OTTAWA – Toronto lawyer Rocco Galati has launched yet another Constitutional challenge against the Conservative government – this time to do with a recently-passed citizenship law.
In court documents filed Wednesday, Galati says changes to the Citizenship Act are unconstitutional because they give Parliament the authority to strip Canadian-born citizens of their citizenship.
“If you can place the citizenship of Canadian-born citizens into chaos and uncertainty, well the entire bedrock for your democracy goes,” Galati said in an interview.
Galati names Citizenship Minister Chris Alexander, Justice Minister Peter MacKay and Governor General David Johnston, who gave Royal Assent to the bill last week, in his Federal Court filing.
Under the proposed law, dual citizens who are convicted of treason, terrorism or espionage could lose their citizenship.
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The law could apply in cases in which those citizens are convicted in foreign courts, and it could also apply to people born in Canada if they also have citizenship elsewhere, such as through their parents.
Alexander’s spokeswoman Alexis Pavlich said in an email, “Canadians gave us a strong mandate to protect and strengthen the value of Canadian citizenship.”
Pavlich said the act prevents fraud, cuts red tape and provides that “citizenship can be revoked from dual nationals who are convicted of terrorism, high treason, and spying offences (depending on the sentence received), or who take up arms against Canada.”
In the documents, Galati argues that Johnston’s decision to give Royal Assent to the bill was beyond his Constitutional authority, and that the law, called the Strengthening Canadian Citizenship Act, is beyond the reach of Parliament.
“Parliament has never had the authority to take away the citizenship of somebody born on the soil. It’s just not a power that the Parliament has, period,” he said.
“It’s unconstitutional.”
Earlier this month, Galati wrote to all MPs, Senators, and the Governor General voicing his concerns about the bill.
If required, in the meantime, Galati says he will ask for an injunction against the enforcement of the bill against Canadian-born citizens.
Rights groups such as The Canadian Association of Refugee Lawyers, supported by the British Columbia Civil Liberties Association, also signalled they would challenge the bill once it passed.
NDP immigration critic Lysane Blanchette-Lamonthe said experts such as the Canadian Bar Association warned a Parliamentary committee that elements of the bill were unconstitutional.
“Unfortunately, Conservatives just didn’t listen to them at all. And I think it’s unfortunate, because of course there will be a challenge at the Federal Court,” Blanchette-Lamonthe told Global News.
“We could see it coming because all the experts were raising that concern, and we could avoid it if the government would take its role seriously and consult the experts instead of just attacking them and ignoring them.”
Blanchette-Lamonthe said in particular, she is concerned that a sentence handed out abroad would apply, and that the person would not be able to appeal if the minister decides to revoke citizenship.
“I believe strongly that if you are Canadian, you should be allowed to go through the Canadian judicial system,” she said.
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Last fall, Galati successfully challenged the Conservatives’ Supreme Court appointment of federal judge Marc Nadon.
He is now challenging the appointment of Federal Court of Appeal judge Robert Mainville, who was named to the Quebec Court of Appeal earlier this month.
The Constitutional Rights Centre Inc. and lawyer Manuel Azevedo are also named as applicants on the citizenship challenge.
When asked why he brings forward so many challenges, Galati said: “I’m a lawyer.”
“That’s what I do. I don’t make f–king pizzas.”
– with files from the Canadian Press
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