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

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.

Live-in caregivers may be next target of immigration reform

Further to the Douglas Todd overview (Live-in Caregiver Program faces nine questions), a sense that something is brewing. Expect the politics will be such that this will be post-election (in addition to the Filipino community, families that employ live-in caregivers are another constituency that would be affected):

Internal documents show the Canadian embassy in Manila has been alerting colleagues since at least 2007 that fraud was an “ongoing problem” in the program and the absence of mothers was proving disruptive to families left behind in the Philippines, “causing infidelity, etc.” Similar warnings were repeated in a 2011 report by Citizenship and Immigration, which noted that large percentages of nannies are brought in to work for relatives.

Live-in caregivers come to Canada through the temporary foreign worker program, but when Ottawa announced major changes last week, the caregiver component – as well as the rules for agricultural workers – was largely unchanged.

Vancouver immigration lawyer Richard Kurland, who has obtained extensive internal reports on the program via Access to Information, predicts Ottawa will announce this fall that it is phasing out the program.

“It’ll be sensitive because of October, 2015,” said Mr. Kurland, in reference to the impact it will have on Canada’s Filipino community ahead of next year’s federal election.“It is going to be politically controversial within that particular community,” he said, noting that Canada’s Filipino community tends to live in hotly contested swing ridings. Hong Kong and Manila are the top two Canadian missions in terms of approving live-in caregivers. Mr. Kurland notes that internal documents show many of the workers approved in Hong Kong are originally from the Philippines.

Live-in caregivers may be next target of immigration reform – The Globe and Mail.

Government welcomes Royal Assent of Bill C-24, Civil Liberties Groups Plan Legal Challenge

Key messages from the CIC’s Press Release:

Improving efficiency

Canada’s citizenship program is being improved by reducing the decision-making process from three steps to one. It is expected that, by 2015–2016, this change will bring the average processing time for citizenship applications down to under a year. It is also projected that by 2015-2016, the current backlog will be reduced by more than 80 percent.

Reinforcing the value of Canadian citizenship

The government is ensuring citizenship applicants maintain strong ties to Canada. These amendments to the Citizenship Act provide a clearer indication that the “residence” period to qualify for citizenship in fact requires physical presence in Canada.

More applicants will now be required to meet language requirements and pass a knowledge test to ensure that new citizens are better prepared to fully participate in Canadian society. New provisions will also help individuals with strong ties to Canada, such as by automatically extending citizenship to additional “Lost Canadians” who were born before 1947 as well as to their children born in the first generation outside Canada.

Cracking down on citizenship fraud

The updated Citizenship Act includes stronger penalties for fraud and misrepresentation a maximum fine of $100,000 and/or five years in prison and expands the grounds to bar an application for citizenship to include foreign criminality, which will help improve program integrity.

Protecting and promoting Canada’s interests and values

Finally, the amendments bring Canada in line with most of our peer countries, by providing that citizenship can be revoked from dual nationals who are convicted of serious crimes such as terrorism, high treason and spying offences depending on the sentence received or who take up arms against Canada. Permanent residents who commit these acts will be barred from citizenship.

As a way of recognizing the important contributions of those who serve Canada in uniform, permanent residents who are members of the Canadian Armed Forces will have quicker access to Canadian citizenship. The Act also stipulates that children born to Canadian parents serving abroad as servants of the Crown are able to pass on Canadian citizenship to children they have or adopt outside Canada.

Government welcomes Royal Assent of Bill C-24 – Canada News Centre.

And the press release from the Canadian Association Of Refugee Lawyers and British Columbia Civil Liberties Association (BCCLA):

Bill C-24, introducing sweeping changes to Canada’s citizenship laws that make citizenship harder to get and easier to lose, has passed through the House of Commons and is now being considered by the Senate.  CARL, BCCLA and Amnesty International take the position that this proposed law has dramatically negative effects on Canadian citizenship, eliminating equal citizenship rights for all, and violates the Charter of Rights and Freedoms as well as international human rights. According to the organizations, the new law will take away rights from countless Canadians, creating a two-tier citizenship regime that discriminates against dual nationals and naturalized citizens.

“This proposed law would allow certain Canadians to be stripped of citizenship that was validly obtained by birth or by naturalization. We think that is unconstitutional, and we intend to challenge this law if it is passed,” said Lorne Waldman, President of the Canadian Association of Refugee Lawyers. “We have presented our arguments to the House of Commons and to the Senate, in an attempt to get them to change or stop this Bill. But the government hasn’t listened, it refuses to amend the bill, and we feel we will have little choice but to challenge it in the courts.” …

“The ‘Strengthening Canadian Citizenship Act’ does exactly the opposite of what the title proclaims. It makes citizenship less secure,” said Josh Paterson, Executive Director of the BC Civil Liberties Association. “In Canada, lawfully-obtained citizenship has always been permanent – once a Canadian, always a Canadian – and all Canadians have always had equal citizenship rights. This bill turns the whole idea of being Canadian upside-down, so that the Canadian citizenship of some people will be worth less than the Canadian citizenship of others. That is wrong, and it must be challenged.”

PRESS RELEASE: New citizenship law will be challenged on constitutional grounds, if passed, say rights groups

In case you missed it, my assessment, The new citizenship act is efficient. Is it fair?

Conservatives’ downfall could be Stephen Harper’s dismissive tone: Walkom

Interesting choice of Minister Alexander as example:

Tone is something different.

What may eventually defeat Harper is that his government appears mean-spirited. It doesn’t just disagree with its critics. It mercilessly derides them.

Take, for example, Immigration Minister Chris Alexander’s defence of the government’s new citizenship bill. This sweeping bill would allow the government to revoke the Canadian citizenship of dual nationals deemed by the government to have acted against the national interest.

As such, it would include in its purview not only many new immigrants but those native-born Canadians who, through no action of their own, still hold the nationality of their parents. The Canadian-born child of an Egyptian-father, for instance, is automatically accorded Egyptian citizenship by the authorities in Cairo.

The Canadian Bar Association has called the proposed revocation provision “unfair and discriminatory.” Toronto lawyer Rocco Galati makes a convincing argument that it is also unconstitutional.Alexander’s substantive response has been that many other NATO countries reserve the right to revoke citizenship from the native-born.

But what has stood out is the minister’s take-no-prisoners tone. In the Commons, he called the Canadian Bar Association’s well-argued critique “hopelessly misguided.”

And when opposition MPs queried the bill, his response was to call into question former prime minister Pierre Trudeau, who, he said, had eliminated treason as grounds for citizenship revocation “at a time when the Liberal Party was playing footsie with Moscow.”

Conservatives’ downfall could be Stephen Harper’s dismissive tone: Walkom | Toronto Star.

C-24 Citizenship Act – Senate Hearing 12 June with Minister Alexander

Coverage of yesterday’s Senate hearings on C-24 with Minister Alexander and officials:

Alexander and his officials attempted to clarify what would happen to Canadian-born dual citizens convicted here or abroad of serious terrorism, treason or espionage offences that carry a penalty of five years or more. He stressed a convicted offender wouldn’t have to worry if he didn’t hold dual citizenship.

Toronto lawyer Rocco Galati says countries like Iran recognize as its citizens people who are born “five generations out” whether they want to be its citizens or not.

Alexander said: “There is a way of renouncing every citizenship. No one in our country can be forced to be a citizen of any country. And under the laws of Canada, citizenship can be renounced, either ours or those of other countries.”

“That might not resolve a difference of opinion with Tehran or other capitals who consider someone to be a citizen. But in our eyes,” Alexander said, the individual would be — as a Conservative senator suggested — assumed to be a citizen of Canada not subject to revocation of their Canadian passport.

Tories insist changes to Citizenship Act will respect Charter, Constitution | Toronto Star.

From the Globe:

The bill will also require citizenship applicants to declare an “intent to reside” in Canada, another controversial move. Along with boosted penalties for fraud, it raised fears people would be stripped of citizenship for leaving the country. “The government should be encouraging citizenship, not discouraging it. Amend this bill and remove the ‘intention’ clause,” Barbara Caruso, another member of the CBA’s Immigration Law Section, told senators.

Mr. Alexander said flatly that would not happen. “There’s no requirement for a citizen of Canada to remain physically in Canada, once granted in citizenship,” he said.

Liberal Senator Art Eggleton said the bill does allow for a court hearing for people who object to losing their citizenship. The power is in the hands of the minister. Mr. Alexander earlier said there is a de facto appeal right. “Anyone can go to the federal court if they think the government has not fulfilled its statutory mandates. And they do go,” he told The Globe.

 Minister Chris Alexander under fire as citizenship bill poised to pass 

Some points of interest:

  • Efforts by the Minister to clarify the informal nature of Canadian citizenship prior to the first Citizenship Act of 1947 in response to Melynda Jarratt and Don Chapman’s arguments that Canadian citizenship had more formal status before 1947;
  • “Canadians would be sick to stomach if they knew the extent of fraud,” stated Alexander, which would be addressed through physical residency, filing tax returns etc. He cited immigration lawyer Raj Sharma on the “rampant fraud” and how people would “lie, cheat and steal” to get a Canadian passport;
  • Alexander started to go down the path of criticizing the Liberals, NDP and the “small fringe group” of the CBA. “No one else” was challenging C-24, other lawyers “were embarrassed” by the CBA position. The Liberals didn’t “enforce the rules.” Why did they “spend so much time protecting the rights of those committing the most serious violations of rule of law.”
  • Chair reminded him and others to avoid partisan attacks.
  • Alexander stuck to the bureaucratic distinction between time spent as a temporary and permanent resident, defending the elimination of partly counting pre-P.R. time towards citizenship. Hard to understand given that many comparative countries do allow this, and given the Government’s efforts to encourage international students to settle in Canada;
  • On intent to reside, Alexander reiterated again that it only applies to the application period. Once citizenship is granted, it is no longer in force. CIC DG Citizenship and Multiculturalism Nicole Girard stated that intent to reside has to be read within the larger context of requirements to become a citizen, not post-citizenship. Senator Cordy was “still uncomfortable” despite these assurances. Alexander was not pressed to clarity whether it could be used to revoke citizenship in case of misrepresentation during that period;
  • On revocation, Girard walked through the various tests that would apply:
    • was the person a dual citizen?
    • if convicted abroad, was the offence equivalent to a Canadian offence?
    • was the sentence 5 years or more?
    • were there concerns with the process or independence of the judiciary?
    • In witness testimony, even witnesses supporting the Government (CIJA, FDD) noted the need for an explicit reference in the Act to the last test (equivalency of process). Not clear why the Government not accepting that.
  • Alexander glossed over the distinction between seeking leave before the Federal Court and having judicial review and was not pressed on that point. He also was not challenged on the question of oral hearings “Minister has authority to hold a hearing,” confirming the default of a paper process.
  • Citizenship judges would have more time for citizenship promotion, given that officials would be the decision makers, except for difficult cases such as those involving residency.
  • Alexander, in response to criticism of a harder and more costly process, stated “the higher the bar, the more attractive citizenship becomes.” Past experience with the more rigorous language and knowledge requirements had not resulted in fewer citizenship applications and lower rates of naturalization.

Chris Alexander says citizenship bill will withstand constitutional test

The Senate hearings on C-24 were more of a sideshow to this spirited exchange on Power and Politics.

In an interview on CBC News Networks Power & Politics on Tuesday, Alexander said the challenge “doesn’t have much of a hope.”

“There is no constitutional issue here,” he told host Evan Solomon.

Bill C-24 would give the government powers to strip Canadian citizenship from dual nationals “who were members of an armed force or an organized armed group engaged in armed conflict in Canada.” Citizenship would also be revoked from dual nationals who have been “convicted of terrorism, high treason, or spying offences.”

Toronto lawyer Rocco Galati warned MPs, senators and the Governor General, in separate letters sent on Monday, not to pass Bill C-24 until the government referred a key provision of the bill to the Supreme Court for a legal opinion.

At the heart of Galatis challenge are provisions contained in the citizenship bill that would strip dual nationals of their citizenship and bar them from reacquiring it.

Galati said he would apply for a judicial review with the Federal Court if he did not receive a response from the Governor General by Monday.

Galati, who also appeared on CBC News Networks Power & Politics Tuesday, said the federal government does not have the power to remove the citizenship of persons born in Canada.

“They are acting completely outside of the Constitution in a renegade, reckless and flagrant manner. And they know it,” Galati said.

Revoking the citizenship of dual nationals is “offensive,” “unconstitutional” and simply “beyond the governments authority,” he argued.

… Alexander noted that Galati represented a relative of former Guantanamo Bay detainee Omar Khadr, who is now serving a sentence of eight years behind bars in Canada after pleading guilty to five war crimes.”

He also defended, a senior member, the patriarch of the Khadr family, who was a senior member of al-Qaeda,” Alexander said.

Galati once represented Khadrs older brother, Abdurahman Khadr, who was held for a time as an enemy combatant at Guantanamo Bay.

“His objection here seems to be to the idea that committing an act of terrorism, treason, or espionage says anything about your qualifications to be a Canadian citizen. We think it does,” Alexander said.

… The Canadian Bar Association has also raised “serious concerns” with the citizenship bill.

In a 30-page submission to Parliament in April, the Bar Association said the citizenship bill raised “serious human rights concerns” and key provisions in the bill were “likely unconstitutional.”​

Alexander said the concerns came from “a small section” of the Bar Association and did not represent the views of Canadians.

Galati’s has a narrower challenge than the criticism of the substantial majority of lawyers testifying before the Commons and Senate committees that revocation for dual nationals is not Charter compliant.

Galati’s case pertains to dual nationals who were born in Canada, not those who immigrated to Canada, either as children or adults, and became naturalized.

Alexander is getting quite good at Poilievre-type slurs, rather than more positive messaging on the merits of the Bill.

Chris Alexander says citizenship bill will withstand constitutional test – Politics – CBC News.

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

Canada’s young men joining foreign jihad: Are we doing enough to stop it?

More on home-grown radicalization and extremism (see Suicide bomber killed in Iraq part of wider jihadi base in Calgary):

Mahdi Qasqas, a Calgary Muslim youth leader and psychologist, says early intervention is key to preventing young men from going overseas to kill themselves and others.

“If a mother calls and says, ‘My son needs help,’ how will I look at it? Criminal perspective? Call the police. Risk to self-harm? We have to admit to hospital,” Qasqas said. “If she says, ‘Look, I’m seeing some warning signs.’ If your child listen to other people more than you? Then it’s time to connect him to a mentor.”

A prominent Calgary imam, Sayed Soharwardy, told CBC News he strongly believes that increased radicalization of young local men is happening at a “faster pace now” than a decade ago. He wonders why more potential jihadis have not been stopped at airports before even stepping foot on a battlefield.

“I am convinced that the intelligence people know who is recruiting, who is going overseas, who is fighting there,” the cleric said. “If they do not know every one of them, they know some of them.” …

In Ottawa on Wednesday, Minister of Citizenship and Immigration Chris Alexander offered a warning to potential violent extremists.

“If you’re a dual national and you commit an act of terrorism in Canada or abroad, you will lose your Canadian citizenship,” he said.

Whether that will be enough of a deterrent is hard to know.

Canada’s young men joining foreign jihad: Are we doing enough to stop it? – Canada – CBC News.

And in Europe, following the terrorist attack on the Jewish Museum in Brussels by a young radicalized Muslim who had fought in Syria, a new initiative to identify  and prevent potential jihadists.

Looks a bit like the RCMP initiative here in Canada (RCMP set to tackle extremism at home with program to curb radicalization of Canadian youth) but as the above article indicates, some are arguing that this is not enough:

Une série de mesures pour la « détection, la prévention et la dissuasion » ont été retenues au cours d’une réunion entre les ministres de l’Intérieur de neuf pays — Belgique, France, Allemagne, Royaume-Uni, Espagne, Italie, Danemark, Suède et Autriche — spécialement consacrée à cette menace djihadiste, en marge d’une réunion avec leurs homologues des autres pays de l’UE à Luxembourg.

L’UE va s’attaquer aux réseaux de recrutement de djihadistes | Le Devoir.

 

Conservatives defend suppression of debate over controversial citizenship bill

Never heard this explanation before regarding time allocation (limiting debate). Chutzpah, but not unique to this Minister and this Bill:

… Citizenship and Immigration Minister Christopher Alexander defended the motion, saying it should be seen as a benefit:”

It is not – as the Opposition suggests – used to limit debate, but to create certainty…it also helps the media, improving their ability to inform the public. Time allocation should be regarded as a scheduling device,” Alexander said, through his spokesperson, Codie Taylor.

Taylor criticized ongoing debate on the bill as “continued attempts by the Opposition to delay and obstruct important bills such as Bill C-24” and insisted that the NDP and Liberal Party “end their partisan attempts” to delay the passage of the bill, which was introduced in February and debated for a few hours since.

During the debate, Alexander insisted quick passage of the bill would end the suffering of “tens of thousands of permanent residents” who wish to become citizens.

Conservatives defend suppression of debate over controversial citizenship bill | Vancouver Observer.

Alexander blasts critics of immigration bill as C-24 goes to second reading

On the eve of Second Reading of C-24 Citizenship Act revisions, a broadside by Minister Alexander against the critics of the Bill.

Not quite in the Pierre Polievre school of how to promote your Bill, but quite remarkable given Alexander’s previous career as a diplomat where language was more nuanced, to say the least (see Konrad Yakabuski’s earlier profile Chris Alexander balances his portfolio and power).

Always unfortunate when a Minister feels more comfortable attacking those opposed to legislation as hypocrites, rather than arguing the merits of the Bill.

But the opposition also has some responsibility. While active in Committee, there is by no means the same focussed attention on C-24 as there was for Bill C-23 (elections), C-13 (cyberbullying and surveillance) and the ongoing Temporary Foreign Workers controversy. Opposition parties also make choices on how hard to push issues on both policy and political grounds. Their calculation appears to favour more pro-forma opposition, albeit based upon legitimate concerns over some aspects of the Bill, rather than a more high profile effort. Unless I have missed it, have not heard either opposition leader say much on C-24:

Immigration Minister Chris Alexander is accusing the opposition of “folly and hypocrisy” as the government prepares to shepherd its controversial citizenship bill over its next legislative hurdle.

“Both the Liberals and the NDP remain offside with Canadians who recognize the immense value of Canadian citizenship and the importance of protecting its integrity,” Alexander said in a statement.

“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.”

As to the “drumming up business” line, all of those supporting or opposing the Bill do so from their perspective, values and interests. This does not necessarily diminish the value of their comments, for or against.

And while some elements of C-24 may “reduce the business” for immigration and refugee lawyers (i.e., revocation for fraud at Ministerial discretion, rather than the courts), other may “drum up business”  (i.e., revocation for terror and treason). Somewhat ironic to say the least.

Last night’s somewhat perfunctory Parliamentary debate at Second Reading allows C-24 to proceed to a vote today.

We will see how the next stages proceed and whether the Government will consider any changes to the Bill (some C-24 supporters recommended some process changes). In any case, the Bill will make it through by the summer recess.

Alexander blasts critics of immigration bill as C-24 goes to second reading.