In ceremoni
ister Mackenzie King accepted hi
tificate, symbol of the new status
even while his government’s commit-
U.S. jeopardize Canada’s sovereignty.

of Canadians,
ments to the

t

citizenship

es such as this at Ottawa, Prime Min-
s citizenship cer-
given to millions

Canada’s new

by JOHN STANTON

ANUARY 1, 1947, saw a new legal entity establishe

d—that of ‘Canadian citizenship.

For the first time in our country’s his tory one could speak of being a Canadian citi-

zen. Up to that time, while many count ries in
Canada had not done so.
not Canadians at a

Tights for their people,

dians’ were, in the strict legal sense,
who had Canadian domicile.’ Now, most of us who

jan citizens although we are
still also ‘British subjects.’ Many
others have the right to apply
for citizenship status. Others
&gain are not Canadians at all
at least so far as the law is
Concerned—but may become so
Some day. Finally, there are
those who can never be Cana-
dian citizens.

It is interesting to see who’s
Who under the new law, and
this article ‘is intended, with-
cut going into too many details,
to outline the main provisions
of the Citizenship Act.

At the outset let me urge

_ those who think their citizen-
Ship status is in doubt to find
Cut just where they stand. In
the days ahead, the fact as to
Whether or not a man is a

Citizen and can prove it, may ©

Well be a most vital matter.
It may, for example, stand be-
tween him and deportation; or
it may save him many a long
f day in some immigration shed
awaiting clarification of his
Status. A letter to the secretary
of state in Ottawa, stating full
Particulars of your own case
will probably bring you a reply
Which would be sufficient proof
__©f your status in the event of
doubt. But the better way is

_ to apply for, and get, a certifi-

cate of Canadian citizenship.

_ How this can be done is related

here,

FRIDAY, APRIL 25, 1947.

ec :

RST of all, who is a Cana-

dian citizen? The new Act
provides for two main classes
of citizens: :

1. Those who are ‘natural
born’ and

2. Those ‘other than ‘na-
tural born.’

In addition there is a third

class: those who are granted
special citizenship rights by the
federal cabinet. So far only one
person occupies this unique pos-
ition. He is Igor Gouzenko. This
article is not concerned, how-
ever, with aberrations. It deals
with ordinary individuals who
will continue to be governed
by the ordinary laws of Can-
ada including the Citizenship
Act.

The ‘natural born’ category
includes, of course, the major-
ity of the people living in Can-
ada today, those born
ada before the Act came into
force. It also includes all those
who in the future will be born
in Canada. But there are other

gar less numerous groups who

are also ‘natural born’ citizens.
Thus | the following are given
that status, even though they
were born outside Canada:

(a) Those whose fathers were
born in Canada. :
Those who fathers were,
when the child in question
was born, British subjects

with Canadian domicile.

(b)

(ce

‘~

ee

in Can-—

‘INegitimate children whose

the world had created full citizenship
We who had called ourselves ‘Cana-
ll—we were ‘British subjects
inhabit Canada are full-fledged Cana-

mothers. fulfill the re-
quirements of (a) or (b).
As to such persons born
after the Act came into
force, they too are given
citizenship if the father
(or in cases of illegitimacy,
the mother) was a Cana-
dian citizen when the
child was born, and if
the birth is registered at
a consulate within two
years.
_ Birth on a Canadian ship is
considered to be the same as
birth within Canada.
: -.
f each case a ‘person who

is a ‘natural born’ Canadian
citizen ceases to be such if he
“becomes an alien.” Of this,
more later.

Persons born outside the coun-
try before January 1, 1947, and
who are otherwise entitled to
be classed as citizens, cease to
be citizens unless they have
been lawfully .admitted into
Canada for permanent residence.

And minors who were. born
cutside Canada and have never
been lawfully admitted, must
within one year of attaining the
age of twenty-one years assert
their Canadian citizenship and
Gif necessary) divest themselves
of any foreign citizenship they
may have acquired. :

Thus, for example, John Doe,
who was born in Canada years
ago, went to live in Texas where
he raised a family. Doe’s son

¥

is now twenty. When he be-
comes twenty-one he has one
year in which to renounce his
U.S. citizenship and assert his
Canadian citizenship. If he does
not do so, he will not be re-
garded by our law as a Cana-
dian. :

Foundlings found in Canada
are deemed to have been born
here, and posthumous children
are deemed to have been born
immediately before the death of
their father.

e

Hie number of citizens com-

ing within the category ‘oth-
er than natural born,’ while con-
siderably smaller than the first,
nevertheless contains many hun-
dreds of thousands of Canadians
who have come here from all
parts of the world.

The chief groups under this
heading who are now Canadian
citizens are: :

(a) Those who were natural-
ized under the now de-
funct Naturalization Acts.
Those whose names were
included on naturalization
certificates. This applies
particularly to children of
naturalized people.

Those who, immediately
before commencement of
‘the Act, were British sub-
jects with Candian domi-
cile.

Women married to men
who, had the new Act been
in force at the time of
the marriage, would have
been classed as. ‘natural
born’ Canadian citizens;
and women who are Brit-
ish subjects legally admit-
ted to Canada for perm-
anent residence.

Persons who have been natur-
alized, or who are children of
naturalized parents, will see the
importance of keeping their na-
turalization papers. For, while
naturalization as such has been
abolished, naturalization papers
can be used to prove Canadian
citizenship. So keep your natur-
alization papers.

To cover cases not already
dealt with, as well as all other
cases, the secretary of state is
empowered to grant a certifi-
cate of Canadian citizenship to
any applicant who fulfills cer-
tain requirements. Anyone read-
ing this who had thought of
applying for citizenship papers
should check these essentials.
You must: :

1. Have been admitted legal-
ly imto Canada for per-
manent residence,

2. Have lived in Canada for
at least’ five years during
the six-year period preced-

_ ing your application.

3. Be of good character.

4. Have adequate knowledge
of English or French (or
else have lived in Canada
twenty years).

5. Know adequately the | re-
sponsibiities of citizenship.

6. Intend to live permanently
in Canada.

“7. Be at least eighteen years
old.

(b)

(ec)

Yor go to the court house
‘# nearest to your residence. Tell
the court clerk there that you

.

want to apply for citizenship.
He will provide the necessary
forms and help you to fill them
in. If you are otherwise quali-
fied, the first document you
sign will be your ‘declaration.’
This is posted in the court house
for three months. If there are
no objections recorded, you will
be notified when to appear in
court. On that day you must
appear in person and prove
your claim for citizenship. This
is usually done by having two
reputable citizens accompany
you as vouchers.

If the judge grants your ap-
plication, the papers are sent
to Ottawa. When they come
back you will be notified to go
to the court house once more
to take the oath and receive
your certificate.

The secretary of state of
course, has power to deny @
certificate to anyone, even if
has been approved by the judge.
In that case, unless a re-hear-
ing is directed, nothing can be
done; an applicant turned down
by a judge can try again two
years later.

AANADIAN citizenship can be

lost in a number of ways.
The most important of these
are:

1. By voluntary acquisition of
another nationality (other
than by marriage).

2. By renunciation when there
is dual nationality.

3. By action of the’ federal
cabinet, which has the
power to take away the

' citizenship of anyone other

than a ‘natural born’ citi-
zen, This is a most drastic
and dangerous power.

For instance, a person who
came: to Canada as an infant
and was reared and educated
in this country, and whose par-
ents were naturalized, is legally

a Canadian citizen.. Because,
however, he jis not ‘natural
born, his citizenship can be

taken away by the government
if,
has shown himself by act or
by speech to be “disaffected or
disloyal.” -

It is true that before citizen- —
ship can be revoked by the
government in such .cases an
inquiry commission must re-
view the case, but experience

‘with such commissions in the

past has not led to confidence
in their bona-fides or compe-
tence. For example, the Kellock —
Taschereau Commission- which ©
was composed of two Supreme

Court of Canada judges, has in ©

effect had its findings reversed _
in the ordinary courts on at —
least six different occasions. .

This is an outline of the chief
provisions of the new Act.
It is interesting to note that
certain rights are given to
aliens. They are, for. example,
allowed to deal with and. own
real and personal. property, of —
every description in, Canada, just
as are Canadian citizens. How-

ever, they cannot qualify to own

a Canadian ship or to. hold
public office. Aliens: are also —
subject to trial in. the same
manner as Canadian citizens.

‘

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