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I raised this point here - http://forums.army.ca/forums/threads/49914/post-456710.html#msg456710 on 2006-10-05; here it is again, as reported in a Globe and Mail article which is reproduced here under the Fair Dealings provisions of the Copyright Act:
http://www.theglobeandmail.com/servlet/story/LAC.20061025.ITAR25/TPStory/?query=U.S.+rules+limit+hiring
This is a very human dilemma for employers and employees alike.
Now, I, personally, am inclined to believe that when a new Canadian accepts Canadian citizenship (s)he should, formally, renounce the citizenship of his or her birth and surrender any other passport and should refrain from applying, ever again, for another passport. But, I recognize that:
• Some nations do not care if you renounce citizenship – they still say: “You were born here, you’re one of us, regardless of that useless scrap of paper called a Canadian passport. We’ve got you, we’ll do with you or to you as we please and there’s nothing Canada can do about it.”
• There might be good reasons for loyal, tax paying, contributing Canadians to want use another passport, now and again.
I also believe that companies should be able to use ITAR (and similar foreign programmes) to discriminate in hiring and employment; but I think firing should not be allowed on that basis, alone – if José cannot be employed on this contract because he was born in Cuba then, I believe, the company must find him a new job at equal or higher salary.
http://www.theglobeandmail.com/servlet/story/LAC.20061025.ITAR25/TPStory/?query=U.S.+rules+limit+hiring
U.S. rules limit hiring at Montreal firm
Dual citizens barred from certain positions at aerospace services provider CAE Inc.
DANIEL LEBLANC
OTTAWA -- Canadians who hold a second citizenship from a country considered a security risk by the United States cannot apply for some jobs at Montreal-based CAE Inc., a multinational company that produces flight simulators.
The company's job postings state that a number of positions are restricted to people who comply with the International Traffic in Arms Regulations, which prevent dual citizens from 17 countries, including China, Cuba, Syria and Lebanon, from working on U.S. military contracts.
Of the 20 Canadian jobs posted on CAE's website this month, eight require applicants to "comply with" or "be eligible to meet requirements of" ITAR.
Canadian military industry sources say a number of other companies are also complying with the regulations, either by refusing to hire certain people or transferring them to other projects.
"When we work with the Chinese, we need people who speak Chinese," said Nathalie Bourque, CAE's vice-president for global communications. "In the case of ITAR projects, we will have to work with people who meet ITAR criteria."
Ms. Bourque said the company has 5,000 employees and can shuffle them around. If the company is not "flexible" and refuses to meet the needs of U.S. military clients, contracts will go to other companies around the world that meet U.S. rules, she said.
"It's like if you want to buy a specific kind of television," she said. "Even if they try to sell you a black-and-white set, if you want a 42-inch colour screen, they will sell you a 42-inch colour screen."
The Canadian government is refusing to impose ITAR on its own employees, saying the restrictions violate the Charter of Rights and cannot be enforced in Canada.
"Under the Canadian Charter of Rights and Freedoms, it is prohibited to discriminate against Canadian citizens, irrespective of where they were born or whether they retain citizenship in other countries," said Elizabeth Hodges, a spokeswoman for the Department of National Defence.
Canada says the United States is enforcing the regulations with increasing vigour. This is causing problems in Ottawa's plan to acquire billions of dollars of military equipment from the United States.
Foreign Affairs Minister Peter MacKay and Defence Minister Gordon O'Connor raised the matter in talks last week with U.S. intelligence director John Negroponte.
"It's an issue we're concerned about," Mr. MacKay said this week. "It also has commercial implications for Canadian companies."
The Charter of Rights does not apply to all private companies, but provincial human-rights codes also prohibit employment discrimination based on ethic or national origin.
Errol Mendes, a human-rights expert at the University of Ottawa, said companies can discriminate only by invoking the notion of "bona fide qualifications." This means, for example, it is appropriate for an employer to insist on an employee being a qualified engineer.
But Prof. Mendes said he doubts ITAR can be defined as a legitimate restriction. "Is this a bona fide -- or good faith -- qualification requirement, or one which is basically buckling down to an order to discriminate on the part of a foreign government?" he said.
The Human Rights Commission of Ontario recently referred a number of cases to the Human Rights Tribunal of Ontario, alleging that General Motors Defense of London, Ont., "did not allow persons with dual citizenship [other than American], to work on defence equipment, nor did it apply for a security clearance for these persons."
An aerospace industry worker in Montreal, who spoke on condition his identity not be revealed, said he was recently told he would have to revoke his Lebanese citizenship in order to qualify for a position.
"I was finally told that being a dual citizen will not get me ITAR clearance and hence, I cannot get that job unless I revoke my Lebanese citizenship," the man said. "I feel it doesn't change anything; I'm still the same person."
He said he is mulling the decision.
Prof. Mendes said Ottawa should be concerned if a company is found to discriminate against Canadian citizens as part of the purchase of military equipment. In many cases, when the Department of National Defence buys hardware from a U.S. firm, a portion of the work is subcontracted to Canadian firms that are asked to comply with ITAR.
Ms. Bourque of CAE said that the company hopes to win further contracts from DND, and will gladly allow all of its employees to work on those projects.
"The contracts we will do for the Department of National Defence . . . these jobs will be offered to people as a whole. For contracts with the American military, it has to be ITAR, so it will be for people who meet the ITAR criteria," she said.
This is a very human dilemma for employers and employees alike.
Now, I, personally, am inclined to believe that when a new Canadian accepts Canadian citizenship (s)he should, formally, renounce the citizenship of his or her birth and surrender any other passport and should refrain from applying, ever again, for another passport. But, I recognize that:
• Some nations do not care if you renounce citizenship – they still say: “You were born here, you’re one of us, regardless of that useless scrap of paper called a Canadian passport. We’ve got you, we’ll do with you or to you as we please and there’s nothing Canada can do about it.”
• There might be good reasons for loyal, tax paying, contributing Canadians to want use another passport, now and again.
I also believe that companies should be able to use ITAR (and similar foreign programmes) to discriminate in hiring and employment; but I think firing should not be allowed on that basis, alone – if José cannot be employed on this contract because he was born in Cuba then, I believe, the company must find him a new job at equal or higher salary.