Two Canadian brothers, whose Russian-born parents fraudulently acquired Canadian citizenship before being arrested for spying on the United States for Moscow, are not entitled to Canadian citizenship, according to the government of Canada. Tim and Alex Vavilov are the sons of Donald Heathfield and Tracey Foley, a married couple arrested in 2010 under Operation GHOST STORIES, a counterintelligence program run by the US Federal Bureau of Investigation (FBI).
Following the couple’s arrest, their sons, who allegedly grew up thinking their parents were Canadian, were toldthat their parents were in fact Russian citizens and that their real names were Andrei Bezrukov and Elena Vavilova. Their English-sounding names and Canadian passports had been forged in the late 1980s by the KGB, the Soviet Union’s primary external intelligence agency.
But the two brothers, who had never been to Russia prior to their parents’ arrest in 2010, are currently involved in a prolonged legal battle to keep their Canadian citizenship, after the government of Canada refused to recognize their Canadian passports. The latter were annulled when it became clear that the Canadian passports of the brothers’ parents were fraudulent. According to the Canadian Citizenship Act, children born in Canada to “employees of a foreign government” are not entitled to Canadian nationality. But the brothers argue that they were 20 and 16 when their parents were arrested and were unaware of their double identities. It follows, they say, that they cannot be punished for their parents’ crimes, and insist that Canada is the only home they know.
Last year, Canada’s Federal Court of Appeals overturned the decision of a lower court and ordered the government to reinstate Alex Vavilov’s Canadian citizenship. According to the Appeals Court, the Vavilov could not be considered as having been born to employees of a foreign government, since his parents were not accredited diplomats, nor did they enjoy diplomatic privileges while living in Canada. Since that time, the two brothers have had their Canadian passports renewed and say they hope to be able to settle and work in Canada. But the Canadian government was given until September 20 of this year to decide whether to appeal the Federal Court of Appeal’s decision, and take the case to the Supreme Court.
Now the Canadian government has filed a new court submission, effectively challenging the Federal Court of Appeals’ decision. It its submission, the government claims that the Vavilov brothers should be denied Canadian citizenship because their parents were, effectively, secret employees of a foreign government. The two Russian spies may not have been accredited by the Canadian state as foreign employees, it says, but they were in reality “dedicated to serving their home country, except in their case, the employment was carried out clandestinely”. Canada’s Supreme Court has said that it plans to hear the case before the end of the year.