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
“with exception for military and diplomats overseas”
Where do you find this? I’ve been told my many arguing that Cruz is not considered Natural Born that my children also do not qualify even though they were born while I was serving this country overseas in the US Army and I was born in the state of Oregon.
Well you should take a look first at the Senate Resolution declaring John McCain eligible for the Presidency.
https://www.govtrack.us/congress/bills/110/sres511/text
John McCain was born in precisely the same circumstances that your children were, and the U.S. Senate, Democrats and Republicans, declared him eligible to serve as President.
On Tuesday, GOP presidential candidate and Texas Sen. Ted Cruz turns 45.
Ted was born in 1970.
Dad: Ted Cruz - wikipedia
Ted born December 22, 1970
Rafael Cruz earned Canadian citizenship in 1973^[5] and ultimately became a naturalized U.S. citizen in 2005.^[8]^[19]^[20]^[21]
Not court-quality evidence to be sure, but those dates aren't contentious as far as I know.
Ted's birth certificate is floating around, that would probably confirm the above. Wiki links to many articles.
Do you know how to use google, by the way?
**************
At some point papa Cruz had Canadian citizenship. Depending upon timing the
Edward Cuban citizenship may not apply if at all.
I've not seen anything as to why papa Cruz got Canadian citizenship but my speculation
that it may have been for tax purposes. Speculation on my part only...
Thanks Cboldt.
Yes I can Google. I’ve just never seen an article that gives dates for when Rafael Cruz Sr applied for Canadian, when he received it, what they did with their Canadian business, etc.
NBC - born on US soil and two US citizen parents.
Cruz missed the mark on both requirements.
“Can someone born on foreign soil become President. I was always taught one had to be born on American soil.”
You taught right.
William of Ockham
And America’s Numero Uno Constitutional Originalist, Rafael of the Great White North, knows it as well.
td of FR
Becoming a Canadian citizen in 1973 only to leave Canada in 1973, or perhaps very early in 1974... hmmm.
Leaving Canada in ‘73 is premised on:
“Rafael Cruz returned to Houston. About six months later, Darragh followed, though they remained estranged.”
http://www.dallasnews.com/news/politics/headlines/20120428-senate-candidate-ted-cruz-aims-to-pick-up-mantle-of-reagan.ece
“1974: Moves to Houston at age 4”
http://www.chron.com/news/politics/article/Cruz-s-life-defies-simplification-3946523.php
Answer to first question:
No. She hadn’t lived enough years in Canada.
Answer to second question,
That list they appeared on was a preliminary tally, akin to a census; that list would later be checked to see if they were citizens.
Ted’s parents needed to have been in Canada for 5 years, and, at the time of Ted’s birth, they had only been living there for 4.
Therefore, although Ted’s dad may have started the Cuban renunciation before Ted was born, he couldn’t have become a Canadian citizen until after Ted was born.
Cruz’ dad was born in Cuba, his mom was born in the US.
I thought he was born in 70
Did anyone ever tell this to the parents of John McCain, who was born while they were deployed in Panama?
Yes he was born in ‘70, then when he was 4, he and his folks moved back to the US. His folks were in Canada 8 years.
1966 parents move to Canada,
1970 Ted born,
1971 earliest possible year for teds dad to get Canadian citizenship,
1974 they move back to the US
Rafael Cruz said "I worked in Canada for eight years" "while I was in Canada, I became a Canadian citizen."
http://www.npr.org/sections/itsallpolitics/2013/06/20/193585553/how-ted-cruzs-father-shaped-his-views-on-immigration
This indicates that Rafael Cruz went to Canada in 1965.
1956 - Darragh married Alan Wilson. Darragh 21 years old
1960 - The couple moved from Houston, Texas to London, England
1963? - Divorced
1966 - Darragh son Michael Wilson born & dies. Wilson says child not his (buried in Kensal Green Cemetery in Kensington, a London neighborhood)
???? - Darragh leaves London, England and returns to Houston, Texas
1967 - Darragh goes to Canada (according to Cruz campaign)
1969 - Darragh marries Rafael Cruz
http://www.mediaite.com/online/ted-cruzs-mom-listed-as-eligible-to-vote-in-canada-on-recently-surfaced-document/
http://www.fresnobee.com/news/nation-world/national/article54993300.html
They "met at an oil exploration business in Texas"
https://www.washingtonpost.com/blogs/the-fix/post/who-is-ted-cruz/2012/08/01/gJQAqql8OX_blog.html
If Cruz was in Canada from 1965 through 1973 how could Darragh have met him in Houston in 1966/1967?
How could the parents move to Canada in 1966 when the campaign (see mediate article) says Darragh went in 1967? Also, she was in London in 1966, did she return to Houston, meet Cruz, and immediately move to Canada?
Not that any of it really matters.
The neighbors were actually deployed.
In 2008, Congress passed a resolution declaring McCain eligible. Perhaps he inherently was. I always thought that the controversy over McCain’s citizenship was a “shiny object” to distract us from 0bama’s situation.
WildHighlander57? Why are you repeating many so unknowns and untruths? Working for TED CRUZ 2020 I presume!!! God forbid he resurfaces again a like the bad plot from a horror film.
You privately Freepmailed me for information and now have distorted and misrepresented the contents.
“She hadn’t lived enough years in Canada.” Says who- Ted’s campaign staff?
YOU HAVE NO IDEA HOW LONG SHE LIVED THERE AND THE WAITING PERIOD FOR BRITISH SUBJECTS AND PERMANENT BR. RESIDENTS WAS ONE YEAR. She had already lived in England for 7- 8 years. I am sure you already knew that.
“That list they appeared on was a preliminary tally, akin to a census; that list would later be checked to see if they were citizens.’ FALSE, nice try. ha
That’s a complete LIE - It was not a census and you BLOODY WELL KNOW IT.
It was never called a census. It was a published and posted voting list for the upcoming election. Only citizens could vote. You know that!
It was every citizens job to inspect the list so that he would be able to vote. If your name was not on the list, there was an appeals process to become added in time for the election.
Stop lying Highlander. Cruz is ineligible. Your information is COMPLETELY FALSE AS DOCUMENTED BY THE CANADIAN ELECTION PROCESS THAT HAD BEEN IN PLACE FOR OVER over TWO DECADES. It is online for all to see.
TWO Alberta Provincial enumerators specifically hired and deputized by the provincial elections board were sent to canvass every home in each precinct for CITIZENS eligible to vote.
They entered the home of the Cruz’s and documented their age, citizenship, and occupation. If they occupants were guests or mere residents, they were NEVER placed on a list to vote. They had to reside permanently at the address and be Canadians. Both CRUZ parents had to have sworn they were citizens. There was no other way.
The next step was for the enumerators to get their list approved by the provincial elections supervisors. The Cruz’s were approved as citizens and formally published, placed on the voting rolls.
Cruz is a fraud and so are you for continuing to try and perpetuate his fraudulent past into some pretense of eligibility. He should have gotten a Hawaiian BC, it works much easier.
Cruz is born on foreign soil and his father did not become an American until Ted worked in the White House for GWB. In 2005 -And just why is that?
Why did he require insider help to become a US citizen? hmmm
The Cruz parents are liars and have fabricated a timeline that is increasingly contradictory.
There is much more about this family than meeting up in the ‘oil & gas ‘ business.
What is it about Math Majors, just like BHO’s momma- caretaker.
Too many lies.
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And then there was Miguel Cruz!
Spanish for Michael, ya know.
WildHighlander57 may have her facts wrong about cruz, but she has posted she supports Trump.
We don't know what documents or papers WildHighlander57 may have read; there is a lot of erroneous information out there, and a lot of those stories change or disappear to keep researchers off balance.
Just sayin...
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