So is this guy a Canadian or not.
 

I guess with my job I see stories like this through a different pair of eyes.
‘I can’t be stateless’: Born-in-Canada criminal fighting deportation after Ottawa decides citizenship not valid | National Post

Now the question is legally is he a Canadian citizen or not bearing in mind that the Canadian passport issued to him was believed to have been issued in error should the Federal Court rule he is not legally a Canadian citizen.
You would be surprised at the amount of foreign nationals incarcerated in Canadian jails or who are subject to removal orders but their Govts that they are citizens of won't issue them travel documents so we can remove them.
If the facts are as our government says they are, he is indeed an Indian citizen, though they are refusing to recognize him as such. Under Indian law, persons born outside India on or after 26 January 1950 but before 10 December 1992 are citizens of India by descent if their father was a citizen of India at the time of their birth.

Re: So is this guy a Canadian or not.
 

Surely it cant be that hard to prove if he was born while his parents were still consulate employees can it?

Re: So is this guy a Canadian or not.
 

Why does he need papers to be deported, can't he just be put on a plane to India?
I know that's probably very naive lol

Re: So is this guy a Canadian or not.
 

Depends who has the papers and contracts.
Deepan was born in October 1989, and his statement of birth lists the home of Mr. Dehejia. The government of Canada said it has a diplomatic note from India declaring that his parents’ employment ended in December 1989, which it only revealed after Mr. Budlakoti made this application to Federal Court.
His team managed to track down the former High Commissioner in India, who swore an affidavit backing Mr. Budlakoti’s position — that his parents were domestic staff of the High Commissioner until June 1989, after which they began working for an Ottawa doctor, Harsha Dehejia, in Nepean.

So who do you believe?

Re: So is this guy a Canadian or not.
 

If the diplomatic note is from around the period in question, and the affidavid is more recent, then I will go with the note...

With the best will in the world and even without the wider agenda here who can seriously remember details like that 25 years after the event.

Re: So is this guy a Canadian or not.
 

Just like the UK, India isn't in the business of admitting those lacking paperwork.

In addition, many refugee source countries point blank refuse to issue travel documents to those citizens who are about to be deported against their will... How would you ever deport them ?

Re: So is this guy a Canadian or not.
 

Ever filled in a CIC application form as thats what they want in some cases :lol:
In rare cases like this perhaps having a lifetime retention on documents would be a benefit as Im sure Foreign Affairs would have a record of them accrediting his parents with Diplomatic credentials before they were allowed into the country.
Some of the comments on the NP article are quite interesting.
So I wonder if Canada could legally find him not to be a citizen but then choose not to deport him thereby he will never be able to leave Canada on vacation or for work. No travel document then no travel to anywhere. He would probably balk at this as well.

Re: So is this guy a Canadian or not.
 

PS the chap doesn't appear stateless at all.

Statelessness at birth would have been to his advantage, because in that case he would have become Canadian automatically !

Re: So is this guy a Canadian or not.
 

He really should have thought before becoming involved in serious criminal activity.
So what happens if it CAN be proven he's not legally a Canadian citizen and India won't issue documents?

Re: So is this guy a Canadian or not.
 

Nothing. You've discovered one of the interesting features of illegal immigration.

Re: So is this guy a Canadian or not.
 

And the dreams of spending a 1 or 2 week all inclusive on some Cuban, Mexican, Dominican or Jamaican beach is just that a dream :lol:

Re: So is this guy a Canadian or not.
 

Can't they send him into space the next time a new part for the Canadarm is needed?

Re: So is this guy a Canadian or not.
 

It's impossible for him to have been stateless at birth. If not Canadian at birth, he was a citizen of India by descent through his father (he was born before Indian citizenship could be obtained by descent through the mother).

Re: So is this guy a Canadian or not.
 

Not that I agree with having a drug lord/whatever in the country - although there are plenty Canadian citizens that are - we can't deport them either - but Canada did indeed issue him Canadian passports. Their error. If he had known he wasn't Canadian, he would have applied for the relevant permits / naturalisation. He thought he was Canadian by birth, and the Canadian government - rightly or wrongly - recognised that and issued him twice, Canadian passports! Plus, if the address on his birth statement is that of the private doctor, arrows seem to be pointing for me that the parents were indeed not diplomats when he was born, and he should be a Canadian citizen.

Re: So is this guy a Canadian or not.
 

This annoys me because I always think it's stupid when they start talking about deporting people who committed crime in Canada, who grew up in Canada. Like that Vietnamese kid who was a gang member in Calgary who had lived in Canada since he was three.

If they grew up here, doesn't that make them our problem? Why should this guy be exiled to India? Getting increasingly tired of the "CBSA Most Wanted" posters and most of the people on those posters have lived in Canada since they were children and this guy was actually born here!

One could say that Canada is a training ground for criminals who get sent off to foreign countries, just as easily.

Removal of citizenship should not be equated (or ever be) a penalty for any criminal offence (except fraud in getting it), however heinous the crime might be. People aren't disposable and shouldn't be shipped off to a foreign country, essentially what they're talking about doing here is what Britain used to do to convicts shipped off to Tasmania.

Canada is particularly bad for it too, because if a person cannot be removed, (as in this case, India says he's not Indian) then they can end up in detention indefinitely. In the US, they have to release them if removal is impossible.

Man With No Name | National Post