European court upholds French ban on face veils

2014/07/03 Leave a comment

Gives European governments wide latitude, arguably overly so:

The courts Grand Chamber rejected the arguments of the French woman in her mid-20s, a practicing Muslim not identified by name. She said she doesn’t hide her face at all times, but when she does it is to be at peace with her faith, her culture and convictions. She stressed in her complaint that no one, including her husband, forced her to conceal her face – something of particular concern to French authorities.

The court ruled that the laws bid to promote harmony in a diverse population is legitimate and doesn’t breach the European Convention on Human Rights.

Critics of the ban, including human rights defenders, contend the law targets Muslims and stigmatizes Islam. France has the largest Muslim population in Western Europe, estimated at five million, making the issue particularly sensitive.

Under the law, women who cover their faces can be fined up to 150 euros $205 or be obliged to attend a citizenship class, or both.

When enacted, the law was seen as a security measure, with veiled women considered fundamentalists and potential candidates for extremist views. Another concern was respect for the French model of integration in which people of different origins are expected to assimilate.

The court concluded the ban is a “choice of society,” giving France a wide margin of appreciation – all the more so because there is no common ground in Europe on the issue. Only a minority of countries ban face veils.

AP News : European court upholds French ban on face veils.

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UK: Multiculturalism in reverse as teenagers buck the trend towards integration

2014/07/03 Leave a comment

Surprising UK study:

Decades of efforts to promote multiculturalism have gone into reverse, major new research showing teenagers are no more likely to mix with people from other racial backgrounds than those 40 years older suggests.

The study, which analyses the social lives of almost 4,300 people from 13 to 80, shows that a clear trend towards each successive generation becoming more integrated than the one before breaks down when it comes to under-18s.

Despite growing up in more diverse society than ever before at a time when mass migration has transformed the make-up of Britain, today’s teenagers have almost 30 per cent fewer friends from other ethnic backgrounds than people in their 20s and early 30s. ….

The fact that those between the ages of 18 and 34 are significantly more integrated than other age groups suggests that universities and colleges offer a more natural way of mixing people than schools or other social settings.

“This isn’t a report about telling people off,” he [Matthew Taylor, chief executive of the Royal Society of Arts, who chaired the commission] said.

“Lots of research shows that it is perfectly natural for birds of a feather to flock together.

“But what we would also say is that because we believe integration is a good thing and because Britain is becoming more diverse by ethnicity, age, income and social class we need to look at what steps we might take to overcome that natural tendency.

“None of the commissioners is going to be advocating wholesale social engineering or naming and shaming people but we think that there are things that can be done, things which people would be happy to do which would just give them that little nudge.

“The fact that it looks like colleges and universities are places that encourage integration better than schools is an indication that maybe there are things that we could so.”

Maybe it is a teenager thing given that the older cohort, whether in colleges and universities as mentioned, or in the workplace, seems to be mixing reasonably well.

Multiculturalism in reverse as teenagers buck the trend towards integration – Telegraph.

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ICYMI: Immigration experts say Bill C-24 discriminatory and weakens citizenship

2014/07/03 Leave a comment

Star overview on the impact of the changes in C-24 Citizenship Act changes from the perspective of the major critics of C-24. Would have been better to include some of the supporters as well for balance (e.g., Collacott, Saperia, Siddiqui):

He [Alexander] seems to relish the idea of rewriting what it is to be Canadian and to hold citizenship. “If there was a time when new Canadians made the mistake that we only had a peacekeeping tradition or our rights and freedoms began with the Charter, then I’m glad our reforms are broadening their perspective.”

Neither he nor the Conservative Party seem worried about the ongoing debate Bill C-24 has triggered across the nation. “This act reminds us where we come from and why citizenship has value,” said the minister. “When we take on the obligations of citizens we’re following in the footsteps of millions of people who came here and made outstanding contributions over centuries. And we are celebrating that diversity, solidifying the order and rule of law we have here; we’re committing ourselves to participate as citizens in the life of a very vibrant democracy.”

Immigration experts say Bill C-24 discriminatory and weakens citizenship | Toronto Star.

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Bill C-24 is wrong: There is only one kind of Canadian citizen – Globe Editorial

2014/07/02 Leave a comment

Globe’s Canada Day editorial:

Citizenship and Immigration Minister Chris Alexander has defended his bill by arguing citizenship is a privilege, not a right. He is wrong. It may come with responsibilities, but it is a right. And once legitimately acquired, by birth or naturalization, it cannot be taken away. Bill C-24 gives the government the kind of sweeping power that is common in dictatorships, not in a democracy built upon the rule of law, where all citizens are equal. The changes to the Citizenship Act erode those basic principles, creating a two-tier citizenship that dilutes what it means to be Canadian.

Bill C-24 is wrong: There is only one kind of Canadian citizen – The Globe and Mail.

Rick Salutin in the Star:

Why did they do it? Here’s my guess: It’s not enough for them to merely run Canada. They want to define it, and they don’t want any backchat. Some people need to be right, not just powerful. So they’ve turned citizenship into a privilege, not a right, and since someone has to grant a privilege, it’ll be them.

But here’s my biggest problem. I don’t think loyalty — in any particular version — should have a thing to do with citizenship. The democratic core of citizenship is you get to challenge the values of the moment and can’t be shut up. It’s a license to disagree and debate which direction your nation takes, no matter what the majority thinks. Is that unpatriotic? It depends on how you see things. For many patriots, not going along has been the essence of patriotism. I’d say put people in jail for life if you insist — but don’t touch their citizenship.

Hello, you must be going: government waters down Canadian citizenship: Salutin

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Canadian expatriates should never lose the right to vote

2014/07/02 6 Comments

The problem with Semra Sevi’s argumentation like that of others is that it relies on anecdotes and generalizations:

Canadians abroad are connected to global networks that Canada can benefit from. Instead of using derogative labels like “Canadians of convenience” or “Foreigners holding Canadian passports,” Canada needs to take a proactive approach to engage Canadians living abroad. People have many different reasons for moving away, and to label them as less Canadian for doing so is troublesome. There are many cases of Canadians studying in the United States who find work in the United Kingdom before coming back to Canada a decade later yet under the current system they would be disenfranchised after five years. Many of these Canadians working abroad do so for Canadian companies, yet these businesses are not facing the same dilemma as Canadians abroad.

Immigrants who decide to leave Canada for whatever reason and return to their native countries are not less Canadian as their compatriots who live in Canada. They may not be residing in the country but they are nevertheless subject to Canadian law and foreign policy decisions. Many of them actively retain connections to Canada. Questions like are expatriates “real” Canadians, is unconstitutional and un-Canadian in themselves. Canadians living abroad are significant global assets who deserve the same rights as those living in Canada. The world is as interconnected as ever, and is only becoming more so. Isolating citizens based on their current geographic placement, which is based on many factors, runs counter to the way the world operates in the twenty-first century.

The reality if varies by community, it varies by individual, and it varies by country of residence. My anecdotal experience with Canadian expatriates when I worked in the foreign service was mixed; some maintained a strong ongoing connection, others did not.

We do not have enough survey and other information to know, beyond the usual anecdotes, how many expatriates have a meaningful ongoing connection to Canada.

Generally speaking, the longer the time outside of Canada, the looser the bond as family, work and local connections become more meaningful.

I suspect if we applied the US approach of taxation based on citizenship, some of the enthusiasm for unlimited voting rights (no representation without taxation) would decrease.

Canadian expatriates should never lose the right to vote – The Globe and Mail.

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U of T prof still waiting for citizenship after three years | Toronto Star

2014/07/02 Leave a comment

An example of some of the problems in the citizenship program. C-24 streamlining will address some of these, but we will only know in 2016 when the backlog has been cleared and, more significantly, additional incremental funding ends:

Lemmens submitted his application to become a Canadian citizen in February 2011 after living and working in Canada since 1991. The native Belgian had come to Canada as a student. After completing his doctorate in 1997, he began teaching health law and bioethics at the University of Toronto — first through a joint appointment at the law faculty and the Centre for Addiction and Mental Health, and in 1999 just at the law faculty. Married to a Canadian, he had permanent resident status and didn’t immediately apply for Canadian citizenship.

He looked into it a couple of times but didn’t meet the residency requirement because he had been out of the country twice — once for a research leave and once for a sabbatical year. He was told he could be out of the country for only a maximum of 400 days out of four years. So he waited and counted.

When he finally applied for citizenship, he thought it would be a simple matter. But the process was difficult.

After preparing his initial application and writing his citizenship exam, he was required to fill out a very detailed questionnaire for which he had to piece together not only the exact dates he was out of Canada, but also where he stayed and the reason for his absences. He also was required to produce documentation showing home and family ties as well as employment and contributions to Canadian society.

This request surprised him.He has yet to be told why he was required to fill out an additional questionnaire or why his application has taken so long.He believes it may have something to do with the fact he was missing some entry stamps when he returned to Canada from journeys abroad. ….

Lemmens believes the government has purposely made the application process complicated and bureaucratic to discourage people from applying for Canadian citizenship.

“It’s really irritating and makes me think, if my file appears difficult to evaluate, how tough must it be for people from ‘suspect’ countries, or people who don’t necessarily have the same stable employment.”

U of T prof still waiting for citizenship after three years | Toronto Star.

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Citizenship law changes irk new Canadians | Toronto Sun

2014/07/02 Leave a comment

During C-24 Citizenship Act hearings, both opposition parties were arguing against the increased residency and related requirements. Seems that some new Canadians share these concerns.

Will be interesting to see if this becomes an issue in the 2015 election in the suburban new Canadian communities.

Manishkum Prajapati, his wife Ragini, and their daughter, Dharitri, 7, came to Canada from India in 2007. They were among those Monday who sat holding small Canadian flags as they were greeted by Citizenship and Immigration Minister Chris Alexander during a ceremony at Pearson International Airport.

Prajapati said his family came to Canada to “move forward” with their lives. And while he and Ragini are excited about their futures here, they worry others having a tougher time becoming citizens.

“Right now, it’s OK, it shouldn’t be made harder,” said Prajapati, an aircraft technician. “We think about them and … right now, it is safe, easy and convenient.”

Aber Abdelmessih, her husband, and their three daughters also became citizens on Monday. They came to Canada from Egypt

.“I’m very worried, this is very bad,” said Abdelmessih of the immigration law changes.

She insisted the new rule of having to be present in Canada a certain amount of time during the run-up to citizenship is unfair, as some would-be citizens need to travel back and forth to their countries of birth to see family.

Citizenship law changes irk new Canadians | Home | Toronto Sun.

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Reforms to bring neutrality to public service could lead to ‘government by the unelected’: think tank | Ottawa Citizen

2014/07/02 Leave a comment

More on the debate over the Canada 2020 by Ralph Heintzman, this time from  Maryantonett Flumian, who reminds us of the parameters of public servants:

Maryantonett Flumian, president of the institute, a think-tank devoted to public service issues, said a debate on the nature of governance is long overdue, but the answer to the trust gap between politicians and bureaucrats isn’t to isolate the public service and protect it from politics.

“That means Canadians would have a public service that no one wants. There is already an official opposition in this country and no one wants to be governed by the unelected. That is not the role of the public service,” she said. ….

She said deputy ministers are the “linchpins” between the government and the public service. They bridge the two worlds. They have to translate the prime minister’s agenda into action by the public service. Similarly, they explain the views of the public service to politicians.

Flumian argues the Clerk, not the Public Service Commission as recommended by Heintzman, is ideally positioned to select deputy ministers who have the capabilities, skills and personalities best-suited to work “this two-way relationship” with ministers.

She argues turning these appointments over to the Public Service Commission makes bureaucrats independent of their political masters and risks politicizing the public service.

“Who will become those linchpins?” Does the deputy minister role get taken over by the ministers’ chief of staff?” she asked.

“If senior public servants are cloistered priests and nuns who don’t speak to the outside world and who don’t think their jobs is to understand the governance from the party in power, through to the prime minister and cabinet, then who will do that bridging?

Flumian believes Canada needs a neutral public service so to can work with any party in power. As a result, public servants don’t have an “independent voice” and their advice must be given in confidence “because it is the government that has a positions on issues, not the public service,” she said.

She acknowledged public servants are obliged to act in the public interest but the public interest is determined by the government and public servants must implement its policies whether they like it or.

“Politicians are elected, not public servants and they get to set the ground rules and, as long as they are not breaking the law, they are boss. That is what democracy is. “

Reforms to bring neutrality to public service could lead to ‘government by the unelected’: think tank | Ottawa Citizen.

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Happy Canada Day – Bonne Fête du Canada

2014/07/01 Leave a comment

Canada Day Flag

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Case of Mohamed Fahmy shows failing of new citizenship rules | Macklin and Waldman

2014/06/30 Leave a comment

More from Macklin and Waldman on C-24 Citizenship Act revocation provisions and the possible implications for cases like Mohammed Fahmy’s, and the discretion it gives the Minister (Government has indicated they will not revoke Fahmy’s citizenship):

These cases are simply three examples that show why the new citizenship law has been condemned as fundamentally flawed and why several organizations have indicated they will challenge it under the Charter. The law will create two classes of citizens: dual citizens who are vulnerable to revocation and those who are not. But the bill is also problematic in other ways. Naturalized citizens unlike citizens by birth will not be able travel and live abroad for extended periods without fear of jeopardizing their citizenship. Other provisions will make citizenship more inaccessible to those who need it most — refugees.

Instead of listening to the legitimate concerns of those who criticized the legislation, the government attacked the messengers and impugned their motives. Undoubtedly the government thinks that this new law will be well received by its conservative base. We think that when most Canadians come to realize the implications of this new legislation they will reject it. Canada is a big country, but there is no room for second-class citizenship.

Case of Mohamed Fahmy shows failing of new citizenship rules | Toronto Star.

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