Canadian Bar Association letter to CIC Minister Alexander

Minister Alexander sharply criticized those opposing Bill C-24 Citizenship Act revisions (Alexander blasts critics of immigration bill as C-24 goes to second reading):

“It is shameful that activist immigration lawyers, who never miss an opportunity to criticize our governments citizenship and immigration reforms, are attempting to drum up business by promoting the interests of convicted terrorists and serious criminals over the safety and security of Canadians.”

In response, the CBA wrote a reasoned response:

Government is entitled to disagree, even forcefully, to criticism. However, we should all engage in public debate in a respectful manner with a view to providing Canadians with the best legal system we can. Attacking stakeholders simply because they bring dissenting perspectives and adverse evidence on government initiatives is corrosive of Canada’s democracy. Contrary ideas are the lifeblood of democratic societies. It is through dialogue that concepts are tested in the “marketplace of ideas,” common understandings or assumptions are challenged, and governments and citizens are encouraged to think differently.

Governments should welcome the exchange of ideas and perspectives, not seek to undermine it, even if its contents are not always embraced. Your recent comments could have the effect of undermining that exchange and the integrity of stakeholders. They move beyond the substance of the CBA Section submission and seek to undermine the credibility of individuals who put their ideas forward in a good faith effort to improve the Bill. That devalues the process and erroneously implies nefarious motives to the CBA’s submissions.

Bill C-24 was introduced without a robust consultation of key stakeholders, including the CBA Section. We would welcome more opportunities to provide early feedback on your government’s initiatives before they are published, to ensure they contribute to the continuous improvement to Canada’s system of citizenship and immigration. Early and meaningful consultations would have the added benefit of potentially averting costly and unnecessary legal challenges.

Download Bill-C-24-Letter

C-24 Citizenship Act Committee Hearings – 30 April

Good overview by CBC and iPolitics on yesterday’s C-24 hearings. Apart from Martin Collacott of the Centre for Immigration Policy Reform, all other testimony expressed serious concern over the proposed revocation provisions, both on process (how the decision is taken) and substance (should we treat single and dual nationals different, is banishment appropriate?).

Naturally enough, the likelihood or not of the proposed approach being in compliance with the Constitution and Charter was raised again. Minister Alexander on Monday stated that the Bill is in “complete conformity with the requirements of our constitution” (the Government does not release internal legal opinions which are exempt under ATIP). Given the Government’s track record on recent SCC high-profile cases, and any number of other cases, not sure whether Minister Alexander’s certainty is well-placed.

Collacott’s rationale on supporting revocation provisions:

“A survey in 2012 found that eight out of 10 people…agreed that Canadians found guilty of treason or terrorism should lose their citizenship, he said, then mentioned an Ipsos Reid poll from several years earlier that reached a similar conclusion.

“Of course if we started taking away citizenship from every Canadian who was charged with a terrorism act — say, in Russia for activities in Ukraine or a lot of other places — we would have a problem. But I don’t think that’s what the bill’s aimed at. And I don’t think the bill will be misused for that purpose.”

While Collacott is correct on public opinion, having faith in the bill not being misused does not excuse the risks of overly broad drafting, even if one accepts the principle. David Matas of B’nai Brith made the point in noting that “terrorism offence” the term used in the Bill, should be narrowed to “act of terrorism”.

Citizenship has its privileges: committee debates terms of revocation (iPolitics)

Citizenship changes ‘likely unconstitutional,’ lawyers warn (CBC)

David Berger, former Liberal MP and Ambassador to Israel, focuses more on the increased residency and related requirements, arguing:

These measures are counter-productive in the 21st century when people arguably are our most important asset and we should help all of our residents to develop to their fullest potential. Immigrants are particularly critical for Canada, because they account for 67 per cent of our annual population growth.

The removal of flexibility is also out of step with an increasingly globalized economy in which immigrants can contribute to our economy and society through their activities abroad. It also contradicts the goal of the government’s highly touted startup visa which according to Employment Minister Jason Kenney aims to attract the next Steve Jobs or Bill Gates. Immigrants admitted under this program can fully be expected to spend considerable time outside Canada if they are building the next Apple Computer or Microsoft.

Citizen should encourage citizenship

Links to briefs:

Canadian Bar Association

Canadian Association of Refugee Lawyers

B’nai Brith

Centre for Immigration Policy Reform (not yet posted)

Video of 28 April First Session