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Bringing 'Em Back or Not? (I.D.'ed Cdn ISIS fighters, families, kids?)

brihard

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He also wasn't born in Canada, so perhaps we will see him stripped of his citizenship the next time we have a Conservative Government.
That would just get nuked in the Supreme Court the way it was always gonna get nuked in the Supreme Court, and cost the government a bunch of money.
 

The Bread Guy

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South of the border, the wheels grind slowly, but exceedingly fine ....
 

The Bread Guy

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Well, THAT'S a twist ....
I guess now we know one way Canada was keeping track of at least some comings & goings ...
 

KevinB

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Agreed on not as sexy a headline.

I’d argue informants are somewhat disposable assets, who do other things are their primary job and the information dealing is a secondary activity.

Spies are a mission dedicated asset and you actually value and try to get back.

Both will have case officers/handlers.

But that’s just me.
 

The Bread Guy

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Agreed on all points, but I wonder how many folks reading the headlines will think it was a Canadian int service person, not a source for someone like that?
 

CBH99

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Agreed on all points, but I wonder how many folks reading the headlines will think it was a Canadian int service person, not a source for someone like that?
Guaranteed, folks in coffee shops across the country are murmuring about how 'OUR spies did what!? Blah blah blah...'

Same folks who've only heard of CSIS like once before, And don't understand the difference between intelligence officers, agents, or the network of random ppl that gather it all.

Good thing they'll soon hear "And in other news... Trying to stay relevant while talking about covid!" and forget all about it
 

CBH99

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That would just get nuked in the Supreme Court the way it was always gonna get nuked in the Supreme Court, and cost the government a bunch of money.
Why would I get nuked in the Supreme Court?

(Genuinely curious - You guys are much more up-to-date than I am on these these types of legal matters.)


If someone is granted citizenship (aka not born here) can that citizenship not be revoked under extreme circumstances?
 

brihard

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Why would I get nuked in the Supreme Court?

(Genuinely curious - You guys are much more up-to-date than I am on these these types of legal matters.)


If someone is granted citizenship (aka not born here) can that citizenship not be revoked under extreme circumstances?

It would set up two tiers of citizenship; one revocable, the other not. Very clear cut discrimination based on national original case under s. 15 of the Charter. Now, a sufficiently motivated government could legislate it anyway and use the Notwithstanding Clause, but absent that it’s doomed to fail.
 

Maxman1

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It depends on whether they gave up citizenship of their birth country or are a dual citizen. If they have dual citizenship in another country, they could be stripped of Canadian citizenship. If they only have one citizenship, then no, because that would leave them a stateless person.
 

brihard

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It depends on whether they gave up citizenship of their birth country or are a dual citizen. If they have dual citizenship in another country, they could be stripped of Canadian citizenship. If they only have one citizenship, then no, because that would leave them a stateless person.
Separate issue, but the existence of a second citizenship would not be germane to a s.15 claim against revocation of Canadian citizenship.

Citizenship can be revoked, but that’s for fraud/misrepresentation in your citizenship process. That’s been upheld in court.
 

KevinB

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Separate issue, but the existence of a second citizenship would not be germane to a s.15 claim against revocation of Canadian citizenship.

Citizenship can be revoked, but that’s for fraud/misrepresentation in your citizenship process. That’s been upheld in court.
One could argue that if you are supporting an enemy, then your citizenship oath was taken fraudulently…
 

brihard

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One could argue that if you are supporting an enemy, then your citizenship oath was taken fraudulently…
That would have to be true at the application stage. Someone who naturalized in good faith and then radicalized later would not have obtained citizenship fraudulently. Bearing in mind that we’re in the Canadian foreign fighters thread, most of them that I’m aware of radicalized as young adults. The chain of relies being quoted here relates to Khalifa, who got scooped and convicted by the Americans. He radicalized much later in life than he naturalized.

Make no mistake, I don’t want these individuals to be citizens of Canada. This dude in particular is a total piece of shit. I’m just describing the state of our law as accurately as I can.
 
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