Many of the changes to Canadian Citizenship are good. There was a divergence in the case law; 'residency' in canada did not necessary mean physical residency (or 2 feet on the ground residency). Individuals were applying for and in some cases getting citizenship when they weren't actually living in Canada. This will bring clarity to the requirements to apply. Two feet on the ground, 4 years out of 6, not continuous but minimum 6 months per year.
Some of these changes are unnecessary. As per one of my discussions on Alberta prime time, the additional language testing requirement is superfluous. http://www.albertaprimetime.com/Stories.aspx?pd=3031
I question the requirement for language testing for a 14 year old who is statutorily obligated to attend school in one of Canada's two official languages.
Some of these changes are not controversial. No one will argue against expediting citizenship for soldiers or against fixing the loophole that affected the 'lost canadians'.
Some of these changes are interesting. The Minister now has the power to grant discretionary citizenship (and revoke for those that obtain citizenship by fraud).
Some of these changes are problematic. It allows for the revocation of citizenship from dual nationals convicted of terrorism, high treason and spying offences or those who take up arms against Canada. Permanent residents who commit these acts willa also be barred from applying for citizenship. This change essentially means that there are two tiers of citizens in Canada. Those born here will not be subject to any loss of citizenship; those that hold dual nationalities will however be subject (in addition to) their conviction, the loss of citizenship. I don't think there will be any significant number of individuals stripped of their citizenship. I think this is symbolic. Sound and fury but signifying very little.
Raj Sharma J.D. LL.M Partner
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