16
The Ghanaian News May 2014
IMMIGRATION AND SOCIAL ISSUES By: James A. Kwaateng, B.A. (Hons), LLB (Hons)
A Comparative View of the Current and Proposed Canadian Citizenship Act Several and drastic proposed comprehensive reforms to the existing Citizenship Act have been announced by Canada’s Citizenship and Immigration Minister early th is yea r. The eligibility criteria for Canadian citizenship application are increasing and it is becoming increasingly tough to meet the standards. Recent introductions such as stiff language requirement, limitations placed on citizenship by descent, and cracking down on citizenship fraud, have not been enough. More dramatic changes are in the works as the Minister has revealed. Some elements of the proposed Act are substantially different from what exist today. This article briefly looks at some important elements of the proposed Act and the current Act and attempts to spell o u t t h e d i ff e r e n c e s between the two. Under the current Act,
the proposed Act. Time spent in Canada as a non-permanent resident will not be considered and will not contribute t o y o u r e l i g i b i l i t y.
residence for three out of four years (1,095 days) is required to meet eligibility criteria for citizenship application. I n f a ct , t h e c u r r e n t system does not have any specific requirement that resident be physically present in Canada. The proposed Act requires physical presence for four years (1,460 days) out of six years. Under the current system, time as a nonpermanent resident may be counted toward residence for citizenship. Thus, a person who has been in Canada for two years or more before he becomes a permanent resident will have one year counted toward residence for citizenship. This will be abolished in
The current policy does not require persons aged 54 years and over to meet language requirements and pass knowledge test. Under the proposed Act applicants aged 14-64 years must meet language requirements and pass knowledge test. The proposed Act will also dispense with the current policy which permits applicants to meet knowledge requirement with the assistance o f a n i n t e r p r e t e r. Applicants, under the proposed Act, must meet knowledge requirement in English or French. The current Act bars p er m an ent r es id en ts with domestic criminal charges and convictions from getting citizenship. The proposed Act will expand the bar on getting citizenship to people
Quebec man who killed teen daughter with slap gets 60 days in jail LONGUEUIL, Que. -A Quebec man whose teenage daughter died after he slapped her because he wasn’t happy with a chore she had done was sentenced Wednesday to 60 days in jail. Mo u ss a S id im e, 7 4, will be incarcerated on 30 consecutive Mondays and Tuesdays. He had previously pleaded guilty to manslaughter in the death of his 13-yearold daughter Noutene in October 2010. The court heard Sidime struck her because he didn’t like how she’d completed a chore and because she had been disrespectful. It was Sidime who called 911 himself after finding the girl unconscious minutes later. She died after a few days in hospital.
The Crown had been seeking a prison sentence of two years less a day, while the defence had requested a suspended sentence. “Violence is never an a n s w er t o a c h i l d ’s be ha vi our,” C rown prosecutor Julie Laborde said Wednesday. “That’s the message the judge and the court wanted to send.” In handing down his sentence, Judge Richard Marleau cited the fact Sidime had showed remor se and had no previous criminal record. The accused was crying during his sentencing hearing in February. His lawyer had argued for leniency, calling the death an exceptional case. Members of Sidime’s family who attended We d n e s d a y ’s c o u r t
proceedings in Lo ng ueu il, s ou th o f Montr eal, express ed relief at the sentencing. “There was no evidence of any brutality on her,” said Aissatou SidimeBlanton, the accused’s e l d e s t d a u g h t e r. “This was one of those freak accidents that, as he says, if he could take it back, he would take it back. We all would. And, moreover, it will be with him. Yes, he’s praying, but he misses his daughter. He didn’t even get to go to her funeral. “For him it’s been very hard and it will be.You lose a child, it stays with you.” Seka, one of Sidime’s sons, said the tragedy will be with the family for the rest of their lives. C p 2 4 N e w s
with foreign criminal charges and convictions. Under the current Act, the Governor in Council is the final decision maker on discretionary grants of citizenship. The proposed Act will change this and give the Minister of Citizenship and Immigration Canada the authority to decide on discretionary grants of citizenship. The current Act is reasonably flexible over tax filings. It does not require a permanent resident to file Canadian income taxes to be eligible for a grant of citizenship. This will not be the case under the proposed system. Adult applicants will be required to file Canadian income taxes as required under the Income tax Act to be eligible for citizenship. The current Act does not make any provision for
revocation of citizenship for acts against Canada’s national interest. The proposed Act will establish the authority t o r e v o k e C a n ad i a n citizenship from dual citizens who were members of an armed force or an organized armed group engaged in conflict with Canada. The proposed Act will also authorize revocation of Canadian citizenship for persons who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received. The Citizenship Act has no fast-track mechanism f o r m em b er s o f th e military to honour their service to the Canadian Armed Forces and a d d r e s s d e p lo y m e n t challenges. The proposed Act will create a fasttrack mechanism for citizenship for permanent residents serving with, and individuals on exchange
with, the Canadian Armed Forces to honour their service to Canada. From the foregoing, it is manifestly clear that eligibility criteria for Canadian citizenship are changing and are becoming harder and tougher. It would be prudent for permanent r es id en ts in Can ad a who are presently eligible for Canadian citizenship under the current Act to apply for Canadian citizenship without procrastination and before the Act is amended or replaced. James A. Kwaateng is an Immigration Law practitioner with his offices located at 168A Oakdale Road, Suite 4, Toronto, Ontario. For th o ro u g h d is cu s s io n of your immigration and related social and legal issues, you may contact him at telephone number (416) 743-2758.