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Citizenship and Immigration committee  Internally displaced persons are highly vulnerable. They meet the refugee definition in all sorts of ways, except they haven't crossed an international boundary. However, as I mentioned in my presentation, there's a big problem with accessing them. You can't access them without t

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  You can't get in there. The legal obstacle is that no other country can go there and do anything without the consent of the government that's there, and if that government withholds consent, then you don't have a legal entitlement to be there.

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  If you altered the refugee definition to remove the requirement that somebody be outside their country of origin, the practical problems of accessing them and trying to deliver protection would remain. I don't think that it's so much a question of whether you want to change the r

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  It's a...proposal, but you have, I think, an existing problem you have to address. The previous government created a regime that designated certain countries as “safe”, and that designation was based on the premise that a refugee claim made by anybody who was a citizen of that co

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  It would be open to whoever meets the refugee definition. Yazidis meet the refugee definition. There may be others who meet the refugee definition. You wouldn't want to pre-empt those who are in need of protection from accessing it on the grounds of their religion, as it were, in

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  I don't know that there is a legal answer to that question. It seems to me that it resides in the domain of politics. It is not obvious to me within a framework of law how a process that is already set up in law could be halted or under what legal authority the Prime Minister's

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  You know, I think others can answer that question as well as I can. However, let me say this: what matters is integrity and a commitment to the rule of law. That involves, among other things, transparency and acting according to legal authority. We have a legal framework in Cana

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  I would like to thank the committee for the opportunity to speak to you today from Windsor. I support what I understand to be a proposal to restore the source country class, which was eliminated under the previous government. I do not bring to this subject any specific expertis

July 18th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  You may decide that there's no statute of limitations for war crimes or crimes against humanity. You may decide that there ought to be a statute of limitations for misrepresentation with relation to some lesser issue that might be grounds for revocation. Of course, this is someth

April 14th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  I'm not sure citizenship is the optimal place to be trying to achieve the goal of protecting the security of Canadians. I think we might consider our criminal laws and our other security regimes. The role of citizenship in that is limited. I'm not saying it's absent, but it's lim

April 14th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  I take your question to be rhetorical. It's a version of the reciprocity. I explained that if somebody is a Canada-U.K. citizen, the country that ends up with them is simply the last one to get to the revocation of citizenship. There's obviously an arbitrariness to that. Your qu

April 14th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  I would add that there's a difference between having a rule that's unclear—what does “residence” mean—and having a rule that's reasonably clear and capable of being implemented effectively and speedily, namely “residence as physical presence”, plus an exception where people can a

April 14th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  I'll add to that. It's important that whatever the fraud or misrepresentation was, it was actually material, in the sense that had it been known, the person would not have obtained citizenship. There's the other dimension of it that might be considered, and here there is some c

April 14th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  Humanitarian and compassionate consideration is crucial in any immigration system, because one can never foresee the impact of the law in all circumstances and on all people. In this case, H and C consideration with respect to citizenship revocation should be located with the im

April 14th, 2016Committee meeting

Prof. Audrey Macklin

Citizenship and Immigration committee  My understanding from the limited research that was done following more recent changes is that they have the strongest detrimental impact on access to citizenship by people who came as refugees. I think that includes the financial dimension of it. To the extent refugees are among

April 14th, 2016Committee meeting

Prof. Audrey Macklin