Effective date of Bill C24

[bkara]

1. Its been said recently by many that citizenship is NOT a right, but a privilege . Nothing can be more BOGUS than that and the proof is citizenship through jus soli, citizenship by birth rights . People who are born here, for them citizenship is a RIGHT and not a PRIVILEGE.

So this statement in itself is an evidence of creation of second class citizens. As for some citizenship is a RIGHT and for some citizenship is a PRIVILEGE.

EXAMPLE:
A PR has a family with one child who is also a PR. Then they have second child who is born here in Canada. So for first child citizenship is a privilege and for second child its a right.

Oh please, dont bullsh#t.

2. Even if the changes to come were indicated in 2011 or prior, i would highly DOUBT that immigrants coming to Canada were listening to ministers like Kenney. Immigrants knew of the current laws as posted on the CIC site. So it goes without saying that these changes are UNFAIR.

amen to that.My kids will not be privileged.They will just be citizens just like a new citizen in this country.

STOP TRYING TO SEPARATE PEOPLE since this is something the current government has been trying to do.People who want to consider themselves superior to others usually vote for Conservatives in this country.

 

[YorkFactory]

gimme a break you are trying to convince people to shut up and not go after their rights.It is my right to know what the implication date is as a prospective applicant]

There is nothing called privilege.When you complete your time as PR,and submit all necessary documents.Sooner or later they have to give you the citizenship.You have to be superior to me to give me something I can consider privilege.

Nobody is superior to me in this country.as long as I am not criminal,do my job,file my taxes.IT IS MY RIGHT to be a citizen of this country and it is inevitable.

It is your right to be treated impartially in accordance with the laws in effect at the time of your application. You have no right to pick the laws that were in effect at the time you got PR.

The grant of citizenship is indeed a statutory privilege, and not a constitutional right.

 

[peterperez]

Are parts of this law already in effect ?

 

[bkara]

It is your right to be treated impartially in accordance with the laws in effect at the time of your application. You have no right to pick the laws that were in effect at the time you got PR.

The grant of citizenship is indeed a statutory privilege, and not a constitutional right.

we say okay to that law is law.However,this will bite this government back sooner or later.You can tell me whatever the law says since I just could not care less.I am just focused on the criminal code.

Let me tell you again.If I am a law-abiding PR in this country,the CIC sooner or later will grant me citizenship.That is my right to be citizen since I do whatever I am asked to do.

There is no privilege,I am no superior to anybody or a canada-born person is superior to me.That is what "some" people trying to do.Keep themselves above others.Sorry bud,you work,you study,you use your brain,you become something.Not with your country of origin.

Everyday I see tens of drug-addict canada-borns and also see very smart immigrants/students.If people like you keep this mindset in the next 10 years,I am taking my passport,getting my degree and moving to the USA (since a lot of people do because of this kind of attitude in this country)

 

[Martin29]

Are parts of this law already in effect ?

I think so

 

[dpenabill]

To be clear, my posts about the constitutionality of the revised provisions, including their application to PRs who landed prior to when Bill C-24 was tabled, or received Royal Assent, are observations about the applicable law, the jurisprudence as it is. I am not advocating for or against the underlying policies, or for or against efforts to further amend the law so as to make them more fair.

Reminder: the constitution does not protect against unfair laws, only those that violate the fundamental principles protecting specific rights. The remedy for an unfair law is to get Parliament to change the law. And people are surely allowed to pursue such changes in the law.

As for whether the grant of citizenship is a right or privilege, this is not a matter of opinion but is well-established in numerous judicial decisions, which in the Canadian system are law. That is, it is the law of Canada that grant citizenship is NOT a right. Whether it should be or not is a separate issue. As of now, it is not a right. Here too, those who feel strongly about this can petition Parliament to pass laws further protecting immigrant's interests relative to the process for obtaining the grant of citizenship, or to petition the government to otherwise pursue constitutional amendments which would establish citizenship as a right. (Good luck with that, one should caution.)

As for jus soli, the only judicial ruling regarding this in a long, long time, was Justice Rennie's recent ruling that there is no jus soli right to citizenship in Canada Not even those born in Canada have a constitutional right to citizenship. Citizenship is conferred by statute and is thus entirely derived from statute, according to Rennie, and thus within the authority of Parliament to determine who is entitled to citizenship status and under what conditions. (Probably some foreshadowing of legislation restricting citizenship in some so-called anchor babies scenarios.)

And, as is, under the current Citizenship Act not every person born in Canada is thereby a citizen of Canada. Only exception currently is for children born to FNs in Canada on a diplomatic visa. But it is an exception pursuant to statute.

In any event, I am merely making my best effort to accurately report what the current law is, as best I can sort it out. I leave most of the advocacy opinions for others.

 

[YorkFactory]

Let me tell you again.If I am a law-abiding PR in this country,the CIC sooner or later will grant me citizenship.That is my right to be citizen since I do whatever I am asked to do.

And until you make your application, there's absolutely nothing stopping Parliament from removing the pathway to citizenship altogether. You do not have the rights associated with citizenship until you actually become a citizen, and there is no right to become a citizen. (Even birthright citizenship is not enshrined in the constitution.)

Morally, I agree that it's proper for there to be a pathway to citizenship for PRs. But you are continuing to claim the right to become a citizen as though it's a fundamental right guaranteed in the constitution. It isn't.

 

[screech339]

To be clear, my posts about the constitutionality of the revised provisions, including their application to PRs who landed prior to when Bill C-24 was tabled, or received Royal Assent, are observations about the applicable law, the jurisprudence as it is. I am not advocating for or against the underlying policies, or for or against efforts to further amend the law so as to make them more fair.

Reminder: the constitution does not protect against unfair laws, only those that violate the fundamental principles protecting specific rights. The remedy for an unfair law is to get Parliament to change the law. And people are surely allowed to pursue such changes in the law.

As for whether the grant of citizenship is a right or privilege, this is not a matter of opinion but is well-established in numerous judicial decisions, which in the Canadian system are law. That is, it is the law of Canada that grant citizenship is NOT a right. Whether it should be or not is a separate issue. As of now, it is not a right. Here too, those who feel strongly about this can petition Parliament to pass laws further protecting immigrant's interests relative to the process for obtaining the grant of citizenship, or to petition the government to otherwise pursue constitutional amendments which would establish citizenship as a right. (Good luck with that, one should caution.)

As for jus soli, the only judicial ruling regarding this in a long, long time, was Justice Rennie's recent ruling that there is no jus soli right to citizenship in Canada Not even those born in Canada have a constitutional right to citizenship. Citizenship is conferred by statute and is thus entirely derived from statute, according to Rennie, and thus within the authority of Parliament to determine who is entitled to citizenship status and under what conditions. (Probably some foreshadowing of legislation restricting citizenship in some so-called anchor babies scenarios.)

And, as is, under the current Citizenship Act not every person born in Canada is thereby a citizen of Canada. Only exception currently is for children born to FNs in Canada on a diplomatic visa. But it is an exception pursuant to statute.

In any event, I am merely making my best effort to accurately report what the current law is, as best I can sort it out. I leave most of the advocacy opinions for others.

Thank you dpenabill for clarifying the issue of "Rights" to citizenship when there isn't. If there is no "right" to citizenship, then it must be a "privilege" to get citizenship.

+1 for you.

 

[CanadianCountry]

Clarifications on "Right" vs "Privilege" Topic:
I believe the common misunderstanding on the Privilege or Non-privilege is in its interpretation. There are two ways to see this, one a "legal point-of-view" and the other "layman-point-of-view".

From Legal-point-of-view:
Of course there is not a legally stated right to citizenship in law like other rights which are explicitly mentioned, Right to Free Speech, Right against Unlawful detention. Nowhere in law there is mention of that PRs have "Right to Citizenship", except few places. And this is true for almost all democracies. Every democracy grants citizenship by a statutory privilege and nowhere its a constitutional right.

From Layman-point-of view:
Privilege is interpreted as a FAVOR, a benefit derived by not a defined legal process but whims of bureaucracy. A privilege where the CIC will grant citizenship based on the mood of the officer. For laymen, knowing that they can apply based on meeting set criteria and will be granted citizenship after reviewal of their case by CIC is more like a right not a privilege.

IMHO.

Thank you dpenabill for clarifying the issue of "Rights" to citizenship when there isn't. If there is no "right" to citizenship, then it must be a "privilege" to get citizenship.

+1 for you.

 

[screech339]

Clarifications on "Right" vs "Privilege" Topic:
I believe the common misunderstanding on the Privilege or Non-privilege is in its interpretation. There are two ways to see this, one a "legal point-of-view" and the other "layman-point-of-view".

From Legal-point-of-view:
Of course there is not a legally stated right to citizenship in law like other rights which are explicitly mentioned, Right to Free Speech, Right against Unlawful detention. Nowhere in law there is mention of that PRs have "Right to Citizenship", except few places. And this is true for almost all democracies. Every democracy grants citizenship by a statutory privilege and nowhere its a constitutional right.

From Layman-point-of view:
Privilege is interpreted as a FAVOR, a benefit derived by not a defined legal process but whims of bureaucracy. A privilege where the CIC will grant citizenship based on the mood of the officer. For laymen, knowing that they can apply based on meeting set criteria and will be granted citizenship after reviewal of their case by CIC is more like a right not a privilege.

IMHO.

It really doesn't matter what one thinks whether it is a privilege or not. What matters is that citizenship is not a right as a few assumed to be. There is a huge difference in having a right to apply when one qualifies for citizenship to a right to citizenship itself.

 

[CanadianCountry]

It does matter to people.

It really doesn't matter what one thinks whether it is a privilege or not. What matters is that citizenship is not a right as a few assumed to be. There is a huge difference in having a right to apply when one qualifies for citizenship to a right to citizenship itself.

 

[screech339]

It does matter to people.

Yes to people who thinks citizenship is a "right".

 

[CanadianCountry]

You are still mixing things up.

Everything (in life) comes as privilege and nothing comes from right. All rights can be suspended so they come with conditions applied. But no one wants to live and think they have no rights.

You are still talking this from the narrow domain of legal view, its your wish how you are going to view this.

Yes to people who thinks citizenship is a "right".

 

[AUTO101]

we say okay to that law is law.However,this will bite this government back sooner or later.You can tell me whatever the law says since I just could not care less.I am just focused on the criminal code.

Let me tell you again.If I am a law-abiding PR in this country,the CIC sooner or later will grant me citizenship.That is my right to be citizen since I do whatever I am asked to do.

There is no privilege,I am no superior to anybody or a canada-born person is superior to me.That is what "some" people trying to do.Keep themselves above others.Sorry bud,you work,you study,you use your brain,you become something.Not with your country of origin.

Everyday I see tens of drug-addict canada-borns and also see very smart immigrants/students.If people like you keep this mindset in the next 10 years,I am taking my passport,getting my degree and moving to the USA (since a lot of people do because of this kind of attitude in this country)

First of all, it is not anyone's right to be a citizen of another country. If a country (such as Canada) allows for people to become citizen, it doesn't become anyone's right automatically. It is a privilege.. They make the rules, not YOU.. And PLEASE don't act like Canada owes you something. Canada doesn't owe you anything....

Insulting Canadian born people saying you have seen them doing drugs and that there are very smart immigrants only proves you discriminate yourself, and yet you want everyone to treat you equally?? shame on you... If immigrants had been so straightforward from day 1 and not abused the system, no one will have seen all these restrictions been placed....

Your post does prove you only want passport so you can move to USA or some other place... and for that very reason; these rules are being applied..... if you are not LOYAL to CANADA, please don't become citizen and hurt the image of other immigrants who truly want to be here till their last breath, giving back to the community and this very great nation.....

 

[DND]

Practical question:

For these who become eligible in the next few weeks/months. What is the best strategy?
Should one apply immediately after he meets the 1095 days requirement? Should he wait to get a few extra days?