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

Machjo

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In addition ... or course if she answered her own citizenship correctly than not at all.

Ouch! In that case, just deport her daughter's only?

What a mess of a law. We can blame the Conservatives for passing the law, but the Liberals have been aggressively enforcing it none-the-less. Had they not been doing so generally, then there would have been a case to leave Minister alone too. But that they had been doing so generally, then that removes any excuse to not deport her too otherwise it would be a double standard.

Strangely enough, Monsef's case will bite both the Conservatives and the Liberals in the butt. The Conservatives for crafting it and making it law, and the Liberals for having enforced it aggressively until now. Its effect now has a human face.

The NDO could gain a little from this if it can avoid partisan attacks, but that won't happen. Just wait, the NDP will make this a partisan issue and so revert any gain it makes from this. Just watch.
 

IdRatherBeSkiing

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Ouch! In that case, just deport her daughter's only?

What a mess of a law. We can blame the Conservatives for passing the law, but the Liberals have been aggressively enforcing it none-the-less. Had they not been doing so generally, then there would have been a case to leave Minister alone too. But that they had been doing so generally, then that removes any excuse to not deport her too otherwise it would be a double standard.

Strangely enough, Monsef's case will bite both the Conservatives and the Liberals in the butt. The Conservatives for crafting it and making it law, and the Liberals for having enforced it aggressively until now. Its effect now has a human face.

The NDO could gain a little from this if it can avoid partisan attacks, but that won't happen. Just wait, the NDP will make this a partisan issue and so revert any gain it makes from this. Just watch.

I think the spirit was to cut down on immigration fraud. It sounds like the law needs to be tuned. But since the Lieberals have been aggressively enforcing it, they can't make exceptions.
 

Machjo

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I think the spirit was to cut down on immigration fraud. It sounds like the law needs to be tuned. But since the Lieberals have been aggressively enforcing it, they can't make exceptions.

Not without looking like hypocrites.

The Conservatives should have thought about this when they passed it. A responsible government passes a conservative law, sees how it works out, and then can toughen it gradually over time while always considering its human impact. The Conservatives totally ignored the human face of the law and so did the Liberals when they started it. IRPA and other such laws need a major major iverhaul, not tweeking.

Here's what could happen. The government quickly passes an emergency bill forgiving any false claim that on a balance of probabilities does not threaten national security, retroactive 35 years (to cover her age).

Bam! Monsef and her family are off the hook, x% of IRB cases are suddenly dropped,and some people stripped of citizenship regain it.

At least that way they can say that it applies to all and not just a cabinet minister, even though we still know it is her human face that would have made it happen.
 

gerryh

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Nov 21, 2004
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Untill this is sorted out, and the question of her citizenship put to rest, she needs to vacate her seat.
 

Machjo

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Simple solution would be to pass a law that one must be born in Canada to run for public office.

Would that not take away the voter's freedom of choice too? What if I think the best local resident for the job is not born in Canada and that leaves me with an idiot instead?

Would that not take away the voter's freedom of choice too? What if I think the best local resident for the job is not born in Canada and that leaves me with an idiot instead?

And what about the children of soldiers, diplomats, and businessmen born abroad?
 

Remington1

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Jan 30, 2016
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I would say like everything else in life, there are exceptions. Did she break a law, yes; knowingly, I don't think so. Should people who lie on their application (BTW that can be on any subject, job app/citizenship/education) should not and cannot be tolerated, if your lying, there is always a reason. The law is not absurd at all, why? it is necessary. Who wants to be treated by a doctor, who was in a taxi driver in his country and had not even passed grade 7 (true story). This one is an exception and should be treated as an exception. Laws are written for the bigger picture.
 

pgs

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Would that not take away the voter's freedom of choice too? What if I think the best local resident for the job is not born in Canada and that leaves me with an idiot instead?



And what about the children of soldiers, diplomats, and businessmen born abroad?
Maybe just make it born as a Canadian then .
 

Machjo

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So if the Queen decided to renounce the throne, immigrate to Canada,and become a citizen, even she couldn't run for member of parliament?
 

Machjo

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I would think she would remain a citizen as she is not renouncing that. We have not concept of conditional citizenship as far as I know.

If I'm not mistaken, she is not a citizen of Canada, but I would have to look that up.

If that is the case, then all of her prerogatives in Canada stem from her Crown.
 

IdRatherBeSkiing

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If I'm not mistaken, she is not a citizen of Canada, but I would have to look that up.

If that is the case, then all of her prerogatives in Canada stem from her Crown.

That is possible. I don't know the legalize here. But if she is, not being Queen anymore would not revoke it.