A citizenship application of a Russian anti-war activist in Canada has been denied due to her blogposts violating Moscow’s laws that prohibit criticism of the invasion of Ukraine. As a result, she may face deportation.
According to a report from CBC, immigration lawyers are perplexed by a recent decision that blames Maria Kartasheva for criminal charges brought by Russian prosecutors, despite her stance aligning with Canada’s foreign policy.
In 2019, Kartasheva, the creator of the Russian Canadian Democratic Alliance, left her home country due to concerns about Vladimir Putin’s increasing suppression of opposing voices. In 2022, while residing in Ottawa, she discovered that her two blog posts about a massacre in the Ukrainian town of Bucha by Russian soldiers had grabbed the interest of authorities in Moscow.
She was found guilty in her absence of spreading intentionally false information regarding Russian forces. She was then convicted and given a prison sentence of eight years.
She informed the Guardian that she is facing consequences for sharing what Canada deems to be the truth about Russia’s actions.
After Russia’s invasion in 2022, Canada has consistently shown its support for Ukraine, offering billions in assistance and welcoming President Volodymyr Zelenskiy. The government under Justin Trudeau has strongly condemned the actions of the Russian government and has imposed sanctions on numerous officials, including the judge who presided over Kartasheva’s arrest in her absence.
Kartasheva, who had submitted a request for citizenship, informed Canadian authorities of her previous conviction. As per Canadian immigration regulations, if an individual is accused of a crime in another nation that is similar to one outlined in Canada’s criminal code, their application may be rejected.
However, she received an invitation to her online citizenship ceremony. Shortly before the ceremony, as a customary procedure, applicants are inquired about any criminal charges they may have faced.
She stated that she believed they were aware of my situation since I had provided all necessary evidence, and she explained that the law was a political tool used to target individuals who criticize the government. Therefore, she mentioned that she had been accused and found guilty in Russia.
Kartasheva was informed by authorities that her response disqualified her from attending the ceremony. This news left her feeling devastated, but she was able to witness her husband receiving his citizenship.
In December, a letter from Canadian officials stated that her conviction in Russia falls under a criminal offense for disseminating false information. The case officer referenced subsection 372(1) of the criminal code, which forbids individuals from knowingly conveying false information through written or electronic means.
The 1985 statute, which is seldom utilized, has a maximum penalty of two years of imprisonment.
According to the current information I have, it seems that you may be bound by restrictions outlined in the Citizenship Act, stated the letter.
Kartasheva’s application appears to be caught in a seemingly absurd administrative tangle, with one lawyer telling the Guardian the case was “evidence of a bureaucracy doing what a bureaucracy will do: send things up the chain”.
Audrey Macklin, a law professor from the University of Toronto and an expert in the field, expressed her opinion that the situation may have been caused by an excessively enthusiastic citizenship officer. She also raised doubts about the decision to remove her during the ceremony.
In an email, she stated that the person has been granted citizenship and was aware of the in-absentia conviction before being scheduled for the ceremony.
Kartasheva expresses concern that she may be deported to Russia due to the decision. Despite the low probability, she is anxious about the potential consequences.
She has requested for immigration authorities to investigate if there is a similar Canadian law to the Russian law that forbids sharing intentionally false information about the use of the Russian armed forces.
She expressed that this situation resembles a bizarre comedy, where everything goes awry. However, the issue is that this is her reality.
The Member of Parliament for the Conservative Party, Tom Kmiec, stated that the confusion surrounding Kartasheva’s case was unnecessary and should be resolved promptly.
According to Kmiec, speaking to the Canadian Press, there is no Canadian law prohibiting criticism of our military, politicians, or government. This is a fundamental aspect of living in a democratic society.
The Canadian immigration office stated that they had thoroughly reviewed Kartasheva’s situation.
The department stated that those involved would have a chance to clarify the events and share any additional details about the accusation or guilty verdict. The officer would consider this information when making their decision. They also mentioned their dedication to maintaining the honesty of all immigration and citizenship programs. Cases will be reviewed until a final decision is reached.
The immigration minister, Marc Miller’s office, has announced that they will not provide any remarks on individual cases.
Kartasheva expressed her concern about the lack of transparency in the situation. She has provided all the necessary information, but she is unsure if it has been reviewed. She wonders if the authorities are attentive to her case or if she could possibly face imprisonment due to bureaucratic processes.
Source: theguardian.com
