The Strengthening Canadian Citizenship Act will formally empower the government of Canada to revoke the Canadian citizenship in certain cases. According to the Toronto Star, certain crimes may result in the stripping of Canadian citizenship from dual citizens:
Under the proposed changes, citizenship can be revoked from dual nationals convicted of terrorism, high treason and spying offences, or who take up arms against Canada. As well, permanent residents who commit these acts will be barred from applying for citizenship.
The Star failed to mention one crime which has already resulted in effective stripping of Canadian citizenship: Being of US national origin.
On these pages, we have discussed the international doctrines of dual nationality: (1) The Master Nationality Rule says that every country has the right to treat treat their citizens, while in their jurisdiction, as being solely of their nationality. Thus, by international law, Canadians in Canada are only Canadian as far as the Canadian government is concerned, despite competing claims by other countries for their allegiance. (2) The rule of Dominant and Effective Nationality means that dual national deserves the protection of the country with which he or she has the greater ties, especially residency. This means that even if the USA claims any particular Canadian as their own dual national, Canada has the right to protect that person as a Canadian if they are of dominant and effective Canadian nationality.
But in his letter to CARP, Mr. Flaherty has written that the government of Canada will not protect Canadians living in Canada who are of US national origin:
Our Government fully understands the separate, but important, issue of U.S. citizenship-based taxation on dual Canada-U.S. citizens. The U.S. government’s system of citizenship-based taxation is different from the residence-based approach generally followed most of the rest of the world.
This creates unique challenges for U.S. citizens who reside in other countries – especially Canada. However, as these are U.S. laws that apply to U.S. citizens, they can only be addressed by the U.S. government – not Canada. In that regard, I would encourage U.S. citizens in Canada to share their concerns with the U.S. government.
These words are stunning. Canadian citizens complain about the FATCA IGA and Flaherty tells them to take up the matter with the US government. In other words, Flaherty is telling those who need and have asked for the protection of the government of Canada to seek redress in the USA. This effectively removes them from the protection from Canada and effectively makes them subject to the laws of the USA: thus, Flaherty has rendered them Dominant and Effective US nationals–a sort of extraordinary rendition while they still remain in Canada. The Harper government, in one fell swoop, has removed Dominant and Effective Canadian Nationality from as many as one million persons in Canada. Thus, the crime of being of US national origin is equal, in the eyes of this government, with terrorism, high treason and spying.
Mr. Flaherty impressed me with his earlier bravado vis-a-vis the US, when he said he would not collect taxes for the IRS from Canadian citizens. But now I see him as a eunuch. I would argue that the Harper government must remove Flaherty–Harper can use the excuse that Flaherty is suffering from eunuchism as a result of his steroid usage. Then, Harper could have plausible deniability with regard to this IGA agreement. He could say, Flaherty was not himself during the negotiations and we did not realize to what extent that would affect his job performance. Please forgive us as we now stand up for Canada and revoke the FATCA IGA, and vote for us next time around. If they continue down this reckless path, the Harper government no longer deserves to be in leadership. They have failed in the number one mandate of every government, to protect the citizens in their jurisdiction. Isaac Brock would not be proud.