In this July 1, 2010 file photo, Alexander Vavilov, right, and his older brother brother Timothy leave a federal court after a bail hearing for their parents Donald Heathfield and Tracey Ann Foley, in Boston, Massachusetts. The Supreme Court of Canada has decided the Toronto-born sons of Russian spies are actually Canadian citizens. The high court decision today upholds a Federal Court of Appeal ruling that effectively affirmed the citizenship of Alexander and Timothy Vavilov.THE CANADIAN PRESS/AP/Elise Amendola
Canada

Supreme Court rules sons of Russian spies are Canadian citizens

OTTAWA — Alexander Vavilov, the Toronto-born son of Russian spies, is a Canadian citizen, the Supreme Court of Canada has decided.

In its judgment Thursday, the high court upheld a Federal Court of Appeal decision that effectively affirmed the citizenship of not only Alexander but also his brother Timothy.

Aside from addressing the citizenship matter, the Supreme Court ruling aimed to bring clarity to the nature and scope of judicial review of decisions by administrative officials.

Alexander, 25, and Timothy, 29, were born in Canada to parents using the aliases Donald Howard Heathfield and Tracey Lee Ann Foley.

The parents were arrested nine years ago in the United States and indicted on charges of conspiring to act as secret agents on behalf of Russia’s SVR, a successor to the notorious Soviet KGB.

Heathfield and Foley admitted to being Andrey Bezrukov and Elena Vavilova. They were sent back to Moscow as part of a swap for prisoners in Russia.

Alexander, who finished high school in Russia, changed his surname to Vavilov on the advice of Canadian officials in a bid to obtain a Canadian passport.

But he ran into a snag at the passport office and in August 2014 the citizenship registrar said the government no longer recognized him as a Canadian citizen.

The registrar said his parents were employees of a foreign government at the time of his birth, making him ineligible for citizenship.

The Federal Court of Canada upheld the decision.

But in June 2017, the appeal court set aside the ruling and quashed the registrar’s decision. It said the provision of the Citizenship Act the registrar cited should not apply because the parents did not have diplomatic privileges or immunities while in Canada.

On the strength of the ruling, Alexander has since been able to renew his Canadian passport and he hopes to live and work in Canada – calling his relationship with the country a cornerstone of his identity.

In its decision, the Supreme Court said the registrar’s decision was unreasonable. Although the registrar knew her interpretation of the provision was novel, she failed to provide a proper rationale, the court said.

Although it involves the same central issue, Timothy’s case proceeded separately through the courts and was therefore not directly before the Supreme Court.

However, in a decision last year, the Federal Court said the ruling on Alexander equally applied to Timothy, making him “a citizen.”

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