Chris Alexander balances his portfolio and power

Konrad Yakabuski’s favourable profile of CIC Minister Chris Alexander:

Canada remains an outlier in that it has not seen a rise in anti-immigration politics. Making sure it stays that way requires striking the right balance to retain public confidence in our citizenship laws. C-24 largely gets this balance right, but Mr. Alexander has more work to do to make the case for its revocation provisions.

If he succeeds with the immigration file, as Mr. Kenney did, watch out. For Conservatives unenthusiastic about future leadership prospects Peter MacKay, John Baird or Mr. Kenney, the polyglot internationalist who recently aced his grilling on Quebec’s Tout le monde en parle – he took being compared to a Ken doll as a compliment – might just be the answer to their prayers. There is little doubt he has the brains.

“Chris understands the exercise of power,” says former deputy foreign-affairs minister Peter Harder. “He’s got tremendous gifts, the full potential of which have not been realized.”

Chris Alexander balances his portfolio and power – The Globe and Mail.

British Home Secretary Waited Until Terror Suspect Was Abroad Before Stripping Citizenship | Global Research

Interesting debate in the UK over revocation of suspected terrorists. UK has gone further than proposed changes to revocation in the revisions to Canada’s Citizenship Act, namely;

  • Ministerial discretion rather than through the courts; and,
  • Not respecting the international statelessness convention.

MPs voiced concern on Tuesday that prospective changes to the Immigration Bill allowing the Home Secretary to make people stateless would result in ‘two classes of British citizens.’

Theresa May is seeking the power to strip terror suspects of their UK nationality even if it renders them stateless – currently she can only use the law against dual-nationals, who won’t be left stateless by the loss of their British nationality. The changes in legislation will only apply to foreign-born or naturalised British citizens.

Diane Abbott, Labour MP for Hackney North and Stoke Newington, said: ‘We will have two classes of British citizens. That is a dangerous road to go down.’

Abbott added: ‘The fear will be that although this has started with suspected terrorists, where will it end, once the state decides that British citizenship is not indivisible?’

Security minister James Brokenshire replied: ‘We do not accept that there is, or will be, a two-tier citizenship system.’

But a recent Home Office briefing showing how the Immigration Bill amendment seeks to comply with EU law, said it was ‘satisfied that there is an objective and reasonable justification for treating naturalised citizens differently from others.’

British Home Secretary Waited Until Terror Suspect Was Abroad Before Stripping Citizenship | Global Research.

The US approach is more draconian: revocation through targeted drone strikes.

With A Citizen In The Crosshairs, Where’s The Line Drawn For Drones?

Canadian commentary on the risks of mistakes and lack of due process of the proposed revocation provisions of the Citizenship Act revisions by Azeezah Kanji in the National Post:

Moreover, neither [former Minister of Citizenship and Immigration] Mr. Kenney nor the proposed legislation specifies that revocation of citizenship is permitted only for acts of terrorism executed against Canada or Canadians. Vile as it may be, an act of terrorism committed on non-Canadian soil, against non-Canadian nationals or interests, should not be considered a “fundamental breach of mutual loyalty” against Canada.

The inherently political nature of terrorism means that terrorism accusations, prosecutions and convictions are also deeply politicized, and subject to radical re-evaluation in hindsight. Yesterday’s terrorists may be today’s honorary Canadian citizens — as the case of Nelson Mandela demonstrates.

Banishing those convicted as terrorists does not “strengthen” Canadian citizenship; it only leaves Canadians more vulnerable to the political prejudices of the day.

Sometimes I think that we should have another version of Godwin’s law that prohibits always using Nelson Mandela as an example of “one man’s freedom fighter is another one’s terrorist,” as many of the extremists are a particularly nasty lot with little if anything in common with Mandela’s early days (he targeted infrastructure, not people).

This is not to say that we should not be extremely cautious and examine carefully the implications of such a fundamental change to the long-standing Canadian policy of considering Canadians as equal, whether born-here or elsewhere.

Stripping convicted terrorists of their citizenship leaves all Canadians vulnerable

In defence of Ottawa’s citizenship shift: Chris Alexander | Toronto Star

Op-ed by Minister Alexander to some of the over-the-top commentary by The Star on the proposed changes to the Citizenship Act. A number of his points are valid, particularly regarding the failure to recognize that there was abuse in the citizenship (and other) programs (reminds me of the Downton Abbey scene in which the Dowager Countess asks Isabelle whether Isabelle never doubts the honesty of people).

However, the change in a basic principle in Canadian citizenship policy for two generations, equal treatment for Canadian-born and naturalized Canadians, should not be glossed over. This change, combined with the “intent to reside” provision, needs to be reviewed closely on both substantive and process grounds. While the easy cases (e.g., the 130 Canadians fighting with extremist groups cited by the Minister) are of legitimate concern, the risk is that this substantive change to traditional policy (“a Canadian is a Canadian”) may cast a broader net with unforeseen consequences.

Minister Alexander’s overall messaging:

The new measures in Bill C-24, the Strengthening Canadian Citizenship Act, are a deterrent to those who might seek to abuse our generosity, circumvent our laws or attack us in cold blood.

We are all proud of our Canadian citizenship. Let’s make it stronger than ever by ensuring new Canadians have a real connection to this country, by reducing processing times, by honouring those who serve, by eliminating fraud and abuse and by deterring disloyalty.

In defence of Ottawa’s citizenship shift: Chris Alexander | Toronto Star.

The Four Pillars of French Nationality

Good overview on French nationality by Victoria Ferauge summarizing a talk by Patrick Weil, one of the leading academics on citizenship and related issues. Well worth reading, including for my Quebec readers, on laicité:

Weil made the very good point that the idea of the separation of Church and state has been wrongly extended from its original purpose – the strict neutrality of the state in matters of religion.  What we can see today is another conception of it which views the state’s role as an accelerator of the decline of religious belief (a pre-requisite, some argue, to creating a truly “modern” society),  To that end there is an attempt to eject religious expression from public life. (See José Casanova for a discussion about these very different views of secularization.)

He contends, and I agree wholeheartedly, that this was never the intention behind la laïcité.  The state is not there to hobble religious expression public or private – on the contrary the state is prevented from favoring any religion over another and is not permitted to do anything to restrict an individual’s freedom of conscience and the expression of his or her beliefs.  Here I would say that this attempt on the part of some in the Hexagon to do that is just as much a problem for me as a Roman Catholic as it is for the members of minority religions here.

The Franco-American Flophouse: The Four Pillars of French Nationality.

Citizenship Act Revocation: Commentary

Strong commentary on both sides of the political spectrum on the revocation and related provisions of the proposed changes to the Citizenship Act, starting with Chris Selley of the National Post:

Grown-up countries clean up their own messes. You don’t “strengthen Canadian citizenship,” as Bill C-24 purports to, by making it easier to revoke, by kicking your junk into another country’s closet. You strengthen Canadian citizenship by holding wayward or treasonous citizens to account, and by demanding fair and equal treatment for even the most unpopular, thereby reinforcing the obligations they violated. Mr. Khadr’s case showed us how far Canada has to go. The Conservatives propose to take us even further in the wrong direction.

Chris Selley: Actually, my citizenship is a right | National Post.

Audrey Macklin and Lorne Waldman of the Canadian Association of Refugee Lawyers, in addition to their previous criticism of the revocation provisions, note additional problems with differential treatment of Canadian-born vs naturalized Canadians:

The provision also holds out the implicit threat that if a naturalized Canadian citizen takes up a job somewhere else (as many Canadians do), or leaves Canada to study abroad (as many Canadians do), the government may move to strip the person of citizenship because they misrepresented their intention to reside in Canada when they were granted citizenship. Whether the government acts on the threat is not the issue; it is enough that people will be made insecure and apprehensive by the possibility that the government may arbitrarily decide to launch revocation proceedings against them if they leave Canada too soon, or remain away too long. That’s not a way to foster a citizenship of commitment. That’s how to foster a citizenship of fear.

I had viewed this provision as more symbolic than enforceable, but Macklin and Waldman have a point as this could be deemed fraud should a naturalized citizen leave Canada for professional or personal reasons. CIC may not today be able to enforce such a provision. However, as the government implements its plans for exit controls, this may change. As many Canadians, both naturally-born and naturalized, live abroad, often for reasons that most would consider valid (i.e., not just “citizens of convenience”), this provision bears greater scrutiny.

Citizenship reforms a serious threat to rights of all Canadians

Lastly, a reminder that not all share this concern. Kevin Hampson in the Mayerthorpe Freelancer, strongly supports the revocation measures:

Being Canadian is a privilege, not a right—that’s the message. Those are much better terms on which to welcome newcomers.

Finally, despite the Toronto Star’s alarmism, it is just and proper to strip citizenship from people who engage in terrorism. Thomas Walkom’s characterization of this view as “radical” shows the extent of his esteem for Canadian citizenship.

Walkom suggests that thousands of Canadians could have their citizenship revoked. Here’s a tip: don’t want to lose your citizenship? Don’t become a terrorist.

“Yesterday’s terrorist can be tomorrow’s hero,” Walkom shrugs. To which we reply: If Canada in the future celebrates Islamic terrorists as heroes, Walkom will have worse things to worry about than Bill C-24.

Canada’s new Citizenship Act is long overdue

Still haven’t seen much commentary in French language media. Will also be interesting to see how ethnic press covers this (how I miss the ethnic media press scan at CIC).

Citizenship Act Revisions – Reactions

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Globe and Mail

 

Courtesy of Actively Passive, more compilation of reaction to the proposed changes.

Saskatchewan reacts to proposed Citizenship Act changes (Joe Couture,www.leaderpost.com)
Saskatchewan Economy Minister Bill Boyd says the provincial government is generally supportive of proposed changes to citizenship rules introduced by the federal government Thursday.
http://www.leaderpost.com/Saskatchewan+reacts+proposed+Citizenship+changes/9479347/story.html

Citizenship Act shift hits family (Robert Barron, www.nanaimodailynews.com)
Marina Filatova is concerned about what the changes to Canada’s Citizenship Act that are being proposed by the Conservative government will mean to her and her family.
http://www.nanaimodailynews.com/opinion/citizenship-act-shift-hits-family-1.826905

 

Canada floats new citizenship rules that could affect thousands of Chinese)
Canada has unveiled sweeping reforms that would require immigrants spend more time as permanent residents, file tax returns and sign an undertaking to continue living in the country if they want to become citizens.

 

Commentary on Bill C-24: Citizenship Act Revisions

Not surprisingly, the Toronto Star has a field day criticizing the new citizenship bill, with an editorial and commentary by Haroon Siddiqui and Thomas Walkom:

In typical fashion for Prime Minister Stephen Harper’s law-and-order obsessed government, the laws promise to “protect the value of Canadian citizenship” by cracking down on problems that largely don’t exist. The vast majority of new Canadians are loyal, honest, law-abiding citizens. They have contributed enormously to the building-up of this nation. But you wouldn’t know it to judge from the unwelcome mat rolled out this week by Citizenship and Immigration Minister Chris Alexander. It’s all about cracking down on the marginal few who turn out to be treasonous, terrorists, criminals or fraudsters, and raising the bar for everyone else.

Canada’s new Citizenship Act reeks of mistrust: Editorial | Toronto Star.

He [Minister Alexander], too, is promising “reforms” and more get-tough measures. He will reduce the backlog in citizenship applications (now at 320,000) and waiting times (now between 25 and 35 months). If Kenney cleaned up the backlog in the skilled workers program by throwing out 98,000 applicants who had waited years in the queue, Alexander is going to “improve” the clogged citizenship processing by making immigrants wait four years instead of three to get citizenship, and make them pass a stringent English and French language test, as well as another test on their knowledge of Canada. Never mind that many native Canadians may not pass those tests, either.

As he heralded the “strengthening” of the Citizenship Act, he slipped in such measures as tripling the fee and giving himself the power to grant and strip citizenship — no need for the rule of law and due process, as he appointed himself the Citizenship Czar in some cases.

How to read Ottawa’s latest immigration changes: Siddiqui

Whether they know it or not, there are plenty of dual nationals here. Even the United States extends citizenship to Canadians with at least one American parent.

It can be argued that citizenship is a privilege rather than a right. It can be said that anyone who commits high crimes and misdemeanors — regardless of birthplace — should lose this privilege.

In an ideal world, that might make sense. But in the real world, public opinion can be fickle and government arbitrary.

After World War II, for instance, Ottawa seriously contemplated deporting all Japanese-Canadians, including those born in this country, to Japan. It probably would have been a popular move.

In the real world, as the career of iconic anti-apartheid fighter Nelson Mandela demonstrates, yesterday’s terrorist can be tomorrow’s hero.

Canada’s new citizenship bill a Trojan horse: Walkom

The National Post has limited commentary, but Kelly McFarland strongly supports the Bill:

Canada has always embraced immigration; the country was built on it and depends on it for our continued growth and vibrancy. But past policies have too often been designed to reflect a spirit of generosity so eager that it exposed the process to abuse, and cheapened the value of what is, in a practical sense, the greatest honour a country can bestow. Citizenship means more than simply buying a passport, or obtaining a bolt hole to be used when life in another country becomes too dangerous or inconvenient. Canada has been preyed on openly by people who put in the minimum time required to gain access to its benefits, only to spend the bulk of their lives outside its borders and careless of its culture. Mr. Alexander’s changes should go some distance to remedying those failings.

Some elements of his plan may prove contentious, and perhaps open to challenge in court. The new rules would enable Ottawa to revoke citizenship from dual citizens who commit treason, take up arms against Canada or engage in terrorist acts here or abroad, freeing Ottawa from the need to assist “citizens” who involve themselves in terrorist escapades overseas. Other countries have similar provisions, but while they would apply only in “exceptional” cases, they may be open to challenge on the basis that they create two standards of citizenship, with some Canadians more equal than others….

But overall the reforms are an excellent start, which emphasize the value of citizenship and demand applicants demonstrate a real desire to make Canada their permanent home, absorb its culture and contribute to its progress and well-being.

Citizenship changes recognize high value of being Canadian

Interestingly, there does not appear to be any commentary in Quebec French language media. Whether this reflects the internal focus on Quebec (e.g., the Values Charter and pre-election positioning) or bigger federal stories (e.g., electoral reform) is unclear.

Some immigration and refugee organization issued critical statements. The Canadian Council for Refugees:

“Citizenship is a fundamental status – not something that is ‘deserved’. It is wrong to use citizenship rules to punish people for wrong-doing – that’s the role of the criminal system,” said Loly Rico, President. “Treating dual citizens differently is discriminatory and violates the fundamental principle that all citizens are equal.”

The CCR also opposes the proposal to make permanent residents wait longer before they can apply for citizenship. Extending the wait period undermines efforts to integrate newcomers.

Offering citizenship is a key way Canada embraces newcomers and encourages them to quickly become full participating members of our society. Traditionally this has been an area where Canada excelled.

The Canadian Association of Refugee Lawyers:

Unlike the Conservative government, CARL has full confidence in the Canadian criminal justice system’s ability to effectively punish individuals who violate the law.  As such, CARL condemns the proposed provisions that will allow for citizenship stripping. We do not need to revive the medieval practice of banishment to achieve the goals of punishment, namely deterrence, retribution, denunciation, and rehabilitation.  We now have the benefit of a modern judicial process that includes prosecution, trial before an independent judge and, in the event of conviction, a punishment that expresses society’s condemnation with the full weight of the law.

The current Minister of Citizenship and Immigration’s predecessor falsely claimed that citizenship stripping is commonplace in other countries, including the United States.  In fact, the only western state to make use of this practice in the last few years is the United Kingdom, and it is an outlier whose use of it should serve as a cautionary tale.  Citizenship stripping has been unconstitutional in the United States for over 50 years.

PRESS RELEASE: Canadian Association of Refugee Lawyers reacts to proposed government citizenship bill

Ontario Council of Agencies Serving Immigrants (OCASI)

Issue: Increasing the amount of time a permanent resident must wait before becoming a full participant in Canadian society will not strengthen democracy in Canada. Some permanent residents, such as those who were Convention Refugees, will face difficulties in travelling to see family or take advantage of overseas employment opportunities.

Issue: The government has said that the Bill will reduce the processing time. But this may not make a real difference to immigrants since they will have to wait longer to apply…

Issue: The change will impact on seniors who are currently exempt from these provisions, including those who have been working since they arrived and did not have time to take a language test, those who know enough English or French to live and work in Canada but not enough to pass the required language test, and those who do not have the capacity to learn a new language such as older refugees.

Issue: Increasing the amount of time a permanent resident must wait before becoming a full participant in Canadian society will not strengthen democracy in Canada. Some permanent residents, such as those who were Convention Refugees, will face difficulties in travelling to see family or take advantage of overseas employment opportunities.

Issue: The government has said that the Bill will reduce the processing time. But this may not make a real difference to immigrants since they will have to wait longer to apply.

OCASI Comments On Proposed Citizenship Changes

News Release — What people are saying about Strengthening Canadian Citizenship Act

Interesting mix of endorsements from the expected (e.g., Centre for Immigration Policy Reform, Foundation for Defence of Democracies, True Patriot Love, Central Mennonite Committee in case of Lost Canadians) to the less so (individual tweets). And finding likely the one immigration lawyer, Chantal Desloges, in favour is quite a coup.

Plays against the backdrop of the Maytree survey posted earlier.

News Release — What people are saying about Strengthening Canadian Citizenship Act.

Maytree Survey Research Reveals Canada’s Attitudes towards Citizenship

While over two years old, this survey, conducted by Maytree, the Institute for Canadian Citizenship, the CBC and Royal Bank, is nevertheless interesting, as it indicates that in general Canadian citizenship policies are working and little appetite for change.

As the Government moves forward with revision to the Act, it will be interesting whether the debate reflects these findings or not.

Maytree New Survey Research Reveals Canada’s Attitudes towards Citizenship » Maytree.

Ottawa to consult with provinces on dealing with “birth tourism” | Toronto Star

No surprise that not included in the changes to the Citizenship Act given the implications for the provinces (and the government may have learned something from the Jobs Grant experience). Hopefully, the consultations with the provinces will ask for hard data on the number of births that were to mothers who were not covered by medicare (i.e., birth tourism and immigrants within the three-month waiting period) to give more than anecdotal information on the extent of the issue.

“We want to address the issue of people who have absolutely no strong connection to Canada and have no desire to live here, coming solely for the purpose of giving birth and then leaving,” Alexander told a news conference in Toronto after Bill C-24, Strengthening Canadian Citizenship Act, was tabled.

“It will be addressed down the road in an appropriate way. It does involve consultation and co-ordination with the provinces and territories who deliver health care obviously.

“We have to make sure we get it right in a way that doesn’t disrupt the vast majority of Canadians who are having their legitimate births in hospitals, but does detect and deter those cases where our generosity is being abused.”

Ottawa to consult with provinces on dealing with “birth tourism” | Toronto Star.