Hollande’s plans to strip dual nationals of citizenship stirs the Left – France

Healthy debate to have:

French government plans to toughen security laws in the wake of the Paris attacks, which include stripping dual nationals of their citizenship, have come under fierce scrutiny from members within its own ranks. Lille mayor and former labour minister Martine Aubry has called into question the moral basis of the move.

“I’m not sure stripping dual nationals of their citizenship is absolutely necessary,” Martine Aubry told French TV channel BFM on Thursday.

The French government has introduced a raft of security measures since the Paris attacks on 13 November. The police has carried out over 2000 raids on suspects with terrorist links as part of new emergency state laws. Today President François Hollande wants the state to have even more sweeping powers, such as being able to strip dual nationals of their citizenship if they’re involved in terrorist offences.

The prospect has sent alarm bells ringing within his Socialist party, concerned that the Left is jerking dangerously towards the Right.

“Should we treat dual nationals born in France differently? Should we be suspicious of anyone whose parents come from abroad?” Aubry continued.

In essence, the former Labour minister is criticizing what she considers to be a knee-jerk reaction on the part of the president “to give the allusion that he’s going far enough.”

Her comments come three days before regional elections, in which the Far-right Front National is slated to win.

The Paris attacks have reshaped the context. The focus is now less on social issues–although unemployment is higher than ever according to fresh statistics published on Thursday-and now more concentrated on security. A growing number of candidates are opting for stringent security measures in their manifestos to compete with Marine Le Pen.

“It’s out of the question to let the Front National win,” Aubry added, pledging her “full” support to François Hollande in regional elections, of which the first round kicks off this Sunday.

The fact remains however, that she still has doubts on whether his security face-lift suits him.

Source: Hollande’s plans to strip dual nationals of citizenship stirs the Left – France – RFI

Refusal to grant British citizenship to extremist’s family ruled unlawful

Over-reach, not authorized by legislation (apart from the substance):

An unprecedented decision by the home secretary, Theresa May, to refuse British citizenship to the wife and children of a supporter of Osama bin Laden in order to deter other potential extremists has been ruled unlawful by the high court.

Mr Justice Ouseley quashed the refusal of British citizenship to the wife and two adult children of the Islamist extremist, who is a refused asylum seeker but cannot be deported to Egypt for fear he will be tortured.

The judge said May had acted unlawfully because parliament had not expressly provided that British citizenship could be refused to deter others from engaging in extremism in the future.

The Egyptian family, who have been in Britain since 1994, cannot be named and were referred to in court as HY, MM, GY and TY. The father has been described by the Home Office as an Islamist extremist and is listed by the United Nations as associated with al-Qaida through Egyptian Islamic Jihad.

The mother, aged 51, is bedridden and mainly lives with her husband, while their children, who are in their 20s, have left home and are following professional careers and have their own families. All were given indefinite leave to remain in Britain in May 2009.

The family’s barrister, Michael Fordham QC , told a hearing in October that the wife and children were “blameless individuals whose good character is unimpeachable” and were being blamed for the “sins of their father”, who was no longer regarded as a threat by the security services.

The judge said they were each regarded as being able to truthfully take the citizenship oath and pledge of allegiance in good faith. The Home Office said there were “no lurking doubts” or reasons to suspect they were in any way involved in extremism.

…Robin Tam QC, for the home secretary, said British citizenship was a privilege and not a right, and it was not irrational to deny it as a deterrent to individuals connected by blood or marriage to those who had engaged in extremist activities.

Ouseley did not agree. He said there was “real unfairness in refusing naturalisation to someone who qualified in all other respects, in order to provide a general deterrent to others, over whom the applicants had no control”.

The judge said that if parliament had ever intended the home secretary to use such a discretionary power, it would have expressly provided for it. He said the effect of her approach, which he said was unprecedented, was to force applicants to choose between family and British citizenship in order to deter others from extremist activities.

Source: Refusal to grant British citizenship to extremist’s family ruled unlawful | UK news | The Guardian

Contracts trump culture — Iranian woman doesn’t have to return dowry after leaving marriage: Ontario court

Rule of law prevails, appropriately without accommodation:

Reliance on cultural norms is no substitute for explicit contract language when giving a gift or transferring property, Ontario’s top court ruled Wednesday.

The decision comes in the case of a young Iranian couple in Ottawa whose marriage fell apart after the bride received a dowry — also known as a mahr — from the groom’s family.

“A wide variety of cultures and their norms and traditions form an integral part of the Canadian mosaic,” the Appeal Court ruled.

“They cannot simply be imported into a transaction involving the transfer of real property by reference to a concept such as ‘dowry,’ which forms a part of a particular culture or tradition.”

A wide variety of cultures and their norms and traditions form an integral part of the Canadian mosaic

Ahmad (Reza) Abdollahpour and Shakiba Sadat Banifatemi married in Ottawa in March 2012. According to Iranian custom, his family gave the bride a dowry that included a 50 per cent stake in a house they owned. They transferred the ownership by way of a deed of gift.

After they separated in December 2013, Abdollahpour and his family wanted the property back. Banifatemi refused and the Abdollahpours sued.

The groom’s family argued the transfer was part of the dowry and that Iranian culture and tradition dictated that Banifatemi would have to return the gift if she left the marriage.

A year ago, Ontario Superior Court Justice Robert Smith sided with the former bride, prompting the former groom and family to appeal. They argued Smith was wrong to find the gift was given unconditionally.

In upholding the ruling, the Appeal Court noted the two families had negotiated the property transfer before the marriage — after receiving independent legal advice — — and that the lawyer for the groom’s family described the transfer as a “wedding gift to both kids.” In addition, the deed of gift, which was formally registered, stated that the groom’s family was transferring “irrevocably” the property to the bride.

As such, the Ontario Court of Appeal concluded, everything pointed to an intention by both sides that the transfer was both irrevocable and unconditional, and that there was no indication of any expectation of a return if the marriage broke down.

It simply isn’t good enough, the Appeal Court concluded, to insist after the fact that cultural expectations formed part of an agreement unless explicitly noted, or that merely listing a gift as part of a dowry is sufficient to create an implied set of conditions related to traditional norms.

Source: Contracts trump culture — Iranian woman doesn’t have to return dowry after leaving marriage: Ontario court

Expats may have Harper Tory restrictions on voting dropped, Liberals say

To be watched – I think the current 5 year rule is appropriate (it was instituted in 1993 and the social contract reasoning of the Court decision makes sense). Moreover, not clear how many expats would in fact vote (see earlier Reframing the debate over expat voting: Russell and Sevi, Globe editorial for the numbers):

The new Liberal government wants more Canadians to vote in elections and won’t be reviving measures proposed by the former Conservative regime that critics said would have the effect of suppressing voting, the Prime Minister’s Office said Wednesday.

At the same time, a spokesman for the PMO said the government had made no decision on an existing law currently subject of a court battle that effectively disenfranchises expats abroad for more than five years.

“We will be able to clarify our intent in the coming months,” Olivier Duchesneau, deputy communications director in the Prime Minister’s Office, said in an email.

“But we believe that more Canadians should have the ability to vote, not the opposite.”

Two expat Canadians in the United States launched a constitutional challenge to rules in the Canada Elections Act that bar them from voting from abroad. They were initially successful in Ontario Superior Court in 2014, but the province’s Court of Appeal sided with the Conservative government in July.

The two are now waiting to see if the Supreme Court of Canada will take up their case. In the interim, they have called on Prime Minister Justin Trudeau to withdraw the government’s defence of the legislation if the top court does agree to a hearing.

The PMO said no decision has been made on the litigation or the existing legislation, but made it clear the Citizens Voting Act or Bill C-50 proposed by the former government would stay dead.

Among other things, it tightened ID and registration requirements for voters living abroad. The Conservatives argued it was aimed at preventing fraud, but critics said it would make it harder for expats to vote.

The bill, introduced last December by then-democratic reform minister Pierre Poilievre in response to the initial court decision, passed second reading in May and was being debated in committee. The legislation died on the order paper when the election was called.

“The government is committed to scrapping the Citizens Voting Act,” Duchesneau said.

Source: Expats may have Harper Tory restrictions on voting dropped, Liberals say

Don’t want to pledge allegiance to the Queen? Seek comfort elsewhere: Macleans editorial

More commentary on the recanting of the reference to the Monarchy in the citizenship oath:

It would be easier to be annoyed with Bar-Natan’s hypocrisy if he was less effusive in his praise for his new homeland. “I’m definitely proud to be a Canadian,” he told the Canadian Press after the ceremony. “It’s a wonderful country, a truly wonderful country, with one small iota that I disagree with.” That said, Canada is not an à la carte proposition in which new citizens should be encouraged to sign up for the bits they like and ignore the rest. Anyone who finds the totality of Canadian democracy repulsive is welcome to seek comfort elsewhere. Perhaps in time Bar-Natan will come to realize the bothersome oath to Queen Elizabeth the Second that irks him is actually an essential component of Canada’s remarkable tradition of freedom, tolerance and diversity.

When Britain took control of Quebec following the 1759 Conquest, Canada’s “citizens”—the 70,000 or so habitants who suddenly found themselves British subjects—were initially required to take an anti-Catholic “Test Act” oath to vote or hold public office. Concern for the rights of his French-speaking, Catholic citizenry led Quebec governor Guy Carleton to replace this offensive religious obligation in 1774 with a uniquely Canadian compromise: a secular oath pledging allegiance instead to the Crown. This early expression of Canadian constitutionalism allowed the Canadiens to participate fully in society and guaranteed their freedom of religion.

Today’s oath is a direct descendant of Carleton’s innovation. It is a deliberate effort to mould an inclusive society out of diverse parts—and the very reason Bar-Natan can become a Canadian while at the same time expressing dissent, however sanctimoniously. We should be celebrating this remarkable history of toleration, not disavowing it.

Source: Don’t want to pledge allegiance to the Queen? Seek comfort elsewhere

Canadian Encyclopedia: 30 immigrant groups to Canada

Good list and background information (click on the story to see timeline and links):

To celebrate its 30th anniversary, The Canadian Encyclopedia created 30 lists of 30 things that make us proud to be Canadian, from famous people and historic events, to iconic foods and influential artists. Read more of their lists here.

The various waves of migration to Canada over the course of its history have made the country what it is — a mosaic of peoples of diverse backgrounds. In 2011, Canada’s foreign-born population was approximately 6.8 million people, or 20.6 per cent of the total population — the highest proportion among G8countries.

Canada’s checkered history of immigration has included instances of outright discrimination (see Komagata Maru; Chinese Head Tax; MS St. Louis) as well as genuine humanitarian heroics; Canada is the only nation to receive the United Nations Refugee Agency’s Nansen Award, in recognition of its efforts to resettle 60,000 Vietnamese refugees.

Source: Canadian Encyclopedia: 30 migrant groups to Canada – Macleans.ca

ICYMI: Ex-immigration minister Atkey urges Canada to double intake of Syrian refugees

A historical reminder and it appears the Government is listening:

As Canada braces for the arrival of 25,000 Syrian refugees, the man who served as immigration minister during the Vietnamese boat people crisis says Ottawa should be doing much more.

Ron Atkey believes the 25,000 Syrians Ottawa is promising to re-settle initially is a “noble objective” but he wants Canada to up the ante.

“If Canada can do another 25,000 — that would make a significant contribution in line with Canada’s contribution with the Vietnamese boat people in 1979 to 1980. It will demonstrate to the Americans that they have to do more. We’ll shame them into it, similarly the Australians,” says Atkey, who was immigration minister in the Joe Clark government in 1979 when 50,000 Vietnamese refugees were granted asylum in Canada. By the end of 1980, that number had risen to 60,000.

Canada admitted 60,000 Vietnamese refugees in 1979 and 1980.

Canada admitted 60,000 Vietnamese refugees in 1979 and 1980.

“For us to take a dramatic position on the world stage is important. We won a medal from the United Nations High Commission for Human Rights. We gained a lot of prestige as a humanitarian country. I think that’s consistent with Canadian tradition.”

Atkey, who is also a lawyer, professor and national security expert, is chair of Humanity Wins, a group of prominent Canadians who came together earlier this year to advocate for re-settlement of Syrian refugees to Canada.

Source: Ex-immigration minister urges Canada to double intake of Syrian refugees | Toronto Star

Report calls for a ‘humanized’ public service

A good initiative of the previous government:

The report, which recommends implementing the Mental Health Commission’s national psychological standard across government, concludes that the way the public service is managed must shift from an “output-focused environment to one that is more people-focused.”

The recommendations revolve around fixes in key areas: leadership, engagement, education on mental health, training and workplace practices, communication, and promotion and accountability.

“We must humanize the workplace … A more people-focused environment contributes to a high-quality federal public service (and) compassion is fundamental to this shift,” said the report.

Treasury Board President Scott Brison said the report shows the government and unions have “common ground” where they can work together.

“Humanizing is consistent with our government agenda to create a culture of respect for the public service,” said Brison.

“Mental health is part of that, ensuring public servants have a healthy workplace,” he said. “It is the right thing and healthy workplaces are more productive.”

The task force grew out of the bargaining demand PSAC tabled nearly a year ago. It asked the government to adopt the Mental Health Commission’s national psychological standard across government and enshrine it in all collective agreements.

Clement took the extraordinary step of taking the proposal off the table, and setting up a task force to examine the standard and identify the toxic factors in the workplace that are making workers sick.

“The unions deserve credit … and I give full marks to Tony Clement for having helped to initiate this,” said Brison. “I told the unions that it this is just the beginning.”

Brison stressed the committee’s work won’t be used as a bargaining chip in “any way, shape or form” when Treasury Board negotiators and the 18 unions resume collective bargaining on sick leave in January.

The cost of mental illness, from absenteeism to productivity, has been on the government’s radar for the past decade, with mental health claims accounting for 47 per cent of all disability claims.

The 2014 public service survey found employees’ engagement was falling and one in five said they were harassed, mostly by co-workers or bosses.  Studies of executives and their health showed similar trends.

Last year, 40 per cent of all calls to the hotline for the Employee Assistance Program were about mental health.

Source: Report calls for a ‘humanized’ public service | Ottawa Citizen

Review: Robin Higham’s What Would You Say? … as guest speaker at the next Canadian citizenship ceremony

what would you saysRobin Higham, my helpful ‘trusted reader’ for my book, Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, has written What Would You Say? … as guest speaker at the next Canadian citizenship ceremony, an anecdote-based approach to understanding the rights and responsibilities of citizenship.

His latest book develops further his thoughts on integration, first expressed in his earlier work, Who Do We Think We Are, which focussed on reasonable accommodation,.

As before, Higham uses archetype-characters both Canadian-born and immigrants to express a range of perspectives, ranging from ‘old-stock’ (indigenous, two francophones, anglophone) to ‘new-stock’ (East European, Latin American, Indo-, and Muslim) Canadians. Higham uses these characters to fashion a conversation regarding the responsibilities of integration and citizenship.

This is an effective technique to outline some of the issues involved and capture different perspectives.

However, like any anecdote-based approach, it has a number of weaknesses, starting from how one frames such discussion, and what assumptions and premises underlie his argumentation.

Higham’s underlying bias and ideology are clear. His choice of Gilles Paquet’s apocalyptic frame — political correctness, reluctance to confront, culture of entitlement, and unreasonable accommodation — and how these are interpreted, reflect a distinctly conservative perspective, focussed on social cohesion more than inclusion.

But this frame is more asserted than demonstrated through evidence, along with his underlying premise that integration is the responsibility of the newcomer. His characters all largely assert this, with the anecdotes selected to buttress his arguments, with limited examples of the more nuanced approach to integration.

In reality, there is a more complex dynamic of integration and accommodation, whereby wider society also plays a significant role in how it adjusts to the needs and requirements of newcomers, within the general framework of Canadian law.

A large part of the relative success of Canadian immigration, citizenship, and multiculturalism policies reflects this integration and accommodation dynamic. Canadian society adapts over time as its diversity changes. Integration is not one-way but multi-dimensional, as successive debates over what kinds of accommodation are reasonable and what are not illustrate.

There is an abundance of evidence, ranging from Statistics Canada, OECD and other international organizations, along with and public opinion research and election results, that indicates, overall, that Canada is remarkably successful compared to other countries in building an integrated society that recognizes the diversity of different groups, and one that most Canadians are comfortable with. A large part of this success reflects precisely our ability to be flexible and accommodate difference, allowing integration to take place over time, but within the overall Canadian constitutional and legal framework.

Anecdotal evidence suggests that ‘political correctness’ and a ‘reluctance to confront’ can be seen as civility and that the alternative, as seen in the recent Canadian election (e.g., the wedge politics of the niqab), the USA (e.g., the Republican primary) and Europe is neither helpful to integration and belonging. And while a preference for a more Cartesian approach to accommodation issues may be seductive given greater clarity, society evolves with time, and the more ad hoc approach of (English) Canada has arguably proven more effective.

This is not to say that Canada is without challenges, whether it be with respect to the persistence of poorer economic outcomes, finding the right balance between integration and accommodation, or the declining rate of citizenship.

But given this, where does Higham end up on citizenship rights and responsibilities for newcomers?

  1. Be mindful of what wasn’t working when you left home – emigrated – and also remember why you chose to come to Canada. Many newcomers probably arrive here with valuable citizenship lessons for us all.
  2. Exercise civility … even towards the ‘others’ in your community. You should also find that there are many fewer ‘others’ around you once you join the ‘otherness community.’
  3. Civics … we need your engagement and investment in our democratic processes and institutions. They are our default complaint-management mechanism.
  4. Strive for low maintenance citizen status, especially, but not only, with respect to government and community-funded, social-support programs.
  5. Build trust amongst citizens, all citizens. Always talk to strangers. Seek to minimize ‘transaction costs.’
  6. Be sensitive to the package of those obvious un-Canadian transgressions. Know what kinds of things it is best to avoid.
  7. At home, be alert to your responsibility to respect and protect each of your family members’ rights. You will have to both monitor and coach the youngsters in your entourage.
  8. Accept that there are limits to the capacity of your community to accommodate new expressions of values, beliefs and traditions. Expect to have to make adjustments of your own in order for you and your family to develop and to prosper.

To Higham’s credit, these are expressed with respect, modelling how one can overcome the ‘reluctance to confront’ in a manner that encourages dialogue rather than shutting it down.

But it does beg the question: how would one construct such a list that applies to all, both old and new Canadians? My take, drawing on Higham’s list, suggests that this is not difficult:

  1. Be mindful of what wasn’t working when you or your ancestors left the country of origin and chose to come to Canada.
  2. Exercise civility towards all, whether new or old Canadians, whether from one’s ethnic or religious group or not, whether male or female, whether gay, straight or transgendered, etc.
  3. Engage and participate actively in wider Canadian political life and debates, not just ones of immediate interest to you.
  4. Our social safety net is to be used when needed, not abused.
  5. Be trustful of others and forgiving of misunderstandings.
  6. Be understanding of others and their sensitivities, whether cultural, religious or other. Accommodate where feasible and treat accommodation requests with respect.
  7. Be mindful of one’s biases and prejudices before acting or opining.
  8. Apply these in the home, workplace and wider society.

Returning to a theme that I have explored in my own writings, the relative strengths and weaknesses of evidence and anecdote, I think it important to underline that while both have their place in terms of policy development, assertions and anecdotes are invariably more susceptible to bias and ideology.

Evidence may not be bias-free — how one chooses which evidence to cite and how one constructs an evidence-based narrative — but is more constrained than relying on pure anecdote. With Ottawa returning (thankfully) to more evidence-based policy making, public servants nevertheless must be mindful of the risks of such bias in their choice of evidence, particularly since it may be less challenged by the political level.

I encourage those interested in citizenship and multiculturalism issues to read Higham’s book for his modelling of respectful dialogue. But I would also encourage all to consider how to frame such discussions in a manner that includes old and new Canadians alike, and offer my list above to continue the conversation.

—

A slightly condensed version of this article appeared here: Integration Not Sole Responsibility of Newcomers – New Canadian Media

Restoration of the Court Challenges Program

Another one of the mandate letter commitments of interest, noted by Jeff Sallot writing on the challenges the Liberal government has in reversing the previous government’s approach to the courts (it used to be administered by the Human Rights program at Canadian Heritage, part of the then Multiculturalism and Human Rights Directorate when I was there):

Trudeau’s mandate letter to Wilson-Raybould suggests that shameful foot-dragging by government lawyers will no longer be part of the federal government’s litigation strategy.

The minister’s mandate goes even further. She’s been told to work with Heritage Minister Mélanie Joly on restoring a “modern Court Challenges Program.” The last version of this program was killed by the Harper government in 2006. It provided financial assistance to people and groups who had what looked like legitimate beefs with the government involving equality rights.

Program officials were independent and worked at arms’-length from the government. They looked for cases that raised important questions about rights and public policies so that the courts could render judgment and provide guidance on how the Charter should be interpreted in similar circumstances down the road.

Many of the earliest rights cases, including gender equality cases, might never have made it through the courts without the financial assistance of the Court Challenges Program. And we would all be the poorer for it.

How Harper tied the courts in knots — and what Trudeau should do about it