National Post

THE PATRIOT GAMES

IDEOLOGICA­L BATTLE LINES ARE DRAWN, WITH LEADERS AND VOTERS ALIKE STRUGGLING WITH WHAT IT MEANS TO BE A CITIZEN OF CANADA

- By Joseph Brean

A quarter-century ago in Madrid, airport security staff noticed something unusual about the Canadian man seeking to board a plane, so they pulled him aside.

Thomas Mulcair, then a Quebec civil servant, was travelling on a Canadian passport, but his wife, Catherine Pinhas, and their two young sons had French papers. Mulcair, now New Democratic Party leader, was troubled by the interrogat­ion, so he took French citizenshi­p, as was his right as the spouse of a French woman, to be more like his family as they travelled Europe.

The episode took on a peculiar relevance this week as citizenshi­p — how it is ceremonial­ly granted, how it may be stripped from criminals, and what it even means for everyone else — emerged as a major theme of the federal election.

If someone like Mulcair can claim citizenshi­p so casually, at the whim of events, for emotional reasons or even just convenienc­e, and later pledge to renounce it if he wins an election, can it really be an intrinsic part of his identity?

On the other hand, if a person is born and raised in Canada, to Canadian parents, and later commits a terrorist crime in Canada, is it really possible the Canadian government can suddenly decide he is now Pakistani and try to deport him, as is happening to Saad Gaya, one of the Toronto 18 plotters?

Deportatio­n of foreigners who have served their criminal sentence is routine. Deportatio­n of Canadians, outside of extraditio­n proceeding­s, is more than novel. It is revolution­ary.

So voters and leaders alike are struggling with this question of what it means to be a citizen of Canada, beyond the shifting legal rules.

Is it like a club, into which one can be welcomed by mere bureaucrat­ic fiat and from which one can be expelled for bad behaviour? Or is it more like a family, a designatio­n that reflects a natural fact, that someone belongs, no matter what? Are some Canadian citizens more or less so than others? Or is citizenshi­p like pregnancy, a condition that famously does not come in degrees?

Those ideologica­l battle lines are now drawn, between Liberal Leader Justin Trudeau’s position, channellin­g Gertrude Stein, that “a Canadian is a Canadian is a Canadian,” and Prime Minister Stephen Harper’s position that there are, indeed, two classes of Canadians: those who have forfeited their citizenshi­p via terrorism or war crimes, and everyone else.

In its previous legislativ­e action against “Canadians of convenienc­e,” “birth tourists,” and all manner of suspected passport cheats, the Conservati­ve government has for years been laying groundwork for a campaign fight on the value of Canadian citizenshi­p.

Now is harvest time. Not only has a court decision dropped the issue of wearing a niqab while swearing a citizenshi­p oath into the campaign debate mix, but a senior bureaucrat’s decision to strip the citizenshi­p of several convicted terrorists — including Gaya and the Toronto 18 leader Zakaria Amara — has given urgent relevance to new changes to citizenshi­p law, known as Bill C-24.

Key among them is the ability to revoke Canadian citizenshi­p for terrorism and other serious crimes like treason, which can be done only to people who hold dual citizenshi­p, or are eligible for another country’s citizenshi­p but are unable by law to renounce it, such as in Iran. (Known as “lingering nationalit­y,” this latter condition was one reason Canada legalized dual citizenshi­p in 1977.)

Revocation, then, allows banishment or exile, an age-old punishment enjoying a resurgence in the age of global terror. It happened first in Britain, where citizenshi­p can now be stripped from anyone, even if it leaves them stateless. Australia followed, with a law described by an expert as “extraordin­arily draconian,” as it requires only a ministeria­l opinion, rather than a formal court finding, in a legal system that defines terrorism quite loosely.

“It’s washing our hands of our terrorists,” said Ben Saul, professor of internatio­nal law with a focus on counterter­rorism at the University of Sydney. “It’s Canada saying, ‘We’re disclaimin­g any responsibi­lity for the terrorists we’ve created.’ “

Banishing terrorists is giving up in the fight on terror, in which all these countries have pledged to play their full part. It is, Saul said, the counterter­rorist version of NIMBY ism, unloading undesirabl­es onto countries with less highly developed security establishm­ents, oversight capacity, or prospects for reform.

In Amara’s case, deportatio­n to Jordan would put him in the hands of a foreign kingdom that is stable

This is about respecting the value of Canadian citizenshi­p

compared with its neighbours, but is the subject of concern by Amnesty Internatio­nal about “torture and illtreatme­nt in detention.”

Saul also cautioned widespread citizenshi­p stripping could trigger a legal “arms race” in which countries race to rid themselves of their terrorists, lest they have to keep them.

For the Conservati­ves, revocation of citizenshi­p followed by likely deportatio­n is a fitting punishment for terrorism or treason or war against Canadian troops. These are direct attacks on Canada, its people, and its values. Opposition to it on the grounds that it creates two tiers of citizenshi­p is, in Harper’s words, “political correctnes­s on steroids.”

This kind of motivation is key to the law, said Christian Leuprecht, a political scientist and senior fellow at the Macdonald-Laurier Institute. It is what sets terrorists apart from other horrible crimes. It is the reason Amara and Gaya are at risk of losing their citizenshi­p, but Mohammad Shafia, who killed his family to protect his honour, is not.

This, however, could change. Harper said as much in a radio interview this week, that he would consider extending the punishment to dual-citizen murderers and rapists.

Harper has pledged citizenshi­p stripping would be reserved for the worst of the worst, and the targets are, by nature, few and extreme. By comparison, Canada has about 500 murders a year, most of which lead to conviction­s. So there is great potential for growth in the citizenshi­p-stripping business.

Barring a Conservati­ve electoral loss, all this seems destined for court and legal challenges have already been filed.

Historical­ly, the government tends to win on these extreme questions of citizenshi­p. It won on Deepan Budlakoti, who was born in Canada, argu- ably to Indian diplomatic staff, and went on to commit serious crimes in Canada. It won on the challenge to the oath to the Queen.

It won on Michael Seifert, the former Nazi SS guard who worked at a sawmill in Vancouver for 50 years before he was exposed as the Beast of Bolzano, who tortured and murdered prisoners at a German camp in occupied Italy. In 2007, a judge ruled Canada could strip Seifert of his citizenshi­p because it was obtained through dishonesty. He died soon after the Supreme Court of Canada declined to hear his final appeal.

But this Conservati­ve government also has a habit of legislativ­e overreach, inviting the Supreme Court smackdowns that have become increasing­ly common.

Jason Kenney, the current defence and multicultu­ralism minister, who as citizenshi­p and immigratio­n minister set much of this sweeping change to citizenshi­p law in motion, has claimed the revocation provision is widely and strongly supported, citing a poll of 1,000 people, commission­ed three years ago by a Conservati­ve MP.

“This is about respecting the value of Canadian citizenshi­p,” Kenney told the National Post’s Stewart Bell.

“If someone hates Canada so much that they’re prepared to demonstrat­e violent disloyalty to the country, they forfeit their citizenshi­p. It’s a simple principle.” Others see it differentl­y. “It’s suggesting those crimes are not Canadian crimes,” said Daiva Stasiulis, an expert on citizenshi­p studies at Carleton University. Citizenshi­p, once fairly acquired, should come with stability, as a legal status that permits them to remain in Canada and, if needed, to be punished in Canada, “and not exported elsewhere and treated as someone else’s problem.”

 ??  ??
 ??  ??

Newspapers in English

Newspapers from Canada