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lawsuits against C24

braindead

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May 25, 2011
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Hi everyone.

It is common knowledge that anyone applying for citizenship after June/July 2015 will be subject to C24. What I'm unsure of is, what is the progress on the lawsuits against it? Also, how strong are these lawsuits (is there any hope that they'd be able to reverse this law before july 2015)?
 

zardoz

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braindead said:
Hi everyone.

It is common knowledge that anyone applying for citizenship after June/July 2015 will be subject to C24. What I'm unsure of is, what is the progress on the lawsuits against it? Also, how strong are these lawsuits (is there any hope that they'd be able to reverse this law before july 2015)?
I believe that there is zero chance of any successful lawsuit before then.
 

YorkFactory

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What part of the new law do you take issue with? You are incredibly unlikely to be able to successfully challenge the increased residency requirements.
 

screech339

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Any lawsuit over the extended residency citizenship will get nowhere. The only portion of the C-24 that may get anywhere with a lawsuit is the stripping of citizenship from dual citizens.
 

Eminem slim shady

Full Member
Aug 2, 2014
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screech339 said:
Any lawsuit over the extended residency citizenship will get nowhere. The only portion of the C-24 that may get anywhere with a lawsuit is the stripping of citizenship from dual citizens.
Frankly I even doubt such a lawsuit will even be heard, so never mind the supreme court. The tories have made sure its full proof and have provisions that the court will find acceptable. Other countries have successfully done so, Australia is looking into doing so as well, The UK have that law in place and many others too. International law doesn't prohibit stripping of citizenship to someone that has dual citizenship, regardless of where that citizenship is from and stripping of citizenship can be justified by various reasons. I think lots of people are heavily inconvenienced by this new legislation, but to say its unconstitutional is absolutely wrong. If one doesn't like this law, it doesn't mean its illegal.
 

Intel

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Eminem slim shady said:
Frankly I even doubt such a lawsuit will even be heard, so never mind the supreme court. The tories have made sure its full proof and have provisions that the court will find acceptable. Other countries have successfully done so, Australia is looking into doing so as well, The UK have that law in place and many others too. International law doesn't prohibit stripping of citizenship to someone that has dual citizenship, regardless of where that citizenship is from and stripping of citizenship can be justified by various reasons. I think lots of people are heavily inconvenienced by this new legislation, but to say its unconstitutional is absolutely wrong. If one doesn't like this law, it doesn't mean its illegal.
Having other countries applying certain measures does not mean that these measures are legal or constituational for Canada.

The key issue with the new law is the revocation process. It is not acceptable (and I strongly believe it is illegal) to revocate citizenship without a fair trial. Giving the revocation power to bureaucrats will greatly reduce chances of having a fair trial.
 

May2010applicant

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Hi Eminem slim shady what is the source of your information about Australia? I haven’t come across any news / discussion about it “Australia is looking into doing so as well”. Kindly elaborate. Thanks.

Eminem slim shady said:
Frankly I even doubt such a lawsuit will even be heard, so never mind the supreme court. The tories have made sure its full proof and have provisions that the court will find acceptable. Other countries have successfully done so, Australia is looking into doing so as well, The UK have that law in place and many others too. International law doesn't prohibit stripping of citizenship to someone that has dual citizenship, regardless of where that citizenship is from and stripping of citizenship can be justified by various reasons. I think lots of people are heavily inconvenienced by this new legislation, but to say its unconstitutional is absolutely wrong. If one doesn't like this law, it doesn't mean its illegal.
 

Eminem slim shady

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Aug 2, 2014
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May2010applicant said:
Hi Eminem slim shady what is the source of your information about Australia? I haven't come across any news / discussion about it “Australia is looking into doing so as well”. Kindly elaborate. Thanks.
Hie there...oh yeah yes, if there is any country in this world that take immigration seriously is Australia. Google Australia citizenship news and various articles will show up courting Australian politicians looking to table measures to revoke citizenship of Australians going to fight for ISIS and other terrorist groups.Cancelling passports is another measure they are discussing too. If you are wrong, beer is on you! I take Budweiser, NOT Alxander Keiths! LOOL
 

Eminem slim shady

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Aug 2, 2014
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Intel said:
Having other countries applying certain measures does not mean that these measures are legal or constituational for Canada.

The key issue with the new law is the revocation process. It is not acceptable (and I strongly believe it is illegal) to revocate citizenship without a fair trial. Giving the revocation power to bureaucrats will greatly reduce chances of having a fair trial.
My point is other like minded justices have given such laws a green light, so that could likely pass here as well.There are merits on such provisions in similar justices that cant be ignored in our justice system here. I don't think its illegal because you have to meet certain conditions for you to successfully apply and be granted Canadian citizenship and if you are suspected of or engaging in terrorist activities, that's a serious crime that should have repercussions in not only jail terms but removing you from this society by revoking your status here. You commit to destroy and endanger innocent lives , you deserve to be banished and neutered . If you drive irresponsibly and result in hurting or killing someone, you deserve to have your licence taken away. You deserve to be stripped of the priviledge of the state that granted you such priviledges if you engage in serious criminal activity ANYWHERE.Now, since its an immigration related action, a hearing will ofcourse be conducted if this accused disputes the state. However without a doubt, the state will have a mountain of evidence against you and since terrorists love to show off their activities, the overwhelming evidence will be too great to overrule. The accused still has legal options but the biggest lesson here is stay away from suspicious activities, report such activities to law enforcement if you are being coerced or invited to join such things. Remember, Minister Alex can now grant you citizenship if you meet the conditons through his ministerial delegates, that also means he has the legal right to revoke it if you commit the very acts that are prohibited in eligibility requirements.
 

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@ Eminem,

I don't think anyone is against revocation of citizenship if there is concrete proof that the person committed a serious crime abroad. The issue is, should this decision be made by a bureaucrat/politician or learned Judges?

Also, you are assuming that anyone convicted of serious crimes overseas will actually have a fair trial. You do know there are countries with dictators who arrest and sentence people without trials(much less fair trials) or arrest and convict on trumped up charges, right? Does North Korea ring a bell?

If the minister bases citizenship revocation on such a case, can he really say justice was served? Is this fair to the person? These are reasons for which - a) Judges remain the only persons equipped to deal with such matters; b) people need to have an opportunity in Canada to be heard before a Judge, all facts taken into consideration before a decision is made to either agree to the revocation or reject the Minister's decision.

What happens if someone's citizenship is revoked based on such bogus conviction and they are proven to be infact not guilty 5 yrs later?

These are questions I intend to ask any politicians canvassing for votes in my neighborhood come October 2015. It is a dangerous precedent to give such powers to one human.
 

alphazip

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SenoritaBella said:
@ Eminem,

I don't think anyone is against revocation of citizenship if there is concrete proof that the person committed a serious crime abroad.
I am against revocation of citizenship under any circumstances except fraud. A person born in Canada (without other citizenships) isn't stripped of his/her citizenship for committing a crime. Why should a naturalized Canadian be treated any differently? If a citizen commits a crime, charge him/her in court. That's how crimes are dealt with, not by the medieval custom of banishment!
 

Loulou79

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Eminem slim shady said:
Frankly I even doubt such a lawsuit will even be heard, so never mind the supreme court. The tories have made sure its full proof and have provisions that the court will find acceptable. Other countries have successfully done so, Australia is looking into doing so as well, The UK have that law in place and many others too. International law doesn't prohibit stripping of citizenship to someone that has dual citizenship, regardless of where that citizenship is from and stripping of citizenship can be justified by various reasons. I think lots of people are heavily inconvenienced by this new legislation, but to say its unconstitutional is absolutely wrong. If one doesn't like this law, it doesn't mean its illegal.
When Australia increased the residency requirement from 2 years to 4, it applied it to newcomers not to PR holders.
 

BLT

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Jul 30, 2014
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alphazip said:
I am against revocation of citizenship under any circumstances except fraud. A person born in Canada (without other citizenships) isn't stripped of his/her citizenship for committing a crime. Why should a naturalized Canadian be treated any differently? If a citizen commits a crime, charge him/her in court. That's how crimes are dealt with, not by the medieval custom of banishment!
Not normal crimes though, only super crimes like terrorism, war criminal, and fighting against Canada. You know what, very very extremely seldom people will be involved in these crimes, so don't worry about it. What you should be worried about, is the declaration about the intention to stay forever in Canada. What if 20 years later you are being offered a life changing job and move to take the opportunity, being revoked?? This offer could also come from your company in Canada, like if they open a branch in other country and ask you to manage the branch.
 

Eminem slim shady

Full Member
Aug 2, 2014
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SenoritaBella said:
@ Eminem,

I don't think anyone is against revocation of citizenship if there is concrete proof that the person committed a serious crime abroad. The issue is, should this decision be made by a bureaucrat/politician or learned Judges?

Also, you are assuming that anyone convicted of serious crimes overseas will actually have a fair trial. You do know there are countries with dictators who arrest and sentence people without trials(much less fair trials) or arrest and convict on trumped up charges, right? Does North Korea ring a bell?

If the minister bases citizenship revocation on such a case, can he really say justice was served? Is this fair to the person? These are reasons for which - a) Judges remain the only persons equipped to deal with such matters; b) people need to have an opportunity in Canada to be heard before a Judge, all facts taken into consideration before a decision is made to either agree to the revocation or reject the Minister's decision.

What happens if someone's citizenship is revoked based on such bogus conviction and they are proven to be infact not guilty 5 yrs later?

These are questions I intend to ask any politicians canvassing for votes in my neighborhood come October 2015. It is a dangerous precedent to give such powers to one human.
I don't think you understood my post...Again,Obviously there is going to be a hearing and the accused will have their legal options and chance to state their case. However,the Canadian gvt representative, be it a ministers delegate,lawyers etc will present evidence (a judge is a judge, no such thing as a learned judge!) will present their case as to why the accused citizenship should be revocked. The onus will be on the accused to prove otherwise as the gvt will have a mountain of evidence against this person.I am extremely confident in this gvts ability to detect who really does deserve to have their citizenship revocked. Law enforcement as well as the Canadian intelligence organisation here are competent, non partisan and will take the case to where ever the EVIDENCE leads them to. So if you are dragged to a hearing by these organisations , you have a case to answer. If you truly didn't do ANYTHING wrong, then the evidence or lack of will exonerate you. WHy fear if you have nothing to hide? Remember terrorist investigations are deep and thorough, no stone is unturned , so if you are innocent you wont have to worry.

Ofcourse rogue countries are known to fabricate things and occasionally are truthful. All such claims will be investigated by law enforcement and credible evidence will always be unearthed. No doubt in my mind if you are innocent , you will exonerated , and no doubt if you are found guilty, you are guilty. Normally people who end up in such situations always have a case to answer, be it aiding and supporting, or what ever minor role they think they played in terrorist activities. Humanitarian workers, journalists, activists, who are CLEAN have evidence on their side that is credible and proven.


SOunds to me, your only issue here is such decisions have to made by a judge and not a politician? Well remember elections?? Minister Alex is an elected official, a man who is won an election and charged to represent his riding and Canadians in the scope of immigration. He is charged with protecting our borders and delivering immigration services. He has the legal right to appoint delegates who carry out his exact mandates and has legal rights to deny and take away services and documents to those that violate the intergrity of such priviledges. He is not just a politician,he works for a legal gvt, is in charge of legal department , a legal framework that is deemed constitutional and works hand in hand with other legal departments such as the justice ministry, RCMP, CSIS, community organizations. They already have the blessings of the judicial system and have a legal team of lawyers who assist in crafting such provisions.
 

Eminem slim shady

Full Member
Aug 2, 2014
43
2
alphazip said:
I am against revocation of citizenship under any circumstances except fraud. A person born in Canada (without other citizenships) isn't stripped of his/her citizenship for committing a crime. Why should a naturalized Canadian be treated any differently? If a citizen commits a crime, charge him/her in court. That's how crimes are dealt with, not by the medieval custom of banishment!
Im completely 100% in support of that provision. This law also applies to Canadians born here but have dual citizenship elsewhere. And let me remind you, if you are naturalized citizen AND HOLD ANOTHER CITIZENSHIP, you will be stripped of CAnadian citizenship too. This law goes both ways. But if you don't possess another citizenship,(say you renounce your foreign one) you wont be stripped of your Canadian citizenship if you are charged with terrorism.You will be jailed. The law clearly states this, I think a lot of people don't really understand this law at all. Either way, you wont be stateless, Minister Alex has made that clear.