and Citizenship Issues of War Brides and their Children> Who is Jackie
here to see Jackie Scott on CBC's The National, October 25, 2009.|
|Jackie Scott in a recent
photo, August, 2009. |
|Jackie Scott in the backyard of the
Ontario home where she grew up, 1950. Click
for larger image.|
|Jackie Scott perched on top of her
father's car which clearly shows Ontario license plates, 1950. Click
for larger image.|
My name is Jacqueline
Ellis Scott and I am a Lost Canadian.
I have been fighting
for several years to be able to legally say Im a Canadian citizen. I was
born in England in 1945 to a Canadian serviceman father and a British war bride
mother. Mum and I joined my father in Toronto in January 1948 prior to the suspension
in March 1948 of government-sponsored travel for war brides and children of servicemen.
Privy Council Order in Council 858 allowed for deferred or delayed entry if a
medical condition would prove dangerous or unsafe for an individual to travel.
I had such a condition that was corrected just before leaving for Canada.
"crime" is that I was born out of wedlock.
was never told of the circumstances of my birth and I only found out many years
later. For my parents generation, it was a stigma to have a child or be
born out of wedlock and it was never a topic of discussion. It was something that
was kept secret.
My parents married in May 1948 and were
together until my fathers death in 1995. Because of the circumstances of
my birth, CIC is discriminating against me based on gender, labelling me "illegitimate"
even in todays society, contrary to Federal Court orders issued in cases
that have been appealed and won because of this type of discrimination.
the gender discrimination perpetuated by the marriage penalty is corrected as
ordered by the Courts, then my citizenship is by right of descent through my father.
grew up in Canada, was educated, worked, married here. My daughter was born in
Toronto and is a Canadian citizen as are my grandchildren. My parents are buried
here. I even voted in Canadian federal elections. In 1972, when, I was 22 years
old, I joined my husband in the United States. At that time, the job market in
British Columbia where we lived was depressed and, in order to support the family,
my husband was approached and accepted a job with a former employer in California.
He was the applicant for the visa and I was a resident alien, a status I held
until 2005 when I was forced to take American citizenship.
never intended to take out citizenship in the States: as resident alien since
1972 I retained, or so I mistakenly thought, my Canadian citizenship. Canada has
always been home to me, but I was forced to take out US citizenship when, in 2004,
I applied for my Canadian citizenship certificate and I received a denial of that
application based on the fact that I was born out of wedlock in 1945. I was neither
Canadian or American: I was stateless.
Canada has recognized
dual citizenship since 1977 and if I'd known that applying for U.S. citzenship
would disqualify or prejudice my being recognized as a Canadian citizen, I would
not have done so. However, I never had any reason to doubt my Canadian citizenship.
All my family, including my mother who naturalized in 1955, is Canadian. I was
never told that I was anything but "Canadian" and I was and still am
in my heart, a proud Canadian. I take pride when I hear the Canadian national
anthem. Canada will always be my home and it's where I feel connected.
CIC says that I have no substantial ties to Canada. Theres no understanding
of what it is like to be denied my connection to the country where my roots are
and where I feel I belong.
In 2008 I applied for a special
grant of citizenship (Section 5.4 of the Citizenship Act) and again in a letter
received in March 2009 was denied for the same reason. Canada prides itself on
not discriminating. Isnt this discrimination and denial of my rights under
the Charter of Rights and Freedom?
Mosley stated in allowing Augiers appeal in 2004 that it was demeaning and
prejudicial to deny benefit to citizenship through his Canadian father simply
because he was born out of wedlock. He declared section 5(2)(b) unconstitutional.
Why is CIC blatantly violating and dismissing a Court order?
Not until 2005 when I was first denied my citizenship certificate
had I ever been told that I was not a Canadian citizen. During that application
process I learned of and saw for the first time a landing document that included
In the Benner case, it was ruled that in applying Section
15 of the Charter, its the time an application is first considered and right
to citizenship is denied. That being the case, since I was first denied in 2005,
my Charter rights are being violated by CIC. Applying the Charter is neither retrospective
My situation is similar to that of Joe
Taylor. Where we differ is was "domiciled in Canada" after my 24th birthday
and he and his mother returned to England when he was still an infant. Therefore,
I should not be subject to the loss provision in the Act. He was given a special
grant of citizenship in 2008. Why was I denied by CIC? Why is Joe Taylor now a
citizen and Im not? Why isnt Mr. Kenney honouring the promise made
by Diane Finley to handle those cases not covered by C-37 by Section 5(4) special
grant of citizenship?
My father volunteered to defend this
country in WWII. I believe he would be ashamed and angry that his daughter is
being denied her birthright. I pray that the Canadian government will stop the
discrimination and the denial of my Charter rights and grant me my citizenship.