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In Depth

Conrad Black

Becoming Canadian again: What are Black's chances?

Last Updated September 2006

Conrad Black gave up his Canadian citizenship in 2001 in order to get a seat in Britain's House of Lords. He called his status as a Canadian "an impediment to his progress in another more amenable jurisdiction." Now that Black's current status is a foreigner facing criminal charges in the United States, he wants his Canadian citizenship back.

What would it take for a former international media baron to reclaim his Canadian status? The following FAQs are taken from interviews with immigration lawyer Guidy Mamann in 2005 and 2006. Mamann is the senior lawyer at Mamann & Associates. He is certified as a specialist in immigration law and is one of 28 lawyers in Ontario to hold such a designation.

What are the consequences of renouncing Canadian citizenship?

Someone who gives up their Canadian citizenship gives up all rights and privileges as a permanent resident in Canada. They have no legal status and are not allowed to live or entitled to vote here.

Why did Conrad Black renounce his citizenship?

Shortly before Black was to be appointed to the House of Lords, he learned that then Prime Minister Jean Chrétien had invoked a precedent called the Nickle Resolution. It is a request from the Canadian government from 1919 that King George not confer titles on Canadian citizens.

Black challenged the prime minister's decision in court, arguing that he was singled out for his publication, the National Post, which was critical of Chrétien's Liberals.

What steps would Conrad Black have to take to reclaim his Canadian citizenship?

He would first have to apply to be a permanent resident. If successful, he would have to live here for at least one year before he could apply to resume his citizenship. As an immigrant, he would have to apply from outside the country.

Both of Conrad Black's parents are Canadian. What if he tries to go that route?

This shortcut may have been cancelled for Black if he applied for renunciation.

Many criticized Black publicly for renouncing his Canadian citizenship. Will this play a factor?

Each case has to be read by a judge, and the public nature of his case may not be a factor.

In court, he claimed the loss of his citizenship was politically motivated as a result of a public battle with then Prime Minister Jean Chrétien. Would another politician be able to help his case?

The fact that he faces serious public allegations suggests the Canadian government is not likely to grant him any favours. It is also unlikely that any politician, regardless of party, will stick his neck out for Black.

He faces challenges either way. Conrad Black did not lose his citizenship arbitrarily; he filed the application for renunciation himself. All applicants are counselled about the consequences of giving up citizenship as part of the process. Black's current status in Canada is that he is a foreigner facing criminal charges in the United States.

In an interview aired on TVOntario Sept. 25 2006, Black told journalist Steve Paikin that he was "going through the normal channels" to once again become a Canadian citizen. Would he be able to retain the title of Lord Black as a Canadian citizen?

That would be a question that would have to be decided by the U.K. authorities. It’s not a title that’s conferred in Canada. It’s conferred in the U.K., so eligibility of the title would have to be determined by them. What we can do is we can deny citizenship or grant citizenship on the basis of criteria acceptable to Canadians. But I know of no exclusion on the possibility of us granting citizenship to a person who’s been knighted overseas.

Do you foresee Black having trouble becoming a Canadian citizen considering the nature of the charges he's now facing?

Absolutely. He is right now a person who has no status in Canada. He’s not a Canadian citizen and he’s not a permanent resident anymore and he’s facing some serious criminal charges overseas. Presumably because of his political connections and his reputation, the government of Canada has chosen not to make an issue of this. That is remarkably rare given the type of allegations that he is facing. If we were to have a client who is a British national in another country and he tries to enter Canada facing those types of charges, he would be immediately arrested and detained for reasons of national security and released on a very high bond. He [Black] is not being treated as an alleged criminal; it seems he’s being treated as a Lord.

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RELATED

External Links

Hollinger investigation
Black indictment (pdf file)
Hollinger Inc.
The House of Lords

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