Posted on 01/21/2016 7:54:23 AM PST by Walt Griffith
Canadian Citizenship Through Birth in Canada Written by Henry J. Chang
Overview
Prior to January 1, 1947, there was no citizenship statute in existence. Canada was in a curious position of being a nation without citizens. This was corrected on January 1, 1947 with the Canadian Citizenship Act, S.C. 1946, c.15 (the "Former Act"). The Former Act recognized Canadian citizenship for the first time....
.......... Both statutes are discussed below.
Persons Born in Canada After February 14, 1977
Section 3(1)(a) of the Current Act states that anyone born in Canada after February 14, 1977 is considered a Canadian citizen. This was the date that the Current Act came into force.
Persons Born in Canada After December 31, 1946 But Before February 15, 1977
The Former Act stated that a person born after the 31st day of 1946 was a natural-born Canadian citizen if he/she was born in Canada or on a Canadian ship. Section 3(1)(d) preserves this provision of the Former Act by confirming that a person who was a citizen immediately before February 15, 1977 continued to be a Canadian citizen.
Persons Born in Canada Prior to January 1, 1947
As stated above, prior to the Former Act, no citizenship statute existed. ........
..........
Miscellaneous Issues
Immigration Status of Parents
The immigration status of the parents at the time of the Canadian citizenship child's birth is not relevant to the child's eligibility for Canadian citizenship. A child born in Canada to two illegal alien parents would still be considered a Canadian citizen. However, Section 3(2) of the Current Act contains an exception to the above rule, at least for persons born in Canada after February 15, 1977. It states that Canadian citizenship is not granted to a child born in Canada if, at the time of his/her birth, neither of his/her parents was a Canadian citizen or Canadian permanent resident and either parent was:
a diplomatic or consular officer or other representative or employee of a foreign government in Canada;
an employee in the service of a person referred to in paragraph (a); or
an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom they are granted, by or any other Act of Parliament, diplomatic privileges and immunities certified by the Secretary of State for External Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
Persons Born in Canadian Ships, Air Cushion Vehicles and Aircraft
Under both the Former Act and the Current Act, persons born on Canadian ships or airplanes were considered to have been born in Canada. The Current Act states that this provision applies to persons born on a Canadian ship as defined in the Canadian Shipping Act, on an air cushion vehicle registered in Canada under that Act or on an aircraft registered in Canada under the Aeronautics Act.
Deserted Children Found in Canada
The Current Act contains a provision to deal with deserted children found in Canada. Section 4(1) of the Current Act states that, for the purposes of persons born in Canada (apparently) after February 15, 1977, every person who was found as a deserted child in Canada before apparently attaining seven years of age shall be deemed to have been born in Canada, unless the contrary of proved within seven years from the date that the person was found.
The following explains how Ted Cruz renounced his Canadian citizenship.
"Determine your eligibility – Renouncing citizenship
To be eligible to apply to renounce your Canadian citizenship, you must:
be a citizen of a country other than Canada or become a citizen of a country other than Canada if your application to renounce is approved not live in Canada be at least 18 years old not be a threat to Canada’s security or part of a pattern of criminal activity not be prevented from understanding the significance of renouncing your Canadian citizenship by reason of having a mental disability and not be subject to revocation of citizenship proceedings.
If you renounce your Canadian citizenship, you lose all the rights and privileges of being a Canadian citizen and will have no status in Canada. This means that if you wish to return to Canada permanently, you will have to apply for a permanent resident visa. If you wish to return to Canada temporarily (to visit, work or study), you will have to apply for a temporary resident visa, if applicable."
Through his mother he was a US citizen at birth.
This is dual citizenship because both countries gave him citizenship.
He placed himself under the jurisdiction of the US by registering to voting here, paying taxes, giving a US home address. Renouncing is Canadian citizenship was a formallity to establish that he never plans to claim citizenship in Canada. If he was in the US miltary that would have been a firm comitment to US citizinahip.
There is legislative law from the founders to today confirming single parent bestowing citizenship on children born under US jurisdiction. Jurisdiction is the word that is use over and over in law and court cases.
No one will ever have standing to chalenge this because of the rules on standing. Which you will find at:
http://www.lectlaw.com/def2/s064.htm?PageSpeed=noscript
The above section explains why Ted Curz received Canadian Citizenship at birth as well as US when he was born.
There’s little doubt that Cruz was a U.S. citizen at birth (though we haven’t yet seen any documentation to that effect). But there is no particular reason to think that citizen at birth equals natural born citizen and there are a lot of good reasons to think that dual citizen at birth does not equal natural born citizen.
My question is Can someone born on foreign soil become President. I was always taught one had to be born on American soil.
Even the Bible tells us to try the spirits and it appears we have a lot of bad actors today.
Nobody knows for sure. McCain was born in what is now Panama. He might’ve been born on “US Territory” in the sense that we had control over the Canal Zone at the time, or it might’ve been just across the border in a hospital in Panama, nobody seems to know for sure. But he’s the first real nominee not to have been born on “U.S. territory” (Goldwater was born in AZ before it was a state).
Having studied all of this for a number of years, I think an honest reading of the provision would say that for that one particular office, the Presidency, the Founders intended to exclude anyone with even the smallest shred of potential for divided loyalties, and as such only someone born “on the land” to two citizen parents would qualify, with exception for military and diplomats overseas. Anyone else has at least some sort of claim to citizenship somewhere else, and as such could have divided loyalties.
My neighbors had a son born while they were deployed in Turkey. The boy had dual US and Turkish citizenship until he was 18. He had to appear in Turkey at age 18 to renounce his citizenship there, or be subject to Turkish military service. They told me years ago that they were told by US officials that he would not be eligible to serve as President of the U.S. That was then.
In 2008 it took an act of Congress to reinforce John McCain’s claim of NBC status, aided by ‘rats, and helpfully taking the spotlight off 0’s citizenship claims.
The US claim and Cuba claim are indistinguishable at birth.
The constitution is harsh this way, it looks at us as purple newborns, and we're stuck with that label forever. There is no way to know where that person's loyalties end up. Follow mom? Follow dad? Renounce and choose another country?
It's an imperfect system, but there is none devised, that is better.
Was his mother a Canadian citizen at the time he was born? If not, why was she a registered voter?
His dad had to begin Canadian citizenship application at some point. So he could have renounced Cuban citizenship prior to Ted’s birth. I’ve never seen the dates.
I think the correct formulation of this is:
1) Forget Ted Cruz. The question is not about HIM.
2) Theoretical future candidate. Say it’s a leftist. Alien father, born abroad. What’s your position?
3) Now, apply that position to Ted Cruz.
You aren't the first person I've seen say that, and it's so strange. I know the 1940's Naturalization act exempted military members and diplomats, signifying they were natural born. That's why McCain was eligible.
It seems it wasn't until the 60's or 70's this *local* citizenship of foreign countries started showing up on birth certificates of military members.
This is, of course, assuming your neighbors were actually deployed in the military and not just working for the military as a contractor of some kind.
I agree born on foreign soil one can be a citizen. But a natural born is the question.
Ted's citizenships are first assigned at birth, and that is the moment the constitution examines. There are various legal mechanisms to alter his citizenships as he ages.
Interestingly, that dad was pursuing and obtained Canadian citizenship strengthens Canada's claim on Ted at birth and as he ages. Residence and domicile (the place you call home and always return to) are fundamental to citizenship inquiry.
From reading the law in other threads on Cruz, I have to believe the mom was not a US citizen.
I am still trying to get my arms around this. Were either of Cruz’s parents born in America and American citizens at the time of his birth?
If the answer is yes, why is it a big deal? Funny thing is, I would think one of the best constitutional legal minds in this country knows whether he is an American citizen or not and eligible to run for an hold the office of POTUS.
Your formulation is much more persuasive than mine.
Do you have dates and links on these things?
I was born a Canadian citizen. Before 1947, Canadians were simply British Subjects.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.