Initially, Canada prevented a Russian anti-war activist from obtaining citizenship due to her violation of Moscow’s strict laws that criminalize speaking out against the invasion of Ukraine. However, they have since changed their decision.
The situation faced by Maria Kartasheva had left immigration lawyers puzzled and brought to light the convoluted nature of Canada’s immigration system. In the previous year, the 30-year-old was accused and found guilty by Russian prosecutors for breaking a law that prohibits criticizing the military. Despite her beliefs aligning with Canada’s foreign policies, this conviction posed a risk to her pursuit of Canadian citizenship.
She stated that she is facing consequences for sharing what Canada deems as the truth regarding Russia’s actions.
Kartasheva was contacted by Canada’s immigration department on Tuesday morning, inviting her to participate in a citizenship ceremony later that day. She expressed feeling anxious about the potential progress in her case to the Guardian.
Later on, Marc Miller, the immigration minister, shared a Guardian article about the case and stated that the rules for eligibility for citizenship are meant to target criminals, not to suppress or punish lawful political dissent. He also reassured that Kartasheva will not be deported and has been offered the opportunity to become a citizen of Canada.
In 2019, Kartasheva, the creator of the Russian Canadian Democratic Alliance, left her country due to worries about Putin’s increasing suppression of opposing views. In 2022, while residing in Ottawa, she discovered that her two blog entries regarding a mass killing in Bucha, Ukraine by Russian soldiers had drawn the notice of authorities in Moscow.
She was accused of spreading intentionally false information about Russian forces without being present. As a result, she was found guilty and given a prison sentence of eight years.
Since Russia’s invasion in 2022, Canada has been a vocal supporter of Ukraine, pledging billions in aid and hosting President Volodymyr Zelenskiy. Justin Trudeau’s government has been deeply critical of the Russian state, sanctioning many officials – including the judge who oversaw Kartasheva’s arrest in absentia.
Kartasheva, who had submitted an application for citizenship, informed Canadian authorities of her conviction. According to Canadian immigration regulations, if an individual is accused of a crime in a foreign country that is also considered a crime under Canada’s criminal code, their application may be rejected.
However, she received an invitation to her online citizenship ceremony. Just before the ceremony begins, as a standard procedure, applicants are inquired about any past criminal charges.
She stated that she believed they were already aware of my situation since I had sent them all the necessary documents. She also mentioned that the law being used against her was a political tactic to target those who criticize the government. As a result, she revealed that she had been accused and found guilty in Russia.
Officials informed Kartasheva that her response rendered her ineligible to attend the ceremony. She was devastated, but was able to witness her husband’s citizenship being granted.
In December, a letter from Canadian authorities informed her that her guilty verdict in Russia was in accordance with a criminal offense related to the dissemination of false information. The case officer referenced subsection 372(1) of the criminal code, which forbids individuals from knowingly spreading false information or causing such information to be transmitted through letters or any form of telecommunication.
The seldom utilized law from 1985 has a maximum penalty of two years in prison.
The letter stated that, according to the current information I have, you may be bound by restrictions outlined in the Citizenship Act.
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The initial report by CBC on Kartasheva’s situation appeared to be stuck in a nonsensical bureaucratic situation.
According to Audrey Macklin, a law professor at the University of Toronto, the situation seems to be caused by an excessively enthusiastic citizenship officer.
After the decision was made, Kartasheva expressed concern that she may be at risk of being sent back to Russia. Even though the chances are slim, she couldn’t help but worry about the possibility of deportation.
She expressed that this situation feels like a bizarre comedy where nothing goes right. However, the issue is that this is her reality.
Tom Kmiec, a member of the Conservative party, informed the Canadian Press that in Canada, there is no law prohibiting criticism of the military, politicians, or the government. This is a fundamental aspect of living in a democratic society.
The immigration department of Canada stated that they had thoroughly reviewed Kartasheva’s case before.
The people involved will have a chance to clarify what happened and provide additional details about the accusation or conviction. The officer will consider this information when making their decision. The Canadian immigration department is dedicated to maintaining the honesty of all our immigration and citizenship programs. Cases are subject to evaluation until a final decision is reached.
Kartasheva expressed concern over the lack of transparency in the situation. She has provided all the necessary information, but is unsure if it has been reviewed by the relevant parties. She questions whether or not they are invested in resolving the issue, or if she will face consequences due to bureaucratic processes.
Source: theguardian.com
