Effect of Rocco Galati's petition against Bill C-24

[CanadianCountry]

The hearing is coming Oct 23rd at the Ontario Supreme Court.

Any ideas what could come out of this petition? Is there a possibility the Bill C-24 be quashed by the court?

 

[CanadianCountry]

Any comment or opinion?..

 

[MUFC]

According to some immigration lowers this is one of the reasons why there is no cut off date set so far.

The court has to be sure how to read and imply the text in the Bill, but there are still some problems with the wording in the bill.

So yes this challenge is affecting the bill apparently.

 

[CanadianCountry]

For kind information of my fellow forum members, in 2014 itself there were about 3 or 4 bills which were quashed by the courts. The government was given a year to make corrections to those laws and submit back to the courts.

In such a situation if Bill C24 is deemed improper by the courts the "coming into force" date of June/July 2015 would become inconsequential.

Infact then the coming into force date will get pushed into 2016 or so.

My 2cents.

 

[CanadianCountry]

Thanks MUFC for your reply.

 

[SinghLovCan]

For kind information of my fellow forum members, in 2014 itself there were about 3 or 4 bills which were quashed by the courts. The government was given a year to make corrections to those laws and submit back to the courts.

In such a situation if Bill C24 is deemed improper by the courts the "coming into force" date of June/July 2015 would become inconsequential.

Infact then the coming into force date will get pushed into 2016 or so.

My 2cents.

If that happens, it will make my day !

 

[CanV]

It seems like most people are confused what the petition is about. It is NOT about the 4/6 years or the intention to reside or the pre-PR time. It is about the revoking of citizenship from certain individuals. The argument is that the bill creates 2 classes of citizens where some could have their citizenship revoked and some couldn't. It also points out that CIC has given itself "too much" power by eliminating citizenship judges from the process.

So whoever got hopes up that it will delay when the 4/6 rule will come into effect, bring your hopes back down.

 

[us2yow]

I agree with CaV's assessment.
4
I don't think they will simply junk the whole bill. That doesn't make sense... The 4/6 rule which is part of a larger suite of reforms to BOTH improve and eliminate current backlogs and strengthen the future value of citizenship is most def. likely to remain.

The controversial STRIPPING citizenship clause which is being hotly contested in Galati's bill is the one that is the subject of the lawsuit.

4/6 is to do with efficiency and program admin/ and integrity. But Stripping is to do with constitutionality is a FAR SLIPPERIER SLOPE !

 

[MUFC]

According to some of the immigration lowers their idea is to implement all the changes at once as a package, and because part of the package is challenged they are setting the major changes concerning the applicants on hold.

So far only administrative changes have happened in order to improve the processing time, but the process from the point of view of the applicant and the requirements are still the same.

 

[BLT]

Actually the 4/6 is faster. Before, after 3 years you could apply, but it would take 2 years to be granted, so total 5 years. After the 4/6, they say processing time will be about 8 months or less, so total is less than 5 years.
Consider your time before PR in previous application, so you apply after 2 years of PR, in total still take about 4 years to get the citizenship. So not much different.
However, the thing about people must declare their intention to stay in Canada after being a citizen, is scary. What if in future you get a life-changing job offer from over seas, you will have to decide either being revoked or decline the opportunity.

 

[Travel Dream]

Actually the 4/6 is faster. Before, after 3 years you could apply, but it would take 2 years to be granted, so total 5 years. After the 4/6, they say processing time will be about 8 months or less, so total is less than 5 years.
Consider your time before PR in previous application, so you apply after 2 years of PR, in total still take about 4 years to get the citizenship. So not much different.
However, the thing about people must declare their intention to stay in Canada after being a citizen, is scary. What if in future you get a life-changing job offer from over seas, you will have to decide either being revoked or decline the opportunity.

it is clearly mentioned in the bill that the intention must continue until the oath.
For the purposes of paragraphs (1)(c.1) and 11(1)(e), the person's intention must be continuous from the date of his or her application until they have taken the oath of citizenship.
http://www.parl.gc.ca/HousePublications/Publication.aspx?doc=C-24&pub=bill&File=4

 

[BLT]

it is clearly mentioned in the bill that the intention must continue until the oath.
For the purposes of paragraphs (1)(c.1) and 11(1)(e), the person's intention must be continuous from the date of his or her application until they have taken the oath of citizenship.
http://www.parl.gc.ca/HousePublications/Publication.aspx?doc=C-24&pub=bill&File=4

What about after oath? I heard they can revoke if you stay in other country and cut residence ties with Canada (passport of convenience).

 

[Travel Dream]

What about after oath? I heard they can revoke if you stay in other country and cut residence ties with Canada (passport of convenience).

I copied the same sentence from the bill. They illustrate the intention section. must be continuous from the date of his or her application until they have taken the oath

They made the intention rule to for people who complete the resident time and apply and travel during the application process. without judge, the officer can reject your application for this reason

 

[SinghLovCan]

What about after oath? I heard they can revoke if you stay in other country and cut residence ties with Canada (passport of convenience).

If you are seeking passport of convenience, better not apply. I myself and many others have committed to building a life in Canada. I would not like to see an immigrant like you sucking out the benefits and draining our tax payer money for free. Basically apply for citizenship of a country you are committed to stay in. If you want to work in Saudi Arabia or Uganda, Somalia, Afghanistan ... Then apply in those countries.

 

[BLT]

If you are seeking passport of convenience, better not apply. I myself and many others have committed to building a life in Canada. I would not like to see an immigrant like you sucking out the benefits and draining our tax payer money for free. Basically apply for citizenship of a country you are committed to stay in. If you want to work in Saudi Arabia or Uganda, Somalia, Afghanistan ... Then apply in those countries.

Don't sing a song to me, I didn't say I was seeking passport of convenience.
What I meant was, those who cut ties after getting citizenship. They call it passport of convenience if you cut ties for no reason. But what if you being offered a life-changing job from other country, and need to cut ties for 10 years? This falls into passport of convenience stuff.