2
Daiva Stasiulis
Introduction
Statelessness is an exceptional phenomenon in a world where having a
nationality is not only a human right but also the statistical norm.1,2 It is a
phenomenon more familiar in transitional regions of state dissolution,
succession or breakup, involving structural discrimination against peoples
and minority groups in Asia, Europe, Africa and the Middle East (Mandel &
Gray, 2014). By way of contrast, statelessness appears to be a relatively
foreign concept in the Canadian context. In comparative perspective,
Canada’s citizenship laws have been regarded as among the most liberal and
generous in the world, offering multiple avenues to full citizenship – jus soli
and jus sanguinis at birth, and through naturalization for immigrants who as
permanent residents already enjoy many citizenship-type rights. Yet, as I
explore here in the case of a Canadian-born stateless man, Deepan
Budladkoti, statelessness exists in Canada. As importantly, mechanisms and
reforms in Canadian law and administrative practices serve to produce
statelessness.
Gradational citizenship, where the rights specifically to retain citizenship
have been differentiated between Canadian- and foreign-born, as well as by
race and ethnicity, is nothing new in the Canadian context. Indeed, as
Anderson (2008, p. 88) points out, “the basic tension between the equality of
all citizens and the authority of the state to revoke the citizenship of foreignborn Canadians has existed since Confederation.” Citizenship revocation and
deportation have variously targetted “dangerous European” labour radicals in
the interwar years (Avery, 1979), Japanese Canadian citizens during World
War II, and Nazi war criminals since the early 1990s (Anderson, 2008, p. 88).
Nonetheless, the contemporary reputation of Canadian citizenship has been
of “statefullness” (Kerber, 2007, p. 7) whereby full and permanent citizenship
status has been either automatic at birth or relatively easy to gain and nearly
impossible to lose.
Yet, recent reforms in Canadian citizenship legislation and procedures
during the near decade of Conservative rule (2006-2015), couched in
language about “strengthening Canadian citizenship” and “protecting the
security and safety of Canadians,” have again made citizenship a conditional
privilege that is more difficult to acquire and easier to lose (Government of
Canada, 2014b, 2014a, p. 1; National Immigration Law Section, Canadian
Bar Association, 2014). Citizenship stripping reforms introduced in the
Strengthening Canadian Citizenship Act (former Bill C-24), implemented in
1 There is no consensus on the difference between the two terms “nationality” and
“citizenship;” the distinction between these terms also varies from country to country. They are
frequently used synonymously to refer to full legal membership in a nation-state. The latter
convention will be adopted in this paper.
2
Article 15 of the Universal Declaration of Human Rights (United Nations, 1948) states: “1.
Everyone has a right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor
denied the right to change his nationality.”
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
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