Media Release: No Celebration for “Lost Canadians” on Citizenship Week

Vancouver – October 10 – 16, 2016 is Citizenship week. Yet for decades, some Canadians have found themselves rendered stateless due to a number of arcane laws. In a press conference with victims of Canada arcane laws, NDP critic for Immigration, Citizenship, and Refugees, Jenny Kwan stated, “It is absurd that as we celebrate this important occasion, a group of ‘Lost Canadians’ suddenly found themselves without status in Canada. What’s more, it’s 2016, why is Canada persisting with a multi-year court case on the strength of a law that the Supreme Court of Canada has already ruled to unconstitutional?”

Mr. Fadi Yachoua, Attorney to Mr. Kyle Lopez explained, “Kyle’s story is a reflection of the saga that continues because of a discriminatory policy base on gender. Even though the Supreme Court of Canada has ruled that there should be no differential treatment between children born to Canadian fathers or mothers, the current Liberal Government is still fighting a multi-year legal battle against Mr. Lopez’s right to assert his Canadian citizenship. “The Prime Minister said he is a feminist. I hope he recognizes that had gender discrimination not existed in the Immigration Act, Kyle Lopez’s father would have been considered a Canadian at birth and he would have been able pass his citizenship on to Kyle. Kyle would not still be in court today fighting for his rights”, said Kwan.

FOR IMMEDIATE RELEASE

October 14, 2016

 

No Celebration for “Lost Canadians” on Citizenship Week

Vancouver – October 10 – 16, 2016 is Citizenship week.  Yet for decades, some Canadians have found themselves rendered stateless due to a number of arcane laws. In a press conference with victims of Canada arcane laws, NDP critic for Immigration, Citizenship, and Refugees, Jenny Kwan stated, “It is absurd that as we celebrate this important occasion, a group of ‘Lost Canadians’ suddenly found themselves without status in Canada. What’s more, it’s 2016, why is Canada persisting with a multi-year court case on the strength of a law that the Supreme Court of Canada has already ruled to unconstitutional?”

Mr. Fadi Yachoua, Attorney to Mr. Kyle Lopez explained, “Kyle’s story is a reflection of the saga that continues because of a discriminatory policy base on gender.  Even though the Supreme Court of Canada has ruled that there should be no differential treatment between children born to Canadian fathers or mothers, the current Liberal Government is still fighting a multi-year legal battle against Mr. Lopez’s right to assert his Canadian citizenship.  “The Prime Minister said he is a feminist.  I hope he recognizes that had gender discrimination not existed in the Immigration Act, Kyle Lopez’s father would have been considered a Canadian at birth and he would have been able pass his citizenship on to Kyle.  Kyle would not still be in court today fighting for his rights”, said Kwan.

In the case of Byrdie Funk, a woman who was born abroad to a Canadian parent and has resided in Canada nearly all her life recently found out that she is no longer a Canadian because she turned 28. Funk said: “Canada cannot claim to stand for justice and equality and at the same time ignore the plight of the Lost Canadians. We are your people and we are waiting for this wrong to be made right.”

Don Chapman, a long time advocate on the issue of Lost Canadians said, “I expect that our citizenship laws be fair and equitable - just as Mr. Trudeau promised.  Government exists to protect Canadians.  We need a Citizenship Act that is Charter compliant but it is not.  Not for people like Ms. Funk or Mr. Lopez.”

When asked about “Lost Canadians” while in opposition, now Prime Minister Justin Trudeau said at an event in British Columbia that, “Minister Kenney needs to understand that the principles of Canadian citizenship need to be administered with compassion and openness, and he’s simply not addressing these Canadian issues.”  Similarly, Minister McCallum stated, "It is a question of principle...We do not need an additional set of rules that would create two classes of citizen."

Unfortunately, those principles didn't apply when MP Kwan attempted to address some of these legislative deficiencies before committee when Bill C-6 was debated. Most of Kwan’s amendments failed. Kwan is now preparing a Private Members Bill to correct these injustices.  The Vancouver East MP said, “On Citizenship Week, let’s remember that these decades old unjust legislative laws have real impact on people’s lives. Canada should be fixing and not contributing to the problem of statelessness”.

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In the morning of August 31, Egyptian journalist Hossam el-Hamalawy received an email from Immigration, Refugees and Citizenship Canada (IRCC), informing him that it had made a “u-turn” and reversed its decision to deny him entry to Canada.

The reversal came in response to a coordinated solidarity campaign that successfully pressured IRCC, Canada’s department of immigration, to change course.

Almost two weeks earlier, on August 18, IRCC rejected el-Hamalawy’s application for an Electronic Travel Authorization (eTA), which is required for German citizens to visit Canada. An Egyptian exile and refugee, el-Hamalawy resides in Berlin and has German citizenship. His eTA application was to attend two public speaking engagements in September at Simon Fraser University in British Columbia, Canada.

IRCC initially rejected el-Hamalawy’s eTA application after requesting three times that he provide official documents from the Egyptian government that corroborate his experience of detention and torture under the regime.

In Toronto, the Executive Director of REDWORD.ca, Mostafa Al-A’sar, prepared an open letter to Minister Diab signed by prominent labour leaders, journalists, and human rights activists, including Mostafa Fouad, Executive Director of HuMENA for Human Rights; Ehab Lotayef, founding member of Egyptian Canadian Coalition for Democracy; Judy Rebick, feminist and journalist; and Sid Ryan, former President of the Ontario Federation of Labour.

Other activists launched an email campaign, which encouraged supporters to send letters to Minister Diab and her Parliamentary Secretary, Liberal Member of Parliament Peter Fragiskatos (London Centre), as well as their own Members of Parliament. Letters were sent from across Canada, including Halifax, Nova Scotia (Diab’s home riding) and London, Ontario (Fragiskatos’s home riding). Activists in the United States, Britain, and Europe also shared the email appeal.

In addition to the appeal, activists organized two emergency phone actions, which delivered over 200 voicemail messages to Diab, Fragiskatos, and dozens of Members of Parliament.

Finally, on August 31, Jenny Kwan shared her own open letter to the Minister, which echoed all the demands of the solidarity campaign.

*Click image or link to read the article - https://springmag.ca/international-solidarity-works-hossam-el-hamalawy-wins-entry-to-canada

My open letter to Immigration Minister Lena Diab requesting urgent intervention to facilitate entry into Canada for Hossam el-Hamalawy.  

Mr. el-Hamalawy is an award-winning Egyptian journalist, scholar, and human rights advocate who fled persecution in Egypt and is now a German citizen living in exile. He was invited by faculty at Simon Fraser University (SFU) to give two academic lectures this September. However, IRCC denied his Electronic Travel Authorization (eTA) after demanding documentation from the very Egyptian authorities responsible for his past detention and persecution—putting him in an impossible and unsafe position.  

It is deeply problematic to expect political exiles to seek papers from the regime they fled. Canada must stand up for human rights, academic freedom, and freedom of the press. I am calling on Minister Diab to use her discretion and immediately reconsider this decision so Mr. el-Hamalawy can share his scholarship at SFU.  

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