Canadian-born Saad Gaya, convicted terrorist, targeted for revocation of citizenship

A convicted terrorist who was born andraised in Canadais asking a court to quashthe federal government's attempt to strip him of his Canadiancitizenship.

In an application to the Federal Court,SaadGayasays revoking hisCanadian citizenship would constitute "cruel and unusual treatment."

• Misbahuddin Ahmed challenges federal move to revoke citizenship over terrorism
• Toronto 18's Zakaria Amara among 1st to lose citizenship under Bill C-24

Gaya, who is serving an 18-year sentence for his role in the Toronto 18 bomb plot,is one of at least four menconvicted of terrorismwho have received notices from thegovernment saying it intendsto strip them of their citizenship.

ButGayais the only one who was born in Canada.

Retroactive Pakistani citizenship?

The Conservatives' substantial changes to the Citizenship Act, whichincludedexpanding thegrounds forthe revocation of citizenship,cameinto effect in May.

Under the newlyrevamped act,the government can stripthe citizenship of dual nationals, but not if it renders them stateless.

Gayawas born in Montreal to Pakistani immigrants who came to Canada over 30 years ago. His parentslost their Pakistani citizenship when they became Canadian citizens.

But in documents filed in Federal Court on Sept. 18,the federal government is allegingthat Gaya's parents had their Pakistani citizenship retroactively restoredin 2014.

Based on that claim, the government says thatstripping Gaya of his citizenship would not render him stateless because heretroactively became adual national the moment his parents did.

"I think that's going to be a tough argument to defend," said Carissima Mathen, an associate professor of law at the University of Ottawa.

"This case really shows how arbitrary the application of the law is, and it's really through a pure accident of birth thatsomeone is a dual citizen," she said in an interview with CBC News.

The changes to the act are currently being challenged in court by a coalition of civil liberties groups.

Josh Paterson, the executive director of theB.C.Civil LibertiesAssociation one of the groups challenging the changes in courtsaid deporting a convicted terrorist doesn't enhance Canada's national security.

"People who try to commit terrorist acts should be tried and dealtwith according to the Canadiancriminal justice system."

It doesn't make any sense from a public safety perspective," Paterson said.

Charter challenge of citizenship law

9 years ago

Duration 5:36

Executive Director of the B.C. Civil Liberties Association, Josh Paterson, discusses his charter challenge of Bill C-24

'Double punishment'

Gaya's lawyer is arguing in court that "the actimposes an unfair onus on the individual to establish that revocation would not render them stateless."

In an interview with CBC News,LorneWaldman said, "It's really just doublepunishment.There's no other justification for it."

Waldmanarguesin court documentsthat Gaya"has never applied for Pakistani citizenship" and denies that he has it.

Conservative Parm Gill, who appeared on CBC News Network's Power & Politics, told CBC's Rosemary Barton thathe was "absolutely unaware" of the government's efforts to strip Gaya of his citizenship.

Gaya received the government'snotice on Aug.6, according to court documents.

Revoking Canadian citizenship

9 years ago

Duration 18:38

Candidates Parm Gill, Jinny Sims and Marco Mendocino debate the government's move to strip Canadians of their citizenship if they are convicted of terrorism offences.

'Two classes of citizens'

The government has recently stripped the citizenship of Zakaria Amara for his role in the Toronto 18 bomb plot. Asad Ansari and Saad Khalid, two other members of the Toronto 18 group, were also informed by letter of the government intends to strip them of their citizenship.

Misbahuddin Ahmed, a convicted terrorist and former Ottawa hospital technician, is asking a court to halt the government's attempt to revoke his citizenship.

Gaya's lawyerargues that thenew revocation provisions in the actcreate "two classes of citizens" a position supported by the NDP and the Liberals.

During aradio interview withAM980'sAndrew Lawton in London, Ont.,Conservative Leader StephenHarpersaidtheir position was"political correctness on steroids."

"Of course there are tiers," Harper said on Wednesday "and one tier is that the ordinary immigrant does not in any way identify with the kinds of persons that are out to destroy this country."

The Conservative leader did not shutthe door to the idea of revoking the citizenship ofdual nationals who commit other types of crime.

"We can look at options inthe future," Harper said as he went on to defend the new provisions.