Ted Cruz:Switch and Bait Birth Keep the Mom Out of the Debate

politifact-photos-Cruz_Iowa

Sen. Ted Cruz (R-Texas), a Republican presidential candidate, speaking during a campaign event in Newton, Iowa, Nov. 29, 2015. A big favorite of self-described “very conservative” voters, Cruz faces an uphill battle unless he can broaden his base among the GOP’s center. (Scott Morgan/The New York Times) XNYT17

This Photo From PolitiFact

I sincerely commiserate with my friends who are so excited for Senator Ted Cruz to be the next President of the United States. The debate seems to be focusing on his mother, and not Canada Law.  Unfortunately, By the Canadian Citizenship Act, It doesn’t matter whether Ted Cruz’s mom was born in the United States or became a Naturalized Citizen while in Canada.

What matters is that under Canadian Law, being a babe born in Canada in 1970, made you a Canadian Citizen and a British Subject.  Automatically. Ted Cruz was born in Canada, and under Canada Naturalization laws this makes him a natural born Canadian citizen.  Ted Cruz did not renounce this citizenship, until  2014.

To see how broadly Canada applies this law, on the 4th of January, 2009,  an Ugandan national gave birth on Northwest Airlines to a 6 1/2  baby girl named Sasha on a transatlantic flight from Amsterdam to Boston, in Canadian airspace.  The baby is considered, by Canadian Authorities, and subsequently by American authorities, as  a Canadian citizen, and this was accepted even when the child was later attended to in a hospital in Massachusetts when the plane touched down in the United States, after the birth. So the child more than likely has dual citizenship…that of the mother’s and that of her circumstances, in that she was born in an airplane  over Canadian air space.

The proof of burden is where you are  when you are born..not whether your mom is a Canadian citizen or not.  And this has been the application of Canadian Citizenship Laws since 1947.  The Amendments in 2009, and 2015 to the Citizenship Act have only underscored the mechanism by which naturally born citizens are considered by Canadian Law citizens even if their parents are not. The three sections of the law that apply to  Senator Ted Cruz are these:

  1. You, a person, irregardless of your parents citizenship status
  • were born or naturalized in Canada on or after January 1, 1947 and lost your Canadian citizenship;

the exception here proves the rule:

2.   You were not considered a Citizen by Canadian Law if  you:

    • were born in Canada but were not a Canadian citizen at birth because when you were born, one of your parents was a foreign diplomat and neither of your parents was a permanent resident or Canadian citizen;  

Ted Cruz’s parents were not diplomats, they had a business they were running together in Canada. The operative conjunction is ‘and/or’…you had to be a diplomat and neither a permanent resident or Canadian citizen.

3.      In order for Senator Ted Cruz parents to be a citizen of Canada, they had to have substantial interest in Canada, driver’s license, bank accounts, they had a business, they allegedly were listed as Canadian voters etcetera, all of which apply to his parents, but none of this actually applies specifically to  Senator Ted Cruz’s case, because he was born in Canada.

Simply being born in Canada or in Canada’s airspace makes you a citizen. Furthermore,  Ted Cruz did not renounce his citizenship at 18 years of age, he renounced it at 44 years of age, in 2014.

I posted these articles here so it would be easier for you to access them and subsequently do your own research in the matter.  If the United States starts changing it’s laws to accommodate wishes or manufactured public opinion contrary to the constitutional law and the bill of rights…we start to exist in a surreal Orwellian Animal Farm. And I hope that none of us wants that.  For further reading see below:

Baby delivered on plane is given Canadian citizenship

TIMESONLINE.CO.UK  JAN 04, 2009

 http://www.eturbonews.com/7030/baby-delivered-plane-given-canadian-citizenship

TIMESONLINE.CO.UK  JAN 04, 2009

A transatlantic flight arrived in America with an extra passenger after a Ugandan woman gave birth to a baby girl with the help of two doctors aboard.

Passengers cheered and applauded the arrival of little Sasha aboard Northwest Airlines Flight 59 from Amsterdam to Boston on New Year’s Eve, and even offered the new-born baby food.

The healthy 6 1/2lb infant was immediately taken to Massachusetts General Hospital on landing in Boston. But she is considered a Canadian citizen because she was born in Canadian airspace.

The mother, a Uganda citizen whose name was not released, was eight-months pregnant and travelling with her toddler daughter and a friend, fellow passengers said.

Six hours into the eight-hour fight, the crew asked over the intercom if there were any doctors aboard.

Dr Paresh Thakker, returning home from his medical school reunion in India, and Dr Natarajan Raman, who had been at a wedding in India, both responded to the call. They found the woman doubled over and wailing in her seat in row 33 with labour pains.

The flight crew asked Dr Thakkar, a former emergency room doctor who now works as the medical director at a Massachusetts health centre, if he wanted the plane to make an emergency landing.

“I said, ’No, let me examine her first. I examined her and the head was coming out. So I said, ’No, it’s an emergency and we will do it here,’ “ he told the Boston Globe.

The woman lay across three seats in the back of the plane while a couple of fellow-passengers held up a blanket to curtain off a makeshift delivery room. Flight attendants handed the doctors rubber gloves, a clamp and scissors from an emergency medical kit as they delivered the baby in about 30 minutes.

“She looked perfect,” Dr Thakkar said. “She opened her eyes and was very happy.” The mother thanked the doctors, telling them: “We love you.”

Dr Raman, an oncologist in Minnesota, told the Minneapolis Star Tribune that he had not delivered a baby for 20 years. “It just came right back to me,” he said. “It’s somewhere stored in the back of your mind and it comes together at the right time.”

“I’m usually dealing with patients at the end of life, so it was a very pleasant surprise dealing with the beginning of life. But I’m not planning to switch specialties.”

The airline does not restrict travel by pregnant women, though it recommends that women in their eighth month of pregnancy consult a doctor before flying.

Baby delivered on plane is given Canadian citizenship

The mother was eight-months pregnant when she went into labour on flight to Boston / WBZ/Channel 4

From Canadian Website:

Changes to citizenship rules

http://www.cic.gc.ca/english/citizenship/rules_2009.asp

 

Changes to citizenship rules around who is or who is not a Canadian citizen were affected when the Citizenship Actwas amended in 2009 and 2015.

Changes made to the Citizenship Act in 2009 and 2015 gave Canadian citizenship to certain people who lost it and recognized others as citizens for the first time. The following information may help you find out who did or did not become a Canadian citizen under the 2009 and 2015 changes to the citizenship rules.

Note: These changes did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

In 2015, you became a Canadian citizen if you were:

  • born or naturalized in Canada before January 1, 1947 (April 1, 1949, in the case of Newfoundland and Labrador) but ceased to be a British subject and did not become a citizen on either of those dates;
  • a British subject ordinarily resident in Canada on January 1, 1947 (April 1, 1949, in the case of Newfoundland and Labrador) but were not eligible for Canadian citizenship on January 1, 1947 (on or before April 1, 1949 in the case of Newfoundland and Labrador);
  • born outside Canada before January 1, 1947 (April 1, 1949 in the case of Newfoundland and Labrador) in the first generation to a parent described above;
  • born outside Canada in the first generation before January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador) to a parent who became a citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador) and you did not become a citizen on either of these dates; or
  • foreign-born and adopted before January 1, 1947, and at least one adoptive parent became a Canadian citizen on January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador for adoptions that took place prior to April 1, 1949); and the adoptive parent is eligible to pass on citizenship by descent.

In 2015, you did not become a Canadian citizen if you:

  • were born outside Canada after the first generation (unless one of the exceptions to the first generation limit to citizenship by descent apply);
  • renounced your Canadian citizenship or British subject status;
  • had your  British subject status revoked; or
  • had your Canadian citizenship revoked by the government because it was obtained by fraud.

In 2009, you became a Canadian citizen if you:

  • became a Canadian citizen on January 1, 1947 and subsequently lost your Canadian citizenship;
  • were born or naturalized in Canada on or after January 1, 1947 and lost your Canadian citizenship;
  • were born outside Canada in the first generation to a Canadian parent on or after January 1, 1947 and you lost or never had citizenship due to former citizenship provisions; or
  • were foreign-born and adopted by Canadian parents on or after January 1, 1947.

In 2009, you did not become a Canadian citizen if you:

  • did not become a citizen on January 1, 1947;
  • were born in Canada but were not a Canadian citizen at birth because when you were born, one of your parents was a foreign diplomat and neither of your parents was a permanent resident or Canadian citizen;
  • as an adult, renounced your citizenship with the Canadian government;
  • had your citizenship revoked by the government because it was obtained by fraud;
  • were born outside Canada to a Canadian parent, were not already a Canadian citizen or you had lost your citizenship in the past, and you were born in the second or subsequent generation (this includes people who failed to retain citizenship).

Amendments to the Citizenship Act limit citizenship by descent

On April 17, 2009, the rules for Canadian citizenship changed for persons born outside Canada to Canadian parents and who were not already Canadian citizens when the rules changed.

These rules did not take Canadian citizenship away from any person who was a Canadian citizen immediately before the rules came into effect.

Canadian citizenship by birth outside Canada to a Canadian citizen parent (citizenship by descent) is now limited to the first generation born outside Canada.

This means that, in general, persons who were not already Canadian citizens immediately before April 17, 2009 and who were born outside Canada to a Canadian parent are not Canadian if:

  • their Canadian parent was also born outside Canada to a Canadian parent (the person is therefore the second or subsequent generation born outside Canada), or
  • their Canadian parent was granted Canadian citizenship under section 5.1, the adoption provisions of theCitizenship Act (the person is therefore the second generation born outside Canada)

unless their Canadian parent or grandparent was employed as described in one of the following exceptions to the first generation limit.

Exceptions to the first generation limit

The first generation limit to citizenship does not apply to a person born outside Canada in the second or subsequent generation if:

  • at the time of the person’s birth, their Canadian parent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person (a crown servant);
  • at the time of their Canadian parent’s birth or adoption, the person’s Canadian grandparent was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or public service of a province or territory, other than as a locally engaged person (a crown servant).

The rules may also affect children adopted by Canadian parents outside Canada, depending on how the child obtained, or will obtain, citizenship.

Persons born to a Canadian parent who are not eligible for citizenship by descent due to the first generation limit may apply for and obtain permanent resident status and subsequently submit an application for a grant of citizenship under section 5 of the Citizenship Act.