The Extraordinary Statelessness of Deepan Budlakoti 21
involving prison officials, racial profiling and bordering processes,
immigration administrative tribunals, the Citizenship Act, discourses of fit
citizenship, documents in more than one country, other realms of (e.g.,
criminal, anti-terrorism) law, the courts, lawyers and judges.
Immigration lawyers such as Barbara Jackman are critical of the manner in
which under the Conservative government, the Canadian courts have built
case law in terms of a stack of negative cases, which permit the cavalier
extinguishment of an appellant’s citizenship and human rights. Referring to a
context of “gutting of Charter Rights since the Supreme Court imposed a
standard of ‘reasonableness’,” Jackman (2014) argues the “the ability of
people to challenge cases…has gone experientially down since the Supreme
Court imposed that standard [of reasonableness].” She specifically refers to
Justice Phelan’s Federal Court ruling extinguishing Budlakoti’s citizenship,
as the “most demeaning decision in terms of Deepan’s rights as a human
being” (see Budlakoti vs. Canada (Citizenship and Immigration) 2014, FC
855). How is it the case that once the “error” (of daily treating and
confirming a person’s citizenship all his life) is unearthed, the courts can
decide that their course of action need not be, in Justice Phelan’s words, “the
least impairing imaginable,” but only necessary to ensure that “the law falls
within a range of reasonable alternatives” (Budlakoti, FC 2014 855, para 77)?
As I have argued in this paper, certain “simple facts of law” such as the
diplomatic exception to birthright citizenship in the Canadian Citizenship Act
are worthy of scrutiny as they hold tremendous power over persons’ lives.
The regulation of this diplomatic exception is clearly not cut and dry: as a
document-requiring nation, Canada has relied on birth certificates for
issuance of citizenship cards, thus permitting an untold number who might
technically fit the diplomatic exception to slip by without notice, to have their
lives legitimated through a legal documental network produced by multiple
agencies that reinforces their Canadianness. For those, like Budlakoti, who
are documented citizens all their lives, the courts need to import richer, more
rights-based and genuine link notions of citizenship rather than snuff out their
citizenship on the basis of a technicality. This is the argument made by
Budlakoti (e.g., in 2013 at the Federal Court) where he “emphasized the
importance of citizenship to personhood and one’s sense of belonging and
well-being” (Budlakoti v. Canada (Citizenship and Immigration), 2014 FC
855, para. 18). This historically prior legal documental network, that
establishes that Budlakoti was since birth a Canadian, needs to be identified
and enrolled to contest the administrative error and diplomatic exception
stories narrated in tribunal and court decisions that argue Budlakoti was never
a Canadian citizen. This is precisely what Budlakoti himself and the Justice
for Deepan committee (online and through various events) are attempting to
do in an ongoing campaign to educate various publics and elected officials
about the injustice of Budlakoti’s citizenship extinguishment, while
Studies in Social Justice, Volume 11, Issue 1, 1-26, 2017
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