Does anyone actually expect it to pass before the summer break? It has dragged on for almost 2 years now, won't be a surprise if it goes on for another 2 years
Not much to base
expectations on, one way or the other. In terms of what is less likely versus more likely, my
guess is that it is fairly likely Bill C-6 receives Royal Assent before the summer break. Not placing any bets on it. Just saying.
When the courts gave that order to implement a revocation process for those stripped of citizenship, didn't it stipulate that it should be implemented by two months? So unless th govt appeals the decision, the two months is in July. So doesn't is make sense to pass the bill before that? Somebody please give an idea
subha said:
So what will happen if the courts doesn't appeal nor adhere to their ruling? Can Spyfy or someone give an opinion please
subha said:
My understanding is that even if they don't appeal, they can iplement this factor without passing C6. But since it is already an amendment in the bill doesn't it make sense to pass the bill and then do the amendment.
The topic you probably want to pose these queries in is:
Federal Court strikes down key provisions of Citizenship Act (this might link)
In any event . . .
It appears you are asking about the decision by Justice Gagné in the Hassouna v. Canada 2017 FC 473 case challenging the procedure for revoking citizenship on the grounds of misrepresentaion or fraud, as currently prescribed in Section 10 of the
Citizenship Act, this version being the one adopted pursuant to Bill C-24 in 2014.
For reference, for the decision itself, see
http://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/231272/index.do
This decision has been discussed in some depth in the topic titled
Federal Court strikes down key provisions of Citizenship Act (this might link), including a relatively recent post by me in which I speculate some about the status and future of the case.
It is worth keeping in mind that Federal Court decisions have limited precedent authority. Note, for example, that Justice Gagné ruled that
" . . . citizenship is a privilege only when it has not yet been obtained." And this plays a significant role in the reasoning underlying the Justice's conclusions and ruling that Subsections 10(1), 10(3), 10(4) in the
Citizenship Act are
inoperative. In contrast, other Federal Court Justices have ruled that citizenship itself is a privilege. Other Federal Court Justices have also applied, as operative, these same subsections in the
Citizenship Act.
Thus, unless the case is appealed and a ruling made by a Federal Court of Appeal, which decision would have precedent authority, it is uncertain and unclear just what impact this decision will have. You may have noticed, for example, that media reports quote Lorne Waldman as expressing the
hope that this decision influences the government to not proceed with revocation cases against others.
Would other Federal Court Justices rule the same, basically following Justice Gagné's reasoning? It is easy to guess, based on widely diverging views among various Federal Court Justices, that there would be some significant differences. Again, as I have already referenced, others have already stated that citizenship is a privilege, not just access to citizenship, and Justice Gagné did not follow their rulings.
In the meantime, as you apparently apprehend, the situation changes if the Senate amendment to Bill C-6, which revises the procedure for revocation of citizenship on the ground of misrepresentation, is adopted by the HoC and becomes part of the final, fully adopted and given Royal Assent, version of Bill C-6. And indeed, the decision might be some incentive for the Liberal government to approve this amendment, which would render Justice Gagné's decision largely moot (but not technically, not as to the specific parties in that case).
I recognize there is a great deal of interest in following the progress of Bill C-6, but frankly I find a lot of the day-to-day non-event obsession of minimal interest. But even for those interested in whether this factor or that can have influence on how this goes, speculating about the extent to which the Liberal government might be pushed to accept Senate amendments, like the one revising revocation procedure, is just that,
speculating. Sure, I occasionally throw some of my own speculations into the bonfire of opinions about the prognosis for Bill C-6, and watch the smoke dissipate, since that is all that amounts to, a bit of smoke curling up and drifting away while we wait to see what the HoC actually does and where things go next.
Also in the meantime, we can also wait to see if the government appeals Justice Gagné's decision, or otherwise makes a motion to suspend or stay the operation of the case (or in effect does both, appeals and asks the court to hold the case in limbo pending legislation).
My guess, and yes I too sometimes offer a
guess, is that we are likely to see the outcome of Bill C-6 before we see what happens with the Justice Gagné decision in this case.