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Citizenship and Immigration committee I would remove citizenship revocation. It's unconstitutional. Other countries don't do it. I don't know what Mr. Opitz was referring to. You'll note that in the aftermath of 9/11, not a single U.S. citizen had citizenship revoked. Australia, as I read it, doesn't permit citizensh
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee Judicial review is a form of supervision that a court exercises over an administrative decision-maker. It differs from an appeal or the exercise of judicial authority in the course of a trial. It is limited in its scope. Often, according to the latest jurisprudence from the Supre
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee Let me just point out that there's a Canadian journalist who's also an Egyptian citizen who is on trial for terrorism in Egypt right now. If he is convicted, then in principle, he would fall under the purview of this act and be subject to citizenship revocation in Canada for a te
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee I've gone through some of the due process considerations. Those are things like the presumption of innocence, which is violated here; the requirement of proof beyond a reasonable doubt; an open and fair trial before an impartial tribunal; probation on retroactive laws; the right
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee Only in the cases where a person is subject to revocation for misrepresenting or committing fraud in relation to acts done before acquiring citizenship, which are related to terrorism and national security, will a court be called upon to make a declaration that the person so enga
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee Thank you. I think I have mentioned most of the affected constitutional provisions. I will add only a couple. One is section 12 of the charter that prohibits cruel and unusual punishment or treatment. Now, in a line of U.S. constitutional cases culminating in a case called Afroy
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee The provisions of Bill C-24 that permit revocation for what I will broadly talk of as crimes against citizenship, crimes committed while a citizen—terrorism, treason, and so on—are only applicable against people who are dual citizens, because to strip citizenship from a mono-citi
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee Lastly, section 15 of the charter is violated in two ways. This legislation discriminates against naturalized citizens, as compared to those who acquire citizenship at birth. Secondly, it also discriminates in other ways against dual citizens, as opposed to what I'll call “mono-c
May 5th, 2014Committee meeting
Prof. Audrey Macklin
Citizenship and Immigration committee Thank you very much. Thank you for inviting me to join you today via videoconference. I am going to give my presentation in English. I will take questions in English as well, but I look forward to the committee's inquiries. I'm going to confine my presentation as well to the
May 5th, 2014Committee meeting
Professor Audrey Macklin