UNMAKING CITIZENS: THE EXPANSION OF CITIZENSHIP REVOCATION IN RESPONSE TO TERRORISM
illustrate what some have dubbed the, “Harper
government’s attack on citizenship.”39
C-24 itself was a robust and detailed law that outlined a
tiered citizenship and citizenship revocation system.
According to C-24, citizenship revocation (or
renunciation on the basis of illegal or criminal actions)
applies to: (1) individuals obtaining citizenship by fraud
or false representation; (2) all dual citizens, retroactively
(before and after C-24); (3) individuals engaged in
treasonous activities; (4) convicted terrorists; (5) and
convicted traitors or individuals convicted of
committing other serious national security offenses, as
defined under the National Defence Act and/or Security
of Information Act.40 Additionally, like Australia’s
equivalent revocation Act, C-24 targeted dual citizens.
By creating laws specifically designed for dual citizens,
this policy has also created a tiered citizenship system in
which dual citizens (which are primarily immigrants and
ethnic or racial minorities) are subject to differentiated
and inequitable laws.41 Canada’s Strengthening
Canadian Citizenship Act – which was amended in June
2017 under Bill C-6 – was controversial during its brief
lifespan.42 Additionally, while the Trudeau government
spoke against C-24, citizenship revocation cases actually
rose under Trudeau.43 Although we were unable to
receive citizenship revocation numbers or cases through
our government information requests, according to a
2016 CBC report, between June 2014 and August 2016,
there were 242 revocation cases; the majority of which
occurred under the Trudeau government.44 Additionally,
312 revocation cases under the purview of the Canadian
Federal Court were declared void because under the
original language of the 2014 Strengthening Canadian
Citizenship Act, individuals were not provided a fair oral
hearing and, “did not take into account humanitarian
and compassionate considerations.”45 The number of
voided cases reveals the extensive impact of expanded
citizenship revocation in Canada. While the
Strengthening Canadian Citizenship Act has since been
amended, the sheer numbers of cases during this short
legal window illustrates the precedence and lasting
damage revocation policies can cause.
United Kingdom
The United Kingdom has a more robust legal
precedence and practice of citizenship revocation than
Australia or Canada. The ability to revoke or deprive
individuals of their British citizenship, or effectively
banish them from the UK without full, legal revocation,
can be found in a number of legal instruments including
39
Shafiq Qaadri, “The Harper government’s attack on citizenship,” The Star, November 3, 2014,
http://www.thestar.com/opinion/commentary/2014/11/03/the_harper_governments_attack_on_citizenship.html.
40
Ibid.
41
Forcese, “A Tale of Two Citizenships”; Omar Ha-Redeye, “Born in Canada, Not a Citizen, But No Place to Go,” Slaw: Canada’s
Online Legal Magazine, December 11, 2016, http://www.slaw.ca/2016/12/11/born-in-canada-not-a-citizen-but-no-place-to-go/.
42
Forcese, “A Tale of Two Citizenships”; Ha-Redeye, “Born in Canada, Not a Citizen, But No Place to Go”; Charlie Smith, “Liberal
government plans to scrap two-tier citizenship,” The Georgia Straight, November 7, 2015,
http://www.straight.com/news/573696/liberal-government-plans-scrap-two-tier-citizenship; Somayeh Bahrami, “Critical Review of
the New Canadian Citizenship Law Bill C-24,” Bilingual Comment, February 26, 2016,
http://www.sfu.ca/education/cels/bilingual/bilingual-corner/bill-c-24.html; The Canadian Press, “Dual Canadian citizens convicted of
terrorism will no longer lose citizenship under new bill,” Global News, June 15, 2017, http://globalnews.ca/news/3532646/bill-c6passes-senate/.
43
Evan Dyer, “Trudeau government revoking citizenship at much higher rate than Conservatives,” Canadian Broadcasting
Corporation (CBC), October 9, 2016, http://www.cbc.ca/news/politics/citizenship-revocation-trudeau-harper-1.3795733.
44
Ibid.
45
Tu Thanh Ha, “Federal Court voids Canadian citizenship revocation for 312 people,” The Globe and Mail, July 12, 2017,
https://www.theglobeandmail.com/news/national/federal-court-voids-canadian-citizenship-revocation-for-312people/article35675424/
Center for Migration Studies of New York | 6
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