C-24 Citizenship Act Committee Hearings – 7 May

Shorter hearing given voting in the house which made the statements and Q&As shorter.

Supporting the Government’s approach were the Ahmadiyya Muslim Community Canada, National Forum for Civic Action, and James Bissett, a retired immigration official who comments on immigration and related issues.

Predictably, supporting the opposition were the two academics, Elke Winter and Patti Tamara Lenard of University of Ottawa, with the most neutral advocacy coming from Pre-PR (Permanent Residents) Time counts, focussing on the Government’s proposed elimination of counting time in Canada for students, live-in caregivers, and refugees towards the residency period to become citizens.

Starting with Ahmadiyya Muslim Community Canada, one of the preferred Muslim groups of the governments (along with the Ismailis). After noting the pride members of his community have in Canada, Asif Khan emphasized that Islamic teachings require “absolute love and loyalty” to one’s country of residence. It was essential for the Government to have powers to deter aggression and protect against extremism. He supported the proposed approach to revocation, and argued that more attention and measures should be applied to those who used investment or trade opportunities to enter Canada and spread their “hateful ideologies.” He did express concern over increasing the number of applicants that would be required to take language and knowledge tests.

National Forum for Civic Action argued for even tougher citizenship requirements. Bikram prefaced his comments by saying that he was going to be “politically incorrect.” Canada’s approach placed original Canadians at a disadvantage, and the Government’s approach was half-hearted. Proficiency in English or French, not just adequate knowledge, should be required. Stop family reunification, seniors are “forced to come here” and are unhappy. Permanent Residents on welfare should lose status. Revocation should be broadened to include domestic abuse and should also apply to second generation immigrants and those elected to public office in other countries. Ministerial discretion on humanitarian and compassionate grounds should be ended.

James Bissett, in a somewhat rambling presentation, stressed his support for a longer residency period. He would have preferred five years but proposal goes in right direction. He supports the revocation provisions and (erroneously) stated that this is in line with most EU countries, and citing UK granting the Home Secretary considerable power in this regard. He dismissed that the provisions would create second class citizens as there was an inherent different between those born in Canada, whose citizenship is granted automatically, and those who choose to become naturalized and take the oath.

Opposing the bill, Elke Winter noted that immigration was fundamental to Canadian nation building, that Canadian Immigration was largely economically driven, and that multiculturalism and citizenship were huge factors in increasing belonging. Some elements of C-24 undermine success in integration by making citizenship as the end-point of integration, rather than part of the journey. The bill makes it harder for the less educated, socially and economically disadvantaged, including many women. Higher fees are an additional barrier. For the highly skilled and mobile, the longer and tougher residency requirements may result in this group becoming as “utilitarian as the selection process”, and adopt a more instrumental approach to citizenship. More flexibility over physical residency is required. She opposes the proposed revocation measures and fears that it will increase the suspicion of dual nationals.

Patti Lenard started off by correcting Bissett on revocation, noting that only UK had taken this approach. US and Australia had rejected it, most EU countries either didn’t apply revocation or were changing their approach. While 75 percent of dual nationals were naturalized Canadians, there was also a significant number of dual nationals by birth (i.e., they didn’t make a choice as Bissett asserted). The fundamental problem with revocation is that it made a group of Canadians more vulnerable to the coercive powers of the state, with Ministerial discretion in too many cases, creating the perception, absent a role for the Courts, of possible Ministerial abuse. UK illustrated the risks of what she called a “fundamentally corrupting power.”

Pre-PR Time Counts strongly opposed the elimination of credit for time as a temporary resident counting towards citizenship. Taisia Shcherbakova and Maria Smirnoff argued that Temporary Foreign Workers and equivalent were not newcomers to Canada but had already largely integrated into Canada. The change perversely would give preference to those without any Canadian experience. They noted that this change would place Canada at a disadvantage compared to Australia and the UK, and argued for similar credit of one year for every year of temporary residence (current legislation only provides for 50 percent credit).

Questioning by MPs  largely buttressed party positions, but there were some interesting moments.

In response to CPC/Menangakis, Bissett clarified that while he supported longer residency periods, there was a need for flexibility, as it may create problems for people who have to travel a lot on business.

NDP/Sitsabaiesan rather cleverly did a quick poll of  all witnesses on credit for time as temporary residents. All supported providing credit, notwithstanding their very different perspectives on citizenship. Liberal/McCallum picked up on that point, noting that Minister Alexander had refused to change approach when asked at the beginning of the hearings.

Will add links to briefs as they become available.


  

Can we really wash our hands of extremist dual nationals?

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.

Britain Increasingly Invokes Power to Disown Its Citizens

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.

The Lords must vote against Theresa May’s plan to strip Britons of their citizenship

More on the debate within the UK on citizenship revocation in cases of terrorist or equivalent activity, and lack of due process (proposed Canadian equivalent has greater due process protections given role of Federal Court and not leaving it to Ministerial discretion):

“[U]se of denationalisation as a punishment [means] the total destruction of the individual’s status in organised society. It is a form of punishment more primitive than torture …”

So ruled the US supreme court in 1958 on the practice of stripping people of their citizenship and leaving them stateless. It is a measure of how far Britain has sunk in the legal and ethical mire of the “war on terror” that the government is now attempting to introduce powers similar to those rejected by the US courts as “cruel and unusual” more than half a century ago.

On Monday, the House of Lords votes on plans that would give Theresa May the power to strip Britons of their citizenship without due process, even if doing so would leave them stateless – deprived of any nationality or the protections it carries.

It is a power that, before this government came into office, had been relatively narrow in scope and little-used. Even during the second world war, Oxford academic Matthew Gibeny notes, “only four people were stripped of citizenship.” Already, he says, “Theresa May has denaturalised more than four times that number”.

The Lords must vote against Theresa May’s plan to strip Britons of their citizenship | Clare Algar | Comment is free | theguardian.com.

Citizenship – Varia

Catching up on citizenship issues while I was away.

Good piece by Nicholas Yeoung of the Star sharing some anecdotal reactions to the proposed changes to the Citizenship Act:

http://read.thestar.com/?origref=http%3A%2F%2Ft.co%2FcyqfDhUNZj#!/article/53147e0bec0691be4e000037

More on the British revocation provisions regarding those convicted of or suspect of terrorist activities. In contrast to the proposed approach by the Canadian government, the UK Minister has the authority, not the courts, and the UK does not intend to respect the international convention on statelessness:

How a British Citizen Was Stripped of His Citizenship, Then Sent to a Manhattan Prison | The Nation

Some op-eds on perceived remaining issues related to changes in the government’s approach to citizenship, starting with the first generation limit and a somewhat plaintive complaint about the impact on his daughter, born, living and growing up in the USA, who will not be able to pass on her Canadian citizenship to her children. Part of the risk of expatriate life, and if it is that important to her family, there are a number of paths available (but none are cost-free, ranging from the family spending time in Canada, to the daughter marrying a Canadian or giving birth in Canada).

http://www.theglobeandmail.com/globe-debate/my-daughters-second-class-citizenship/article17124132/

A more serious issue is to what extent is the government required to provide consular assistance, given the increased range of situations Canadians find themselves:

http://www.theglobeandmail.com/globe-debate/if-canadian-citizenship-becomes-more-exclusive-it-must-become-more-meaningful/article17133298/

No surprise that an ATIP request shows that the proposed shorter waiting time for people serving in the Canadian military is more symbolic than real, with only a minimal number of potential applicants:

http://www.theglobeandmail.com/news/politics/globe-politics-insider/tories-citizenship-fast-track-for-soldiers-would-have-little-effect-figures-show/article17348121/

The usual monthly update on citizenship processing stats, showing improvement given Budget 2013 money. The test is whether the government will continue to publish these stats should the trend turn, or commit to service standards and quarterly reports, rather than press releases when it serves their interest.

http://www.cic.gc.ca/english/department/media/releases/2014/2014-02-28.asp

And pity the abandoned Chinese millionaires:

http://feedly.com/e/uTyR2SKo

Tories speed up plan to give minister power to strip citizenship – The Globe and Mail

More debate on the proposed revocation measures, particularly with respect to revocation for fraud and Ministerial decision-making. The previous revocation process was largely unworkable:

Mr. Alexander told CTV this week the existing revocation process is “one of the most time-consuming, document-intensive bureaucratic processes I’ve ever seen.” His spokeswoman, Codie Taylor, said the unilateral system is meant to “reduce duplication and bureaucracy. We are making the citizenship system more efficient, which will result in decreased backlogs and improved processing times.”

Canada can’t leave a person stateless under international treaty law, so the rules apply only to dual citizens. The law also puts the onus on those accused to prove they’d be left stateless – not on government to prove they wouldn’t. Mr. Alexander also now has the sole right to grant “discretionary” citizenship, though the government says it will not make public the list of those who get it.

The changes in Bill C-24 omit Sections 10 and 18 of the existing Citizenship Act, which dealt with revocation and a subject’s right to appeal to court. While court will no longer be an option in some cases, Winnipeg immigration lawyer David Matas noted other cases actually will be sent to a higher court than before. “This new legislation, as far as I can see, is an improvement,” he said.

Tories speed up plan to give minister power to strip citizenship – 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