Maryam Monsef case highlights ‘absurdity’ of Canadian law, refugee lawyers say

The Minister did commit during parliamentary committee hearings last spring to address the lack of due process for citizenship revocation in cases of fraud or misrepresentation. This court challenge likely reflects frustration that no action has been taken to date:

Maryam Monsef could be stripped of her citizenship without a hearing under a law the Liberals denounced while in opposition but which they’ve been enforcing aggressively since taking power, civil liberties and refugee lawyers say.

The democratic institutions minister revealed last week that she was born in Iran, not Afghanistan as she’d long believed. She said her mother, who fled Afghanistan with her daughters when Monsef was 11, didn’t think it mattered where the minister was born since she was still legally considered an Afghan citizen.

Monsef has said she will have to correct her birthplace information on her passport.

If Monsef’s birthplace was misrepresented on her citizenship application as well, that would be grounds for revocation of citizenship, regardless of whether it was an innocent mistake or the fault of her mother, said immigration lawyer Lorne Waldman.

Misrepresentation could lead to deportation

And if the misrepresentation was on her permanent residence and refugee applications, she could even be deported, said Waldman, part of a group that launched a constitutional challenge of the law Monday.

The Canadian Association of Refugee Lawyers and the British Columbia Civil Liberties Association argue that the law, known as Bill C-24, is procedurally unfair and a violation of the Charter of Rights and Freedoms.

Josh Paterson, the BCCLA’s executive director, said Monsef’s case demonstrates the absurdity of the law, which was passed by the previous Conservative government.

“The minister’s situation … is exactly the kind of situation that many other Canadians are facing right now because of this unjust process,” Paterson told a news conference.

“When we get a parking ticket, we have a right to a court hearing … You leave your garbage in the wrong place and you get a ticket, you have the right to a hearing and yet for citizens to lose their entitlement to membership in Canada based on allegations of something they may or may not have said 20 years ago, they have no hearing? It just doesn’t make any sense.”

Law to be enforced

When he was in opposition, John McCallum denounced the law as “dictatorial” and since becoming immigration minister, he’s promised to amend it to create an appeal process, Paterson said.

Nevertheless, repeated requests that the government stop enforcing the law until it can be changed have been ignored. As recently as two weeks ago, Paterson said Justice Department lawyers informed his group that the law would continue to be enforced.

Source: Maryam Monsef case highlights ‘absurdity’ of Canadian law, refugee lawyers say – Politics – CBC News

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About Andrew
Andrew blogs and tweets public policy issues, particularly the relationship between the political and bureaucratic levels, citizenship and multiculturalism. His latest book, Policy Arrogance or Innocent Bias, recounts his experience as a senior public servant in this area.

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