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Stateless man charged with gun offences in Canada

 
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cybershooters
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PostPosted: Fri Jun 01, 2018 8:06 pm    Post subject: Stateless man charged with gun offences in Canada Reply with quote

Article.

This is a bit old but I thought I'd post it because it's such a bizarre case.

Basically this guy was born in Canada, but the courts found that he had no Canadian citizenship as his parents worked at the Indian High Commission (thus no birthright citizenship). Which wouldn't have been uncovered if not for him being convicted of some offences. So then he was put in removal proceedings, but he's never made a claim to Indian citizenship so India refused to take him (their argument is that dual citizenship isn't permitted under Indian law, he's probably Canadian, so he can't be Indian).

Since then his situation seems to have gotten progressively worse and he pops up in the news from time to time having been arrested for increasingly serious criminal offences - bear in mind he isn't authorised to work and has no access to public healthcare because of his statelessness. So they keep trying to "rehabilitate" him which is impossible if you can't work legally and obviously he has no entitlement to any benefits.

At this point he seems to have gotten himself involved in serious arms smuggling offences.

So as far as I can see, by trying to remove a threat to public safety they have made the threat considerably worse. Hard to say for sure of course, but it seems likely if he'd had citizenship then his rehabilitation would have been more likely to succeed.
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Sixshot6



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PostPosted: Sat Jun 02, 2018 2:36 pm    Post subject: Reply with quote

My understanding is they stopped having birthright citizenship after 1968 (one of those Aussie MP's caught up in the citizenship scandal was born there and turned out to have been one of the last birthright citizenship).

I think the US is now the only english speaking country still with birthright citizenship. I didn't think they were permitted to leave a person stateless unless the canucks didn't sign up to it like we did?
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PostPosted: Thu Jun 07, 2018 1:15 am    Post subject: Reply with quote

Canada has jus soli citizenship, but it doesn't apply to children of diplomatic staff, which he was (or at least a court said on the balance of probabilities that he was, the person in question claims otherwise). That is also the only exemption in US law (other than people born on American Samoa, who are US nationals, not citizens) but the State Dept. doesn't enforce it - but Canada does.

He's made a claim to the UNHRC under the convention on stateless people, but the Govt. doesn't actually have to do anything even if the UN says they violated the convention.

What is so bizarre about it is that his parents later went on to become Canadian citizens, but because he was born in Canada under an obscure exemption, he doesn't get it, which is just ridiculous. His parents could have included him on their immigration application, but no-one ever pointed out that he wasn't a Canadian citizen and they had no reason to believe that he wasn't.
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Sixshot6



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PostPosted: Thu Jun 07, 2018 11:33 am    Post subject: Reply with quote

I did some checking and the US doesn't also legally allow people born to citizens of a nation its at war with to become birthright citizens but once again enforcement doesn't appear to occur. India abolished multiple citizenship and their birthright around 2004 as they got annoyed at Bangladeshi illegals by the sounds. So basically he's not a citizen because his parents weren't aware of the law and as such he's stuck and canada doesn't have to abide by jack the UN says.

India's not going to take him as he was never born there and its a mess.
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PostPosted: Fri Jun 08, 2018 12:12 am    Post subject: Reply with quote

But bizarrely if he had been born in India he would likely be a Canadian now.
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