3 t;iesenncre e Caznss2 aHIin mnvqration Canath inmiarasbn Canada

Registrar of Citizenship360 Laurier Avenue WestOttawa, OmarioKIA ILl

August 15, 2014

NIt ..Alexander \ajvffo Mr. liadayt Nazanri3.396 St. Clair Avenue Westloront.o, Ontario M6c: 1 A6

Dear Mr. \avilov

I am writing pursuant to subsection 26(3) of the Citizenship Rehulaoons, SOR/93246.This provision authorizes, me to cancel a certiflcate of citizenship where it is determinedthat the person to whom it was issued is not entitled to it.The following is a summary of the information on your (lie which leads me to believethat you are not entitled to the certificate of citizenship number KI 160968 and athichswnzests thnt your certificate should be recalled and cancelled:

1, While von were born in Toronto, Ontario. Canada, neiti.ser your mother, ElenaVavilova, nor your father. Andrey Bczrukov, were citizens of Canada nor werethey lawfully admitted to Canada for permanent residence at the time of yourbirth.

2. In 2010, your Parents were convicted ofoconspiracy to act in the United States asa Ioe ign au.emt ot fat z oi vet non. t Tin F >1 tI I C itt of ln\ tstt a ilioti clthe United States recognized them as being unofficial agents working as il/ego/sha Ru.c%Id s I ar.og i DLII n.pcc Se v cc the S1vhhci ilk ihnt ]?afl4o/M (SVRjCIC .rnamtamus that the SW?. de.pioved your parents to Canada specifically for diepurpose of stealing the identities of Canadians and budding, their respectivelegends prior 1.0 reiocanrw, to the United States unde.r the stolen Canadiandentaties of frace Lee Ann Foley and Donald Howard 1lcathtieid. Based on thiscin nm, at m 1 ju c th at he tnt u o out hit th y ot r t cot a u c mriplo tcor rcprese.ntat ivces of a foreign roernment. Accordingly. pursuant to paragrash3Qha) of the Cirzenship Act, you are not a Canadian and were never entitled toCc tofu Ic I ( ant L r ,ttzcnsh i u ur F 1 J6Q)6yI have therefore decided to cancel your certificate of Canadian nitizenshi riurnoerif 1160968. As of the date or ibis: iette:r. C IC rto longer recognizes you as a ctize.n 0Canada arid, our svsten:s now reflect thai you no longer hold a legal status in Canada.

Cai a(.1 :i

7irc:vann1.te a1 0ftizansnp and.2 {rnrnatLon C-ariaaa immigraSon Canada

Pursuant to subsection 2.] (1) or the urnzenrhip.4cr, recently enacted, you may make anapplication to the Federal Court for leave and judicial review of this decision. You maywish to obtarn legal advrce from counsel as soon as possible, as an apolicatton for leavei.n respect of a decision must be made within 30 days after the decision was firstcommunicated to you,

Stncerely.

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/r ;)Registrar of Citizenship

Caia(.1a

REPORT TO THE RECISTRA RRECALL OF CITIZENSHIP CERTIFICATE

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N:kIVIE: VAVILOV,Alexander Phtlip Anthony

DOD : (13/06/1994

COB: CanadaCITIZENShIP: Russian

ISSUE

CASE ID: 5508440FILE ID :4325415CCI : 8949-7842

OFF1CEIJIiIUSDICTION: CMIII

II his refers to a certificate of citizenship that was issued to Alexander Philip Anthony Vaviiov(born Foley) on January 21, 2013, rursuant to subsection 3(l).a) of the Citizenship Act.Vs tp3tcation as brined in rroi as Mi \ ai1o; s paRats acrt ri ii itph te I rrepresentatives of a foreign government (the Russian Federation) during the time they resided inCanada, including at the time of Mr. Vaviiovs birth in Toronto. Ontario on June 3, 1994. A.ssuch, Mr. \1avilov was not entitled to receive a citizenship certificate pursuant to paragraph3(21(a) of the Citizenship Act. It is therefore recommended that the Registrar of Citizenshippursue recall cdl Mr. Vavilons cenificate of citizenship Ki 160968, pursuant to subsection 26(1)of the Citizenshit, Regrilations.

BACKGROUND iNFORMATION

i)ate1 03 01 lt Mr Vafo s oru n forouw Untnno

1 8 U 79 0 Lkna \ a dos a md 4.ndi c.y 13c,,rukov, Mt V as lbs s p cOtS die i1onit s nItI U otht iS s s o in t,onsur us o act n th Urn te I S a es as a toni tin LIPC ittof a lore i ;o nount he I cLr I But u of Ii cs 1 toon of tht. UnitedStates recoanizes Us. Vavilova and Mr. E3ezrukov as being unof ieud agents, orspies, won. ing fbr Rus.stas Foreign intelligence Service, the Siuzhbcz VneshneyRaziedki ISVR).09107120 10 The United States and Russia. engage in a spy swap at an. airport in Vienna.Ms \1 5 to a am Sfj 9e, uAo icturiwd toIii Oi 2101 1 he ( mon iC (ir. a if Russ it Sso Ic) MB1IaF is uc Mr s i tOns aRussian birth certificate.

p 1.. \I nito spnlrs lOt 1 ( mu ii at s p nun at lit. C in idi it I n hssss in\loscov i iii vl il t n ci i WMr. Vavilov applies for a study permit in Ottund (iri.iversi.td du Flnyre in FranceIi s ouk sot r 111 )hta neil th s toO e r atU \ i dos dii ucitlon lot i ( ui tdiai stint p to i Ic lpliII ii aidI 5t9 .OItL out.1 in a si S 20hz) tilIow a the ius i 000 4 tiLt I I Sitseoverv o SeeurItV lookouts ciilteie0. in FOSS under a duplicate [Cl (652 0

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17/0812012

[ 353)!1 ooeurrmidea IcI rt nd nO) I LIOh en \4i \a0parems including concerns over the identity and. citizenship of each family I31108:2012 Mr.\7avi]ov is interviewed by a Canada Border Services Agency liaison olficerin Moscow. Russia. During this interview, Mr. Vavilov states that he did notapply for a copy of his Russian birth certifi0ate and was also not aware of whythe document was. issued by the Russian Consulate in Sydney, Australia,09/10/2012 An application fhr a .3(1)(a) certificate of citizenshi (application for proof ofcitizenship) is tiled on behalf of Mr. Vavilov by the Chaudhary Law Office.located in Toronto, Ontario.

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e 01/2013 CrC yune dPO csfr Vatilo C (a) piicau,r red s>ueqcertificate of eftizenship number K 1160968. The certificate is mailed to theL...__ Chaudh9f14/0212013 Mr. Vavilov applies for a Canadian passport out of Buenos Aires. Argentina.He presents Passport Canada his Canadian certificate of citizenship, a long-form Canadian birth certificate (complete with hand written amendments to hisname from Foley to Vavilov), and a ten-year Russian passport issued to himin Aunust 2012.

Li/06/2013 Mr. Vaviiov files an application for mandanns h the Federal Court requcstifltthat Passport Canada either issue him a Canadian passport or disclose thereasons as to why his application is on hold.21/06/2013 The mandamus is settled out of court following Passport Canadas agreement toissue. Mr. \avilov was slated to pick up his Canadian Passport in Buenos Aireson 19/07/2013.

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.18/07/2013 Passport Canada decides not to issue to issue the passport following concernsI, about his entitl einent to Canadian Ci:U ZCflSI1jP.19/07/2013 CIC sends Mr. Vaviiov a procedural fairness letter inibuming him that that hehas thirty (30) days from the date of receipt to pros-ide submissions to CIC as towhy his certificate of citizenship should not be recalled on the grounds os3(2)(a.) of the Cinzciisflp ,dct.Mr. Vavi.lovs legal representative Max Chaudhar requests an additional sixty(60) day extension fbr submission of documents.The Reristrar of Citizenship grants Mr. Vaviiov the sixty (60) day extension.The amended deadline was SCI for October 15, 2013.Max. Chaudhary files an A.TIP request .1i.>r Mr. Vavilovs electronic citizenshipfile. The request is finalized and the information is sent to Mr. Chaudhary saILenn000nSeptember6)2013

i\4r. Vaviiovs flew counsel, Fladayr Nazanu from Jaek.man Nazami andAssociates, files an ATIP request for CICs electronic cit.enhip file and the.physical citizenshi.p/natutai ration file in Ivir. Vavilovs brotlter Iimothy

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..08/10/2013 Mm. Nazarni sends 0/it a letter requesting to have Mr. Vavilovs tile with hisbrothers open application Or a proet 01 C107,eI1Sliil) certtiC.ate. The letter alsoreouests a second sixty (61)) day extension tbr sulrnsmon or docrnrents.511 13 Mr. Nazanu sends a second letter requesting, once :Oor that the two casc he-

uTfld mr i cot I (0 i Li ter I_r t

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31/07/2013

08/08/2013

08/08/2013

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201 lb R stt r o ( tienship ci s utVavilovs counsel confliTning that dC has ir.ed butli cases and that th.eded deadline will he sent onec both AiJP requests have been completedby did-Ni-TO ATIP.Ths1 i0!20i3 CIC-N.F1Q ATIP finalize the ATIP request concerning limothy Vavilovstiectionic c tie chw litc Ibe inrorrnu ci s cn io M Naz urn04/12/2013 CIC-NHQ AfiP finalizes the AilP request concerning Thriothv Vavjlovs-

JIcl cOI7tl n ahiiua lilt I he mforn v a a tflt to ivir \uirrn22/01/2014 CIC-NHQ ATIP finalizes the ATIP request concerning AJexander Vavilovselectronic and physical oinzensiiip/nat.uraiiz.ation file, The i.ntbrmation is sent toMr. Nazami.

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020l4 Folloudng receipt of the AT disclosure package. Mr. Nazami sends a lener to.dIR referencing a note entered by a Prograr.n Support Officer at CPC-Sydney in.March 2012 (before the file was transferred to CMJ3). The- note states that dIdshould seek a Foreign Affairs Protocol vcrifcation from DFATD to ascertain ifMessers Vavi]o-v parents had diplomatic status in Canada at the time of their isons births. Mr. Nazarnis letter requests a cony of this verification.18/03/2014 diR responds to counsel b confirming that the verification was never soughtbecause Messers Vavilovs parents were employed in Canada by a fbrejgnI government without diplomatic, consular or official status. In an act of goodfaith, CIC extends the deadline for submission an additional thirty days. Theamended deadline is set for April 18, 2014.01/1)420 4 Mr. Nazanti writes a letter to CIR questioning the decision not to seek a ForeignAflhirs Protocol verification. The letter charges that the author of the March 18,201 4 letter to counsel should recuse themselves from tmdertak.ing any I investigative or decision-making roles with regards to this case due to theirpre-judgement of the interpretation and appticct.ion of s. 3(2Xa of theCitizenship Act.09/04/2014 CER responds to counsel by sirnpI.y confirming that a Foreign Affairs Protocolwas never sought as CIC does not believe that Messers Vailov s parents everheld diplomatic, consular or official status in Canada.. dIR also reaffirms that

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the deadhne for submission is April 18,2014.-

I 8/04/20 14. C1.R. receives submissions from counsel relating to odginal procedural fairness*

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letter dated July 19,2013_.

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LF:CLSLA1IVE FRAMEWORK

Mr. Vaviicw is not entitled to Canadian. citizenship because he was born in Canada to parentsemployed by or representatives of a foreign govermnent at the time of his birth, pursuant toparagraph 3(21(a) of the Citizenshfo Act. His parents were not lawPaliy admitted into Canada andneither are nor has ever held permanent resident status in Canada or Canadian citizenship. Therelevant sections of the Citizenship Act substantiatmg thts Reports recomrrendation to recallMr. Vaviiovs certificate of citazenship are the following:Subsection 3(1) of the Citizenship Act reads (in part) that:

311) Persons Who are (12tizens Subject to this act, a person is a ClitZCfl {i(a) the person was horn in Canada a/leeI7ehruczry 14 1977;

Subsection 3(2) of the Citizenship Act reads (in part) that:312) Not Applicable to Children UI Foreign Diplomats, etc.

Paragraph (1pv) doesr ap (1) 71it.rco ta he m 0, r s b:i jO rica net tci I 1 L. ZC 71 07ian/idly ad,nitred to Canada for permanent residence and either ofhi.s parents were:(a) a diplomatic or consular officer or other rejiresentanve or employee fF1Canada ofaforeign government fempitasis addedj;tOli Ce in tnt Wfl Cc J xr.son eIcae Ito op I t,Thtt7I 9Icci an flit r- ppic itt. cil 1 mcd 0 svtt a Zt d t yac r cc hc L mcSainons or WI officer or employee in Canada of ani other internationalorgamsatton to whom they are granted, by or under any Act of Parliament,diplomatic privileges and immunities certified liv the Minister 01 JoreigiA airs to be equivalent to those granted to a penoti or persons ivferred tozn paragraph tip

JT ISO thu Cr a 1 p ( izcy3 p Itt 94 , as tn idul tO Iflu nile cp rhu v anon cit flitexcepnon csiuently [bond in subsection 3(2) at the Ciiirenship Act, Under the previousIegtslanon, this e:wej.ction read as follows:Sf3) Subsection (I) does not apply to a person if at the WILe of that person s birth,, hisresponsrble parent

(a) :s an alien who has not ceen iaciqidiv admitted to Canada for permanentrestdence; intl(1,) is

ccc 1 r s,n d ii flu Ii 0 1 tci c 1 QI a L ji t SC/fl Icli 0/ C.co ign go , imca- at c n Ic UI /0/c ScI an i rcoc of a ,n c 1 5/c, c cl/Ic it it n a 7c cj 1 Utofa/?nvign di iomaN: rn/s.c ion or consulate in t .%cnotta; orftc cay K 0 0 r c c- tif c S(c/ 1 c I Il 1

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Sui,eci1o1i 35U ) oftbe interpretation ,Ict reaLls that:3jI1). Jjj eve?]? eiacrme;;s,

tJzPi111cst;c or COfl,StSICZ? aijicer triclucks Q?? ImOi2SSCJCUjr, enVoy, n?tnisret,cIi(ng4 d cttirGS, counsellor. secretary cutoche, consulgeneraL canctil. proconsul, consular r2gL13t. acting consular gewral, acting k: consul, actingc) in if agn ip commss ci

I n ii deL a1 aci iS,? 2 I 75/icommissioner, and acting pcnnaneid delegate

The previous iteration of the exception of right to Canadian citizenship to persons born inCanada in the Canadian Citizenship Act, 1947 is. more narrow than the iteration found insubsection 3(2) of the current Citizenship Act as the earlier provisions link the termsrepresentadve and employee to an o.ffcial and/or recognized accreditation or, even moredirectly, to a diplomatic mission. The way in which subsection 3(2) of the Citirenvhip Act iswntten. however, differentiates diplomatic or consular officers front representatives oremployees of a foreign government. The definition of diplomatic or consular officers, foundin subsection 35(1) of the interpretation Act. clearly associates these individuals positions withofficial and/or recognized accreditations or posts in diplomatic missions. Considering thatsubsection 3(2)(a) also makes reference to representatives or employees of a foreigngovernment, but does not link the representatives or employees to attached m or in the serviceof a foreign diplomatic mission or consulate in Canada (as did the earlier version of theprovisioni. it is reasonable to maintain that this provision intends to encompass i.ndividua.is notincluded in the definition of diplomatic and consular staffIt is i utcd that to date tren is ul cas n & dii g V h p< rsgi aph a2 ;( -i of ;hc ( :tzcn.sJ

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Act. the jurisprudence that does exist only relates to individuals whose parents maintaineddipl.oraatic status in Canada at the time of their birth) It is noted that the portion of paragraph

ji a ihdt s a pla\ in ibis ac i ota.., c rec.r u c n; nplo n Canau i. of a tot eisagovernment) ass not yet been analysed by the Courts.ANALYSIS OF CASE DVJA1LS1. Neither of his parents was a citizen or Iawfnllv admitted to Canada :or pennanent

residence

Elena Vavilova anti Andrev Bearokay No stat us in Canada

The chcnt s co unsel claims that at the time of Mr. Vavilov s birth., Elena Vavilova and Audreytlezrulco< (the parents of Alexander Vaviiov) ;v rc. Canadian citizens, ide maintains that alfnouithMs. Vasilova and Mr. l3ezruicov obtained Canadian citizenship by misrepresentation or by otherfracoulent means, their commission of fraud does not impact Mr. Vavilov s entitlement toCanadian citizenship.

See:..ItdA.un;/i p. Canedu (Mister of[

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dc mairLtains tlwa this reasoning is flawed fi).I several reasons. First. extensive searches in (J(ssystems inditte that zieither have any irnmigrnW>n or citizenship history in Canada (searcheswere conducted Under their real names and their alhises). Neither individual has e or applied [Oror been granted permaflent resident status in Canada or Canadian citizenship Assuc(Ii.vts. Vavilow. and i3ezaiko. Jid not obtain citizenship by fraud, misreprcsefltation or byconcealing material circumstances because neither individual has everheld status in Canada..rhe ciients counsel also indicates On page 7 of the ?viemorandum of Pam and Law thatsnhsection 4(2) ofthe Canadian Passport Order stipulates that Canadian passports shall only heissued to Canadian chizens. Although Ms. Vavilova and Mr. Bezrukov were issued Canadianpassports, CJC recognizes that Passport Canada issued those passports to Mr. Vavilovs parents.because both provided fraudulent documents indicating that they were Canadian-horn citizens.The issuance of a Canadian passport, howevei; neither confinns nor confers Canadiancitizenship. As such, counsels argument that the appropriate remedy against Mr. Vavilov sparents misrepresentation is revocation, pursuant to subsection 100) of the Citizenship Act, isincorreci because citizenship was never granted to his parents.

are_Donald Howard HeathfIeld and Traciv Lee Ann Foley?On June 27, 2010, the U.S. Federal Bureau of Investigation (FBI) multi-year investigation caineto a close with the arrest of Andrey Bezrukov (aLa Donald Howard Heathfield), Elena Vavilova(aLa Tracey Lee Ann Foley) and eight other individuals suspected of being SVR operatives onlongterm deep cover assignments across the United States(( The U.S. District Court for theSouthern District of New York charged each with. conspiracy to act a.surilawftil agents of aforeign government and nine of these individuals (including Mr. Elezruk.ov and Ms. Vavilova)with conspiracy to commit .tnoney laundering.

On July 8, 2010, all ten defendants plead guilty to conspiring to serve as: unlawful agents of theRussian Federation within the United States before Judge Kimba M. Wood, As part of anegotiated, plea agreement, all ten defendants were required to reveal their true identities to thecourt and i.o surrender certain nets trained or acquired throua,h criminal means. i)eibnd.antstf_to aL Hovaid [Iuathfltlcl rd

.1 rac. Lee Ann F olei admttttd the ncte Rucsan citizen\nJ Bczrukov and ;: cue \ avilo\a age its 01 he Russian lee entuon On tub 9 2010 theUnited States and the Russian Federation engaged in a spy swap from an airport in Vienna,Austria. On this date, the custody of all ten delb:tdants was trarisierred to the Russian Federation.in exchange, the Russian Federation agreed to the release and transfer of four ii.id.ividu.aisincarcerated, in Russia fir allegedly working with or :fbr Western intelligence agencies.Accorung to Maria L. R.icci, Special Agent with the 1-El. Mr. 13ev ukov ciaixnd to he DonaldI lo a rd I leaithtidi a et , / d I. ( ,tue tin in C uaada I h 1131 has in in iennmt dthat Mr. l3ezruhov claims are false. On or about January 23, 2001, U.S. law enfbreemnent officialsoaneo access to a safety denosit box that Ms. Vavilova arid i3ezrukov had registered in thenames of their respective ..j.cioe-5, The box contained a copy of a Canadian birth certificate madeOttke of Public Aifaira. Ten Russian Agems Plead Guilt and Are to Be .R.erno\ed from iNc I rtited Snares, US1 or, ucu (Ink 05 ztI{n I n. 0 fli 0 a S aC S 5d 10 _I20 !l

HI the name o f)cna]d iIo\va-1d Heaithuieid. The 1-131 cross-crcrcnccd the name Oil the birthcert.ificaw with the infortyjaj(n contained in a staiern..e.qt of death provided by Ca.utii.iai

uthoi ILles I til JC Jit Lc1i J)ona1d 11 iJ i IL tLj elc I)oln in Ontallo onFebmary 4. 1962, ased away as an iui.nt in Burlington. ()nu-irio on March 24. 1 962?vis. [

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inLe1litCI1Ce Service uomponen.t of the Russai 1.nte1iiL4e1ic Se;vices ( RIS). is responsible %irthe operational control. tannin. documentation, and financintt of Russias iIIe)zaIs.Uorroborated open-source information indicates that the SVR orovides illeguls with extensivetraining prier to their relncatt.on. In a report on its investigation mto the SVR spy network in theUntted Stares (which included sections on the specific activttes conducurd by Ms. Vavilova andMr. l3ezrokov\ the P131 maintains that SVR. training includes: foreign languages; agenttoagentconirnunications; shortwave radio operation; invisible writing; the nyc of codes (includingencryption); the creation and use of a cover profession; counter-surveillance measures;concealment and destruction of equipment and materials used in connection with their work as

agents;

and the avoidance oidetection durine their work as aeras.tO

Upon cornpletion of these -ainintt programs, the SVR provrdes iilegcz/s with Ihise identitiesknown as iegends CSIS recognizes that these legends or false biographies may he entirelyfabricated (i.e: based on a tictitiotis name and fraudulent documents) or stolen front hymn ordeceased individuals. These new identities are complex and elaborate and can ofien take yearsfor the agents to assume as their own. When a legend is deemed sufflcientiy convincing, it isused as the agents primary identity and, ultimately, becomes indistinguishable from {his] reallife.4

The crafting of a solid legend may involve the short-term establishment in a host cour,tryprior to arrival hr the target country (the intended target of S\iR intelligence collection). Timespent in a host country. as CSIS maintains, is used to build art identity (i.e.: steal or crc-ate anidentity. learn a language; burld a history and/or create linkages to a city or country to allow fordeeper cover) that can be used in the target country The P131 has also found that i//egctls willpursue degrees in the educational institutions in target countries, obtain employment, and loinorofessional associations in order to render an illegals legend more credible and convincing tohis or her colleagues, neighbours, and friends. Alexander Kouzminov, a former intelligenceoperative with the SVRs Directorate S who has since defected from the SVR, adds to this_NcrptWP In marrtarrLtn that tl e S\ R is Ltoni n nt_me dh gab for worl in t ugetcountries br a period normally of 15-20 years.

Existing literattue ott the /llegnls program eonttrms th.at covertly deployed intelligence agentsoerate in host and target countries without the benefit of officia status lo preventexposure of the agents deer) cover identity, the a tent limits interactions wtth his/her native.

/eaerai Court in the tinner cytne Person Afir trios- be Paul it?llicun fjcunri ,iotemc>t Su.cit.; centric>7 )fl ?t7/ 7, ii ,

>.( nt t_Jn >0,1> ,o 10, 07it cci, Report 13r the U.S. District Critic; for the Southern Distric: of Net> turkIt?> ) c 0> on jk feattod urn r I a uP, u\IIII 0,1 ft,ec et 1 > c \uoc ( N IL (_cof, Ii , i>Slat-ic Mt/nary Srt,lie.c 20, no. 4 tWinter 2007): 519-558Eject, Report fOr the ifS, D>strici Coan fur the 5,;>titrri District of New YorsK Pool Cnmsrock, Faife Flags, Ethnic Fiosr,Ls, arid Doy N, nfl/Onto: l.iterary Review (Marcit 31. 2007,nuu:ncal treviow com:rfPnls:etioc ethnir-hotribs-aud-day-:o (accessed May 20. 2014)

I c B I r0 ,iZtO,,> 101, 5 Thi 0 Sr

Isiate*s (if1]Cial rereScntatives staunacci in tte hogL or ntrgel countries. :6 As cuch. iJkcoL noverhold. azw frm or level of diplomatic or consular sirims (ho.nce thcn. being Known as diegnJs) ,Past Instances of lllecil.c Oneratino in CrwadaIs has o uk n Q/nu1 I i_s ac Spc ci Qc azmm of ik 5o1ft I 0 20 JJZ .L WI JOH 1c0intelligence Services in the West. Kouzaninoy comments specifically about the SV.Rs activitiesin Canada. For the SVR. Ie writes Canada is an attractive country as an i/Icgo! who has theettizenshp of any counny in the British Commonwealth [findsj it is easier to cross borders andnassoort controls, to move around the world, and operate in nianv countries.1For the SVR.e,sui no the du agcrib c b_s eo-ne naceaa 7t I ( adtens or assuan Cenadiar tthrames auGcan acquire. the documents that come along with such a privileged status (i.e.: birth certificates;certificates of citizenship; Canadian passports or travel documents) is conducive to the mobilityand credibility of their deployed acents.

The .SVR has deployed operatives to Canada in the past. In May 1996, the Solicitor General ofCanada, l-lerbert Gray, and the Minister of Citizenship and Immigration, Luciennc Rnhil.lard,signed security certificates detaining Dmirry Vladimirovich Olshevskiy (aka Ian MackenzieLambert) and Yeleaa Borisnovaa (aka Laurie Catherine Mary Lamberfi. Mr. Olshevskiy andMs. Borisnovna had stolen the identities of deceased Canadian infants to build their Canadianrtnds Again in 200h Mn3cer 0 ikouc Safer Stoek,sclJ Ika and 5Iita 45 4)1 (Ltiicnshtpand intmigrarion, Monte Soiberg, signed a security certificate detaining another Russian citizensuspected b CSIS of being an operative of the SVR. This individual had also assumed&audtslent Canadian identity under the name Paul William Harnpek At the time, Minister Dayclarified that be did not feel that [Mr. Ha.nweis] intentions were necessarily against Canadiantargets. It is instead believed that the SVR intended to use Mr. Hampels Canadian lecnd foruse against targets in the Balkans.

Stdphane Lefehvre, author of the 2007 article Russian intcIligence Activities to Canada: TheLatest Case 1an Illegal. maintains that the SVR continues to use Canada for its operationalrequirements1An agent with a Canadian legend, Lefebvre writes, opens doors and facilitatesthe cultivation oteontacts in. the countries ohnterest tt) the SVR.22Artfiu. lfinilovaandAndreyBeztrthov Womkingrthg,,,(VR in Canada

i,ufebvre. Russian Intelligence Acrivhies in CanadaClec Barn. tllegais Network Famed in tore of Russian Sminr. The j\:cw losS limes (June :30, 2010),list), ci coci>41 101 11 iLl rp,. p stinl t(1cc.,..ui*,1 I ._1l1 w scLJn

Chodakieaicz, Dr. Chodakiewicr_ 1 on FusiOns, Sieencrs of influence, .Ins:itcae of WOrld P::ulitic (July0 (lsOc Ott

.. r c ,,c , 0 ctjro,t cci inc r rh sins 4 tpcrs cJinfluence tacuessed ivtav 14,20142

4cth runBl tilt c rw cnLl t F Pu, \,snn FNovemher 28. 2006), AS.

F.uclic Ss.tOsy M ulster Day said us ,uue!c We do St feel that his intentions were c,ecessarile 5451051 (.anauu,t:irceu. fueled by: Alex Dobrona, Spy Suasceot in Nioseow, Lawyer Says, 76e (lobe and .1 fail triec,enchet 27,LJtCI La St1ciO II

4, ceow itiaccused HF 24, 2014)

Dobrosa. Spy Suspect in lriocccw. i.,awuer SaysLe[ebv:c. F cssarc Jnsdflcgence Activities in Canada. 055Bit.

On ti-ic balauice of pkrobabii Ucs, i is sLbriucd Lil1t XIs. Vavilova and Nh. Bezrulccv weredeployed to Carada. a iR)st couiary. spccitIcaflv fbr the task: of aeaiiig he identities ofCa:iaclian:; arid building their respeeLi ye Canadian 1e!eIids prior To relocating to the United States,the target cotmtrY as Canadians.Although Mr. Vavilovs counsel recognizes that Ms. \avilova and Mr. l3ezruk.ov were workingas inteili enec operatives for the SVR in the united States, he denies that Mr. Vavilovs ac.ntswere working br the SVR when they resided in Canada. To substantiate tilts potiti. counselmaintains that Ms. Vavilova ard Mr. Bezrukov came tc Canadat. work and study. TheMemorandum of Fact and Law prepared by counsel points to Ms. Vavi.bovas enrollment incourses at the Computer Institute of Canada amt her employment at various jobs eoIng payrolland accounting. Submissions farther tndicate that Mr. i3ezrukov owned his own business,Diapers Direct. Inc., and graduated from York University with a Bachelors degree inInternational Economies in i 995 (a fact confirmed 1w York Universir following Mr. Beirukovs20l0 arrest).24

dC does not dispute the veracity of these claims. That said, this report has outlined how thedeliberate pursuit of education and employment in host or target countries is central to theestablishment of a convincing legend. Open-source information indicates that the SVR taskedMr. Bezrukov with collecting intelligence front 12.5. officials on topics related to U.S. foreignpolicy on a variety of topics related to Americas posidon on Central Asia. Russia, and a varietyof national security issues (including the nnciear nonproliferation, the t.S. position on Iransnuclear weapons program, and the U.S. foreign policy objectives itt Aibanistnn).25Consid.erirhgMr. Be.z.rukovs objectives, it is reasonable to believe that his pursuit of undergraduate (i.e.:Bachelor degree at York iniversir in loronio. Canada) and graduate degrees in the tiebds olknernutional bt.rsiness and public adrrunistration both enl.tauce the strength of his legend,2Maria F. Ricci, FBI Special Agent. Wrote in her report for the U.S . District Court for theSouthern District of New York that the SV.R. is known to arrange for their agents to becompensated clandestinely for their work,tS Counsel, however, maintains that I\4s. Vaviluvaand isir. l3ezrukov were not in contact with or renmnerated by Rttss ian authorities while theyresided in Canada. In keeping with CICs position that Ms. Vavilova and Mr. Bezrukov workedas intelligence operatives for tite SVR since they departed from the Russian Federation., UK has

-u Memorandum cf Fact and Law, 2 York University. Rc,vds Show Aih-,se.d gc;j Spy Graduated York, Y Ale Newt (July 05. 20i 0),uip Ii sc ul ,cem I ,l-

o vito Icairtm NK1( ,tilr,4ic I2014)

Stephane Le fevore and I Thtiv don coos, 1 he Russians it)..

. 11: Au Inc onse4 tout tat AdveiltUl ,s )ui,rns7joie1oow,.vof/f41wr1(,Ire?))ueic;t)c 2l. no. (:201 .454Joe. I 1Iot IL I t I 01 1, CO I T & at I I vlr it / oF a U I tmoved to Paris, france so that he iass pors:ie a Master:, :n Business Anninisrrauon from the. Rcc[e natiortaic icepouts 51 cha.usses. Mr. Rezn,kov rehieatad to the United 5 :r: LOS in I 099 and turehed in a lvi asters Ir, Vat In:Ad;n!nlrauOn tu the John F. Kcunede School o unverumeut at liarvaid 2tiiJtiLV in Srstou, stassaihusseIc. TheCc 110 F nd t tpJ i 1 , v I J , , 14.1 5 (ISI 1 1 Cf t nd

Poneojs, [Lu f4.ut.s:ans It).,, I I : :s Iueouse000utia I Advc,.ture,2,tvi tuo or rlcL S S , I a I i

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reasonable cuow tds to believe that both individual s roci ved ordcrs and vere coinpLtiSdttLfinanciall.y supported by t:rie svR from the moment tJwy anived on (:aadiai Soil.vtr. Vaviitc;vs oounsei continues on to refute the applicability of paragraph 3(2)(a) of theAct as an exception to paragraph 3( I )(a) of the Citizenship Act. Counsel arguc.5 thatthe 3(2) exception does nol apply to Mr. Vaviiovs case thr two reasons. First, counsel a&tainmaintains that i\(is . Vavilova and Mr. Bezrukov were Canadian citizens at the time of theirchildrens. births. in certain sections of their Meniorandutn, counsel even argues thatMs. Vavilova ani Mr. f3ezrukov coninue to hold Canadian citizenship because the Gcwernor intDouncil has never revoked freir citizenship.. The submic,sions prepared by counsel makeextensive references to case law for the purpose of demonstrating that CIC cannot denycitizenship to children of Canadian parents. As the previous section explains, however, neitherparent has ever been granted permanent resident status in Canada or Canadian citizenship. t,.JCwill not be pursuing revocation of citizenship in respect of either parent because they do not holdsuch a status,

me seconu n.ason va counse reitcs the app1cah tt of the :(2) e\reptlon is becaose hcmaintains that Ms. Vavilova and Mr. Bezrukov do not fall within the confines of the groups ofpersons wtose employment in Canada prevent rheir children from acquiring citizenship despiteb ng bor in Canada, a- ctuinei n muaaran1 s 3(2ya (b) and (ci of the fr Counsel c.irauuthat CIC cannot invoke subsection 3(2) because CC has not requested or obtained verificationwith the Foreign Affairs Protocol to prove that Ms Vavilov and Mr. Bezrukov held diplomaticor consular status with the Russian Federation while they resided in Canada. As explained inletters to counsel dated March 18. 2014 and April 1, 2014, it is reiterated that seeking such averification is not required when the persons in question, in this case Ms. Vavilova andMr. Bezrukov, were employed in Canada by a foreign government without the benefits orprotections (i.e.: immunity) that accompany diplotnatic, consular, or official status positions. Aspreous sections of this report have cx lamed, agents of the SYR are not aftbrded. diplomatic orconsular privileges because such a direct and overt association whit Russian authorities wouldrisk jcopardizin.g their capacity to create convincing and mnon_R ussian lcn.ends.As previously indicated., Cattadian authorities believe that Ms. Vavilova and Mr. t3ezrukoventered Canad.a surreptitiously and illegally in the late I 9.SOs or early 1 990s (the exact date ofentry remains unknown to immigration authorities) for the purpose of carrying out S Vii. orders toassume Canadian legends for later use in the United. States (the SVRs target country) .For thisreason. CIC maintains that Ivis, Vavi.lova and Mr. itezruk.ov were unofhcial employees orrenrescntatives of the Russian Federation throughout the entirety u.f their in. Canada.

ANALYSTS OF LEGISLATIVE FRAMEWORK., INTENT ANT) APPLICABILITYjEll/ui. Eli A.kxco tclei rev, fin c C/ow, /0 (i l/ICIth?i/t C/i/ztn.vhipAlexander Vavilov (born Alexander Foley) was bern to Ms. Vavilova and Mr. Bcz.ruk.ov on Junewa also ai J0tnn ,)utcr 0 ida t (p a a & i man a L s it C at cIa tmCaandittrt citizeti at the time of Mr. V.avilov c birth. CC insit Lid rnaintans that Ms. \ autlova andHr K nit ser ii twoi a t a El J w c t 1 c pic t a or mill t

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Rassian Federations SVR at the tine of \1r. \avilioc s birth in (anada. As such. >Ar. \a\!Iov isnot e.ntiiied to Canadian citizenship uursuant o ararapti 3t2)(a ottlie (itizenship Ac!.At the tine of his birth, N4r. Vavilov was erroneousiv rectignized by CIC as being. a (:;anadanCIlIIkO uJti4nt -1 pata tA 3 Iya w t}. C: rLnI ill A j On T9jlUctI \ 1 S 201 3 C I t S dix.approved Air. V wiiovs application for a certificate of Canadian citizenship and issued him acertificato of citizenship nuniber Ki 160968. While the true identities of Mr. \avilovs parentsbecame known to Canadian authorities on,hr after their 201 0 arrest by the FBI, the administrativeerror of issuing a certificate of citizenship to Mr. Vavilov in 2013 was due to a lack of noteentries in GIGs systems. C IC entered notes immediately following the realization of this error,in July 2013. which led to the flagging of sifr Vaviiov s brother fimothys applcaiion for acertificate of Canadian citizenship months Later.

it is important to note that Timothy and Alexander have signed affid.nvits (included in thesubmissions package) claiming to have been completely unaware of their parents involvementwith the SYR prior to the FBis 2010 operation. CSIS has since informed CiC that TimothyVavilov had becn sworn i& by the SVR prior to his parents arrest. Timothys pledge ofallegtance to the Sc K ts documentea ut both Amencan!canaoan anu Russian mainstreammedia,2 It is not known if Alexander has also pledged allegiance to the SVR.RECOMMENDATION

Paragraph 3(2)(a) of the Ciuzenship Act stales that citizenship is not granted to a person horn inCanada if At the time of his birth. neitier of his parents was a citizen or law/uI/p admitted toCanadafIT pernianeitt residence and either ofhis anrentc was(a) a diplomat or consular qificer or nt/icr representative or employee in Gaunt/a of aforeign goiernn;ent [cmphasi.s added]

After a thorough review of all of the information on file and suhmssions received by coun.se.i,dcando Vat do,,

p roui > oe bod cmwlo) Let of e lo Lit a osclrtmtnt v,hilu nstding ii

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bave reviewed all the mateal before .me, and I am h.ereb recalling and cancjitg thecirizenshiri ceriflcate K 1160968 issued to Alexander Vavilov,

I have reviewed all the. material before me. and Ido not intend to recall and cancel thecitizenship certifIcate #1(1160968 issued to Alexander Vavilov.

Date 1 Qd/; j (t 1e\arart Hi1s

Recistrar of Citizenship