Statement from Senator Ratna Omidvar on the Federal Court of Canada Striking Down Provisions of the Citizenship Act
Today the Federal Court of Canada struck down provisions of the Citizenship Act that deal with revocation of citizenship on grounds of fraud and false representation.
The litigants in Hassouna v Minister of Citizenship and Immigration argued the government’s current revocation process is fundamentally flawed and unfair. The Federal Court agreed. It ruled that the administrative revocation process violates the Bill of Rights by not providing the right to an oral hearing in accordance with principles of fundamental justice.
Senators have argued the same. Earlier this month, the Senate decided to fix this severe lack of due process by amending the government’s signature citizenship legislation, Bill C-6, An Act to Amend the Citizenship Act. Senators Elaine McCoy, Art Eggleton, Mobina Jaffer, and André Pratte, as well as the BC Civil Liberties Association and the Canadian Association of Refugee Lawyers, were instrumental in the creation and passing of this amendment. The amended bill is now before the House of Commons. Members of Parliament may accept Senate amendments, reject or modify them.
In her ruling, Madam Justice Jocelyne Gagné said, “once acquired, citizenship is a right.” It is not a privilege that any government can give and take lightly. She continued, “the fundamental importance of the nature of the decision, specifically a determination of the Applicants’ right to remain Canadian citizens, weighs in favour of a high degree of procedural fairness.”
Justice Gagné found that four areas of due process were missing: An oral hearing, disclosure of the case against the individual, an independent decision maker, and the opportunity for humanitarian and compassionate review.
All four of these requirements are found in the Senate amendment to Bill C-6.
The decision confirms the Senate was correct, and the Government’s process does not comply with the Bill of Rights. The House of Commons has a remedy, and it comes from their colleagues in the Senate. I encourage Members of Parliament to accept the Senate amendment and restore due process to all citizens facing allegations that could result in the loss of their citizenship. Such a decision would restore due process, and like other changes in Bill C-6, would close the narrative that some Canadians have fewer rights that others. This is about due process and the equality of all citizens before the law.
For further information, please contact:
Stephanie Saunders
Office of Senator Ratna Omidvar
613-943-4330