Immigration rules that jeopardized Russian activist’s citizenship bid need fixing, experts say – CBC.ca

Would be nice to know if this is an isolated case or part of a broader pattern. Could likely be addressed through an operational bulletin:

….While her supporters applauded the eventual outcome, experts and advocates — including a Russian opposition politician convicted under the same law — say Canada must clarify its immigration rules to avoid making the same mistake again.

“This is a shocking case. It’s a clear miscarriage of justice,” said Matthew Light, and associate professor of criminology and European studies at the University of Toronto, in an interview before Miller’s intervention.

“I can only assume it arose through a very basic misunderstanding of the nature of the Russian political system and the law in question, which is … a blatant attempt to silence opposition to the war in Ukraine.”

Light said the law has had a “dramatic” effect in Russia, where thousands have been arrested for allegedly discrediting the “special military operation” in Ukraine.

Now, Light said, the Kremlin appears to be taking aim at Russians who have fled.

“I think the fact that the sentence that was handed down in this [case] was so extreme indicates that the Russian government sees it as important to them to send a message to Russian citizens abroad that they can be found and that they can be in trouble with their [adopted country’s] government if they speak out against the war.”

Light believes the intent of the Russian law is “perfectly clear” and said it’s astounding that Canadian immigration officials failed to recognize it for what it is.

“The part about this case that’s so unbelievable is that anybody in the Canadian government would believe that this is a proper law,” he said, likening it to a Canadian citizen being imprisoned for criticizing the war in Afghanistan.

“It’s really that simple. This is somebody who’s criticizing a policy of their government, in this case the invasion of Ukraine, and being punished for that.”

Wesley Wark, senior fellow at the Centre for International Governance Innovation and an expert on national security and intelligence issues, called Kartasheva’s case extraordinary for its “sheer absurdity.”

He was also interviewed before the minister’s intervention.

“It’s really a kind of Kafkaesque situation that this person has been thrust in,” said Wark, who attempted to intervene with senior government officials on Kartasheva’s behalf and said her predicament reminded him of another case in which he was involved.

He said Russia might even seize upon the gaffe for its own propaganda purposes.

“In a broader perspective, it does bring … the conduct of the Canadian government into disrepute,” Wark said. “On every level — in terms of international relations, in terms of application of the law, in terms of what I call bureaucratic turpitude, reputation impact on the individual in question — it’s just so wrong.”

Wark suspects Kartasheva’s application became bogged down on the desk of a junior official who was operating strictly by the book, but said that doesn’t make the government’s handling of it any less egregious.

“The very idea that we would even for a moment contemplate looking for an equivalent to a Russian criminal sanction that is politically motivated and designed to stamp out dissent … just strikes me as absurd,” he said.

Source: Immigration rules that jeopardized Russian activist’s citizenship bid need fixing, experts say – CBC.ca

Canada backtracks on citizenship review for Russian antiwar activist

Expected and good quick correction (following media coverage). Hopefully others aren’t in similar situations:

A Russian antiwar activist living in Ottawa has been granted Canadian citizenship after all, despite a conviction in Russia that threatened to disqualify her.

Maria Kartasheva, 30, has lived in Ottawa since 2019.

She was convicted under a Russian law passed shortly after the full-scale invasion in of Ukraine in February 2022. The law prohibits “public dissemination of deliberately false information about the use of the Armed Forces of the Russian Federation.”

….

On Tuesday afternoon, Canadian Minister of Immigration, Refugees and Citizenship Marc Miller said in a social media post that Kartasheva “will not face deportation and has been invited to become a Canadian citizen.”

“Canada’s citizenship eligibility rules are designed to catch criminals, not to suppress or punish legitimate political dissent,” wrote a post from his account on X.

Source: Canada backtracks on citizenship review for Russian antiwar activist

Russian antiwar activist could lose Canadian citizenship bid over conviction abroad – CBC.ca

Appears to be a case of operational staff ignoring or not considering the context and expect that CBC coverage will provoke a needed rethink. Makes no sense and would be curious to know whether this is an isolated instance or being applied more broadly to similar cases.

From a process point of view, Kartasheva flagged this conviction in writing as part of her application and thus no misrepresentation. Why IRCC missed this, only to notice at the ceremony, reflects sloppiness at best. Should have been addressed before rather than this humiliating treatment of Kartasheva and, more broadly, of IRCC’s processing:

A critic of the Kremlin could be barred from obtaining Canadian citizenship because she has to prove to immigration officials here that it isn’t a crime in Canada to criticize the Russian army.

Maria Kartasheva, who has lived in Ottawa since 2019, has been convicted under a Russian law passed shortly after the invasion of Ukraine which bars “public dissemination of deliberately false information about the use of the Armed Forces of the Russian Federation.”

Kartasheva says she was surprised Russian prosecutors pursued her over two blog posts she wrote while living in Ontario.

But what was most jawdropping for the 30-year-old was when a Canadian officiant motioned for her to step aside in the middle of her citizenship ceremony last spring, just moments before she was supposed to swear her allegiance to the Crown.

“I felt betrayed because I was hoping I was safe here in Canada,” said Kartasheva, who’s a tech worker in the national capital.

Under Canadian immigration rules, if an applicant is charged with a crime in another country that could be indictable under Canada’s Criminal Code, their application can be revoked or refused. …

Source: Russian antiwar activist could lose Canadian citizenship bid over conviction abroad – CBC.ca