Citizenship Without Magic
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for various reasons, and have now largely been resolved through statutory
amendment (a rule change). In making their case to Parliament, the courts
and the media, their primary, and highly successful, strategy, was to denigrate the rule-boundedness of ‘mean-minded bureaucrats’ and advance
the merits of their claims through appeals to lineage and blood-based
belonging.4 Despite being born in the UK, residing in Canada for five
years as a small child, and having subsequently lived in the UK for six
decades, one such lost Canadian insisted, ‘I, sir, am a Canadian. To the
roots of me, to the spirit of me, to the soul of me, I’m Canadian’. 5 This
impassioned claim to Canada – not exactly your ‘go to’ example of an
ethnic nation – nonetheless succeeds as a rhetorical strategy because it
re-enchants the nation,6 underscoring the country’s desirability to the
Canadian public, and insisting that this connection is an essential feature
of her identity. This is a logic that only works in a world of birthright citizenship. And it is a strategy that eventually succeeded in securing legislative amendments, because the birth-based claims of the lost Canadians
(and not necessarily residency or connection) carried an overwhelming
political potency.
To the extent that birthright citizenship enables progressive people to
cordon off a substantial portion of membership determination from a potentially nasty political debate, one can certainly understand its attractions. But
the occlusion of politics with an unsupportable appeal to nature is ethically
dubious. If we are committed to democratic equality, we need principles to
manage how we live together that refuse the privilege of birth over naturalisation, and that require us to come to terms with our mortality.7 Political
membership should be a lively, on-going process of negotiation in which
everyone has a stake. Some critics might argue that abandoning birthright
citizenship and its intergenerational character will create the conditions for
decision making in which we are no longer future-oriented, or indeed, that
we will neglect the lessons and obligations of our past. If our children do not
4
5
6
7
Canada, 26 February 2007, House of Commons Standing Committee on
Citizenship and Immigration 39th Parliament 1st Session no. 38. (at 11:50).
Canada, 26 February 2007, House of Commons Standing Committee on
Citizenship and Immigration 39th Parliament 1st Session no. 38. (at 11:45).
Honig, B. (2001), Democracy and the Foreigner. Princeton: Princeton
University Press, 74.
For a full elaboration on the dangers of intergenerational citizenship, see
Stevens (2010), at n.2 above.
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