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40 Queen's L.J. 1 (2014-2015)
Citizenship Revocation, the Privilege to Have Rights and the Production of the Alien

handle is hein.journals/queen40 and id is 21 raw text is: 





Citizenship Revocation, the
Privilege to Have Rights and the
Production of the Alien


Audrey Macklin

    Since 9/11, Western governments have redefined what it means to be a citizen. Though
citizenship is often thought ofas an inalienable right, the emergence of the homegrown terrorist
has called into question whether certain citizens deserve the protection that citizenship status
provides. Although international treaties preclude a country from rendering a person stateless,
recent legislative and executive action in the United Kingdom and Canada has raised the issue
of whether these new regimes of citizenship deprivation respect international and domestic law.
    Throughout the article, the author displays how the contemporary exercise of citizenship
revocation has revived the arcane practices of exile and banishment. To examine the growing
trend of citizenship revocation, the author situates it against related historical practices as well
as within the emerging field of crimmigration. She then examines how citizenship revocation
is, was, or will be employed in the UK, the United States and Canada. Of particular relevance
to the author is Bill C-24, the Strengthening Canadian Citizenship Act, which received
Royal Assent in June 2014. She argues that the executive's expanded power to revoke a person's
citizenship under this Act is inherently punitive and will create an unconstitutional regime that
violates multiple sections of the Canadian Charter of Rights and Freedoms.












* Professor of Law and Chair in Human Rights, University of Toronto. The author thanks
Talene Thomasian for excellent research assistance, the participants at the crimmigration
conference convened at Queen's Faculty of Law in November 2013, as well as Amar
Khoday and the three anonymous reviewers who provided constructive commentary and
suggestions.


A. Macklin

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