18 Daiva Stasiulis
Budlakoti’s contention that he was born after his parents had concluded
their employment with the Indian High Commission is supported by (among
others) his Ontario certificate of live birth which lists a Nepean doctor’s
address rather than the Indian High Commission as the residence of his
parents, and affidavits signed by both the former Indian High Commissioner
and the Nepean doctor. IRB officials and judges in subsequent court
proceedings have treated with suspicion documents and forms of legal
evidence that support Budlakoti’s contention that he was born after his
parents left the Indian High Commission and therefore is entitled to jus soli
Canadian citizenship. Instead they have favoured an alternative set of
documents that indicate Budlakoti’s parents were still employed by the High
Commission at the time of his birth. Thus, the affidavit evidence of the
former Indian High Commissioner is reported to be “undermined” by the fact
that the “3rd page of the four-page affidavit is missing” (Budlakoti, Judgment
and Reasons, 2014 FC, para 22). The government and the courts relied on
several documents from the Indian High Commission and an employment
authorization from the Canadian government whose dates place the work
departure of Budlakoti’s parents from the Indian High Commission in
December 1989, about two months after Deepan’s birth. The integrity of
these documents are never questioned by the IRB or Federal Court, even
though the former Indian High Commissioner stated that the December date
is in error.
Central to ANT is the concept of “translation,” whereby all the actors in the
network agree that the network is worth building and defending. Translation
“requires a performative definition in which power is the consequence of an
intense activity of enrolling, convincing and enlisting” (Cowan & Carr, 2008,
p. 152). In Budlakoti’s case, this network where state power has been
invested is one of extinguishment of his citizenship and production of
statelessness. Documents that are enrolled to support this position and treated
as factual are those that reinforce Deepan’s exemption from birthright
citizenship (regardless of the possibilities that they may express
administrative error, laxity or lag). Those that contradict this claim are here
enrolled as lacking in integrity, undermined by several other documents,
internally inconsistent, or (as in the case of Budlakoti’s passports) dismissed
as having been produced in error and of no significance to his efforts to
regain state and judicial recognition of his status as a Canadian citizen.
If one pierces the thin technical argument regarding the determination of
Budlakoti’s birthright citizenship, the rationale behind the Section 3(2)(b)
exception to birthright citizenship simply does not apply in this case. The
ambivalence expressed by the U.S. State Department to birthright citizenship
of U.S.-born children of foreign diplomats, suggesting that it depends on
whether they were “born subject to the laws of the [U.S.]” in fact suggests a
deeper socio-legal understanding of citizenship. Deepan has never had access
to a life of diplomatic privilege where he was not subject to the jurisdiction or
the laws of Canada. Quite the contrary – in his troubled youth, he was a ward
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
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