Should This Be Stopped? Foreign Mothers Give Birth to Children in Canada to Secure Citizenship

DSC00275_1Canada, the true north strong and free, is the envy of the world and one of its most valuable assets is its citizenship. Before the Harper government left office they made sweeping changes to Canada’s Immigration Act, making it more difficult to qualify for citizenship. Meeting great opposition however, the Conservative government did not tackle  the phenomenon of “birth tourism”, a subject that remains  highly controversial, particularly in Vancouver.

Those who favour birth tourism argue that innocent children, born in Canada to a foreign mother, should not be deprived of the benefits and advantages of  birth citizenship, saying that to ban birth citizenship is a racist response to what is a miniscule practice in Canada.

Kerry Starchuk of Richmond BC, a suburb of Vancouver, is an advocate for a ban on birth tourism. She has organized a petition to raise the issue in the House of Commons this fall. Backed by Conservative Member of Parliament Alice Wong, the petition was posted on-line in mid-June 2016 and quickly acquired more than double the 500 required signatures to be referred to the House of Commons.

The petition favours the elimination of birthright citizenship in Canada unless one of the parents of the child born in Canada is a Canadian citizen or permanent resident of Canada.

Ms. Starchuk’s chief complaint is that her home for 28 years is now bordered by a “maternity motel” for pregnant women from China, one of several such homes in Richmond. Local Chinese newspapers and websites in Vancouver and Asia display advertisements soliciting Mandarin-speaking mothers, and promote the advantages of delivering a baby in Canada, suggesting that having a Canadian child will assist them to obtain citizenship as well.

Services offered include airport shuttles, language translation services, provision of obstetricians, and assistance with birth certificates, child tax benefits, medical coverage,  social insurance numbers, and passport and visa applications. These maternity motels boast of healthy  food prepared by professional chefs and describe  views of the snow-capped north shore mountains from their  facility.

China and Hong Kong are well-versed in the potential exploitation of birth tourism, a phenomenon they struggled with when mainland Chinese mothers travelled to Hong Kong to give birth in order to obtain better health care, Hong Kong residency, and the freedom to dodge China’s one-child policy. Until Hong Kong  passed laws banning birth tourism in 2013, statistics indicate that up to half of all children born in Hong Kong had parents who lived elsewhere.

Immigration lawyer Richard Kurland presents the argument that this isn’t really a  Canadian problem, citing the huge number of foreign workers and long-term visitors to Canada of over a million people per year, compared to 232 births attributed to birth tourism.

I predict that Ms. Starchuk’s petition will languish just like similar proposals to rid Canada of birth tourism.

Interestingly, Canada and the United States are the only G7 countries that permit babies born on their soil to obtain citizenship.

Lawdiva aka Georgialee Lang

 

 

 

 

 

 

 

 

 

Canada’s Shared Parenting Bill Voted Down in Second Reading

GEO CASUALSaskatchewan Conservative MP Maurice Vellacott’s indefatigable efforts to introduce shared parenting into Canada’s Divorce Act has been an exercise in futility, its defeat yesterday an event that is no surprise to its advocates, who eventually realized that none of Canada’s political parties, except for the Green Party, would throw their support behind it. At the end, even the Conservative party, whose platform boasts shared parenting, abandoned Mr. Vellacott, in what was his third attempt to reform the present law.

The gist of Bill C-560 was the introduction of certain “presumptions’ including a presumption that allocating parenting time “equally” between parents is in the best interests of children, rebuttable only by evidence that equal parenting would not”substantially enhance” a child’s best interests.

Vellacott’s proposed law also allowed that current custody and parenting arrangements could be varied taking into account the new “equal parenting” philosophy by declaring the reformed law a “change in circumstance”, a legal requirement under the present Divorce Act to amend an existing custody order or agreement.

Critics of the bill complained that a presumption of equality does away with the tried and true “best interests of the child” test and elevates parental rights over the rights of children. They also resist the notion that parents across Canada may invoke the new law to reopen their custody orders and agreements, potentially leading to a landslide of fresh litigation.

Was the bill so flawed that its failure was inevitable? In my opinion, it was not, but it did contain a “trigger” that unsettled those who still believe shared parenting is merely a ploy of the father’s rights movement to reduce or eliminate child support payments.

One of the triggers was the use of the term “equal” which brought back the early days of the Child Support Guidelines, which provided that parents who had custody of their child 40% of the time or more, could bring an application to reduce their child support payments, based on the reasonable proposition that their own costs in caring for their child were increased and thus, their counterpart parent’s costs reduced.

Judges became arbiters of whether 40% included school hours; hours when the children slept; and other mathematical conundrums raised by parents seeking to assert or deny the 40% rule. Fear that these arguments would be resurrected cannot be understated, however, lawyers and litigants soon learned that few judges were prepared to accede to child support reduction applications.

But more importantly in the context of shared parenting, a fully involved parent is not necessarily a parent who can or should insist on perfect equality, in fact in many of the jurisdictions that have implemented shared parenting, lawyers, parents, and legislators have recognized that precise equality is not achievable, typically because parents’ and children’s schedules are incapable of being sliced in half.

What ought to be paramount is a cultural switch that emphasizes that children need both parents in their lives, and that, in and of itself, is in a child’s best interests, despite society’s increasingly male-absent procreation and child-rearing agendas. Outdated research that celebrates maternal preferences is no longer valid, but try telling that to Canada’s lawmakers.

Lawdiva aka Georgialee Lang