Strengthening Canadian Citizenship Act

An Act to amend the Citizenship Act and to make consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Chris Alexander  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.
Amendments to the eligibility requirements include
(a) clarifying the meaning of being resident in Canada;
(b) modifying the period during which a permanent resident must reside in Canada before they may apply for citizenship;
(c) expediting access to citizenship for persons who are serving in, or have served in, the Canadian Armed Forces;
(d) requiring that an applicant for citizenship demonstrate, in one of Canada’s official languages, knowledge of Canada and of the responsibilities and privileges of citizenship;
(e) specifying the age as of which an applicant for citizenship must demonstrate the knowledge referred to in paragraph (d) and must demonstrate an adequate knowledge of one of Canada’s official languages;
(f) requiring that an applicant meet any applicable requirement under the Income Tax Act to file a return of income;
(g) conferring citizenship on certain individuals and their descendants who may not have acquired citizenship under prior legislation;
(h) extending an exception to the first-generation limit to citizenship by descent to children born to or adopted abroad by parents who were themselves born to or adopted abroad by Crown servants; and
(i) requiring, for a grant of citizenship for an adopted person, that the adoption not have circumvented international adoption law.
Amendments to the security and fraud provisions include
(a) expanding the prohibition against granting citizenship to include persons who are charged outside Canada for an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or who are serving a sentence outside Canada for such an offence;
(b) expanding the prohibition against granting citizenship to include persons who, while they were permanent residents, engaged in certain actions contrary to the national interest of Canada, and permanently barring those persons from acquiring citizenship;
(c) aligning the grounds related to security and organized criminality on which a person may be denied citizenship with those grounds in the Immigration and Refugee Protection Act and extending the period during which a person is barred from acquiring citizenship on that basis;
(d) expanding the prohibition against granting citizenship to include persons who, in the course of their application, misrepresent material facts and prohibiting new applications by those persons for a specified period;
(e) increasing the period during which a person is barred from applying for citizenship after having been convicted of certain offences;
(f) increasing the maximum penalties for offences related to citizenship, including fraud and trafficking in documents of citizenship;
(g) providing for the regulation of citizenship consultants;
(h) establishing a hybrid model for revoking a person’s citizenship in which the Minister will decide the majority of cases and the Federal Court will decide the cases related to inadmissibility based on security grounds, on grounds of violating human or international rights or on grounds of organized criminality;
(i) increasing the period during which a person is barred from applying for citizenship after their citizenship has been revoked;
(j) providing for the revocation of citizenship of dual citizens who, while they were Canadian citizens, engaged in certain actions contrary to the national interest of Canada, and permanently barring these individuals from reacquiring citizenship; and
(k) authorizing regulations to be made respecting the disclosure of information.
Amendments to the provisions governing the processing of applications and the review of decisions include
(a) requiring that an application must be complete to be accepted for processing;
(b) expanding the grounds and period for the suspension of applications and providing for the circumstances in which applications may be treated as abandoned;
(c) limiting the role of citizenship judges in the decision-making process, subject to the Minister periodically exercising his or her power to continue the period of application of that limitation;
(d) giving the Minister the power to make regulations concerning the making and processing of applications;
(e) providing for the judicial review of any matter under the Act and permitting, in certain circumstances, further appeals to the Federal Court of Appeal; and
(f) transferring to the Minister the discretionary power to grant citizenship in special cases.
Finally, the enactment makes consequential amendments to the Federal Courts Act and the Immigration and Refugee Protection Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 16, 2014 Passed That the Bill be now read a third time and do pass.
June 10, 2014 Passed That Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 10, 2014 Failed That Bill C-24 be amended by deleting Clause 1.
June 9, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
May 29, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
May 29, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, because it: ( a) does not provide an adequate solution for reducing citizenship application processing times, which have been steadily increasing; ( b) puts significant new powers in the hands of the Minister that will allow this government to politicize the granting of Canadian citizenship; ( c) gives the Minister the power to revoke citizenship, which will deny some Canadians access to a fair trial in Canada and will raise serious questions since Canadian law already includes mechanisms to punish those who engage in unlawful acts; and ( d) includes a declaration of intent to reside provision, which in fact gives officials the power to speculate on the intent of a citizenship applicant and then potentially deny citizenship based on this conjecture.”.
May 28, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Citizenship ActGovernment Orders

March 10th, 2016 / 12:40 p.m.
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NDP

Richard Cannings NDP South Okanagan—West Kootenay, BC

Madam Speaker, I am happy to speak in support of Bill C-6 today, although I do feel that it falls short in a number of areas.

As has been said by several speakers here today and yesterday, most Canadians come from immigrant families, and many of us have stories of parents and grandparents who came to this country to ensure a better life for their children. My mother's family, the Munns, came from Scotland to Newfoundland in 1837, and I was very happy and honoured to hear the member for Avalon read a statement on Tuesday regarding my great-great-uncle John Munn, who came here in 1837 as a young entrepreneur and started Munn and Co., one of the greatest merchant companies in the storied history of Newfoundland, a company that was taken over by my great-grandfather, Robert Stewart Munn, in 1878.

My father's father, on the other hand, came from more humble beginnings, the slums of Bristol. He went to the Okanagan Valley in British Columbia in 1907, and I am proud to use the leather case that he was given by his colleagues when he left England. I use it in recognition of the courage that he showed in giving up his life in England and moving to the wild west over a century ago.

To my way of thinking, Bill C-6 and its attempt to fix some of the serious shortcomings in citizenship law in Canada is a very welcome step. I would like to talk about the provisions in this bill that repeal the parts of Bill C-24 that relate to people who hold dual citizenship in Canada.

During a very long election campaign, like everyone in the chamber, I talked to thousands of people across my riding. As we found out on election day, most of them were desperate for a change in government. When I spoke with citizens on their doorsteps or answered questions at forums, they had a long list of concerns with the former government, but what really surprised me about the depth of these concerns was the fact that many people actually knew the names and numbers of a couple of the bills that bothered them.

I was not so much surprised that they knew about Bill C-51, as there had been a number of local rallies in my area and the bill had been well covered in the news, but I was really surprised to find out how many people immediately named Bill C-24 as their biggest concern. It is not often people know the names and numbers of bills. They were particularly vehement in their discussions around its provisions for stripping people with dual citizenship of their Canadian citizenship. It did not matter that this bill supposedly targeted only terrorists and spies; when taken in context with Bill C-51, there was a lot of concern at the time over who might be considered a terrorist, a spy, or a traitor.

A couple of years ago, I attended a meeting of environmental activists in a church basement in the Okanagan Valley. Most of the people there were elderly folks who were worried about the impacts of oil tankers along the Pacific coast. They were learning the basics of door-to-door canvassing. We found out some years later that a federal agent had attended the meeting and that some of the volunteers were followed and photographed as they canvassed neighbourhoods.

The previous government clearly treated anti-pipeline activists as traitors, and Bill C-51 came close to legalizing that view. Who is to say what future governments may decide about the definition of these serious charges? That is why I am very happy to see that Bill C-6 will repeal those parts of Bill C-24 that created two kinds of Canadian citizens: those who were safely Canadian and those who could lose their citizenship at the whim of some future minister.

This section of Bill C-24 has been denounced by the Canadian Bar Association, the Canadian Association of Refugee Lawyers, Amnesty International, the Canadian Council for Refugees, and many respected academics. Many of these experts feel that Bill C-24 does not comply with the Charter of Rights and Freedoms or international law. Like many other bills from the previous government, it was given a rather Orwellian doublespeak name. In this case it was called the Strengthening Canadian Citizenship Act, when it clearly did the opposite.

When we welcome immigrants to Canada and grant them citizenship, they become Canadians, citizens like every one of us here in this chamber. They deserve to be given the same rights of citizenship as all of us, whether or not they choose to retain the citizenship of another country.

On top of that, one has to wonder why we would want to strip people of their citizenship and deport them, even if they have been convicted of treasonous or terrorist acts. Would we want them plotting against Canada from some foreign country, where they could easily be drawn into terrorist groups to harm Canadians and other citizens, or do we want them to be safely behind bars in prisons here in Canada?

I would like to turn now to talking about welcoming new immigrants. We all know the great benefits that immigrants bring to our country. Their hard work helps build this country, and we should remove unnecessary barriers to citizenship. I am happy to see that Bill C-6 begins to address some of these issues.

One of those barriers is the requirement that most new citizens be proficient in one of our two official languages. My daughter works in an immigrant support centre teaching English to refugees and new immigrants. Lately her classes have included refugees who have come to our region from Syria. I have met her students and can attest to their enthusiasm for learning English so that they can become fully integrated into the local community, get jobs, and become productive members of our society.

That said, I do support the provision in Bill C-6 that returns the age restriction to this requirement to 54 years of age, since older immigrants have strong family support and in turn are supporting their children's family at home. Many of these older immigrants have difficulty learning a new language and can contribute to Canadian society through their relationships with their children and other community members.

On that note, I would like to bring up the extreme difficulties just mentioned by my colleague that face young families of new Canadians who are trying to reunify their families and bring their parents to Canada.

I have had numerous representations, as I am sure many here have, from constituents who have been trying for years to bring parents to live with them in Canada. I have one family that has been trying for almost 10 years to bring their parents to join them in Canada. It breaks my heart to tell them that they have another six and a half years to wait. In the meantime, their parents are getting older and older. They do not think it is useful to continue the process because it is just so frustrating, so I hope the government acts on its promises to quickly clear up this backlog by replacing the present system with one that is fair and really works.

I would also like to note that many immigrant support centres across this country have had their federal funds cut over the past two years, making it difficult for these centres to help refugees and new immigrants get the language lessons and the other help they need to integrate into our communities.

To conclude, I urge the government to continue to remove unnecessary barriers to new immigrants in Canada, both through legislative action and through proper funding for immigrant support.

I would like to reiterate that Canada is a country of immigrants that should continue to welcome new Canadians from around the world. Bill C-24 was a giant step in the wrong direction, and Bill C-6 is a good step back toward making Canada a welcoming country, a country that we can all be proud of.

Citizenship ActGovernment Orders

March 10th, 2016 / 12:35 p.m.
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Conservative

Ben Lobb Conservative Huron—Bruce, ON

Madam Speaker, I appreciate the member's comment. I disagree with a few of his comments on Bill C-24. The bill really has not been around long enough to measure any of its impacts, positive or negative. I know he mentioned those in his speech.

The path to citizenship remains the same. It was just a little longer in our past bill compared to the bill proposed today. Why does he feel that the requirement is reasonable? Is it so unreasonable to live and work in this country 183 days a year in four out of six years? In addition to that, why are they taking out the clause to compel immigrants to live in the country? Part of being a citizen here is to live and work here, not to get citizenship and then go somewhere else. What would he like to say to that specific point in Bill C-6?

Citizenship ActGovernment Orders

March 10th, 2016 / 12:25 p.m.
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NDP

Brian Masse NDP Windsor West, ON

Madam Speaker, I will be sharing my time today with the member for South Okanagan—West Kootenay.

I am pleased that Bill C-6 is moving through the House of Commons. As New Democrats, it is not exactly all that we want, but at least it will result in some movement on a number of different initiatives that have not only hurt this country economically, socially, and culturally, but also hurt the individuals we need to be a successful country.

I come from a riding that has over 100 organized ethnic cultures that have been part of the foundation of our border town, which basically has a third of the nation's trade go through it a day. It also has some of the most diverse areas. It is where the War of 1812 took place and was the end of the Underground Railroad, where people came to Canada to escape slavery in the United States. A number of times we contested bounty hunters coming into Canada to remove individuals back to the United States to collect a bounty and return them to slave owners. In many respects we had become a refuge against the acts and activities that we, as a part of the British empire at that time, clearly viewed as needing to change, such as the slave trade. That opposition of ours is very much a part of our cultural element. Although we were geographically large, at that time we were a small colonial country in terms of population. We were standing in the wings of the United States and offering something called freedom against its very controversial republic of union and the southern states, which eventually led to the Civil War. It was quite a stand for the people, communities, and so forth, of our country to take at that time.

Therefore, when we talk today about the changes called for in Bill C-6, we must keep in mind that if we were to continue with the policy brought in under the Conservatives in Bill C-24, we would be harming our ability to be successful in the world.

I will point to a couple of local examples that are also somewhat national in nature because they happen in many other border town facilities.

We have not only had many immigrants and refugees come to our region and contribute in recent years, as we have discussed over the last two years with respect to Syrian refugees, but we have also had a steady stream of immigrants come into our region who have helped to build the national footprint of this country and make significant local progress on many different issues.

Bill C-24 was basically more than just a fly in the ointment with respect to the Canadian dream of being a multicultural country; it became adverse to our economy and to the families that we need because we do not have a growing population ourselves. It is the reality of our future.

It is interesting when I hear some pushback about this from certain members of the public who ask the honest and interesting questions they feel the need to ask, such as who will pay for their pensions in the future if we do not have skilled labour and other types of labour coming to contribute back to the Canadian economy.

Interestingly enough, in a border town like mine we have seen the harmful effects of the extension of days and time required to be spent in Canada before a residency gets completed. In my riding alone, the issue was so bad that we received a budget for a single position in my constituency to hire someone four days a week to deal with immigration itself. We are not funded for that position in the overall budgeting of the House of Commons, which is sad because we had a new Walker Road immigration facility open up in Windsor eight or nine years ago. It also had a room for ceremonies. People could go and get their file looked after and could get updates. That office was not only subject to staffing reductions by the past regime, but we have also seen it close to the public.

A number of people have English as a second language. Let us be clear on this. They may be doctors, engineers, or teachers. They come from all walks of life. Some are skilled workers, some are not. These people are trying to get information about their cases. They may have a spouse, children, or parents who do not know what the h-e-double hockey sticks is happening. That is unfortunate, because they are trying to move on with their lives. The process takes far too long. This has been a habitual problem since I have been here in Parliament. Hopefully the changes proposed in this legislation will improve this to some degree. I hope staffing levels will get augmented. Hopefully, the office will be opened up so that people can get processed quickly.

How would this affect people in Windsor West, Toronto, Montreal, northern Ontario, or any other place in Canada? Employment will be delayed for these people. Their contributions back into our tax system will be delayed. Ironically, over 10,000 workers cross over to the Detroit region every day because that city is short of skilled labour. Some of these people are doctors, nurses, accountants, and marketing consultants. A lot of them have value-added skills, but their skills are not recognized in Canada. Some of these people have degrees but they cannot practice here. They cannot use their experience here. They can do so in the United States.

Thousands of people in the health care industry go over to the United States. These are doctors and nurses and other types of health care professionals. If Canadians need urgent hospital care, they are sent to Detroit to get help. We will pay a premium here in Canada for them to be treated by Canadians working in Detroit who are not allowed to practice their skills in our country. We pay a premium to send individuals over there, where they quite likely will receive treatment from people who have been denied a licence to practice here in Canada.

These delays in our immigration policy over the last number of years and the issue with Bill C-24 have created a shroud around families that makes it difficult for them to contribute.

I listened with interest to the previous speaker who said that a Canadian is a Canadian is a Canadian. I was at the U.S. embassy with Raymond Chrétien, who was the ambassador at that time. It was the first time an announcement was made that five countries would be put on a watch list. People who were granted Canadian citizenship but came from a third country might be exposed to fingerprinting and having their picture taken and other security checks done. I argued about this at the time, but to this day nothing has ever been done about it. That was the first step that took place. A Canadian is a Canadian is a Canadian was not the case. We now have two-tier citizenship. We need to change that policy as well, and we can work toward that in the future.

Bill C-6 provides us with an opportunity to work on different things. We want to work on a few points contained in the legislation. It is not appropriate for the minister to unilaterally act with regard to someone's citizenship without judicial oversight. That is not appropriate in terms of an individual's rights. No minister of any political party should have that type of influence over a process that should be carried out in the courts. There should be accountability for the person, because he or she is a Canadian citizen. They should be entitled to their rights. We need to make sure that those rights are thoroughly reviewed, not only for them but for the rest of Canadian society.

Citizenship ActGovernment Orders

March 10th, 2016 / 12:05 p.m.
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NDP

Anne Minh-Thu Quach NDP Salaberry—Suroît, QC

Mr. Speaker, I would like to say that my NDP colleagues and I are very pleased that the Liberals introduced this bill because, from the beginning, we were strongly opposed to the Conservatives' Bill C-24, which created two classes of Canadians among immigrants. It contained many harmful and probably unconstitutional measures.

However, there are still many things that need to be improved. Do the Liberals plan to reduce fees for families in their next budget? For a family of four, for example, the fees are now almost $1,500. That decreases opportunities and makes it more difficult for immigrant families to become Canadian citizens.

Citizenship ActGovernment Orders

March 10th, 2016 / 11:55 a.m.
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Liberal

Peter Fragiskatos Liberal London North Centre, ON

Mr. Speaker, it is a great honour and pleasure to rise in the House today to speak about the government's plan to repeal provisions in the Citizenship Act. As this is a concern relating to citizenship, which is so central to Canadian identity, and matters of immigration, which are essential to the Canadian story, it is especially an honour for me, as the son of immigrants, to be here today.

Mr. Speaker, I want to also mention that I will be sharing my time with the member for Davenport,

As the provisions only apply to Canadians with dual or multiple citizenships, they contribute to the creation of a two-tiered system. It is unacceptable in a democratic society that dual or multiple nationals are vulnerable to losing their citizenship.

This is a point that was raised time and again by stakeholders and private individuals when the previous legislation, Bill C-24, was first introduced.

Groups were as varied as the Canadian Bar Association, the British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers, the Ontario Council of Agencies Serving Immigrants, and Amnesty International. I would like to quote a few of these concerns.

David Matas of B'nai Brith, who testified before the House of Commons Standing Committee on Citizenship and Immigration stated that:

We should not be revoking the citizenship of Canadians for crimes committed after the acquisition of citizenship, no matter what the crime.

I want to emphasize that point that Mr. Matas made.

I will continue with his quote:

Once a person becomes a Canadian citizen and commits a crime, then he is our criminal. We should not pretend otherwise.

Barbara Jackman, speaking on behalf of the Canadian Bar Association, stated before the same committee that:

For people who are born here and who have grown up here, it can result in banishment or exile.

She went on to observe that we punish people through the criminal justice system.

In its submission to the Standing Committee on Citizenship and Immigration on Bill C-24, the Ontario Council of Agencies Serving Immigrants stated that, in its view:

Treating dual citizens differently is discriminatory and violates the fundamental principle that all citizens are equal. Citizens should not face different consequences for committing the same crimes. Creating separate rules for dual citizens creates a two-tiered citizenship, with lesser rights for some citizens.

These are just a few of the many examples of organizations and individuals publicly expressing their view that the revocation measures created two different kinds of citizenship.

Many of my constituents in London North Centre have told me that this is unacceptable. I heard it throughout the election campaign, and I have heard it since. There is great support for this bill in London North Centre. My constituents want all Canadians to be treated fairly and with a high level of respect. London, Ontario, was built on immigration, and many Londoners hold dual or multiple citizenship. These are extremely proud Canadians who value and respect this beautiful country. We have an obligation to be fair and respectful to them, as well.

Our government has listened to these concerns and Bill C-6 clearly addresses them.

No government should ever have the ability to take away an individual's Canadian citizenship. Any Canadian who commits a crime ought to be punished. There is no debate on that point, at all, on this side of the House and, I am happy to say, with my hon. colleagues in the NDP.

However, the revocation of citizenship crosses a line that we must never accept. Without citizenship, the rights and equality we all enjoy become meaningless. Canada is a country that prides itself on solid democratic principles and foundations and is an example for other nations. However, playing fast and loose with the definition of citizenship is a very slippery slope and inevitably calls into question our leadership in this area.

I again point to the importance of my constituents. I am here to represent them and I want to reference what I have heard on the ground, as their MP.

I have heard loud and clear from my constituents in London North Centre that fair treatment of all Canadians and dedication to the principles of democracy, tolerance, and equality are what they expect in their elected officials and, more than this, in the Government of Canada.

I would also like to add that, while this position reflects my stand and that of our government, it was a former Conservative prime minister, John Diefenbaker, who held this view, and I am glad to continue that point in the debate that will follow, I assume.

By introducing this bill, we are taking concrete steps to return to a system where all citizens are treated equal, regardless of whether they are dual or multiple nationals. This is a commitment my party made before forming government, and we are following through now. This is a matter of principle and fundamental values for us. There should be one tier, only one tier, of Canadian citizenship.

I have no doubt that members in the House are concerned about security, and I want to turn to that point now for a moment. I can assure all of them that we remain unwavering in our commitment to protect the safety and security of Canadians. Canadians convicted of treason and terrorism will be dealt with through our justice system. As the Minister of Immigration, Refugees and Citizenship has stated, we have courts and prisons in Canada, and offenders will not go unpunished.

As well, there are measures in place before someone becomes a citizen. A person may be denied a visa or other travel document, refused entry to, or removed from Canada for security reasons or criminal activity, preventing him or her from becoming a citizen. Furthermore, prohibition grounds in the Citizenship Act remain in effect, barring individuals convicted of certain offences or engaged in activities against the national interest from acquiring citizenship in the first place.

Moreover, repealing the national interest grounds would not affect the ability to revoke citizenship where it was obtained fraudulently. The minister would continue to have authority to revoke citizenship in basic fraud cases. Furthermore, the Federal Court would continue to have authority to decide on cases where the fraud is in relation to a fact regarding security, human or international rights violations, or organized criminality. The ability to revoke citizenship where it was obtained fraudulently has been in place since the first Canadian Citizenship Act came into force in 1947, and it will continue to be in place.

Three additional proposed amendments included in this bill would further enhance the integrity of the citizenship program. The first is to include conditional sentence orders in the prohibitions provisions. The second is to ensure that the need for applicants to meet citizenship requirements, from the time their grant of citizenship is approved to the time they take the oath, applies to all applicants. The third would provide authority for the minister to seize documents that are fraudulent or are being used fraudulently when provided for the administration of the Citizenship Act.

As we have emphasized, Canada's commitment to diversity and inclusion is an essential, powerful, and ambitious approach to make Canada and the world a better and safer place. A Canadian is a Canadian, and that must never change.

Bill C-6 would bring us closer to putting this principle into action and to remaining the open, tolerant, and diverse country that we have been throughout our history and, I hope, we will continue to be.

Citizenship ActGovernment Orders

March 10th, 2016 / 11:55 a.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I thank my colleague for his speech.

I would like to know whether he is concerned about the fact that the Conservatives' bill created two classes of citizens: those who could lose their Canadian citizenship and those who, like me, have only Canadian citizenship and could not be subject to the type of punishment found in Bill C-24.

Does the member think it is right that there should be two classes of citizens?

Citizenship ActGovernment Orders

March 10th, 2016 / 11:40 a.m.
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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Mr. Speaker, I would like to begin by outlining my family history to some degree. My grandparents both immigrated from the Netherlands separately and were married in Canada. They went on to produce a large family of 10 children. I have over 80 cousins from that set of grandparents. They have been a very productive Canadian family.

I would like to thank and recognize in particular two of my aunts who worked tirelessly on my campaign. I would not be standing here today without their help, that is for sure.

I rise today to discuss the integrity of some of the proposed changes to our Citizenship Act. The previous Conservative government brought in Bill C-24, the Strengthening Canadian Citizenship Act. The measures enacted in Bill C-24 reinforced the value of Canadian citizenship and gave us a means to protect our country and citizens by revoking citizenship of dual nationals convicted of terrorism, high treason, and certain spying offences, or who have taken up arms against Canada.

A NRG poll of over 1,000 Canadians showed that 83% of Canadians and 85% of immigrants to Canada supported revoking citizenship from convicted terrorists. Many groups representing new Canadians endorsed the bill as well.

We believe that new Canadians enrich and strengthen our country. Their experiences and perspectives as immigrants strengthen an important part of who we are as a nation. They are the strength of our nation's future. We want newcomers to Canada to have every opportunity to succeed and to have opportunities for economic success.

A constituent of mine, Ray Galas, a hay farmer from northern Alberta, called me yesterday. He wants the government to focus on the economy so that newcomers arriving in Canada have every opportunity to contribute to our great country. A strong Alberta makes a strong Canada, a place for all to succeed.

We also want newcomers to experience many of our freedoms. All the new Canadians agree that we want to experience safe communities. Dual nationals convicted of terrorism erode the public safety we all cherish.

There are choices when it comes to penalizing dual nationals who are convicted of terrorism. One of them is jail. Revoking the right of citizenship is a penalty that fits the crime. The legislation that the Liberals seek to repeal allowed Canada to revoke the citizenship of the convicted terrorist Zakaria Amara, a member of the Toronto 18 . Members may remember that Mr. Amara was sentenced to life in prison after admitting to his role in the plan to attack sites in Toronto. He was convicted of knowingly contributing to a terrorist group for the purpose of enhancing the ability of the group to carry out an act of terror.

In 2007, Canada revoked the citizenship of two Nazi war criminals, enforcing the principle that Canada will not be a safe haven for anyone convicted of war crimes, genocide, or crimes against humanity.

The Liberals want to strike down this law. Canadian citizens have a responsibility to embrace Canadian values. A part of this responsibility that we all share as citizens is the special responsibility for the preservation of the principles of democracy and human freedom. These are cornerstones of our nation.

We are a law-abiding, generous, and compassionate country. The measures in the Strengthening Canadian Citizenship Act were enacted to better protect our country and better combat the ongoing threat that countries worldwide are grappling with. Most of our peer countries have similar legislation in place.

I would point out that Bill C-6 is the Liberals' first bill dealing with immigration and public safety. It is extremely worrying that under this legislation, dual national citizenship cannot be revoked for the commission of an act of terrorism, but can be revoked for fraud. We are concerned about the Liberals' lack of focus. The ability to revoke the citizenship of dual nationals who are convicted of terrorism and similar offences is a sound, good, and commonsense law. It is law that helps to maintain the integrity of Canadian citizenship. We do not support the Liberals' attempt to weaken our country. We will continue to push to keep our country one of the best countries in the world.

Another component that concerns me is the removal of the requirement for an applicant to continue to reside in Canada if granted citizenship. The intention-to-reside provision likely does not restrict the mobility rights guaranteed under the charter. What it does do is reinforce the expectation that citizenship is for those who intend to make Canada their permanent home. This is not an unreasonable expectation. We want to ensure that citizenship applicants maintain strong ties to Canada.

There is a reason that Canadian citizenship is the most sought after citizenship in the world. We have a reputation as one of the best places to live, a place where jobs, security, hope, and freedom are available to all. Every year we receive thousands of applications from people who want to live here. We hope that those seeking Canadian citizenship intend to bring their personal experiences and contributions to our nation, just as many of the preceding immigrants did during the course of our nation's history.

The sum of our experiences has made us a better country. We hope that future immigrants will also contribute to our nation and enrich our country by residing here. It is disappointing that the Liberals have chosen to focus on the intent-to-reside provision when there are more pressing issues facing us in immigration, such as the shortage of applications from skilled labour immigrants.

There is another component of Bill C-6 that gives us cause for concern. That is the provision that reduces the number of days during which a person must be physically present in Canada before applying for citizenship. Currently, the physical presence requirement is fulfilled if an applicant resides in Canada for only 183 days in four out of six years prior to making a citizenship application. The Liberal government proposes to change the physical presence requirement to three out of five years before the date of application.

The Conservative Party believes that stringent residency requirements promote integration and a greater attachment to Canada. We are opposed to any provision that weakens the integrity of Canadian citizenship, and we recommend that this component be struck from the bill.

Another component of Bill C-6 seeks to prevent applicants from being granted citizenship while serving conditional sentences, or allowing such time to count towards meeting the physical presence requirements for citizenship. We agree that these measures are reasonable and we support this component of the bill.

We also support the provision that all applicants must continue to meet the requirements of citizenship until they take the oath, regardless of when their application was received.

The Conservative Party believes that the strength of our nation lies in the strength of our citizens. Gaining citizenship by means of fraud undermines our nation and leaves us vulnerable. We support the component that gives citizenship officers the authority to seize fraudulent documents provided during the administration of the act, including during in-person interviews and hearings. The integrity of our Citizenship Act is not something we can take for granted.

If we allow dual nationals who are convicted of terrorism to remain Canadian citizens, we weaken our public safety. If we reduce the number of days during which a person must be physically present in Canada before applying for citizenship, we weaken integration within Canada.

In closing, we will examine the bill in detail, but we are extremely concerned about these changes.

Citizenship ActGovernment Orders

March 10th, 2016 / 11:40 a.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I completely agree. People who want to become Canadian want to contribute to the country. In my riding, we enjoy welcoming people and love having them move to our area. There are not very many immigrants in my riding of Mégantic—L'Érable because the town is not very big. However, the immigrants who do move there have talents and skills that we want to make the most of. People who want to come to Canada want to stay here. The requirements were completely reasonable, and I do not see why anyone would want to come here only to leave again. It is therefore legitimate to have some kind of minimum. In that regard, there was nothing wrong with Bill C-24.

Citizenship ActGovernment Orders

March 10th, 2016 / 11:35 a.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, I want to thank my colleague for his speech and for his appreciation of the debates and discussions we have been having so far in this 42nd Parliament. However, I do want to ask him a question.

Most rights and freedoms advocacy groups and civil liberties organizations, such as the Barreau du Québec, the Canadian Bar Association, Amnesty International, and the Canadian Council for Refugees, questioned the validity of the Conservatives' Bill C-24 in terms of complying with the Canadian Charter of Rights and Freedoms and international law. I find that troubling.

How does my colleague explain the fact that the Conservative bill created two classes of citizens? People with dual citizenship risked losing their Canadian citizenship, although people with only Canadian citizenship could not lose theirs.

How can he support such a discriminatory principle that creates two classes of citizens?

Citizenship ActGovernment Orders

March 10th, 2016 / 11:25 a.m.
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Conservative

Luc Berthold Conservative Mégantic—L'Érable, QC

Mr. Speaker, I want to start by saying that I will share my time with the member for Peace River—Westlock. I look forward to hearing him speak to this bill.

Not a single day goes by that I do not think about what a huge privilege I have to sit in the House and represent the people of my riding, Mégantic—L'Érable.

As a new member of Parliament from a small region of Quebec, I must say that this place is rather impressive. This is where elected officials contemplated the laws that have defined the Canada we know today. This is where they discussed and debated. Each government, each Parliament, and each parliamentarian had the opportunity to contribute to making our country, which is still a young one, one of the most admired democracies in the world. We are admired for our values of equality, compassion, justice, hospitality, and openness.

I am also impressed by the quality of the parliamentarians in this 42nd Parliament of Canada and by the diversity of its members. Just take a look around during question period and listen to those talking, and it becomes clear that Canada is a unique place in which everyone, regardless of where they come from, can help contribute to our country's future.

I would like to quote the Minister of Democratic Institutions, who spoke to the House yesterday about Bill C-6:

Whether an international student, or someone who works at GE, or a new Syrian to our community, we should acknowledge, encourage, and reward the choice that individuals make to come to Canada and to call this place home. They are experiencing Canada, especially before citizenship matters. Their choice to be here matters.

This will not always be the case, but the minister is absolutely right. I agree with her thoughts on this. Many people from around the world have chosen to live in Canada. Out of all the countries in the world, they chose Canada. This is the first country they chose to come to, as a new host country. I completely agree with the minister that we must acknowledge, encourage, and reward the choice that individuals make to come live in Canada.

What we must ask ourselves is why did these people choose Canada as their country? Why did they make that choice? The answer is obvious. They did so because Canada has always been a welcoming country, not just for the past 10 years or 100 years, but from the beginning.

It may not seem like it, but I am a very distant descendant of a German immigrant, a mercenary who came here to fight in a war and who chose to stay.

That is the nature of our Canadian citizenship. It is recognized around the world. When we travel, being Canadian is a little bonus wherever we go. Therefore, in my humble opinion, we must do everything we can to protect our values and this identity.

As I said earlier, as parliamentarians it is our role to make good decisions for future generations, just as parliamentarians in the previous 41 parliaments did before us. We have a responsibility towards Canadians. I would like to quote the member for Calgary Midnapore, the former minister of citizenship, immigration and multiculturalism, who said in his speech yesterday:

Canadian citizenship should be the gold standard; it should not be the bargain basement of citizenship in the world.

That brings me to Bill C-6. I am sure that the government's intentions are very honourable. Every single one of us is here to try to make things better, but we have to admit that sometimes we make mistakes. Sometimes it is because we want to do too much a little too fast. We rush into things that we will regret sooner or later.

Unfortunately, the consequences of such precipitous actions cannot be undone. When a government makes a promise, such as a slight $10-billion deficit, and then realizes that it did not look at the books properly and that its promises will cost Canadians a fortune, it cannot break its promise. It has to live with that and try to explain to Canadians why a slight deficit is now a huge one. Actions and words cannot be undone. There is no going back. It is a broken promise.

Fortunately, there is still time for the government to avoid making a mistake with Bill C-6. I would like to take the Minister of Immigration up on his offer. Yesterday, he said, “We do not claim perfection.” We suspected as much. Then he said, “If some members on the committee, of any party, have ideas for how to improve it, we would be open to such suggestions.”

Here is my idea. I urge the government not to rush this, to take its time and listen to the official opposition's point of view on this bill.

For example, yesterday, the member for Calgary Nose Hill gave the minister some excellent suggestions based on her personal experience as the daughter of immigrants who chose Canada. I invite all of my colleagues to read her story and her reasons for opposing many aspects of Bill C-6.

My hon. colleague was quite eloquent, and there was a great deal of wisdom in her comments. She said:

My concern with the bill is that it puts the cart before the horse in a lot of ways. It looks at issues that perhaps are not of the utmost concern with regard to immigration policy in Canada. I hope we can come to some sort of consensus because this is something that is going to affect our country over the next 10 years.

Those are wise words of openness and collaboration that our critic said here in the House yesterday. The government still has a chance to show wisdom by taking the necessary time to introduce a bill on citizenship that will help maintain the high standards of Canadian citizenship.

What are we to make of a bill that allows an individual to keep his citizenship after he has been found guilty of terrorism and wanting to kill and spread fear in his adopted country? Is that the type of bill that should be hastily passed without consultation? Since the beginning of the session, every time there is talk about reform, we have heard, “We will consult Canadians on electoral reform, we will consult Canadians on the budget, we will consult Canadians, we made promises, and we will consult Canadians on those promises as well.”

It is good to want to consult Canadians, but sometimes, in other cases, the government says, “This is how it is. We are not holding consultations, we made a promise and we are taking immediate action to forget the bad years of the Conservatives”.

In this case, the government members would do well to consult people and listen. As the minister suggested in his speech yesterday, they should take the time to listen to the official opposition and understand the issues behind this decision to abolish Bill C-24 in the way that they have done.

Canada continues to be one of the safest countries in the world. That is why thousands of people from around the world choose us as a safe haven. However, Canada will not be a safe haven to anyone who wants to destroy it through violence and hatred. We need to send this very clear, straightforward message to anyone who wants to become a Canadian citizen.

To be Canadian means to want success for all one's fellow Canadians, regardless of race, gender, religion, beliefs, or culture. That is what it means to be Canadian. There is only one type of Canadians: those who share these values, as every one of us here in the House does.

Citizenship ActGovernment Orders

March 10th, 2016 / 11:25 a.m.
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Liberal

Pat Finnigan Liberal Miramichi—Grand Lake, NB

Mr. Speaker, I would like to ask my hon. colleague if she thinks that one of the greatest concerns with respect to Bill C-24 is that bureaucrats could revoke the citizenship of ordinary Canadians and not the courts, as it should be.

Citizenship ActGovernment Orders

March 10th, 2016 / 10:55 a.m.
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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Mr. Speaker, I am honoured to rise today to speak to Bill C-6, an act to amend the Citizenship Act.

Before going any further, Mr. Speaker, I will be splitting my time with the member for Vancouver Centre.

I am proud to speak in support of the bill. I am proud to do so as the son and grandson of first generation Canadians, as a former public servant who fought against organized crime and terrorism, and now as a member of Parliament in the House, at the very heart of our democracy.

Make no mistake, Bill C-6 is very much about protecting our democracy. It is about showing respect for the generations of immigrants who helped build our country up from its very foundations. It is about protecting the pathways to citizenship for future new Canadians. It is very much about ensuring that equality of citizenship remains a right enshrined by the charter.

On this side of the House, we believe, as the Prime Minister has said, that Canada is strong not in spite of its diversity but because of it. The new policy measures introduced by our proposed legislation will safeguard this value through and through. This was a key promise during the election, and Canadians are right to expect that we would deliver on it.

Nevertheless, there are some on the side of the official opposition who object to the bill. In brief, they say that our proposed legislation will make Canadians less safe and it diminishes the value of Canadian citizenship. Nothing could be further from the truth. In fact, the law passed by the party opposite drastically overreaches, introduces hierarchical classes of citizenship, does nothing to keep us safe, and does nothing to enhance the value of citizenship.

Let me highlight the flaws under the old Bill C-24.

Under the law as it stands, Canadians who are convicted of certain serious crimes, and yes, including terrorism, may be stripped of their citizenship, but only if they hold citizenship in another country or could hold citizenship in another country. Therefore, it is not just Canadians who are dual citizens, but also Canadians who could be dual citizens, whom the opposition considers less equal than others.

It is not just terrorism, either. In the latter stages of the last election, a number of leading voices from the opposition were calling to expand the list of offences which could trigger revocation. Therefore, when the member opposite asks for evidence and facts about the slippery slope, there it is. It is part of the public record. It is not hard to see why some on the other side of the aisle say these things. Who does not want to punish a murderer, let alone a terrorist, and who does not want to denounce those who denounce Canada by their violent actions, motivated by a twisted ideological purpose?

As we reflect on these questions, I think of my own experience in prosecuting terrorists. I worked on the Toronto 18, along with some of the finest public servants I have never known. This case involved a plot to detonate bombs in Toronto and to wage an attack on Parliament Hill. It was a serious and complex case and alarming to the public.

One of the ringleaders of this conspiracy was Zakaria Amara. He was convicted. Some of my hon. colleagues across the way have referred to Mr. Amara frequently of late. This is because Mr. Amara was born in Jordan and was, thus, caught under the dual citizenship provisions of Bill C-24. Just weeks before election day, he received a letter from the then government by the then minister of citizenship and immigration that he would be moving to revoke his citizenship.

The opposition says that Mr. Amara is the only one who stands to win when we pass Bill C-6, as it will have the effect of reversing the revocation process and allow him to maintain his Canadian citizenship. Mr. Amara is no winner. Mr. Amara is a convicted terrorist and he is serving a life sentence. I helped put him and his co-conspirators behind bars, which is where he remains to this day. The only winner is the Canadian public that saw an individual convicted following a fair trial and due process.

Let us put aside the winners and losers rhetoric. The opposition goes on to argue that revoking Mr. Amara's citizenship and deporting him to Jordan or some other place will make Canada safer. They are wrong. Where is the logic in deporting a convicted terrorist from our soil to some other place, where Canada has a diminished capacity to prevent future terrorist activity and where the deportee would only have an increased capacity to continue to recruit, to radicalize, and potentially to return to do more harm to us should he choose to resume his agenda?

I challenge my friends across the way to come up with a credible answer to that question. I think they will find it difficult to do so.

Even looking at their own policies, one finds inconsistencies. For example, the Conservatives also sought to make it a crime for Canadians to travel to some of the very same regions to which they would banish domestic terrorists. How can they reconcile that for the average Canadians? They cannot. Indeed, not only would deporting convicted terrorists not keep Canadians safer, I fail to see how it would keep any of our friends or allies safer.

I want to spend my remaining time talking about one of the central focuses of Bill C-6, which is to uphold the equitable principle of Canadian citizenship.

Taken at its highest, the opposition argues that if we do not strip away citizenship from convicted dual citizens and those eligible to be dual citizens, we are somehow tainting citizenship for those citizens of the “old stock”, to quote one expression coined by the opposition party. The thrust of its position is that it undermines citizenship to allow a convicted terrorist to remain in our midst.

Let me be clear. We in the House are united in our resolve against terrorism. The Prime Minister has repeatedly said that terrorists belong behind bars. No one should ever doubt his resolve, nor that of the government, to confront any individual or any organization that would bring harm to our country and to see them brought to justice.

The previous government may not have liked to admit it, but all members, on all sides, take seriously our responsibility to keep our country safe. Bill C-6 would do just that. It would subject all criminals to the full force of Canadian law and the Canadian justice system. It would eliminate the former government's exception for those who hold, or could hold, citizenship in another country. It would mean that every Canadian, whether born here or naturalized, must obey the same laws or face the same consequences. It says that if people are convicted of terrorism in our country, they will go to prison in this country and they will stay there.

The opposition says that we should compromise the equality of our citizenship, but all it offers in return is a false promise of security.

Canadians have rejected the politics of division and fear. They have said, clearly, that there is no place in our laws for discrimination between those of us who were born here and those of us who were not. It now falls to us in the House, with this bill, to say the same.

My support of the bill is based upon the rule of law. My support of the bill is a vote of confidence for all the professionals who work in the law enforcement, intelligence, and corrections communities. My support of the bill is based upon the fundamental principle that it is the bedrock of who we are and the basic measure of what we share. A Canadian is a Canadian is a Canadian.

To be clear, I do not begrudge the members opposite for being angry, or even afraid in the face of terrorism. Those are the basic human responses to seeing our laws broken and our freedoms abused. However, we must not allow our fears to erode the principles and values on which our country was founded: equality, fairness, and compassion.

We are better than the law that is now on our books. It does not make us safer, but it does make us less equal. That is why Bill C-6 must pass.

Citizenship ActGovernment Orders

March 10th, 2016 / 10:55 a.m.
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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, it is interesting that the hon. member talks about the need to not electioneer, but in fact this issue arose in what seemed to be an endless pre-election period last year.

It was an electioneering issue. Certainly people saw through it. A particularly interesting moment occurred just at the beginning of the campaign. I was in a studio of a South Asian station in Surrey. I was due to go on the air and talk about a variety of things, including Bill C-24.

Just prior to my segment, the member for Calgary Midnapore was interviewed over the phone. He made a point about Bill C-24 to the host and the audience listening to that South Asian station that the listeners did not have to worry because they could not have their citizenship stripped, because India did not permit dual citizenship.

That really twigged it for me. Okay, now all of a sudden, we have one group that can suffer a particular sanction, whereas another group, basically due to a technicality, cannot. Everyone saw through that.

How could the hon. member and his party support that kind of approach?

Citizenship ActGovernment Orders

March 10th, 2016 / 10:50 a.m.
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NDP

Alexandre Boulerice NDP Rosemont—La Petite-Patrie, QC

Mr. Speaker, it bothers me to hear the Conservative Party members keep defending former Bill C-24, which created two classes of citizens. People who had dual citizenship could lose their Canadian citizenship, while people who had Canadian citizenship only could not lose it. The former immigration minister was even dismayed that Canada had signed international agreements preventing it from creating stateless people. We see how far the previous government was willing to go.

Why is the Conservative Party still not defending the principle of equality before the law? Why is it going against the advice of the Canadian Bar Association, the Barreau du Québec, Amnesty International, and the Canadian Council for Refugees, which felt that Bill C-24 was inconsistent with our own Charter of Rights and Freedoms, and international law?

Citizenship ActGovernment Orders

March 10th, 2016 / 10:45 a.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, the member for Durham invited a lot of responses and questions.

First of all, he started his commentary with respect to the intent-to-reside provision actually posing no conflict or confusion in the minds of newcomers. Simply put, currently, if one does not indicate an intention to reside, citizenship is not granted. If that does not sow confusion, I am not sure what does. It readily displays how out of touch my friend opposite is with the concerns of immigrants and newcomers to this country.

Second, he stated that revocation has not ended altogether and that we are therefore not principled as a government in what we are proposing in Bill C-6. However, revocation on the basis of fraud has existed in legislation in this country since 1947. We are returning to the status quo ante. The reason revocation for the purposes of fraud is the only provision that has existed, until the previous government decided to up the ante, is that we treat fraud in the context of citizenship with a citizenship sanction. We treat other acts, such as criminal acts and the litany of items raised by the member for Durham, with a criminal sanction. In fact, he said so himself that revocation is not a criminal sanction. That is right, and that is the point. It is why revocation on the basis of criminality has no place in this legislation.

On the last point, the member indicated at length that the record of the previous government on diversity was quite good. However, I find it incredible that one would start with an oath of citizenship reference and recite the oath of citizenship, when the previous government in fact limited the taking of that oath of citizenship for certain women from certain religious communities based on what they wore.

Why does the member continue to defend a diversity record that is in fact lamentable and not recognize that Bill C-24 was a barrier to integration of newcomers, as opposed to some sort of lever to promote it?