QUASH CANADA'S "PHANTOM (SHADOW) CITIZENSHIPS"

By Removing

"REVOCATION" "DEPORTATION" & "ANNULMENT"

from the existing and new Citizenship Act.
Because this

" STRIPPING & SHIPPING " is UNCONSTITUTIONAL
( AND VERY "UNCANADIAN")


A Brief to the Parliamentary Committee on Citizenship & Immigration in Edmonton on April 07, 2005.

Bill Pidruchney,
[..address..]
Edmonton, AB
[..Telephone..]

INDEX Index -------------------------------------------- Page 1
The Proposition ----------------------------------------- Page 2
The Problem --------------------------------------------- Page 2
The Discussion ------------------------------------------ Page 2
Definitions ----------------------------------------------- Page 2
Excerpts of Relevant Legislation ----------------------- Page 4
Review of the Acts: PROMISES & REALITIES ------ Page 5
Citizenship Act of Canada ------------------------------- Page 5
Former Proposed Amending Act (Bill C-18) ---------- Page 5
The Canadian Charter of Rights and Freedoms -------- Page 6
The Constitution of Canada Act ------------------------- Page 12
Options Already Exist for Managing Problem Cases -- Page 13
New Options ---------------------------------------------- Page 13
Concluding Thoughts ------------------------------------- Page 14

Attachments
[1] Definitions -------------------------------------------- Page 15

Abbreviations
"cbic" = citizen(s) born in Canada.
"cbc" = citizen(s)-by-choice (i.e. naturalized immigrant).

Note
All emphases, italics, underlinings and highlighting is by the author.

REMOVE "REVOCATION", "DEPORTATION" & ANNULMENT
FROM ANY CITIZENSHIP ACT OF CANADA
Because this "Stripping & Shipping" is UNCONSTITUTIONAL

THE PROPOSITION of the BRIEF:
The Revocation and proposed Annulment of citizenship and the Deportation penalty are unconstitutional as being repugnant to the Canadian Charter of Rights and Freedoms [the 'Charter'], the Constitution Act of Canada, [the 'Constitution'] and the Citizenship Act of Canada, and should be rescinded by Parliament as soon as possible.

THE PROBLEM
In Canada there are presently two kinds of citizenships:
[1] The "FULL" citizenship:
The "FULL" citizenship is that of a person who is born into citizenship in Canada. It is a permanent, genuine, irrevocable citizenship and persons holding it cannot be deported for any reason.

[2] The "PHANTOM (SHADOW)" citizenship:
A PHANTOM citizenship is a citizenship granted to an immigrant who becomes a citizen through naturalization.
It is just a SHADOW of a FULL citizenship because it is revocable by the Cabinet and deportation is the penalty.
This citizenship is not guaranteed to be permanent, so it is like a shadow because it is mainly form and not substance. At best it is a "quasi" or partial citizenship.

The DISCUSSION

This is intended as a comparative study contrasting the fundamental rights and freedoms of the Charter, Constitution and Citizenship Act , and demonstrating how the revocation, annulment and deportation provisions and the legal processes and practices arising from their application are repugnant and contradictory to the Charter and Constitution.

DEFINITIONS
What is "Citizenship"? :

It is a "grant" by the state which bestows the "status" of "citizen" on the individual and endows him with certain constitutional rights and privileges.

The grantee becomes a subject of the state, in exchange for which the state guarantees rights, security and protection of its citizen for all time and in all circumstances.

The Grant creates a form of "bond" between the state and the citizen, which binds them together in a legal relationship. [This is a remnant of the days when slaves were 'bonded' to masters].

The "status" permits the citizen to claim all of the benefits that the state offers equally with all other citizens. A "status" can be likened to that of a woman who bears a child: forever thereafter that woman has the "status" of a "mother", regardless of what ever may happen to her in the future. It is permanent.

Citizenship is not intended to be like a club membership or mere contract of any kind, whether social or otherwise. In theory it is a sharing of sovereignty based on the right to vote on or run for the leadership of the state, but in reality the state is the total sovereign between elections.

Citizenship Act: c. 29, R.S.C. 1985 [as amended].
This current Act is Chapter 29 of the Revised Statures of Canada, 1985.

It contains the alleged unconstitutional revocation and deportation provisions.

Bill C-18: A former Government Bill to Amend the Citizenship Act.
This is the Government Bill which proposed to add the "Annulment" of citizenship to the current Citizenship Act.

The Canadian Charter of Rights and Freedoms: (Part 1 of the Constitution Act, 1982)
- was adopted by the Parliament of Canada in 1982 as part of Canada's Constitution and declares the fundamental rights of all Canadians.

"The Charter of Rights is the heartbeat of our Constitution";
-Prime Minister Paul Martin on March 4, 2005, in Ottawa at the Federal Liberal Convention. He is also reported as portraying the Liberal Party as the embodiment of Canadian values and the protector of equality for all citizens.
[News report of Anne Dawson, Canwest News, March 5, 2005].

The Constitution Act of Canada, Statutes of Canada, 1982.
- was adopted by the Parliament of Canada in 1982 and is the paramount law in Canada.

Section 52(1) of the Constitution says:

"The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of that inconsistency, of no force and effect."

It is my thesis, of course, that revocation, annulment and deportation are all inconsistent with the provisions of the Charter and the Constitution, and accordingly of no force and effect, i.e. - unconstitutional.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Excerpts of Federal Legislation on Rights and Freedoms.

[1] The CITIZENSHIP ACT, c. 29, R.S.C. 1985

Section 6 - Rights and obligations.

A citizen, whether or not born in Canada, is entitled to all rights, powers and privileges and is subject to all obligations, duties and liabilities to which a person who is a citizen under paragraph 3(1)(a) is entitled or subject and has a like status to that of such person."

[2] BILL-C-18 - Proposed CANADIAN CITIZENSHIP ACT.

Section 3.

"The purpose of this Act is: ...... [d] to reaffirm that all citizens, no matter how they became citizens, have the same status; [g] to promote respect for the principles and values underlying a free and democratic society."

Section 12.

"All citizens have the same rights, powers, privileges, obligations, duties, responsibilities and status without regard to the manner in which their citizenship was acquired".

[3] CONSTITUTION ACT OF CANADA -1982.
including the CHARTER OF RIGHTS AND FREEDOMS.

Section 7 - Legal Rights.

"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice".

Section 15 - Equality Rights.

"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination .....".

Section 11 - Rights to Due Process.

"Any person charged with an offence has the right [a] to be informed without reasonable delay of the special offence;.... [c] not to be compelled to be a witness in proceedings against that person (i.e. self-incrimination) in respect of the offence; [d] to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;...".

Section 12 - Punishment.

"Everyone has the right not to be subjected to any cruel and unusual treatment or punishment."

Section 26.- Unlisted freedoms.

"The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada".

Section 52 (1) - Paramountcy of the Constitution.

"The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of that inconsistency, of no force or effect".
~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Review of the Acts: PROMISES & REALITIES

The CITIZENSHIP ACT, c. 29, R.S.C. 1985

Section 6 says: - Rights and obligations.

A citizen, whether or not born in Canada, is entitled to all rights, powers and privileges and is subject to all obligations, duties and liabilities to which a person who is a citizen under paragraph 3(1)(a) is entitled or subject and has a like status to that of such person."

The Reality Is:

[1] Section 6 mandates equality before the law to all citizens. However, citizens not born in Canada are unequal in law as to rights, powers and privileges in contrast to born Canadians, because they are treated differently and unequally in the same law. cbc's are subject to have their citizenship revoked [or annulled] and to be deported, whereas Canadian born citizens cannot have their citizenship revoked [or annulled] or be deported.

The Section 6 rights and privileges of a cbc are inferior to those of a cbic because of inequality in the same law.

[2] Citizens not born in Canada are discriminated against in law as to rights, powers and privileges in contrast to born Canadians, because they are subject to have their citizenship revoked [or annulled] and to be deported, whereas Canadian born citizens cannot have their citizenship revoked or annulled or be deported.

The Section 6 rights and privileges of a cbc are inferior to those of a cbic because of inequality in the same law.

[3] Obviously the cbc does not have a "like status" to the cbic because of unequal treatment and the victimization of the draconian penalty of deportation. His status is inferior to that of a cbic at law and in application.

[4] The rights to which Section 6 alludes are civil rights. Breaches of civil rights are not acceptable in today's society. It is particularly heinous when the breaches are created and promoted by the government.

[5] Wrongful laws are harmful to everyone. Imposition of bad laws starts a deterioration of all laws. Like a rotten apple in a barrel, the rot soon spreads to the others. It is dangerous to allow bad law to persist.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

BILL-C-18 - The Proposed CANADIAN CITIZENSHIP ACT.

Section 3 (d) says: All have the same status.
"The purpose of this Act is: ......to reaffirm that all citizens, no matter how they became citizens, have the same status;

The Reality Is:
[1] Aristotle said: "Democracy arises out of the notion that those who are equal in any respect are equal in all respects ......" [Politics, Book V, C.4]. Equality is a function of democracy, and democracy is a function of equality.

[2] Citizens not born in Canada are unequal in law and are discriminated against in law as to rights, powers and privileges in contrast to born Canadians, because they are subject to have their citizenship revoked [or annulled] and to be deported, whereas Canadian born citizens cannot have their citizenship revoked or annulled or be deported.

The rights and privileges of a cbc are inferior to those of a cbic.

[3] Obviously the cbc does not have a "like status" to the cbic because of unequal treatment and the victimization of the draconian penalty of deportation. His status is inferior to that of a cbic at law and in application.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 3 (g) says: Democratic Principles
- "to promote respect for the principles and values underlying a free and democratic society."

The Reality Is:
[1] The fundamental principles and values of a free and democratic society include:
- equality in social and legal contexts; freedom from discrimination; justice administered by due process which includes fairness, transparency and objectivity; respect for humanity; honesty; responsibility; fair dealing; cooperation; understanding of and respect for the rights of others; peaceful resolution of issues; cooperation; compassion; the right to vote; freedom of speech; freedom of religion; etc.

[2] How can a cbc be encouraged to respect these principles and values when he is the victim of breaches of them by his own government ?

The government that abuses the rights of its own citizens sets a poor example of morality and ethics, and degrades itself and its own laws and society.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 12 says:
"All citizens have the same rights, powers, privileges, obligations, duties, responsibilities and status without regard to the manner in which their citizenship was acquired".

The Reality Is:
[1] Citizens not born in Canada are unequal in law and are discriminated against in law as to rights, powers and privileges in contrast to born Canadians, because they are subject to have their citizenship revoked [or annulled] and to be deported, whereas Canadian born citizens cannot have their citizenship revoked or annulled or be deported.

The rights, privileges and status of a cbc are inferior to those of a cbic.

[2] Obviously the cbc does not have a "like status" to the cbic because of unequal treatment and the victimization of the draconian penalty of deportation. His status is inferior to that of a cbic at law and in application.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

CONSTITUTION ACT OF CANADA - 1982, including the CHARTER OF RIGHTS AND FREEDOMS.

Section #1 of the Charter says: - Guarantees of rights

"The....Charter...guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society."

The Reality is:
[1] The offending sections of the Citizenship Act are legislation which cannot be 'demonstrably justified' under any circumstances because:

[1.1] they are a perversion of judicial process in the sense that it is use of an administrative process in an deliberate attempt to administer a punishment [deportation] that is so serious that it should be applied only in the most serious of crimes, and not as an administrative penalty.

The seriousness of the penalty demands that the process be one which provides the fullest rights to a defence.

[1.2] it is established law that one cannot do indirectly what it is not empowered to do directly.

[1.3] the sections are punitive, and therefore this is criminal or quasi-criminal law, masquerading as a civil code.

[1.4] the sections are not preventative or remedial: they are purely punitive.

[1.5] the punishment [deportation] is irreversible.

[1.6] there is no limitation period to these sections as is common in virtually all Canadian laws except for serious crimes like murder.

[1.7] there is no right of appeal at the Federal Court nor at the Cabinet level. This is a gross breach of fundamental principle.

[1.8] because this is criminal or quasi-criminal legislation now, the criminal onus must apply to proof. Use of the civil burden is unconscionable.

[1.9] this law which was intended to find perpetrators of genocide or crimes against humanity [crimes of the most serious nature] has now been bleached out by incremental, creeping dilution, to cover and apply the most serious punishment in the world [but for death], to minor offences like untruthfulness.

This demonstrates a continuous deprecating erosion of fundamental rights by carelessness of thought and lack of principle and wisdom.

[2] Aristotle said: "Democracy arises out of the notion that those who are equal in any respect are equal in all respects ......" [Politics, Book V, C.4]. Equality is a function of democracy, and democracy is a function of equality.

[3] "Democracy" includes the concept of "justice". Justice should not be confused with "law" because there is a big difference. There can be and are "unjust laws". Justice is an intrinsic part of the entitlement to fundamental rights.

[4] "Justice is not achieved, however, if persons are convicted of anything less than the requisite standard of proof beyond a reasonable doubt".

And further: "Despite the horrific nature of the alleged crimes, there can be no lowering of the standard of proof from that required in any criminal trial."

(Justice Ian Josephson in the Air India Case , March 17, 2005.)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 7 of the Charter says: - Legal Rights.

"Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice".

[1] Socrates said: "What is in conformity with justice should also be in conformity to the laws". The law on revocation and deportation is bad law in all ways.

[2] Recently Prime Minister Martin said:
"We are saying proudly and unflinchingly that defending rights, not just those that happen to apply to us, not that everyone else approves of, but all fundamental rights, is at the very soul of what it means to be a Canadian." (House of Commons debates, Wednesday, February 16, 2005, as reported in an editorial in the Edmonton Sun, February 20, 2005.).

[3] Democracy includes the concept of "justice". Justice should not be confused with "law" because there is a big difference. There can be and are "unjust laws".

Justice is an intrinsic part of the entitlement to fundamental rights.

[4] Edmund Burke said: "Justice is itself the great standing policy of civil society; and any departure from it, under any circumstance, lies under suspicion of being no policy at all."

The Reality Is:
[1] Re: The Principles of Justice True justice has always been the hallmark of Canadian jurisprudence. Using immigration rules to deport a citizen on purported grounds of misrepresentation when you really think he might have committed a criminal act, but won't take the time or trouble to prove it, is a dreadful subterfuge and perversion of justice.

The concept of a split trial is a unique perversion in legal history: a first of which we should not be proud. It is a complete perversion of fairness.

The Act directs the Federal Court to hold a hearing limited to determination of facts. The Court is estopped from making any substantive decision on liability, guilt of the 'suspected' offence or penalty. [This is an abuse of the use of the Federal Court]. The Court merely reports its facts to the Minister, and then Cabinet continues a "second half" of the process which is essentially a PRIVATE TRIAL on the issue of the penalty and a decision by the politicians in Cabinet, in the absence of the respondent, to decide on guilt or liability [which is it, because this is now some kind of an unprecedented hybrid process ?] and then makes a determination on punishment [deportation] without allowing any representation by the respondent or his counsel.

Re: Security:
[2] The threat of revocation, annulment and deportation can haunt every cbc for as long as this legislation exists or his lifetime, which ever expires first. These laws create insecurity of several dimensions , some of which are:
[2.1] fear and insecurity respecting the tenure of his citizenship.
[2.2] inferiority of a second class 'Phantom' citizenship.
[2.3] persistent fear of prosecution without the benefit of due process, and in contravention of justice.
[2.4] fear of loss of life's earnings and assets in defending oneself against "undue" process.
[2.5] fear of deportation causing permanent severance from family.
[2.6] fear of deportation as a penniless indigent.
[2.7] fear of becoming a stateless person upon having his citizenship revoked.
[2.8] disdain for all laws because of application of bad laws.

[3] The consequences of these insecurities and fears may result in mental or psychological breakdown or damage with extreme consequences like break-up of family, loss of employment or even self-destruction.

Re: Deprivation without justice (due process/ case disclosure/proper onuses/ rights of appeal/etc.).

[1] The existence of fundamental justice in a society is one of the reasons that we are a law-abiding society. True justice means that we will abide by the law because we know that truth, fairness, openness, objectivity and good laws will always be the basis of any process involving us. We are law-abiding because we trust a just system.

[2] "Extreme law is often extreme injustice" said Terence, (190 - 159 B.C.) in 'The Self Tormentor' c.177, p.796. If this was obvious 2,075 years ago, are we missing something here in creating extremely bad law which tramples fundamental justice?

[3] Laws which are contrary to fundamental justice are unjust laws. Revocation and deportation are unjust, and because they are contrary to the Charter and the Constitution, they can be called "illegal laws".

[4] In 1995 in activating the revocation and deportation sections of the Act the Hon. Allan Rock, then Minister of Justice declared: "The key criterion in all these [d & d] proceedings is the existence of some evidence of individual criminality. If that cannot be proven, no proceedings will be considered."

Since then, the intent and legislation have eroded from a criminal law into a civil law, but with criminal consequences.

[5] It is also unfair to an accused because it never deals with the issue of innocence or guilt of a war crime, but leaves him under a cloud of suspicion because of the imposition of the penalty of deportation and denaturalization.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 15 of the Charter Says: Equality Rights.

"Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination.....".

The Reality Is:
[1] Section 15 mandates equality before the law to all citizens. However, citizens not born in Canada are unequal in law as to rights, powers and privileges in contrast to born Canadians, because they are treated differently and unequally in the same law. cbc's are subject to have their citizenship revoked [or annulled] and to be deported, whereas Canadian born citizens cannot have their citizenship revoked [or annulled] or be deported.

The Section 15 rights and privileges of a cbc are inferior to those of a cbic because of inequality in the same law.

[2] Citizens not born in Canada are discriminated against in law as to rights, powers and privileges in contrast to born Canadians, because they are subject to have their citizenship revoked [or annulled] and to be deported, whereas Canadian born citizens cannot have their citizenship revoked or annulled or be deported.

The Section 15 rights and privileges of a cbc are inferior to those of a cbic because of inequality in the same law.

[3] Obviously the cbc does not have a "like status" to the cbic because of unequal treatment and the victimization of the draconian penalty of deportation. His status is inferior to that of a cbic at law and in application.

[4] The rights to which Section 15 alludes are civil rights. Breaches of civil rights are not acceptable in today's society. It is particularly heinous when the breaches are created and promoted by the government.

[5] Aristotle said: "Democracy arises out of the notion that those who are equal in any respect are equal in all respects ......" [Politics, Book V, C.4].

[6] Equality is a function of democracy, and democracy is a function of equality.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 11.a of the Charter says: Rights to Due Process.

"Any person charged with an offence has the right to be informed without reasonable delay of the special offence;...."

The Reality Is:

[1] `Edmund Burke: " Whenever a separation is made between liberty and justice, neither, in my opinion, is safe."

[2] Due process is abused by the government.
For example: the time limit for a person to respond to a charge starts 30 days after a letter of allegation is mailed. Due process requires that a person must be served with notice personally, so that a person knows he is charged and has a proper opportunity to make his response.

In Bill C-18, proceedings to revoke or annul will start in 30 days, even if the citizen never receives the letter ! He may never even know his citizenship is threatened or annulled until years later - or when the police arrive at his door to arrest him for deportation.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 11.c of the Charter says: no forced self-incrimination.

- not to be compelled to be a witness in proceedings against that person (i.e. self-incrimination) in respect of the offence;

The Reality Is:

[1] An accused is compelled to give evidence against himself, failing which he is punishable by incarceration for contempt of court. This is an absolute contradiction of this right against self-incrimination.

The S&S process requires the respondent to submit to an examination for discovery by the prosecutor before the commencement of court proceedings.

If the respondent refuses to submit to an examination for discovery he is in contempt of court and can be sentenced to several years in jail without any trial of the issue.

This is unheard of in law except in the days of the Spanish Inquisition.

[2] These S&S hearings are quasi-criminal at a minimum. The respondent is entitled as a fundamental right to remain silent. The respondent is not given any corresponding right to examine the prosecutor's witnesses for discovery. Talk about a one-sided side-show!
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 11(d) of the Charter says: - Presumption of Innocence

[the right] "to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal;...".

The Reality Is:

[1] "Hearing" in this context means a full and complete hearing with a decision rendered on the facts, and not a split hearing with the court finding facts and the Cabinet deciding on deportation.

[2] There is no provision for the respondent to make representations to Cabinet about the penalty.

[3] What's worse, Courts have now denied appeals from the fact findings of the Federal Court on the grounds that this process is not a trial process because it did not lead to any decision/judgment. Has the Federal Court been turned into an errand boy for the Cabinet?

[4] Under the present process there is no "fair and public hearing by an independent and impartial tribunal", because there was no official hearing at all. The rights of the citizen respondent have been compromised into zero by the government's rules of process.

[5] So what is this process ? Administrative? Civil ? Immigration ? Quasi-Judicial ?

If there is evidence of criminality shouldn't it be criminal ?! What rules should apply?
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 12 of the Charter says: no cruel & unusual punishment.

"Everyone has the right not to be subjected to any cruel and unusual treatment or punishment."

The Reality Is:

[1] Deportation is a cruel and unusual punishment. Deportation makes the person stateless. This is contrary to humanitarian considerations.

[2] Deportation is a cruel and unusual punishment affecting innocent parties.
- If a person is deported, are his spouse and children deported with him?
- Will Canada ensure that another country will take the deportee willingly?
- Will Canada ensure the safety from capital punishment in the country to which it deports a person?
- Will Canada agree to accept deportees from other countries by reciprocity ?
- Will Canada accept the return of Canadian deportees if they have misbehaved in the host country, or if they have been absent from Canada for the equivalent of a corresponding jail term that would have been imposed if the citizen had been tried and punished in Canada ?
- Will Canada pay to deport its citizen and finance him until he establish himself in his new country?
- Will Canada support the deportee's family left in Canada on welfare ?

[3] How will Canada's dumping of its citizens in another country be viewed by the rest of the world ? Will it negatively impact on Canada's image? Will It affect immigration? Will it create tension between countries ? Will it appear that Canada is too weak or too immature to manage its own problems and so dumps them on others? Is it contrary to international protocols? Won't it require special inter-nation treaties?

"Stripping & Shipping" reflects poorly on Canada and is damaging to its own status.

The decision to deport still rests with the government. The fear of political influence in such a decision is frightening. It has been amply demonstrated in past that Cabinet Ministers can be subject to political influences.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Section 26 of the Charter says: continuation of all rights & freedoms

"The guarantee in this Charter of certain rights and freedoms shall not be construed as denying the existence of any other rights or freedoms that exist in Canada".

The Reality Is:

[1] The Issue of Materiality to a Finding of Misrepresentation. There is little definition of what constitutes materiality related to any misrepresentation or withholding of information at time of entry to Canada or on the application for citizenship. Did the misrepresentation cause injury or damage to Canada ? What was that injury or damage? What were the harmful consequences of the act if any ? None of this appears to be part of the court's mandate in its determination. It should be a significant aspect of the process. A harmless representation that causes no injury hardly deserves deportation.

Section 52 (1) of The Constitution Act says: It is the Paramount Law

"The Constitution of Canada is the supreme law of Canada, and any law that is inconsistent with the provisions of the Constitution is, to the extent of that inconsistency, of no force or effect".

The Reality Is:

[1] By now it should be manifestly clear that revocation, annulment and deportation are repugnant to the Charter and the Constitutions, as well as to the expressions of intent in the citizenship Act respecting equality and status.

Section 52(1) makes it clear that these sections are of no force and effect. Preferably Parliament will rescind them immediately without the necessity of a reference to the Supreme Court of Canada.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Options Already Exist for Managing Problem Cases

[1] Today Canada is in a proper legal position to deal with war criminals and terrorists in the courts and in Canada.

The "War Crimes and Crimes Against Humanities Act" was passed by Parliament in 2000. It is the proper forum for these cases. The Act can be used for crimes committed outside Canada by a Canadian citizen now living in Canada.

[2] Extradition is available if some other country wants to try a Canadian citizen for a crime committed there. The process of extradition is a well established legal process and Canada has extradition treaties with most western countries.

[3] Canada is now a signatory to the International Court of Crimes Against Humanity located in Holland. A Canadian citizen accused of crimes on a scale attracting the jurisdiction of the International Court can be sent to be tried there. A full judicial process takes place there.

[4] Canada's Criminal Code is adequate to deal with criminal fraud or misrepresentation in a regular court process. Penalties for fraud as a criminal offence are established in the Criminal Code.

Fraud can be civil or criminal. Fraud on entry to Canada must be material to entry, immigration or the citizenship grant.

New Options :

Citizenship Earned By Points and Not Residency Alone
[1] A novel idea is to grant citizenship on the basis of earned points rather than the length residency in Canada. Immigrants must demonstrate qualification to immigrate to Canada. Now instead of basing a grant of citizenship on residency and on examination of knowledge, would it be desirable to have the landed immigrant "earn points" towards a citizenship by meeting certain standards required of him. Standards could include: no criminal record or activity anywhere in the world to time of application for citizenship; satisfactory employment history while in Canada; understanding of requirements of citizenship/voting; pass knowledge exam; etc.

When the applicant has amassed the required number of points he can then be granted citizenship, regardless of the length of residency here.

Lengthening Waiting Time to Allow for Better Review

[1] It takes 12 years to gain a citizenship in Switzerland. One of the problems in admitting immigrants into Canada is the complaint that the bureaucracy does not have enough resources to manage the work efficiently, much less to conduct in-depth background searches on potential citizens.

Perhaps a longer screening time would be appropriate.

Proactive Offshore Pre-selection of Candidates

[1] The place to stop problems with dubious applicants for citizenship is before they are accepted into Canada as immigrants.

Canada might preclude some of its problems by instituting a superior system of screening applicants in their home countries before they arrive on Canadian shores. A program of proactive searching for good candidates as immigrants or refugees in their own countries might reduce the intake of unsuitable candidates.

Certainly some bad apples will avoid detection: that is the same risk every country takes in admitting immigrants.

But Canada should accept its responsibilities to deal with its bad apples at home and with its characteristic resort to a fair application of reputable laws with full benefit of due process, consistently with its stature as one of the world's leading democratic societies.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Some Conclusions

[1] There is some suggestion that revocation, annulment and deportation may be contrary to the United Nations Declaration of Human Rights.

[2] Without a doubt, they are a breach of personal civil rights.

[3] It is a strange commentary on us that we, a nation of immigrant stock, and who are in need of and encourage more immigration, should be first in line to trample the rights of the immigrant nation-builders who are following in our footsteps.

[4] If democracy, justice, equality and no discrimination were good enough for us, why aren't they for others? What are the forces that are manipulating us into abandoning fairness, decency and common sense?

[5] "Oh Canada, "We stand on Guard for Thee"
We mouth these words frequently enough, but do we mean them ? If so, who is it that is guarding our rights and freedoms ? This should be Parliament's job, but instead Parliament is the miscreant which is causing this erosion of our rights.

So, dear Canada, who guards these rights for thee? Is it going to be our Parliament, or just a few of we ?
* * * * * *

Attachment #1:

Definitions

Civil Rights - basic inherent rights of an individual in an organized society founded on moral and ethical codes of human conduct: sometimes codified.

Democracy - government by the people ('citizens').

Discrimination - making a distinction against; distinguish unfavorably.

Equality - condition of being equal in quality; on equal terms with others.

Freedom - personal liberty; civil liberty; liberty of action; participation in citizenship; exemption from defect, disadvantage, burden, fear.

Justice - just [equitable/fair] conduct; fairness; treat fairly; exercise of authority in maintenance of right.

"Justice is the first virtue of those who command, and stops the complaints of those who obey". Diderot.

Socrates: "What is in conformity with justice should also be in conformity to the laws."

Pascal: "Justice and power must be brought together, so that whatever is just may be powerful, and whatever is powerful may be just."

Phantom - Form without substance or reality.

Phantom Citizenship - A granted citizenship which you have but don't have [because it can be revoked at any time], so it IS but it ISN'T.

Repugnant - contradictory; incompatible [with] .

Stripping & Shipping - same as denaturalization & deportation. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~