Maclean’s exclusive: Canadian brothers born to alleged Russian spies fight for citizenship

By Maclean's Staff

UPDATE: On Sept. 20, the Trudeau government launched an appeal to the June ruling from the Federal Court of Appeal that restored citizenship to Alexander Vavilov, 23. If left unchallenged, the judgment would have also applied to his brother, 27-year-old Timothy Vavilov, who is waging a separate legal fight to restore his citizenship. Read more here.

The families of two dead babies whose Canadian identities were stolen by elite Russian spies nearly three decades ago are speaking out for the first time about the citizenship battle being waged by the spies’ Toronto-born sons.

The story of Tim and Alex Vavilov has made headlines around the world: Born in Canada in the 1990s, they were later stripped of their Canadian citizenship after the FBI arrested their secret-agent parents in 2010. The brothers have since launched separate legal battles, arguing that they should not be punished for the actions of their mom and dad.

In June, the Federal Court of Appeal ruled in Alex’s favour, ordering Ottawa to reinstate his citizenship in a decision that propelled the bizarre legal saga back into the news. The Trudeau government now has until Sept. 20 to decide whether to pursue an appeal at the Supreme Court.

In the meantime, the families of the real Tracey Lee Ann Foley and Donald Howard Heathfield — the two dead children whose names and birthdates were stolen by the boys’ KGB parents — have spoken to Maclean’s. Both families say the sons should not regain their citizenship.

“I don’t have an axe to grind with the two kids; it’s not their fault they were born here,” Ed Foley, Tracey’s father, tells Maclean’s. “But I can be very frank with you: I have absolutely no sympathy for the sons and am certainly against them getting citizenship.”

“If they didn’t know what their parents were doing, it’s not our problem,” says David Heathfield, Donald’s older brother.

If the details sound familiar to fans of The Americans, the acclaimed FX television show, there’s good reason: The series, about a Soviet spy couple and the secrets they hide from their U.S.-born children, was inspired by the same FBI bust that exposed Tim and Alex’s mom and dad.

Alex Vavilov also spoke to Maclean’s about his case.

“I would like people to see beyond the story of my parents and the international political atmosphere, and to recognize the strong legal grounds that my case rests on, and the fact that I have done nothing to warrant the harsh treatment and exile I have received,” he tells Maclean’s.

To read the full investigation, click here.

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