removed differentiated penalties for mono- and dual citizens. Parliamentary debates leading
to the repeal of Bill C-24 emphasized its ideological nature and practical ineffectiveness, as
well as its fundamentally discriminatory character:
From a political point of view, the bill was ill conceived. It was conducted in haste,
and in many ways proposed changes to the law where there had been no
demonstrated problem. It was a repeated attribute of the previous Conservative
government to make decisions not based on evidence but based on ideology. Bill
C-24 was a classic example of that. The bill turned out to be very unfair, divisive, was
ideologically driven, and most important it was unfair.152
The SCCA also included provisions permitting citizenship revocation on grounds of fraud
through an expedited administrative process affording limited procedural protections. The
number of revocation cases skyrocketed after the introduction of an administrative procedure,
on the initiative of Jason Kenney, immigration and citizenship minister under the Harper
government. Kenney announced in 2012 that using this procedure “his department would
cancel the citizenship of more than 3,000 people, in a crackdown against those who had faked
the amount of time they [had] spent in Canada.” 153 In 2014, the Harper government then
amended the citizenship law again to institute a fast-tracking process for revocations in
“non-complex” cases.154
These provisions came under judicial review in 2017 and were quashed as a violation of the
Canadian Bill of Rights on the ground that deprivation of citizenship requires an oral hearing
before the court or an independent administrative tribunal, a fair opportunity to be heard, the
right to an impartial decision maker, and an opportunity to have special circumstances considered.155 A month later, in June 2017, a federal court voided the citizenship revocation of 312
individuals targeted in an operation based on the expedited administrative deprivation
procedure, designed to target fraudulent acquisition of Canadian nationality.156
Conclusion
The history and case studies examined in this chapter are intended to help place the chapters
that follow in historical and comparative relief. The past trends identified in the U.S. context
provide essential insight into the weaknesses of U.S. citizenship and immigration laws, and
how they have been shaped by periodic bouts of nativism in the country. International legal
norms suggest the minimum-level safeguards and guideposts that should apply in cases of
deprivation of nationality, drawing on treaty provisions the United States has signed and is
40
UNMAKING AMERICANS
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents