CIMM Committee Report
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RECOMMENDATION 1
Revocation should be based on false representation or fraud or knowingly concealing material circumstances in the application for citizenship or in the application for permanent residence. A person’s conduct after being granted citizenship should not be relevant to revocation.
RECOMMENDATION 2
The process for revoking citizenship should be exclusively a judicial process.
RECOMMENDATION 3
There should be no provision in the law for an administrative power to annul citizenship.
To revoke citizenship, false representation or fraud or knowingly concealing material circumstances should be proven beyond a reasonable doubt in a criminal court.
RECOMMENDATION 5
The legal protections of the Canadian Charter of Rights and Freedoms — specifically section 7 to 14 — must apply to citizenship revocation proceedings.
RECOMMENDATION 6
The criminal rules of evidence should apply to citizenship revocation proceedings.
RECOMMENDATION 7
The government should not include a security certificate process for citizenship revocation proceedings in its proposed new Citizenship Act, but may consider such a process after the House of Commons and Senate committees who are reviewing the Anti-terrorism Act report on the issue of immigration security certificates.
RECOMMENDATION 8
There should be no special limits placed on the right to appeal a decision of a court that has made a finding of false representation or fraud or knowingly concealing material circumstances.
RECOMMENDATION 9
Whether to revoke citizenship or impose another punishment should be left to the discretion of the trial judge.
RECOMMENDATION 10
When following a finding of guilt a judge orders that a person’s citizenship is revoked, the judge should also be empowered to order that the person be deported if the false representation or fraud or knowing concealment of material circumstances related to the person’s application for permanent residence in Canada.
RECOMMENDATION 11
Before deporting an individual, there must be a risk assessment to determine whether they will face torture. Where there are reasonable grounds to believe that torture will occur, deportation should not be permitted under any circumstances.
RECOMMENDATION 12
People engaged in revocation proceedings when the new law takes effect should be given the choice of proceeding under the new legislation or under the 1977 Citizenship Act.