship is a right | National Post.

Will be interesting to see if the debate within Committee focuses on the long-standing principle since Diefenbaker that a citizen is a citizen, whether born in Canada or naturalized, or more on due process and rule of law in any referrals to the Federal Court seeking revocation.

Still, C-24 is not perfect. Its proposal to strip dual nationals convicted of terror-related crimes of their Canadian citizenship warrants serious scrutiny in light of recent revelations by the British news media. If the intent is to ease CIA drone strikes, or the extradition to the United States of terrorist suspects living abroad, MPs should think long and hard about what that means for Canada.

Mr. Alexander has said he is “confident” that many of the 130 Canadians believed to be fighting with extremist groups abroad are dual nationals. Revoking their citizenship while they’re outside the country could prevent them from ever returning to Canada. This country would effectively absolve itself of their fate, even though some of them may have been born here…

Mr. Alexander has insisted that “the courts will play a very important role” in the process of revoking the Canadian citizenship of a dual national convicted of terrorism. That’s an improvement over the British system, where most of the power lies with the Home Secretary. But is it enough? The Commons citizenship committee needs to ask Mr. Alexander some tough questions.

Can we really wash our hands of extremist dual nationals? – The Globe and Mail

Or, given the “shopping for votes” culture, opposition parties focus more on fee increases and increased residency requirements.

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Joseph Heath: The new nationalism

2014/04/19 Leave a comment

More excerpts from Joseph Heath’s book, Enlightenment 2.0, on one of the ironies of Trudeau’s policies promoting Canadian symbols. For the Conservative take on successive Liberal governments, see Chris Champion’s Tory History and Its Critics | The Dorchester Review.

So that is how, in a case of not inconsiderable historical irony, Trudeau — the avatar of pure reason — became the father of modern Canadian nationalism, in all of its most boisterous and vulgar manifestations. One wonders how he would have felt had he seen the closing ceremonies of the 2010 Vancouver Olympic Games, with its giant inflatable beavers, table-hockey players, moose hats, dancing lumberjacks and voyageurs, and Michael Bublé dressed as a Mountie singing “The Maple Leaf Forever.” The phrase “What have I done?” might have sprung to mind. And yet, almost 40 years after Trudeau made the initial moves, one could see the power of the strategy. Quebec artists essentially boycotted the Olympic ceremonies, refusing to participate in what they rightly anticipated would be an orgy of Canadian nationalism. And yet when the curtain closed, they proceeded to complain about the lack of “French content” in the program. A principled commitment to national sovereignty is all well and good, but no one likes to feel left out of a party. As far as political dilemmas go, the shoe had been moved to the other foot.

Joseph Heath: The new nationalism | National Post.

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Meet a Few “Citizens of Convenience”

2014/04/15 Leave a comment

Along with some illustrative scenarios, some of the questions I suggest in considering whether one is or is not a citizen of convenience in my recent piece in New Canadian Media:

Is it only time away from Canada following becoming Canadian that counts? Or should the reasons for being away from Canada also be a consideration? Examples include:

  • Someone working abroad for a Canadian or a non-Canadian firm

  • Someone working for an international organization like the UN, WTO or non-governmental organization

  • Someone moving abroad to accompany a spouse

  • Someone moving abroad for study

  • Other contributions to Canada

Meet a Few “Citizens of Convenience” – New Canadian Media – NCM.

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Britain Increasingly Invokes Power to Disown Its Citizens

2014/04/12 Leave a comment

More on the issue of citizenship revocation in the UK and that the House of Lords rejected the proposed amendment that would have allowed revocation in cases where the person would be left stateless. Whether or not one agrees with revocation in terrorism or related cases, the lack of due process and full ministerial discretion (no role for the courts) is of concern. The proposed Canadian version is through the Federal Court; the Minister only has discretion in cases of fraud:

The issue is beginning to stir public debate. A government-sponsored amendment expanding the practice to naturalized citizens who have no other nationality sailed through the House of Commons this year. But on Monday, in a rare act of parliamentary rebellion, the House of Lords rejected the amendment and asked instead for a joint committee of both houses to examine whether the additional powers are necessary. The draft legislation will now return to the House of Commons.

Britain typically strips people of citizenship when they are outside the country. The procedure requires only that the home secretary find that stripping someone of citizenship would be “conducive to the public good,” then sign a deprivation order and send a letter to the person’s last known address. Loss of citizenship is effective immediately. It can be challenged in court, but that is a difficult task in most cases, given the inability of a targeted person to return to Britain for any proceedings.

Britain Increasingly Invokes Power to Disown Its Citizens – NYTimes.com.

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Born Canadian? Citizenship of babies born using new fertility methods sometimes unclear

2014/04/12 Leave a comment

One of the complexities in citizenship policy related to new fertility techniques and the question of a genetic link. Not addressed in the proposed Citizenship Act revisions. While the number of cases is relatively small, they are hard on the families involved but also raise issues as to whether surrogacy should be encouraged in developing countries, where women may be more desperate and vulnerable:

Even the judge who wrote last week’s Federal appeal court’s majority decision said Parliament should consider developing new legislation to address some of the issues.

Under the current law, for instance, a foreign-born baby with non-Canadian parents would automatically become a citizen merely if the sperm or eggs used in assisted reproduction happened to originate from a Canadian donor, suggested Justice Marc Noel.

The current policy requiring a genetic link also creates “an unequal treatment between children of Canadian citizens depending on the manner in which they were conceived,” he wrote.

On the other hand, any child born on Canadian soil is automatically a citizen, even if the parents are not citizens, they used IVF and the sperm and eggs came from donors outside this country, said Michelle Flowerday, a Toronto-based fertility lawyer.

Born Canadian? Citizenship of babies born using new fertility methods sometimes unclear.

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Oath to the Queen ‘repugnant’ to some, appeal court told

2014/04/10 Leave a comment

Yet another court case on the citizenship oath. I do not expect the plaintiffs to win given that the Crown is more in the institutional sense rather than literal sense (see Philippe Legacé’s The Citizenship Oath and the Nature of the Crown in Canada):

Oath to the Queen ‘repugnant’ to some, appeal court told – Toronto – CBC News.

While a case can be made for changing the oath, as Australia did, better this be done through the political process rather than by the courts.

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German cabinet gives go-ahead to dual citizenship | GlobalPost

2014/04/10 Leave a comment

A significant change for Germany, recognizing the complex realities of people’s lives:

The draft law approved by the government allows young people to opt for two passports if, at the age of 21, they can prove they have lived in Germany for at least eight years, gone to school in the country for six years, gained school-leaving qualifications here or completed vocational training in Germany.

“That’s a great signal for many young people in our country. Hundreds of thousands of them can breathe a sigh of relief,” said Aydan Oezoguz, Germany’s federal commissioner for migration, refugees and integration.

German cabinet gives go-ahead to dual citizenship | GlobalPost.

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We’re cleaning up the Liberals’ immigration mess | An Immigration System strangling in red Tape

2014/04/04 Leave a comment

The duelling narratives on immigration and related policies, starting with Costas Menegakis, parliamentary secretary to CIC Minister Alexander:

In doing so, the Liberals will prove again that they are the party of missed opportunities and the same old group of do-nothing hypocrites who repeatedly slashed immigration levels, settlement funding and resources to tackle long wait times for newcomers. Our Conservative government will take no lessons from them on matters of immigration.

We’re cleaning up the Liberals’ immigration mess | iPolitics.

Followed by John McCullum the Liberal critic for CIC:

At a time when Canada competes with other countries for immigrants and visitors, speed is of the essence. On this score, Prime Minister Stephen Harper and his former longtime Immigration minister, Jason Kenney, have failed miserably.

From visitors and skilled immigrants to non-economic immigrants and citizenship candidates, processing times have mushroomed on their watch, typically rising by 50 per cent to 100 per cent or more.

An immigration system strangling in red tape | iPolitics

My sense was that CIC officials largely favoured some of the “supply management” restrictions decided by the government given the backlogs and lengthy processing times, largely unmanageable.

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Canada welcomes more new Canadians – Citizenship Stats

2014/04/02 Leave a comment

The usual monthly update on citizenship processing, showing CIC on track to eliminating the backlog through a doubling of the number of new Canadians:

Approximately 33,700 people from 199 countries became Canadian citizens at citizenship ceremonies held across Canada in March 2014. This is almost twice as many compared to March 2013 when 17,089 people were granted citizenship across Canada…

So far in 2014, Canada has welcomed more than 75,900 new citizens at 759 ceremonies across Canada. Comparatively, in the first three months of 2013, Canada welcomed 35,320 new Canadians.

Canada welcomes more new Canadians – Canada News Centre.

Still would like to see a commitment to service standards!

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De l’exclusion des expatriés | Le Devoir

2014/04/01 Leave a comment

An opinion piece by Eric Laporte on voting rights for expatriates and a good short comparison table. I am comfortable with Canada’s five-year rule. While one can keep in contact with the politics and culture back home, the reality is that one does become more distant over time and, apart from the US, most expatriates pay taxes to the country they reside in, not their country of citizenship. No representation without taxation.

Un Américain, un Français, un Allemand, un Britannique est fier que l’un des leurs aille à l’étranger pour représenter son pays et aussi, ce qui est le plus important, aille à l’étranger pour aller chercher de la nouvelle expertise. C’est comme ça que les États-Unis se sont bâtis, en allant chercher l’expertise étrangère, non seulement avec l’immigration, mais aussi avec les contacts à l’international. On ne peut pas donner de signe plus clair à un citoyen qu’on ne le soutient pas qu’en lui enlevant ses droits démocratiques.

De l’exclusion des expatriés | Le Devoir.

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