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Keeping It in the Family: the (Re-‐) Production Of KEEPING IT IN THE FAMILY: THE (RE-) PRODUCTION OF CONJUGAL CITIZENS THROUGH CANADIAN IMMIGRATION POLICY AND PRACTICE by Megan Gaucher A thesis submitted to the Department of Political Studies in conformity with the requirements for the degree of Doctor of Philosophy Queen’s University Kingston, Ontario, Canada March, 2013 Copyright © Megan Gaucher, 2013 Abstract This is an eXamination of how conjugality acts as an access point for Canadian citiZenship. The conjugal family unit — married or common-law — continues to be privileged in Canadian law and policy; this is especially evident in immigration policy and practice. Family class immigration continues to be a steady source of immigrants for Canada, spousal/partner sponsorship being the primary type of family reunification. In order to control access, a strict understanding of conjugality is used to distinguish between legitimate and illegitimate families. When it comes to family class immigration, it is not simply a case of individuals sponsoring individuals; it is about the state producing and maintaining the ideal family unit through the provision of citiZenship. My analysis proceeds in two main parts. First, I engage with mainstream Canadian citiZenship theory — focusing specifically on the work of Will Kymlicka and Rita Dhamoon — and analyze its focus on the individual citizen. Moreover, I eXamine how the state’s asymmetrical treatment of conjugality has created two versions of the conjugal family — the inside family (families within Canadian borders) and the outside family (families outside Canadian borders). Second, I explore the state’s reliance on conjugal relationships in their assessment of potential immigrants and refugees in three areas of immigration policy — the assessment of seXual minority refugee claimants, the assessment of common-law couples seeking sponsorship, and the government’s current crackdown on marriage fraud. Combined, these examples speak to the Canadian state’s vested interest in privileging the conjugal family unit; furthermore, they highlight how the inconsistent and often ambiguous treatment of conjugality undermines its effectiveness as the primary mode of identification in family class immigration. In summary, this dissertation integrates families into a body of scholarship that has ignored the role that one’s personal relationships plays in the provision of state access. ii Acknowledgments While my name is the only one found on the front page, this project would not have been realiZed without the support of so many colleagues, friends and family. Margaret Little, my supervisor, was instrumental in helping me turn an idea I had four years ago into a reality. While many supervisors would have been hesitant of my steering away from traditional political science, Margaret wholeheartedly embraced the interdisciplinary nature of my research. When I needed a push, she developed a game plan. When I needed encouragement, she was there with a cup of tea and kind words. She is the strongest advocate of my work, particularly at times when I am not as confident. With Margaret’s guidance and support, I have created something I am truly proud of. Abbie Bakan and Janet Hiebert, have provided me with invaluable support throughout this process. Abbie offered generous advice on multiple projects during my time at Queen’s and has consistently pushed me to construct clear, thoughtful arguments. Janet introduced me to the world of Charter politics, which as you will see, has largely informed this project. Both Abbie and Janet went above and beyond their eXpected duties and I am truly grateful for their support. Others deserving thanks for their professional contributions include: Lois Harder, EliZabeth Goodyear-Grant, Kathleen Lahey, Martha Bailey, Vuk Radmilovic, Pauline Rankin, Sean Rehaag and Beverley Baines. I would also like to thank the faculty in the Department of Migration Law at Vrije Universiteit Amsterdam, specifically Sarah van Walsum, Thomas Spijkerboer and Juan Amaya-Castro for both their constructive feedback on this project and for welcoming a politics student into their legal studies world. While I am unable to mention names, I would like to acknowledge my interview participants, whose insights informed every aspect of this project. I commend your courage to share your experiences and hope that in some way, I did your personal narratives justice. iii Thanks also to the staff from the Access to Information Office at CitiZenship and Immigration Canada for their assistance with putting my dataset together, and Library and Archives Canada for helping me sift through countless boXes of records. The reason I’m still standing can only be eXplained by an amaZing group of friends. Much love to: Edward Koning, one of my only contacts to the outside world for the past eight months; Rémi Léger, for showing me that travel is the best form of therapy; Lucia Salazar, for always keeping things interesting; Erin Tolley, for your intellectual generosity and endless supply of cat photos; Andrea Collins, Aaron Ettinger and Rachael Johnstone, for making lunch the best meal of the day; Beesan Sarrouh, for our weekly library dates; Gabe Eidelman, for always being game for a catch-up over pints; AleXa DeGagne, for making the not-so-fun aspects of academia actually enjoyable and sometimes downright hilarious; and to Jeannette Trac, Derek Antoine, Leigh Boynton, Katie Farrell and Andrea Hopkins for their constant support for so many years. Finally, this project would not have been realiZed without the unwavering support of my family. Thank you to my sisters — Leah and Shelby — for always keeping me grounded. To my Mom, for inspiring me on a daily basis. To Bruce and Carolyn — my extended family — for your continued enthusiasm in my research. And, most importantly, to Brad, for the endless amount of encouragement and patience you have shown me over the past ten years, I am truly appreciative beyond words. iv Table of Contents Abstract ii Acknowledgments iii Chapter 1 Introduction 1 Chapter 2 A CitiZenship for all Seasons 14 Chapter 3 Inside/Outside Families 58 Chapter 4 Haunting of Relationships Past 101 Chapter 5 An Education in Conjugality 141 Chapter 6 Marriage Fraud Beware! 187 Chapter 7 Rethinking Conjugality 233 Conclusions Bibliography 272 Appendices 294 v List of Tables Table 4.1 Percentage of Married and Common-law Relationships 150 by Province/Territory in 2006 Table 4.2 Evidence Categories for Assessment of Conjugal 159 Relationships from OP2: Processing Members of the Family Class vi Chapter 1 Introduction “Immigration control is not just a power symbol of nationhood and people, but also a means to literally construct the nation and the people in particular ways” (Luibhéid 2002, xviii). On December 21st, 1967, Justice Minister Pierre Trudeau introduced an Omnibus Bill that called for significant changes to the Criminal Code, specifically the decriminalization of homoseXuality. Trudeau’s appeal was grounded in the belief that what is done in private between consenting adults should not concern the state, that there is “no place for the state in the bedrooms of the nation”. Family as part of the private sphere meant that any happenings within the familial unit were believed to be impermeable to state influence. The state should therefore have no place in the construction of one’s familial networks. Fast forward to forty years later, Canadian law and policy has undergone a significant transformation with respect to relationship recognition, with the legaliZation of common- law and marital relationships for both opposite-seX and same-seX couples. Ironically, the extension of benefits to common-law and same-seX couples has solidified a more permanent role for the state in the families — and ultimately the bedrooms — of the nation. While the state’s view of marriage has been altered, this extension of protections occurs within a pre- existing framework, one that favours conjugality. Policy development transpires within a framework where conjugality continues to define the norms and limits of permissibility. As a result, not only does the state dictate which actions in the bedroom are acceptable and consequently, which actions are not, it establishes the conjugal family unit as the primary space for relationship recognition. The normalization of acceptable family practice in policy discourse highlights the ways in which the privileging of conjugality has become intertwined with discussions of state power and citiZenship. 1 More often than not, family is absent from mainstream debates about Canadian citizenship. This is largely attributed to the fact that citiZenship discourse in Canada relies on the individual as the primary unit of analysis. Though varied in their normative positions, Canadian citiZenship theorists broadly claim that the equal treatment of citiZens relies on state acknowledgement of individual difference. Relying solely on the individual however, disregards the role of families and family construction in the provision of citizenship. Whether welcomed or unwelcomed, one’s conjugal relationship status results in the provision of certain state protections and the withdrawal or refusal of others. Conjugality therefore acts as an access point for Canadian citizens, challenging the individualist nature of citizenship discourse. This focus on the individual citiZen in Canadian citiZenship scholarship is compounded by the position that citiZenship, a public mechanism of state governance, and the private domain of family are separate. Often framed
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