A Russian anti-war activist is facing the prospect of deportation from Canada after her citizenship application was blocked on the grounds that her blogposts had broken Moscows harsh laws criminalizing criticism of the invasion of Ukraine.
The decision, first reported by the CBC, which has baffled immigration lawyers, faults Maria Kartasheva over criminal charges leveled by Russian prosecutors, even though her dissent mirrors Canadas foreign policy.
She was charged in absentia with disseminating deliberately false information about Russia forces. She was convicted and sentenced to eight years in jail.
Im being punished for writing what Canada believes is the truth about Russias actions, she told the Guardian.
Since Russias invasion in 2022, Canada has been a vocal supporter of Ukraine, pledging billions in aid and hosting President Volodymyr Zelenskiy. Justin Trudeaus government has been deeply critical of the Russian state, sanctioning many officials including the judge who oversaw Kartashevas arrest in absentia.
Kartasheva, who had applied for citizenship, notified Canadian officials about the conviction. Under Canadian immigration law, if an applicant is charged with a crime in another country that has an equivalent under Canadas criminal code, the application can be refused.
Still, she was sent an invitation to her virtual citizenship ceremony. Moments before the ceremony, largely as a formality, applicants are asked if they have been criminally charged.
I figured they were familiar with my case because I had sent all of the documentation, and the explanation [was] that the law was a political one used to persecute those who speak out against the government, she said. So I said I had been charged and convicted in Russia.
Kartasheva was then told by officials her answer meant could not attend the ceremony. She was left heartbroken but was able to watch her husband receive his citizenship.
In December, Canadian officials told her in a letter that her conviction in Russia aligns with a criminal code offence relating to spreading false information. A case officer cited subsection 372(1) of the criminal code, which prohibits people from convey[ing] information that they know is false, or causes such information to be conveyed by letter or any means of telecommunication.
The rarely-used 1985 statute carries a maximum sentence of two years behind bars.
Based on the information currently available to me, it appears that you may be subject to prohibitions under the Citizenship Act, the letter said.
Kartashevas 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.
Another expert, the University of Toronto law professor Audrey Macklin, said the case appeared the result of an over-zealous citizenship officer and questioned the decision to pull her during the ceremony.
The individual has already been approved for citizenship and they had the information about this in-absentia conviction before scheduling her for the ceremony, she wrote in an email.
As a result of the decision, Kartasheva says she worries she could face the risk of deportation back to Russia. I know the odds are low, but so many things have gone wrong. How could I not worry that I might be deported?
She has since asked immigration officials to determine if the Russian law, which explicitly prohibits public dissemination of deliberately false information about the use of the armed forces of the Russian Federation does in fact have an analogous Canadian statute.
This feels like a surreal comedy, one in which everything goes wrong. But the problem is this is my life, she said.
The Conservative MP Tom Kmiec said confusion over Kartashevas case was stupid and should be fixed quickly.
There is no law in Canada that says you cannot criticize our military, cant criticize politicians, cant criticize our government thats part of living in a democracy, Kmiec told the Canadian Press.
Canadas immigration department said it had previously carefully examined Kartashevas case.
Individuals involved would be offered an opportunity to explain what transpired and provide any other information related to the charge or conviction, and the officer would take that information into account when making their decision. IRCC is committed to upholding the integrity of all our immigration and citizenship programs, department said. Until a final determination is made, cases are subject to review.
The office of immigration minister Marc Miller said it would not comment on specific cases.
Kartasheva said: Im troubled, because theres no transparency to any of this. Ive sent them everything I can, but I dont even know if theyre read it. Do they care? Or will I end up in prison because of bureaucracy?
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