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Renewing wife's PR as spouse of Canadian citizen

ski

Hero Member
Nov 20, 2013
341
62
Both of us can travel to the US and have done quite a few times in the past. I would rather not use the option of entering Canada through the US as we might not be able to leave until a decision has been taken on her application. Since we have been living in Europe for quite a few years, a simpler option from a personal and professional angle would be to continue here until a sponsorship application is approved. The only challenge remains to prove that we do intend to finally settle in Canada, for which I could look at other options.
 

armoured

VIP Member
Feb 1, 2015
17,140
8,794
I will look into a PRTD application. Since our plans are flexible, the best course of action would be to apply for a PRTD a few months before we might be ready to leave for Canada. If that is granted, all is well - we go to Canada and apply for her PR card from inside Canada. If the PRTD is rejected, we prepare for a new sponsorship application.
As I said before, one possibility is to apply relatively early (eg shortly after PR card expires). If accepted, PRTD validity of one year (multi-entry) likely. If not - you would likely have sufficient time - or at least close to it - to process a new sponsorship application.

But choice is up to you and I do not know all factors.
 

Nightisyang

Newbie
Jan 27, 2022
3
0
I agree with the observations posted by @scylla but will add a bit regarding the who-accompanied-who issue.

Overall, unless policies and practices change significantly, there probably is little reason to worry; as long as you are living together, it should not matter why you are abroad. Especially so if you moved abroad together or at least close in time. That is, she should be given credit for time living abroad with you and thus be in compliance with the PR Residency Obligation.

Particular Observations:

First, there is an extensive discussion of this in the topic titled "Who-accompanied-whom can matter for PRs living with citizen spouse abroad: UPDATE" which is here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/who-accompanied-whom-can-matter-for-prs-living-with-citizen-spouse-abroad-update.579860/

Secondly, overall most indicators still suggest that IRCC does NOT question who-accompanied-who UNLESS
-- the PR never established any residence in Canada (thus could not have "accompanied" a spouse abroad, since they were not in Canada with a spouse before going abroad) OR​
-- there are other circumstances showing the PR has no real ties to a life in Canada and it is clear the citizen has gone abroad to join the PR, OR​
-- it otherwise appears the couple may not really be together abroad​

That is, for a couple who were settled and living in Canada before going abroad, who went abroad basically together, and it is clear they are living together abroad, there is little sign that IRCC questions why they went abroad or who was, in effect, going along to be with the other one. This is particularly so where the timing of the travel, of the move, indicates the couple essentially moved abroad together (not necessarily the same day, but timewise in relative proximity to one another), and they have been living together the whole time.

THAT COULD CHANGE without much notice, since the language of the statute is about accompanying the citizen spouse, not about cohabitating, and some cases (but just a small number so far as we know) have interpreted who-accompanied-who to be a deciding question. But so far there is little sign that IRCC is moving in that direction.

Which leads to . .

Thirdly, or more particularly, apart from what appears to be a lack of reporting related to Covid the last couple years, it appeared that CBSA/IRCC might have actually been trending toward more a more strict approach to the who-accompanied-who question. BUT, there was not a clear indication whether this was a change in approach or if the increased number of cases were due to identifying more PRs involving obviously egregious circumstances . . . meaning, more situations in which it was clear the PR's only tie to Canada was a citizen spouse and the citizen spouse had joined the PR abroad, the PR never really settling in Canada at all.

ADDITIONALLY:

A PR remains a PR UNLESS it is terminated by a formal decision (Reported and issued a Departure or Removal Order, or denied a PR Travel Document), or the PR becomes a citizen, or the PR formally renounces PR status. It is OK to let a PR card expire and remain expired. That does NOT affect the PR's status.

Technically a PR abroad accompanying a citizen spouse (mostly meaning living together) should not apply for a new PR card unless the PR actually returns to Canada to stay, at least stay beyond a mere visit. Rather, the PR in this situation is expected to obtain a PR Travel Document for any travel to Canada. There are many reports of such PRs coming briefly to Canada and successfully getting a new PR card. But this is not necessary.
I have no living experience in Canada and my spouse has been abroad for about 8 years before we got married.
would it be a problem if my citizen spouse sponsors me and we continue living abroad for say 15 years and finally settle in Canada permanently? We have definite plans to return with our citizen son eventually for his college education and beyond, we just do not know when we would leave for Canada and having a PR beforehand will make things more certain and convenient compared to waiting 1.5 years with possible separation from family or inability to have the legal right to work.
 

armoured

VIP Member
Feb 1, 2015
17,140
8,794
I have no living experience in Canada and my spouse has been abroad for about 8 years before we got married.
would it be a problem if my citizen spouse sponsors me and we continue living abroad for say 15 years and finally settle in Canada permanently? We have definite plans to return with our citizen son eventually for his college education and beyond, we just do not know when we would leave for Canada and having a PR beforehand will make things more certain and convenient compared to waiting 1.5 years with possible separation from family or inability to have the legal right to work.
Having been in this situation a bit: you really need to be more precise about why exactly you wish to acquire PR status so long in advance of actually settling. Perhaps there are situations in which it would make some sense. But there are disadvantages as well - and in my view, relatively few advantages.

To put it simply: PR status is not intended for those who are not living in Canada. The requirements are 'light' (two years in five within Canada) compared to other countries, but it really is not intended for your case - and disadvantages will come up.

Compare this to: if residing abroad, apply for a TRV (making it clear your spouse resides abroad i.e. your familiy unit ties abroad are stronger). IRCC commonly now issues TRVs with validity of up to ten years (or passport validity). Come and visit basically as mch as you want. Down the road, in advance of when you wish to apply for PR status, decide whether you wish to do it from within Canada or outside (inside disadvantage is you won't be able to work until complete). Note also that if you apply whle Canadian citizen sponsor is abroad, will need to show intent to return. In short, you can use time from now to prepare (including using visits to Canada to prepare to show the intent to return, like spouse maintaining some bank accounts and whatnot).

Advantages of getting PR way, way in advance - well, you can enter Canada without a visa. Not a big advantage since you can get a TRV with longer tenor than a PR card. Also you can visit some (very few) other countries with a Canadian PR card (visa waiver) - again, only as long as your PR card is valid. That really is about it.

You can apply in advance. Personally I would say applying up to two years in advance of when you expect to permanently move is fine. (With a few small caveats).

Disadvantages of applying well in advance:
-Every time you enter Canada, the issue will be whether you are actually residing in Canada. More questions if not, as a PR.
-First and foremost, you will constantly have the issue of resdiency obligation (two in five) coming up. Quite possibly leading to hearings and bureaucratic hassles and whatnot.
-You may be able to get IRCC to accept that you are accompanying spouse - but quite possibly not. The PR status doesn't guarantee anything and you can't get it approved in advance. (My gut reaction is that your case would have a somewhat-higher prob of being rejected as accompanying - but only a guess).
-If for whatever reason down the road you should lose PR status (because not living in Canada and hence not meeting residency obligation), your spouse can apply to sponsor you again. But if that happens, you should very much expect that IRCC will not accept at face value the 'intent to return' (because you and spouse did not honour previous obligations). And if that happens, there may be no practical solution except to be separated anyway.
-Expect other inconveniences and hassles - some less serious, some more serious.

As an example: my spouse immigrated independently (before we met) and then 'life happened' and she did not remain. Fast forward many years, she renounced, we visited many times, eventually planned our move and applied roughly a year in advance of when we'd planned to move. Covid happened, file was a bit slow, and effectively our move got delayed to the following summer (inconvenient but not the end of the world - although in retrospect should have applied eg six months before). [Note our PR app was only a month or two later than we'd roughly planned for, with some buffer - just that covid restrictions and issues and school requirements were a serious issue and buffer was not enough - in normal times would have all been fine.] As a couple married for many years, residing together, etc., and having planned our move, the file went smoothly (save covid).

BUT: every time we've travelled my spouse has to go through secondary inspection at passport control. The CBSA officers are up-front, it's because of the previous immigration file/resdiency obligation. I had hoped that now having re-qualified as a PR, under completely different circumstances, 10++ years later, this would stop; recently we were told by CBSA that the flag on the file would remain until she became a citizen. It's not a big deal - but if travelling a lot or when airport is busy and/or with kids, it is an added annoyance (and believe me, in covid times, any added annoyance brings us all one step closer to total frustration.) Anyway my point being these minor 'notes to file' because of issues can hang around for a long time.

It is up to you in the end. But I would seriously think carefully about this before going ahead. Take your time and prepare. It is more advantageous to apply closer to the time you expect to move permanently.
 

dpenabill

VIP Member
Apr 2, 2010
6,432
3,176
I have no living experience in Canada and my spouse has been abroad for about 8 years before we got married.
would it be a problem if my citizen spouse sponsors me and we continue living abroad for say 15 years and finally settle in Canada permanently? We have definite plans to return with our citizen son eventually for his college education and beyond, we just do not know when we would leave for Canada and having a PR beforehand will make things more certain and convenient compared to waiting 1.5 years with possible separation from family or inability to have the legal right to work.
I cannot give advice.

I can say that to qualify for family class sponsorship PR, there are requirements in addition to simply having a Canadian citizen sponsor the application. For example, while a Canadian citizen (not a Canadian PR) abroad can be eligible to sponsor a spouse's PR visa application, that is ONLY if there is a concrete plan to relocate to Canada. Moreover, technically, to qualify for a PR visa, and to meet the qualifications when landing, the person becoming a PR needs to have a present intent to settle and live permanently in Canada.

For the gambling type and those who shrug at technicalities (like following the rules), there are varying degrees of enforcement (the present-intent-to-settle-permanently requirement, for example, does not appear to be screened much let alone strictly enforced).

The particular requirements are, nonetheless, worth seriously considering (at the least), and it warrants noting that there are other wrinkles in the situation you describe (meeting the PR Residency Obligation if PR is obtained, for example, where it is blatantly obvious the PR did not accompany the citizen traveling abroad). But you can read the requirements at the IRCC website for yourself.

IRCC does not have a unified brain or mind, so it is not as if I can say what IRCC "thinks," but the preference is more or less apparent: wait until there is a genuine (real and honest) concrete plan to come to Canada to live and then begin the process, then apply for sponsored PR.

I acknowledge there seem to be more than a few anecdotal reports from or about individuals who, well, fudge some, and it appears to go OK. For now anyway. But also some anecdotal reports, and some more authoritative accounts, of cases that do not go well.

Did I mention I cannot offer advice? (He keys, shaking his head side to side.)
 

canuck78

VIP Member
Jun 18, 2017
55,438
13,462
I agree with the observations posted by @scylla but will add a bit regarding the who-accompanied-who issue.

Overall, unless policies and practices change significantly, there probably is little reason to worry; as long as you are living together, it should not matter why you are abroad. Especially so if you moved abroad together or at least close in time. That is, she should be given credit for time living abroad with you and thus be in compliance with the PR Residency Obligation.

Particular Observations:

First, there is an extensive discussion of this in the topic titled "Who-accompanied-whom can matter for PRs living with citizen spouse abroad: UPDATE" which is here: https://www.canadavisa.com/canada-immigration-discussion-board/threads/who-accompanied-whom-can-matter-for-prs-living-with-citizen-spouse-abroad-update.579860/

Secondly, overall most indicators still suggest that IRCC does NOT question who-accompanied-who UNLESS
-- the PR never established any residence in Canada (thus could not have "accompanied" a spouse abroad, since they were not in Canada with a spouse before going abroad) OR​
-- there are other circumstances showing the PR has no real ties to a life in Canada and it is clear the citizen has gone abroad to join the PR, OR​
-- it otherwise appears the couple may not really be together abroad​

That is, for a couple who were settled and living in Canada before going abroad, who went abroad basically together, and it is clear they are living together abroad, there is little sign that IRCC questions why they went abroad or who was, in effect, going along to be with the other one. This is particularly so where the timing of the travel, of the move, indicates the couple essentially moved abroad together (not necessarily the same day, but timewise in relative proximity to one another), and they have been living together the whole time.

THAT COULD CHANGE without much notice, since the language of the statute is about accompanying the citizen spouse, not about cohabitating, and some cases (but just a small number so far as we know) have interpreted who-accompanied-who to be a deciding question. But so far there is little sign that IRCC is moving in that direction.

Which leads to . .

Thirdly, or more particularly, apart from what appears to be a lack of reporting related to Covid the last couple years, it appeared that CBSA/IRCC might have actually been trending toward more a more strict approach to the who-accompanied-who question. BUT, there was not a clear indication whether this was a change in approach or if the increased number of cases were due to identifying more PRs involving obviously egregious circumstances . . . meaning, more situations in which it was clear the PR's only tie to Canada was a citizen spouse and the citizen spouse had joined the PR abroad, the PR never really settling in Canada at all.

ADDITIONALLY:

A PR remains a PR UNLESS it is terminated by a formal decision (Reported and issued a Departure or Removal Order, or denied a PR Travel Document), or the PR becomes a citizen, or the PR formally renounces PR status. It is OK to let a PR card expire and remain expired. That does NOT affect the PR's status.

Technically a PR abroad accompanying a citizen spouse (mostly meaning living together) should not apply for a new PR card unless the PR actually returns to Canada to stay, at least stay beyond a mere visit. Rather, the PR in this situation is expected to obtain a PR Travel Document for any travel to Canada. There are many reports of such PRs coming briefly to Canada and successfully getting a new PR card. But this is not necessary.
Looks like one spouse left in 2017 after receiving PR and the other only left in 2019 after getting citizenship so there seems to have been a period where they lived apart after she was granted PR and returned to Germany.
 

canuck78

VIP Member
Jun 18, 2017
55,438
13,462
I have no living experience in Canada and my spouse has been abroad for about 8 years before we got married.
would it be a problem if my citizen spouse sponsors me and we continue living abroad for say 15 years and finally settle in Canada permanently? We have definite plans to return with our citizen son eventually for his college education and beyond, we just do not know when we would leave for Canada and having a PR beforehand will make things more certain and convenient compared to waiting 1.5 years with possible separation from family or inability to have the legal right to work.
Would only apply for PR when you plan on relocating to Canada. Too many people were not returning to Canada so IRCC has started requiring quite a lot of proof that you will relocating once you are granted PR. Given that you have been abroad for almost a decade you may need to show things like new employment in Canada, that you’ve given notice to your current employer, that you’ve taken steps to sell/give notice to your current accommodations, etc.
 

Hanataha

Star Member
Jan 28, 2021
65
9
I think you should look through the various threads where individuals have successfully received PRTDs on basis of accompanying a citizen. I am not certain but recall that most have been granted multi-entry PRTDs with validity of one year - and I'm leaving aside the cases of those that got PR cards. I also think that in many/most cases where the 'accompanying' case has been established the PRTDs get renewed without too much difficulty (although not infinitely).

Looked at in that light - PRTDs granted longer-tenor and renewed relatively commonly - it seems most of your points about timing become non-issues. (And if refused, should be reasonably quick and you start sponsorship process anyway)

But repeat, since I don't claim to expertise, this seems a factual point which you can look into (rather than based on assumptions which may be incorrect).

yes, @armoured is right, i accompanied my canadian spouse in the Uae and my PR card got expired. after 6 months i applied for PRTD and got 1 year with multiple entries. i attached a cover letter that im requesting for multiple entries as i need to go back to canada to renew my PR card.
i went to canada to renew my PR card, i stayed for 1 month and then after 5 months and they asked me to pickup my card in person and my canadian spouse has to be with me.
 

Nightisyang

Newbie
Jan 27, 2022
3
0
Having been in this situation a bit: you really need to be more precise about why exactly you wish to acquire PR status so long in advance of actually settling. Perhaps there are situations in which it would make some sense. But there are disadvantages as well - and in my view, relatively few advantages.

To put it simply: PR status is not intended for those who are not living in Canada. The requirements are 'light' (two years in five within Canada) compared to other countries, but it really is not intended for your case - and disadvantages will come up.

Compare this to: if residing abroad, apply for a TRV (making it clear your spouse resides abroad i.e. your familiy unit ties abroad are stronger). IRCC commonly now issues TRVs with validity of up to ten years (or passport validity). Come and visit basically as mch as you want. Down the road, in advance of when you wish to apply for PR status, decide whether you wish to do it from within Canada or outside (inside disadvantage is you won't be able to work until complete). Note also that if you apply whle Canadian citizen sponsor is abroad, will need to show intent to return. In short, you can use time from now to prepare (including using visits to Canada to prepare to show the intent to return, like spouse maintaining some bank accounts and whatnot).

Advantages of getting PR way, way in advance - well, you can enter Canada without a visa. Not a big advantage since you can get a TRV with longer tenor than a PR card. Also you can visit some (very few) other countries with a Canadian PR card (visa waiver) - again, only as long as your PR card is valid. That really is about it.

You can apply in advance. Personally I would say applying up to two years in advance of when you expect to permanently move is fine. (With a few small caveats).

Disadvantages of applying well in advance:
-Every time you enter Canada, the issue will be whether you are actually residing in Canada. More questions if not, as a PR.
-First and foremost, you will constantly have the issue of resdiency obligation (two in five) coming up. Quite possibly leading to hearings and bureaucratic hassles and whatnot.
-You may be able to get IRCC to accept that you are accompanying spouse - but quite possibly not. The PR status doesn't guarantee anything and you can't get it approved in advance. (My gut reaction is that your case would have a somewhat-higher prob of being rejected as accompanying - but only a guess).
-If for whatever reason down the road you should lose PR status (because not living in Canada and hence not meeting residency obligation), your spouse can apply to sponsor you again. But if that happens, you should very much expect that IRCC will not accept at face value the 'intent to return' (because you and spouse did not honour previous obligations). And if that happens, there may be no practical solution except to be separated anyway.
-Expect other inconveniences and hassles - some less serious, some more serious.

As an example: my spouse immigrated independently (before we met) and then 'life happened' and she did not remain. Fast forward many years, she renounced, we visited many times, eventually planned our move and applied roughly a year in advance of when we'd planned to move. Covid happened, file was a bit slow, and effectively our move got delayed to the following summer (inconvenient but not the end of the world - although in retrospect should have applied eg six months before). [Note our PR app was only a month or two later than we'd roughly planned for, with some buffer - just that covid restrictions and issues and school requirements were a serious issue and buffer was not enough - in normal times would have all been fine.] As a couple married for many years, residing together, etc., and having planned our move, the file went smoothly (save covid).

BUT: every time we've travelled my spouse has to go through secondary inspection at passport control. The CBSA officers are up-front, it's because of the previous immigration file/resdiency obligation. I had hoped that now having re-qualified as a PR, under completely different circumstances, 10++ years later, this would stop; recently we were told by CBSA that the flag on the file would remain until she became a citizen. It's not a big deal - but if travelling a lot or when airport is busy and/or with kids, it is an added annoyance (and believe me, in covid times, any added annoyance brings us all one step closer to total frustration.) Anyway my point being these minor 'notes to file' because of issues can hang around for a long time.

It is up to you in the end. But I would seriously think carefully about this before going ahead. Take your time and prepare. It is more advantageous to apply closer to the time you expect to move permanently.
We want to move to Canada but i work in aviation and the industry isn't too hot in canada now. I need the PR to get a job there and failing which we will remain outside canada where i can find work.
 

jakklondon

Hero Member
Oct 17, 2021
582
139
Hello all,

I have been a Canadian citizen since 2019 and prior to that got my PR in 2014. Since August 2019, I have been living in Germany as my wife got a job here. We have been married for 7 years and we got married in Toronto. I had sponsored her for Canadian PR and she got it in January 2017. Her PR is about to expire in Feb 2022. She has lived less than a month in Canada, so she is nowhere near meeting residency requirements.

A couple of years back when I was researching the possibility of the spouse of a Canadian citizen maintaining PR status, there was a clause about who accompanied who. So if the spouse accompanied the citizen, the days spent abroad might count, but if it was the citizen who accompanies the spouse (which is my case), it would not count. Now, I checked out the latest residency requirements:
Can my time abroad count toward my permanent resident status? (cic.gc.ca)
This seems to state that if the spouse was with a citizen, the time spent would count. Has the rule changed and are they now more liberal about residency with respect to spouses of citizens?

Thanks in advance.
The way modern time serf owners wrote the law is that PR must be chained to C. non-stop (lo and behold, some PRs go to Germany and get a well paid, professional job! They should have stayed in C. as rikshaws! What else the serfs are needed for?).

Some exceptions to the rule exist, one of them is when PR is accompanying Canadian citizen abroad. Such time is counted as in compliance with RO. But, as you pointed out, your spouse won't qualify for it because she didn't accompany you, it is you who accompanied her when she got a job in Germany. Since you don't plan to return to C. anytime soon, why don't you, on your own initiative, travel to some nearby EU country and take her with you? You could decide to move to Portugal or Greece, where cost of living is extremely low, and stay there for couple of years (either working remotely for your current employers, or using some of your savings, while having a blast and lots of fun, best part of which is laughing loudly in the face of Orwellian Triple Hermetic Secret Worshippers). This would qualify the next two years of her stay , while accompanying you, as time spent to comply with RO. Then you could apply for her PR renewal or PRTD, and eventually fly back to Canada.
 
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armoured

VIP Member
Feb 1, 2015
17,140
8,794
We want to move to Canada but i work in aviation and the industry isn't too hot in canada now. I need the PR to get a job there and failing which we will remain outside canada where i can find work.
Your original question (at least in this thread) was "would it be a problem if my citizen spouse sponsors me and we continue living abroad for say 15 years and finally settle in Canada permanently."

This is a completely different scenario than what you've described just now.

Pick a lane.
 

scylla

VIP Member
Jun 8, 2010
95,798
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Toronto
Category........
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We want to move to Canada but i work in aviation and the industry isn't too hot in canada now. I need the PR to get a job there and failing which we will remain outside canada where i can find work.
Your wife can certainly sponsor you from outside of Canada. To be approved, the application will need to include evidence that you and your wife will relocate to live in Canada permanently once the PR visa is approved. It sounds like your wife has been living outside of Canada for quite some time now. If that's the case, you'll want to make sure this evidence to will relocate is quite strong (e.g. property ownership, job offer, etc.).
 
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ski

Hero Member
Nov 20, 2013
341
62
The way modern time serf owners wrote the law is that PR must be chained to C. non-stop (lo and behold, some PRs go to Germany and get a well paid, professional job! They should have stayed in C. as rikshaws! What else the serfs are needed for?).

Some exceptions to the rule exist, one of them is when PR is accompanying Canadian citizen abroad. Such time is counted as in compliance with RO. But, as you pointed out, your spouse won't qualify for it because she didn't accompany you, it is you who accompanied her when she got a job in Germany. Since you don't plan to return to C. anytime soon, why don't you, on your own initiative, travel to some nearby EU country and take her with you? You could decide to move to Portugal or Greece, where cost of living is extremely low, and stay there for couple of years (either working remotely for your current employers, or using some of your savings, while having a blast and lots of fun, best part of which is laughing loudly in the face of Orwellian Triple Hermetic Secret Worshippers). This would qualify the next two years of her stay , while accompanying you, as time spent to comply with RO. Then you could apply for her PR renewal or PRTD, and eventually fly back to Canada.
Spent too much time in isolation during the lockdowns? Consider getting help.
 

jakklondon

Hero Member
Oct 17, 2021
582
139
Spent too much time in isolation during the lockdowns? Consider getting help.

Unlike most I have spent no time in isolation and worked through entire pandemic not remotely.

P.S. As a true follower of Thomas Jefferson, someone who doesn't kiss behind of the other simply because they are authority or hold higher rank, I don't consider myself in need of help. Those accustomed to treat authority as deity could be the ones in need of major help, to get rid of inflicted inferiority complex and mental trauma, and start seeing everyone, including authoritah figures, for who they are (regardless of uniform worn or powers vested). I believe in republican principles, not feudal ones. Guvmint and policy makers, if dysfunctional and counter-productive, are not my Chowdhury or Raja, and will be criticized mercilessly ;)
 
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ski

Hero Member
Nov 20, 2013
341
62
Unlike most I have spent no time in isolation and worked through entire pandemic not remotely.

P.S. As a true follower of Thomas Jefferson, someone who doesn't kiss behind of the other simply because they are authority or hold higher rank, I don't consider myself in need of help. Those accustomed to treat authority as deity could be the ones in need of major help, to get rid of inflicted inferiority complex and mental trauma, and start seeing everyone, including authoritah figures, for who they are (regardless of uniform worn or powers vested). I believe in republican principles, not feudal ones. Guvmint and policy makers, if dysfunctional and counter-productive, are not my Chowdhury or Raja, and will be criticized mercilessly ;)
I guess you support the truckers in Ottawa as the true Canadians. Or are you one them? Will you get into your truck and honk after you reply to this?