Close X
Thursday, December 5, 2024
ADVT 
National

Supreme Court Ruling Means Children Of Russian Spies Are Canadian Citizens

Darpan News Desk The Canadian Press, 19 Dec, 2019 09:34 PM

    OTTAWA - Alexander Vavilov, the Toronto-born son of Russian spies, is a Canadian citizen, the Supreme Court of Canada has decided.

     

    In its judgment Thursday, the high court upheld a Federal Court of Appeal decision that effectively affirmed the citizenship of not only Alexander but also his brother Timothy.

     

    Aside from addressing the citizenship matter, the Supreme Court ruling aimed to bring clarity to the nature and scope of judicial review of decisions by administrative officials.

     

    Alexander, 25, and Timothy, 29, were born in Canada to parents using the aliases Donald Howard Heathfield and Tracey Lee Ann Foley.

     

    The parents were arrested nine years ago in the United States and indicted on charges of conspiring to act as secret agents on behalf of Russia's SVR, a successor to the notorious Soviet KGB.

     

    Heathfield and Foley admitted to being Andrey Bezrukov and Elena Vavilova. They were sent back to Moscow as part of a swap for prisoners in Russia.

     

    Alexander, who finished high school in Russia, changed his surname to Vavilov on the advice of Canadian officials in a bid to obtain a Canadian passport.

     

    But he ran into a snag at the passport office and in August 2014 the citizenship registrar said the government no longer recognized him as a Canadian citizen.

     

    The registrar said his parents were employees of a foreign government at the time of his birth, making him ineligible for citizenship.

     

    The Federal Court of Canada upheld the decision.

     

    But in June 2017, the appeal court set aside the ruling and quashed the registrar's decision. It said the provision of the Citizenship Act the registrar cited should not apply because the parents did not have diplomatic privileges or immunities while in Canada.

     

    On the strength of the ruling, Alexander has since been able to renew his Canadian passport and he hopes to live and work in Canada — calling his relationship with the country a cornerstone of his identity.

     

    In its decision, the Supreme Court said the registrar's decision was unreasonable. Although the registrar knew her interpretation of the provision was novel, she failed to provide a proper rationale, the court said.

     

    Although it involves the same central issue, Timothy's case proceeded separately through the courts and was therefore not directly before the Supreme Court.

     

    However, in a decision last year, the Federal Court said the ruling on Alexander equally applied to Timothy, making him "a citizen."

     

    MORE National ARTICLES

    Delta Police Issue Warning About 69-Yr-Old Surrey Man GURCHETAN SINGH SAMRA, Charged With Sexual Offences Involving A Child

    In April 2019, 69-year-old Gurchetan Singh Samra of Surrey was charged with sexual interference and sexual assault. The alleged offences occurred in Delta in January 2019.

    Delta Police Issue Warning About 69-Yr-Old Surrey Man GURCHETAN SINGH SAMRA, Charged With Sexual Offences Involving A Child

    Sikh Community Applauds Hate Crime Charges in Bellingham Uber Driver Assault; Will Attend Arraignment to Show Support

    Sikh Community Applauds Hate Crime Charges in Bellingham Uber Driver Assault; Will Attend Arraignment to Show Support
    “We are grateful to the Bellingham Police Department for recognizing the clear influence of bias from the beginning of this case, and to the Whatcom County Prosecuting Attorney’s Office for reaching the right decision,” said Amrith Kaur, Sikh Coalition Legal Director.

    Sikh Community Applauds Hate Crime Charges in Bellingham Uber Driver Assault; Will Attend Arraignment to Show Support

    Program For Helping Young South Asian People Stay Out Of Trouble

    The issue of drugs and violence in the South Asian Community can be traced back to early 1990s when a number of disaffiliated youth started getting into trouble. So far we have lost a lot of our  young to this menace. The community has been very concerned about this issue all along.   

    Program For Helping Young South Asian People Stay Out Of Trouble

    Dr. Peter Chung Makes $1 Million Donation To Surrey Hospital Foundation Children’s Health Centre Campaign

    With Dr. Chung’s contribution, the Surrey Hospital Foundation is almost at their $6-million fundraising goal with $1-million left to raise for the campaign.

    Dr. Peter Chung Makes $1 Million Donation To Surrey Hospital Foundation Children’s Health Centre Campaign

    RCMP Nab Impaired Drivers Over First Weekend Of CounterAttack

    RCMP Nab Impaired Drivers Over First Weekend Of CounterAttack
    The question to be answered is, How do you measure success when combatting Impaired Driving?

    RCMP Nab Impaired Drivers Over First Weekend Of CounterAttack

    Arrested 29-Year-Old Burnaby Groping Suspect Commits Further Sexual Assaults After Release On Conditions

    Arrested 29-Year-Old Burnaby Groping Suspect Commits Further Sexual Assaults After Release On Conditions
    After a six-month investigation, 29-year-old Burnaby resident, Jorge Benjamin Bernal has been charged with four counts of sexual assault in relation to alleged groping incidents that took place in Burnaby.  

    Arrested 29-Year-Old Burnaby Groping Suspect Commits Further Sexual Assaults After Release On Conditions