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Conservative Immigration Policy

PUBLICATION: GLOBE AND MAIL
IDN: 090980166
DATE: 2009.04.08
PAGE: A19
BYLINE: NATALIE BRENDER
SECTION: Comment
EDITION: Metro
DATELINE:
WORDS: 731
WORD COUNT: 772

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IMMIGRATION If we're going to talk citizenship, let's have a principled debate

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NATALIE BRENDER On April 17, a new law comes into effect changing the rules of citizenship.

From that date on, when foreign-born Canadians have children born abroad, those children cannot inherit Canadian citizenship. Under the current rules, such children do receive citizenship and can retain it as adults - even if they've never stepped foot in this country - by showing knowledge of Canada and ability to speak English or French.

The new law stems from the 2006 removal of 15,000 Canadian citizens from war in Lebanon, many of whom subsequently returned there. At the time, Stephen Harper's government condemned so-called citizens of convenience who use citizenship as insurance against turmoil in their home countries. The new law ensures that only one generation of emigrant Canadians will gain such "conveniences" in the future.

It seems this is not the only citizenship reform afoot. Citizenship and Immigration Minister Jason Kenney has recently made comments suggesting that further steps be taken to make citizenship more difficult to obtain.

At an event in Alberta last month, Mr. Kenney was asked about "birth tourists," who come to have their children in Canada so they can acquire citizenship. He said his department is considering how to prevent such people from abusing our generosity. He mentioned the estimated quarter of a million Canadian citizens living in Hong Kong and the 50,000 or more in Lebanon - and the current right of these citizens' great-grandchildren to become Canadian citizens - as further evidence of abuse. In another recent speech, Mr. Kenney suggested there be tighter enforcement of the existing rule that immigrants be able to speak an official language before being granted citizenship.

There are reasons to think Canada ought to change its citizenship policies in an age of accelerated global travel and migration - and lots of reasons for caution, too. But none of those reasons seemed to guide the actions of a government eager to score political points after Lebanon. A principled public discussion of the value and purpose of Canadian citizenship has yet to take place.

What would such a discussion look like? It would begin by acknowledging that many Canadians, native-born and immigrants alike, see our citizenship as instrumentally valuable in world of porous borders: It brings rights of entry, protection abroad and other social benefits. If this sounds opportunistic, the fact is that opportunism abounds on both sides. Successive governments have wooed talented and wealthy immigrants to choose Canada by offering easy access to citizenship's benefits. The bargain has been overwhelmingly successful for Canada, economically and socially. The presence of Canadian citizens abroad also helps Canada through the bilateral economic activity they generate, their nation-building efforts in developing countries and their informal status as goodwill ambassadors.

From this instrumental perspective, the new law may seem unjust and unwise. As immigrant advocates have noted, it renders foreign-born Canadians unequal to native-born ones in the capacity to pass citizenship to children born while parents are studying or working abroad. It is arguably a law unsuited to an age in which citizens often temporarily live abroad without losing ties to home.

From a non-instrumental political perspective, however, it may be that a healthy Canadian democracy does demand tighter citizenship rules. Migration scholar Rainer Bauboeck has proposed that democracies adopt a "stakeholder citizenship" criterion to define which people, regardless of where they live, have ongoing substantive ties to a self-governing political community.

Such a principle accords citizenship an intrinsic value as part of political freedom. It implies that conferring citizenship on extended generations born abroad, or to children born to parents temporarily in the country, works against the goal of ensuring that only those with a substantial interest in Canada's well-being gain citizenship's political rights.

But it isn't an either-or choice: Citizenship has both instrumental and intrinsic value for Canada and its people. That's why debates about citizenship law should be fraught with complexity - and why they do need to take place. When the government introduces further changes, it owes Canadians an account of the goals and values it aims to advance. Federal legislators must ensure that a full and principled debate on these topics happens before further citizenship laws are passed.

Natalie Brender is writing a book on Canadian citizenship in a globalized age. Former policy adviser to foreign affairs minister Bill Graham
 
^ I wonder if that policy would even survive a Charter challenge. It creates two classes of citizens...
 
I can see why Canadian citizenship is valuable.

I know for some people it was the difference between life and death in the 80's during the Emergency in Northern India.
 
^ I wonder if that policy would even survive a Charter challenge. It creates two classes of citizens...

I'll admit that I am a little suspicious of this policy. On the other hand I don't see what can be done. I had the opportunity to participate in the evacuation of Lebanon and it was a nightmare for the military (not in the least because we didn't have strategic lift assets but that's a different thread). The reality is there. Those 50k Lebanese Canadians will have grand kids who won't have any real attachment to this country but will demand that our soldiers risk their lives for them the next time there's a fracas in their neighbourhood. I find that to be an offensive thought. And Lebanon is not even the largest group of expat Canadians. We have some larger headaches in South and South-East Asia.

But on the other hand, I don't know how much this law will change things. Women will simply fly back to Canada to deliver and than fly home with the baby after that.

What really needs to be done is to attach a price for citizenship. The best example I can think of is the US. They require citizens regardless of where they live in the world to file taxes. Admittedly that might not do much, but at the margins I am sure it dissuades those who have no real commitment to the country from maintaining their citizenship.

As for the Charter challenge...it'll be interesting to see. The law does not violate any of your freedoms inside Canada. And the law does not guarantee freedom of mobility outside Canada. Indeed, the government has always been in its right to deny you freedom of mobility outside the country at its own prerogative. So it might survive a charter challenge. Of note, there is no proviso in the charter stating that discrimination on the grounds of place of birth is prohibited. So I am curious to see what in the Charter would be violated for anybody to challenge this law.
 
if you learned anything about Canadian law in the past 25 years, its that you can somehow twist the charter in your favour...
 
I'll admit that I am a little suspicious of this policy. On the other hand I don't see what can be done. I had the opportunity to participate in the evacuation of Lebanon and it was a nightmare for the military (not in the least because we didn't have strategic lift assets but that's a different thread). The reality is there. Those 50k Lebanese Canadians will have grand kids who won't have any real attachment to this country but will demand that our soldiers risk their lives for them the next time there's a fracas in their neighbourhood. I find that to be an offensive thought. And Lebanon is not even the largest group of expat Canadians. We have some larger headaches in South and South-East Asia.

But on the other hand, I don't know how much this law will change things. Women will simply fly back to Canada to deliver and than fly home with the baby after that.

What really needs to be done is to attach a price for citizenship. The best example I can think of is the US. They require citizens regardless of where they live in the world to file taxes. Admittedly that might not do much, but at the margins I am sure it dissuades those who have no real commitment to the country from maintaining their citizenship.

As for the Charter challenge...it'll be interesting to see. The law does not violate any of your freedoms inside Canada. And the law does not guarantee freedom of mobility outside Canada. Indeed, the government has always been in its right to deny you freedom of mobility outside the country at its own prerogative. So it might survive a charter challenge. Of note, there is no proviso in the charter stating that discrimination on the grounds of place of birth is prohibited. So I am curious to see what in the Charter would be violated for anybody to challenge this law.

What about a requirement that a child must spend at least one year of its first three in Canada to gain citizenship?
 
What about a requirement that a child must spend at least one year of its first three in Canada to gain citizenship?

There's workarounds to be sure. Changes like this would really be more effective with cross-party support. The Liberals have been awful quite on this....I suspect because they like some of the changes but don't really want to alienate their immigrant base by supporting the changes openly.
 
The system is being abused, but it's not so much a problem as political red meat for CCRAP's base. It may be needed to end automatic citizenship for anyone born inside the country to keep "birth tourists" away, and children of citizens born abroad should be required to physically visit Canada before 18 years of age in order to continue their citizenship after they reach adulthood.

In exchange perhaps the House of Commons should include MPs dedicated to expatriates to allow more engagement in the civic process.

What really needs to be done is to attach a price for citizenship. The best example I can think of is the US. They require citizens regardless of where they live in the world to file taxes. Admittedly that might not do much, but at the margins I am sure it dissuades those who have no real commitment to the country from maintaining their citizenship.
The US is the only western country which requires its citizens to pay Uncle Sam even when they're outside the country. Hardly a model to look to in a globalizing world.

As for the Charter challenge...it'll be interesting to see. The law does not violate any of your freedoms inside Canada. And the law does not guarantee freedom of mobility outside Canada. Indeed, the government has always been in its right to deny you freedom of mobility outside the country at its own prerogative. So it might survive a charter challenge.

http://laws.justice.gc.ca/en/charter/#circulation
 
^ The US maybe the only jurisdiction to require filing by all its citizens but it's still not necessarily a bad idea. Canada faces a lot of the same issues as the US when it comes to naturalized citizens so I don't think we should rule out some of their practices. I don't see the harm in studying it, as it applies to preventing the abuse of our citizenship by those using the maple leaf for their convenience.

I understand the charter's freedom of mobility requirements. However, this law, imho, does not violate that right. Requiring an individual to deliver in Canada does not hamper their mobility coming and going in this country. And it would probably fall into the same category as the right of a minister to deny a passport....ie you are free to come and go but the government has no legal obligation to provide you the documents that make that possible. Also, for example, the government does reserve the right to say who can and cannot become citizens and residents of Canada, even though we might occassionally engage in discriminatory practices (ie visa ban on certain countries for example) yet the courts have never ruled that power to be excessive. Anyway, I am sure there'll be a Charter challenge and we'll have to see what the courts say.
 
Very few people from the US who live abroad actually fill out their tax form if they are outside the country. You do realize there is no legal means to enforce the law, so why require people to file taxes to begin with?

There is literally near zero enforcement of that law. Normally when people are out of country and still file taxes, they put down $0 income and report a family member's address back in the US.
 
truth is immigrants were flocking to the Tories last election, because the Liberal leader was weak.


However Igantieff is like Chretien, so he will sweep the immigrant vote and will likely see a lot of seats that barley went Tory last election switch. I have seen it in the Indian community. Before people were openly talking about how the Liberals suck with their wimpy leader. , now its all about how strong the new leader is.


I would imagine the big bad red machine is rising once again...
 
The election will be decided in the GTA and Quebec.


Enough seats around there to break either party...

Either way the Libs are going back to over 100 seats which mean the Tories will be around 115-125.


Most likley Harper will be stabbed in the back and maybe a more moderate Tory like Jim Pretense takes charge. Now thats a Tory who would have my vote.
 

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