Terrorist asks court to stop citizenship revocation

An IranianCanadian imprisoned in Edmonton for terrorism has filed a court challenge against federal legislation that could result in the loss of his citizenship, arguing it amounts to “cruel and unusual punishment.”

Hiva Alizadeh, who pleaded guilty last year to possessing explosives with the intent to endanger life or damage property for the benefit of a terrorist group, wrote in his application to the Federal Court that the citizenship law harmed his right to security.

Alizadeh, 36, is among nine convicted terrorists notified by Citizenship and Immigration Canada that their citizenship may be revoked under a law that came into force in May. A tenth, Toronto 18 bomb plot ringleader Zakaria Amara, has already been stripped of his citizenship.

The citizenship law, C-24, which the government insists applies only to a handful of dual nationals convicted of serious terrorism offences, became an election issue during last month’s leaders’ debate on foreign policy. Conservative Leader Stephen Harper defended taking away the citizenship of terrorists while LiberalLeader Justin Trudeau vowed to scrap the measure.

Tom Mulcair’s NDP has also pledged to do away with the law.

The issue resurfaced Wednesday when Defence Minister Jason Kenney took to Twitter to dispute a Liberal flyer targeted at new Canadians that claimed the law had given “a politician the right to revoke your citizenship without a trial.”

“Liberals have been engaged in this dishonest fear campaign on citizenship since Day 1 of the campaign,” Kenney responded. “Revocation can only apply to someone convicted of serious terrorism offences, treason, or acts of war against Canada.”

The British Columbia Civil Liberties Association and former Toronto 18 member Asad Ansari are also challenging the law in Federal Court, arguing it is unconstitutional and creates “two-tiered” citizenship by treating naturalized Canadians differently than those born here.

Alizadeh’s three-page application makes a similar case. He wants the court to prohibit the government from revoking his citizenship.

“The impugned provisions of the Citizenship Act violate the applicant’s right to vote and right to enter and remain in Canada,” according to the application, adding the provisions are “not demonstrably justifiable in a free and democratic society.”

A former Winnipeg resident, Alizadeh took the citizenship oath in 2007. He then left the country, saying he was visiting family in Iran. But a member of Ottawa’s Muslim community told police Alizadeh was actually in Afghanistan, where he underwent training and pledged allegiance to Osama bin Laden.

The informant told police Alizadeh said he had been instructed to return to Canada to recruit for attacks against the West. “People over there want us to hit from within,” he quoted Alizadeh as saying.

When Alizadeh was arrested in 2010, an RCMP search found detonators custom-built by a bomb expert at a terrorist training camp, along with instructions on how to make remote-control bombs.

He pleaded guilty in September and was sentenced to 18 years beyond the time he had already spent in custody awaiting trial. “You have betrayed the trust of your government and your fellow citizens. You have effectively been convicted of treason,” the judge told him.