Monday, January 30, 2017

Canadian Values, and the Oath of Citizenship

Controversies over immigration tend to produce more heat than light, and surely there is nothing enlightened about either the anti-immigrant hysteria fueled by Donald Trump or the Trump-lite version propounded in Canada by some in the Conservative Party. “Kellie Leitch,” we are assured on her campaign website, is the only candidate for the leadership of the Conservative Party “who will ensure that those coming to Canada believe in the equality of men and women, freedom of religion, and equality of all under the law.” At one level this assertion is of course absurd: no one could possibly “ensure” anything about the beliefs of potential immigrants, any more than they could ensure anything about the beliefs of native Canadians. But that’s not to say that there aren’t legitimate questions to be raised on this issue. Are we doing enough to make the Canadian values that are enshrined in the Constitution plain to prospective immigrants? What are prospective immigrants being told by our government? Is the oath of allegiance that new immigrants must affirm worded appropriately? These are legitimate questions that deserve to be explored.

Leitch, of course, does not stop at the principles enshrined in the Constitution (the sort of principles enunciated in the sentence quoted above—“equality of men and women, freedom of religion,…equality of all under the law,” and so on). Her website asserts that a much wider range of values are central to the Canadian identity:
• Equal opportunity – We must strive to ensure that everyone has as much of an equal opportunity to succeed as possible, especially our youth

• Hard work – Everyone must work hard and provide for themselves and their families

• Helping others – Once people become prosperous, we all are expected to give back to our communities to help others

• Generosity – Canada is a place that shows what is possible when hard work and generosity come together

• Freedom and tolerance – A Canadian identity that is based on freedom and tolerance to allow each of us the chance to pursue our best lives and to become our best selves

We all hold these values in common and they make our country great. If we want continue to grow and develop that identity, we need to make sure that those who want to come to Canada share those values.
Every one of this additional set of principles that Leitch claims we “all hold in common” seems to me to be in one way or another problematic.
• Why should the principle of equal opportunity be qualified in the way that Leitch does ("as much of an equal opportunity…as possible”)?

• Much as I value hard work, I see no reason why “everyone must work hard and provide for their families” should be made a universal principle. Were we to make it a universal requirement that Canadians adhere to this value, those not qualifying would include the young Pierre Trudeau (whose family wealth enabled him to live for decades without much by way of regular employment) and the young Leonard Cohen (who spent years as a young man dividing his time between writing and drug taking—“I took trip after trip, sitting on my terrace in Greece, waiting to see God. … Generally, I ended up with a bad hangover.”)

• I would happily endorse “helping others” as a value worthy of support—but not with the apparent qualification Leitch attaches (that the obligation to help others kicks in only once one has become prosperous).

• How much should we be patting ourselves on the back for our “generosity”? Decades ago we committed ourselves to devoting 0.07 of our GDP to helping the world’s less fortunate nations; since then, the percentage we actually give has declined to 0.024. (Meanwhile Britain, Denmark, Sweden, and several other developed countries have exceeded the UN’s

• Most Canadians today do indeed tend to value freedom and tolerance, and that's a good thing. But Leitch shades her endorsement of these principles. When you think of freedom only in terms of the freedom to become “our best selves,” you open the door to arguments that would restrict freedom—that would call into question the freedom of those who do not seem to be using it to fulfill their potential. (People like the young Cohen and the young Trudeau? Tell them to get a proper job!)
I'm sure not everyone shares in the complaints I have about the Leitch long-list of values--and I'm sure others would want to add to my list. The point here is not only that Leitch's list of values is poorly thought out and sometimes contradictory. It is, more importantly, that any such list of values will be entirely subjective--no matter how loudly we may assert that it expresses values we supposedly "all hold in common."

The narrower concern prompted by Leitch’s agenda, though—are we doing enough to try to ensure that those coming to Canada accept principles such as the equality of men and women, freedom of religion, and equality of all under the law—deserves serious discussion. Unlike Leitch’s broader list—her subjective grab bag emphasizing the value of hard work—this short list names values that are enshrined in the Canadian Constitution. I suspect that it is this sort of screening that Canadians have in mind when they say they support “screening immigrants for anti-Canadian values”—as a large majority of Canadians have said they do (in various polls taken by the Toronto Star, Nanos, and Forum Research). It’s not just Conservatives who say they support such screening; one poll reported that 57% of Liberal voters and 59% of New Democratic voters joined the 87% of Conservative voters who supported the proposal. The idea of trying to screen immigrants on this basis has intuitive appeal to many Canadians who are aware of cultural practices in some parts of the world that are horribly cruel on a systemic basis to women, or to gays and lesbians. And it may have particularly strong appeal to those who are aware of Immigration Canada having entirely abandoned in-person interviews. (Such interviews were an important part of the process until early in this century, when they were abandoned as too costly.)

Any discussion of these issues should begin by acknowledging that there have been relatively few cases over the years in which immigrants have committed horrendous acts--so-called honor killings, for example--that are clearly linked to their holding values antithetical to those enshrined in our constitution. Certainly there have been far more such acts committed by native Canadians than there have by immigrants. From the systematic brutality practised against First Nations Canadians over many generations, to the Montreal massacre of 1989, to gay-bashing (and murder) in places such as Vancouver's Stanley Park, to the Quebec City killings of January 2017--this list only scratches the surface. Doing everything we can to dissuade native Canadians from adopting values that disparage other groups (and that spawn hate crimes) should be a much higher priority for us that worrying about immigrant values.

Moreover, there's plenty of evidence that, in cases where immigrant families do arrive holding, for example, deeply embedded prejudicial feelings against women, the next generation tends to acquire mainstream Canadian values.

We should not, then, be overly concerned at the prospect of immigrants subverting the values enshrined in the Canadian Constitution. But to say that immigration-related issues should not be given a high priority is not to say we should ignore them. It is surely entirely appropriate to ask if we are doing all we can to make clear to prospective immigrants what values are enshrined in the Constitution--and to make some effort to dissuade those who hold views antithetical to those expressed in the Charter of Rights and Freedoms from immigrating.

Let's ask, then, if bringing back interviews could in fact come anywhere close to ensuring “that those coming to Canada believe in the equality of men and women, freedom of religion, and equality of all under the law”? Let’s listen to what former Immigration officials have to say on this point. They deserve to be quoted at length:
When I worked at Citizenship and Immigration Canada, we seriously considered whether a values pledge for permanent residents or new citizens would be effective, or even just a useful symbolic statement. After looking at examples from Australia and the Netherlands, we concluded that, while they may have an intuitive appeal, such pledges are ultimately empty exercises. Even assuming one could agree on a list of values that newcomers would pledge to uphold … it would be about as meaningful as clicking “accept” on a computer program’s ‘Terms of Use’ and, in practice, probably even less enforceable.

Nor are the experiences of Australia and the Netherlands — both of which have similar or worse integration problems than Canada — a compelling endorsement of such “screening.” … People will sign or say almost anything to come to Canada (or Australia, or Europe). Just ask the officials charged with immigration fraud detection. The tens of thousands of people who submit fraudulent education and employment credentials, marriage licenses and language test scores along with their Canadian permanent resident applications every year will hardly balk at signing a values pledge that is neither verifiable nor backed by a credible threat of enforcement.

An in-person interview is a [good] idea — but not for the reasons [Leich] proposes. Face-to-face interviews, which were the rule for most immigrants until the early 2000s, are much more effective at catching all sorts of fraud than a paper file review that is often conducted half-way around the world by people unfamiliar with the language or culture of the applicants. Former immigration officer James Metcalfe’s description of what was lost when Immigration Canada abandoned interviews is typical of what many older officials in the Department of Immigration will tell you:
There are all kinds of things that tipped me off about the veracity of an applicant’s claims. For example, I have never met a chef or cook who did not have burn marks or cuts or scars on their hands or arms. I have also never met a mechanic who had lily-white hands with no cuts or split fingernails … (O)fficers … could assess the individual’s ability to communicate in English or French right there, because they were in the same room together.
But note what Metcalfe doesn’t talk about: abstract values or beliefs. The criteria that an in-person interview can confirm are the objective and verifiable traits of language ability, education, employment history and criminality. Leitch is quite right that in-person interviews absolutely should be required of permanent resident applicants — but as part of the existing vetting process, not a new “values” screening process. (Howard Anglin, “Leitch is mostly wrong — but also right — about immigration,” iPolitics Insights column, January 24, 2017)
To me at least, Anglin and Metcalfe’s arguments are entirely persuasive: re-instituting screening for immigrants makes good sense—so long as the aim is to stop fraud, and not to screen for values. As a byproduct, it’s hard to imagine that the process of catching fraudsters would not also result in entry being denied to a number of applicants who do not in fact share the values of most Canadians. But trying to design a system that would directly screen for values—and do so effectively—would be futile.

If we don’t screen for some subjective set of values, what (if anything) should we be doing in this area that we aren’t doing now? Two things, it seems to me.

First of all, we should make the Canadian values that are protected under our Constitution far more plain to prospective immigrants than we do now. Currently, the wording used emphasizes the protection accorded to the new immigrants themselves—and downplays the protections provided under the Constitution for others. It makes no specific mention of the principle of gender equality, or the prohibition on discrimination based on sexual orientation. Here is how the Government of Canada “Apply to Immigrate” web page presents our values to prospective immigrants:
The Charter Protects Your Rights The Canadian Charter of Rights and Freedoms is part of Canada’s Constitution and protects you from the moment you arrive in Canada. It sets out the values that Canadians live by and describes the kinds of personal human rights and freedoms we can expect in this country. Some of those rights and freedoms include: The right to life, liberty and personal security; Freedom of conscience and religion; Freedom of thought, belief, opinion and expression, including freedom of the press and other media; Freedom to hold peaceful meetings; Freedom to join groups; Protection from unreasonable search or seizure and unjustified detainment and imprisonment; The right to be presumed innocent until proven guilty; The right to retain and instruct counsel (a lawyer) without delay; The right to a fair trial, through due process of law; The right to equal protection and benefit under the law, without discrimination.

Rights come with responsibilities People who live in Canada are expected to understand and obey Canadian laws, allow other Canadians to enjoy their rights and freedoms and help preserve Canada's multicultural heritage. It is also important for Canadians to become informed about politics and help to improve their communities and the country. Citizens of Canada have other rights and freedoms, such as the right to vote in elections. To learn about these rights, see the Canadian Charter of Rights and Freedoms.
Surely it would be appropriate to give stronger and clearer guidance right at the outset to those who are considering applying to immigrate to Canada. Rather than simply referring applicants to the Charter of Rights and Freedoms, let’s include Section 15 on Canada’s official “Apply to Immigrate” website:
Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
And let’s be explicit as to how our judicial system has interpreted Section 15—making absolutely clear that discrimination on the basis of sexual orientation and sexual identity is as much against the Constitution as is discrimination on the basis of gender, race, or religion. Let’s make clear that, in Canada, men can marry men and women can marry women. And let us add, politely but firmly, that those who are not comfortable with the values enshrined in the Canadian Constitution are strongly advised against applying for Canadian citizenship.

Might not some people who are misogynistic or homophobic still apply? Certainly they might. But at least some who are so inclined would surely think twice, and consider applying elsewhere instead.

Making the values that are enshrined in the Constitution far more plain to prospective immigrants than we do now is one thing we should do. Another is revise the Oath of Canadian Citizenship. Leitch’s “Canadian values” campaign has paid little or no attention to the wording of this oath—and that’s more than a little strange, given that Canada's Oath of Citizenship (like that of any other nation) in some very real sense already constitutes a "values pledge." The difference between an oath of citizenship (or allegiance) and a Leitch pledge "screening for Canadian values" is simply that an oath of citizenship or allegiance typically references objective, fixed criteria rather than subjective ones. Again, it would to my mind be folly to think of adding any reference to values to the Canadian Oath of Citizenship beyond the objective criterion of those values that are enshrined in the Charter of Rights and Freedoms.

But here's the odd thing: currently the Canadian Oath of Citizenship makes no mention of the Charter. Here is the current wording of the Oath of Citizenship:
I swear [or affirm] that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, her Heirs and Successors, and that I will faithfully observe the laws of Canada, and fulfil my duties as a Canadian citizen.
That’s 23 words about the British monarch and her heirs and successors, and only 17 words about anything clearly Canadian. Even dyed in the wool monarchists might agree that this is disproportionate.

Not only is the Charter of Rights and Freedoms not mentioned in the oath; there is no mention of the Constitution of Canada at all. Now you might say that “faithfully observe the laws of Canada” implies adherence to the principles of the constitution. But the two are, in a very real sense, different things. To be sure, the constitution of a sovereign state is often defined as its “supreme law”—but it is law of a different sort from the laws that one “obeys” or “observes.” It is as much a set of principles governing the interpretation of other laws as it is itself a law. It is not in ordinary laws but in the Canadian Constitution—and, in particular, in the Charter of Rights and Freedoms—that core values are most clearly expressed.

Those who have paid attention to the wording of the oath have not infrequently argued that the prominence it gives to the British monarch is entirely inappropriate to modern Canada. As Joe Killoran has pointed out, it’s not only her status as monarch of another sovereign state that makes Elizabeth an unsuitable candidate for modern Canada to swear allegiance to. It’s also the restrictive religious status that goes with the job. The British monarch is head of the Church of England, and must always be a member of that branch of Protestant Christianity. So long as we retain the British monarch as our head of state, Canada is part of a hierarchy in which the head position is not open to Catholics, Jews, Muslims, Buddhists, Hindus, or atheists. If a monarch wanted to leave the Church of England, she or he would have to abdicate.

For the foreseeable future Canada is stuck with the British monarchy. But we are unlikely to be stuck with it forever—and we need not foreground it in the Canadian Oath of Citizenship. Let me propose a change, then—a change that, to be sure, is at some level merely symbolic, but that another level would be truly a change of substance. Let us adopt the following wording for the Canadian Oath of Citizenship:
I faithfully affirm that I accept and will abide by the principles set out in the Canadian Charter of Rights and Freedoms, that I will observe the laws of Canada, and that I will fulfil my duties as a Canadian citizen.
While we’re at it, we might consider requiring non-immigrant Canadians to take a citizenship course before they turn 18—at the end of which they would be given a chance to themselves affirm the same oath of citizenship. Given a chance, only. Not compelled.

And the oath itself? We don’t need a requirement to be willing to “bear arms,” as you’ll find in the American Oath of Allegiance. And we don’t need any long-winded guff about the monarchy. Just something modest and to the point. Canadian, you know.

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