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| Canada’s Supreme Court rules Toronto-born son of Russian spies is entitled to Canadian citizenship | |
| (about 3 hours later) | |
| BREAKING: Canada's Supreme Court ruled Thursday that Alexander Vivalov, the Toronto-born son of Russian spies, is entitled to Canadian citizenship. | |
| The ruling released Thursday morning in the case of Alexander Vavilov upheld an appeals court decision. The Supreme Court ruled 9-0 to dismiss the government's appeal of that decision. | |
| This article will be updated. | |
| TORONTO — Canada's top court is set to rule Thursday on whether the Ontario-born son of Russian spies whose arrest by the FBI nearly a decade ago inspired the FX series "The Americans" is entitled to Canadian citizenship. | TORONTO — Canada's top court is set to rule Thursday on whether the Ontario-born son of Russian spies whose arrest by the FBI nearly a decade ago inspired the FX series "The Americans" is entitled to Canadian citizenship. |
| Alexander Vavilov, 25, and his brother, Timofey, 29, were born in a Toronto hospital into what appeared to be an ordinary Canadian family. But all was not as it seemed. | Alexander Vavilov, 25, and his brother, Timofey, 29, were born in a Toronto hospital into what appeared to be an ordinary Canadian family. But all was not as it seemed. |
| Alexander’s parents, Andrey Bezrukov and Elena Vavilova, were carrying out “deep-cover” assignments for the Russian Foreign Intelligence Service, a successor to the KGB. They arrived in Canada in the waning days of the Cold War, stole the identities of Donald Howard Heathfield and Tracey Lee Ann Foley — Canadians who had died as infants decades earlier — and began developing their “legends,” or background stories. | Alexander’s parents, Andrey Bezrukov and Elena Vavilova, were carrying out “deep-cover” assignments for the Russian Foreign Intelligence Service, a successor to the KGB. They arrived in Canada in the waning days of the Cold War, stole the identities of Donald Howard Heathfield and Tracey Lee Ann Foley — Canadians who had died as infants decades earlier — and began developing their “legends,” or background stories. |
| In 1995, the family moved from Canada, eventually settling in Cambridge, Mass., where “Donald” completed graduate studies at Harvard University. The brothers, who were born Alexander and Timothy Foley, never lived in Canada again but visited frequently, Alexander said in court filings. | In 1995, the family moved from Canada, eventually settling in Cambridge, Mass., where “Donald” completed graduate studies at Harvard University. The brothers, who were born Alexander and Timothy Foley, never lived in Canada again but visited frequently, Alexander said in court filings. |
| Their Russian-spy parents were fake Americans. Now they want to be real Canadians. | Their Russian-spy parents were fake Americans. Now they want to be real Canadians. |
| It was in Massachusetts that Alexander’s parents were busted in 2010 as part of Operation Ghost Stories, the decade-long FBI investigation that rounded up 10 Russian spies operating under aliases outside of diplomatic cover living in the United States. The criminal complaints against them read like a John le Carré novel, replete with dead drops, stolen identities and messages written in invisible ink. | It was in Massachusetts that Alexander’s parents were busted in 2010 as part of Operation Ghost Stories, the decade-long FBI investigation that rounded up 10 Russian spies operating under aliases outside of diplomatic cover living in the United States. The criminal complaints against them read like a John le Carré novel, replete with dead drops, stolen identities and messages written in invisible ink. |
| The 10 suspects all pleaded guilty to failing to register as agents of a foreign government and conspiracy to commit money laundering. They were swapped in Vienna for four Russians suspected of spying for the West. | The 10 suspects all pleaded guilty to failing to register as agents of a foreign government and conspiracy to commit money laundering. They were swapped in Vienna for four Russians suspected of spying for the West. |
| Days before Bezrukov and Vavilova were deported from the United States, their sons were sent to Russia, where they changed their last names and were given Russian citizenship. The United States revoked their green cards. | Days before Bezrukov and Vavilova were deported from the United States, their sons were sent to Russia, where they changed their last names and were given Russian citizenship. The United States revoked their green cards. |
| The brothers claim they had no idea their parents were Russian spies. The revelations left Alexander “feeling traumatized” and precipitated an “identity crisis,” his lawyer, Hadayt Nazami, wrote in a submission to the Canadian Supreme Court. | The brothers claim they had no idea their parents were Russian spies. The revelations left Alexander “feeling traumatized” and precipitated an “identity crisis,” his lawyer, Hadayt Nazami, wrote in a submission to the Canadian Supreme Court. |
| The real-life spy drama served as inspiration for “The Americans,” which tells the story of Russian spies and their U.S.-born children who, for much of the series, are oblivious to their parents’ real identities. | The real-life spy drama served as inspiration for “The Americans,” which tells the story of Russian spies and their U.S.-born children who, for much of the series, are oblivious to their parents’ real identities. |
| Indicted Canadian intelligence official had access to allies’ secrets, official says | Indicted Canadian intelligence official had access to allies’ secrets, official says |
| The legal dispute dates to 2010, when Alexander made the first of several unsuccessful attempts to renew his Canadian passport. | The legal dispute dates to 2010, when Alexander made the first of several unsuccessful attempts to renew his Canadian passport. |
| Under Canadian law, babies born in the country obtain citizenship automatically, with one exception: those born to “a diplomatic or consular officer or other representative or employee in Canada of a foreign government.” | Under Canadian law, babies born in the country obtain citizenship automatically, with one exception: those born to “a diplomatic or consular officer or other representative or employee in Canada of a foreign government.” |
| The case hinges, in part, on the definition of “employee.” A registrar of citizenship told Alexander in 2014 that he was never a Canadian national because his parents were employees of a foreign government at the time of his birth. Alexander sought a judicial review. He argued that his parents were not formal employees of Russia. | The case hinges, in part, on the definition of “employee.” A registrar of citizenship told Alexander in 2014 that he was never a Canadian national because his parents were employees of a foreign government at the time of his birth. Alexander sought a judicial review. He argued that his parents were not formal employees of Russia. |
| A federal court agreed with the registrar and dismissed Alexander’s application for review. But a federal appeals court threw out that ruling in 2017 and reinstated Alexander’s citizenship. In a 2-to-1 decision, the three-judge panel found that the clause applies solely to diplomatic officials with specific immunities and privileges, not to spies. | A federal court agreed with the registrar and dismissed Alexander’s application for review. But a federal appeals court threw out that ruling in 2017 and reinstated Alexander’s citizenship. In a 2-to-1 decision, the three-judge panel found that the clause applies solely to diplomatic officials with specific immunities and privileges, not to spies. |
| “The sins of parents ought not to be visited upon children without clear authorization by law,” Justice David Stratas wrote. | “The sins of parents ought not to be visited upon children without clear authorization by law,” Justice David Stratas wrote. |
| The Canadian government appealed the decision to the Supreme Court, writing that the “integrity of Canadian citizenship” was at stake. The court heard the case last year. | The Canadian government appealed the decision to the Supreme Court, writing that the “integrity of Canadian citizenship” was at stake. The court heard the case last year. |
| Accused Russian spies lived perfect Boston lives | Accused Russian spies lived perfect Boston lives |
| Timofey is also seeking Canadian citizenship, but Alexander’s case is further along in the process. The ruling is likely to apply to his brother, too. | Timofey is also seeking Canadian citizenship, but Alexander’s case is further along in the process. The ruling is likely to apply to his brother, too. |
| Timofey claims he did not know about his parents’ double lives. The citizenship registrar alleges that Canada’s spy agency told the federal government that he was “sworn in” by the Russian Foreign Intelligence Service before his parents were arrested. Timofey said in an affidavit that the allegations are false. | Timofey claims he did not know about his parents’ double lives. The citizenship registrar alleges that Canada’s spy agency told the federal government that he was “sworn in” by the Russian Foreign Intelligence Service before his parents were arrested. Timofey said in an affidavit that the allegations are false. |
| Nazami wrote that the brothers have felt little attachment to Russia since they arrived in 2010. | Nazami wrote that the brothers have felt little attachment to Russia since they arrived in 2010. |
| “[Alexander] and his brother have tried to remain outside of Russia as much as possible since then,” the lawyer wrote in his submission to the Supreme Court. Alexander, he said, is “studying in other countries while being barred from coming to Canada, the only country he feels he belongs.” | “[Alexander] and his brother have tried to remain outside of Russia as much as possible since then,” the lawyer wrote in his submission to the Supreme Court. Alexander, he said, is “studying in other countries while being barred from coming to Canada, the only country he feels he belongs.” |
| Travel agencies, fake marriage and ensnaring Ernest Hemingway: Russian agents’ long history in the United States | Travel agencies, fake marriage and ensnaring Ernest Hemingway: Russian agents’ long history in the United States |
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