Bill C-24 (Historical)

Strengthening Canadian Citizenship Act

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

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.

Strengthening Canadian Citizenship Act

[Gary Goodyear, Conservative, Minister of State (Federal Economic Development Agency for Southern Ontario)]

Mr. Speaker, I have enjoyed the debate this evening. It is quite robust.

Bill C-24 speaks to eliminating fraud within the system.

I am proud to say that my riding of Cambridge-North Dumfries has the largest Portuguese community in all of Canada. When I speak to these folks in the Portuguese community, they tell me they are very proud to be Canadians and they are proud of the ethical process that they went through to become hard-working citizens. My first job was on an asphalt crew with a bunch of Portuguese men who were a great influence in my life.

My feeling on the bill is that it works toward preventing fraud in the system, which these hard-working new Canadians want to see happen.

My question for the member is this. Should we not improve this system to enforce and improve the integrity of the system to deal with those who are committing fraud within the system?

[John Weston, Conservative, West Vancouver—Sunshine Coast—Sea to Sky Country, BC]

Mr. Speaker, there are several provisions in the bill that would increase the penalties for fraud and jail time. The penalties would be increased to $100,000 for fraud.

We know from investigations that there have been thousands of cases over the past years and only a minimal number of cases have been prosecuted. This is going to make Canadians feel that our citizenship is more secure.

There are other provisions in the legislation like the income tax provisions that will now be presented for the first time so that people who claim permanent residence and use it will have to present their taxes. This will ensure their connection to Canada.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, I would like to start off with a quote from Macbeth:

Good things of day begin to droop and drowse;
While night's black agents to their preys do rouse.
Thou marvell'st at my words: but hold thee still;
Things bad begun make strong themselves by ill.

I would like to contend that the bill presented before us is a bill bad begun. It has grown from a rotten seed that was planted as the genesis of partisan ill will to drive a wedge between Canadians by a school alumnus of the minister from UTS, Mr. Garth Turner, who coined the term “Canadians of convenience” during the Lebanon crisis.

Although it might be a popularly held belief among many Canadians that some Canadians abuse their citizenship by leaving Canada, I would contend that this is not the case and that we have to defend the rights of every Canadian citizen. No matter where their origin, no matter their choice to leave, we have to, because it is in the law of this land.

There are perils in the tyranny of the majority.

Thoreau said:

...the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule, is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases cannot be based on justice...

I believe that is the case with this bill. I believe that it is a sign of political cowardice by the leadership on the other side of this House, and I would wish that one person would stand, as another minister did, and ask pertinent questions of their own government about why it is being politically cowardly about this issue.

I would like to clarify some facts made during the debate, particularly by the Minister of Citizenship and Immigration. He was clearly wrong when he heckled out during one of the debates that we were arguing that they are creating a law above the law in trying to defend on this side the Constitution of this country. The minister stated that the Constitution is not a law.

The definition of a constitution, according to Merriam-Webster, is:

The basic principles and laws of a nation...that determine the powers and duties of the government and guarantee certain rights to the people in it.

Now, the minister should know from his father, Bruce Alexander, who served under Bill Davis, the Ontario premier who was responsible for the patriation of the 1982 Constitution, that the Constitution is in fact the highest law of the land and that it frames our whole nation and the way that the government should act. It frames limits for the government so that it does not abuse its majority.

Everyone knows that the current government has problems with aspects of the Constitution, particularly the Charter of Rights and Freedoms.

Now, there are two charter rights that go against this whole popular notion of Canadians of convenience. One of them is section 6, which states:

Every citizen of Canada has the right to enter, remain in and leave Canada.

I would contend that the genesis of the bill is this whole popular idea of Canadians of convenience. There are no Canadians of convenience. If someone who is a Canadian citizen decides to leave, that is their fundamental right in this country.

The other one would be section 15, which outlines the principle of equality before the law, regardless of national origin. It does not matter if people are from China, France, the U.K., Turkey, or Lebanon. It does not matter where they have come from in the world; once they come here to Canada and become Canadian citizens, they are Canadian citizens, no matter what.

It is disappointing that this railing against the Constitution or the Charter of Rights and Freedoms comes from a man who has enjoyed a privileged life, a man whose father was a prominent lawyer who worked under someone who was arguably one of the greatest premiers in Canada, although I might disagree with that. He served under Bill Davis, who was responsible for the patriation of the 1982 Constitution with the Charter of Rights and Freedoms, which we know this side does not always agree with.

It is disappointing that the member cannot defend the highest law of the land, our Constitution. When one rails against the Constitution, there is a term for this. When one tries to subvert a constitution, there is a term for this and it is called sedition. It is seditious to try to subvert a country's constitution and to incite people to rebel against the highest law of the land. To sow divisions between Canadians is seditious behaviour.

I would argue that through presenting this particular law, Bill C-24, in the House it is sowing divisions among Canadians. It is attempting to subvert the Charter of Rights and Freedoms and it will end up having constitutional challenges that will entail costs for Canadian taxpayers. Every time there is a challenge to the Constitution, lawyers are hired. There are lots of costs involved and the government, which so much likes to defend the taxpayer, would in fact be footing the bill through the Canadian taxpayer in fighting all these cases that will arise out of this badly thought-out bill.

I would like to conclude by saying that I have a personal interest in this debate. I am the father of a dual citizen and I have been through this system. I have seen how it tears families apart and keeps families apart. I could not see my daughter for at least 12 to 13 months after she was born simply because of the immigration process and the length of time that it took to reunite families. I can tell everyone that this causes stress for families. It personally bothers me that my daughter who is a dual national would not have the same rights as I would.

Some future administration might decide that she is treasonous for whatever reason, because the concept of treason is there in history, say in the case of Brown v. Virginia, where a person wanted to abolish slavery. At the time if the majority does not agree with this person, the person is judged to be treasonous and hanged. Let us consider what we are doing here because sometimes the majority and the popular sentiment of a country is not always the right thing. It is not always the right thing that is being done. We have to look at this and consider it.

I would seriously ask the government to retract the bill. There are so many elements in it that are problematic. It is shooting off in all different directions. I think it has been badly thought out. It is a poorly thought-out bill that has its genesis in ill will of popular sentiment. I would ask the minister and the ministry to reconsider the bill because it will have serious effects on numerous Canadians.

There are good aspects in the bill. The part that is trying to rectify the problems with lost Canadians is one of the better aspects of the bill, but there are troubling aspects when we explore the concept of revoking citizenship, and not citizenship of someone born here, but citizenship of someone who has dual nationality.

That is a problem. When I look at my daughter, she is as Canadian as everyone in this room. She may not have been born on Canadian soil, but when she sings O Canada, when I see the pride she has in her country, I believe that she is 100% Canadian. If she left this country and spent 27 years such as the minister did outside of this country, whether it was serving Canada or serving another purpose, I believe that in her heart she would be Canadian. We should never remove citizenship from a Canadian citizen, no matter what.

We have recourse to justice for people who have committed crimes. I think it is an easy solution in the minds of the government to take away someone's citizenship. There are already judicial rules in place that make sure that if people have committed a crime, they are punished. We have a justice system that is robust and can deal with this.

It is disappointing that the government is using legislation to divide Canadians. I would contend that the bill would be seditious, because it would subvert the Constitution.

[Chris Alexander, Conservative, Minister of Citizenship and Immigration]

Mr. Speaker, we had to wait until midnight to be accused of sedition on this side. It must be the witching hour.

I would like to express sympathy to the member opposite for the difficulty he clearly faced in the immigration system. We are aware that separation of family members causes stress. We are working very hard to reduce backlogs to try to make sure that families can be together as quickly as possible. We have made a lot of progress in that direction.

In our earlier exchange about the Constitution versus laws, my point was that the Constitution is not sufficient to provide for the rule of law in our country. We have a Constitution, yes. We have a Charter of Rights and Freedoms. They are important, but we need laws, like the law on citizenship, and we need revisions and modernizations of those laws to tell us what the rules are to make sure that our country is well governed in every sphere. That is why we sit in the House of Commons.

Some of his colleagues were implying that it is enough simply to have the Charter of Rights and Freedoms and that it is all we need to define our citizenship. That is not the case, and it is not the case in other countries.

Is the hon. member really implying, though, that there should be revocation of citizenship for citizenship fraud, yet not for cases as serious as sedition, like treason, espionage, and terrorism? In fact, they are much more serious crimes.

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, my contention is that we have a law. We have laws touching on treason and on terrorist acts. Our justice system is robust enough to deal with these acts. If Canadian citizens commit these acts, we should take them to the courts and punish them. They are citizens. As Canadian citizens, they have rights, and those rights have to be protected.

One has a right to a fair trial in our country. That is one of the rights. This is another problem that would be created by the bill, because it would put in jeopardy the whole notion of having a fair trial.

My question is for the minister. Does he not trust our justice system enough? Does he not think it is robust enough to punish criminals who have done criminal acts of espionage, treason, and terrorism?

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I want to thank my colleague for a very impassioned speech. It was very well researched, with lots of literary references. I really appreciated that, being an English teacher.

Most of all, I wanted to say to him how much I appreciated that he shared his personal story on the difficulties he experienced. We have seen those reflected from coast to coast to coast, almost every one of us.

I live in Surrey in Newton—North Delta, one of the most diverse communities. My office often feels like the local hospital, where we do triage on immigration issues, and then we send people away feeling very frustrated. I actually have constituents who have been waiting 30 months, or four years, or as long as five years to get their spouses over. Sometimes the child, even after DNA tests are passed, is in kindergarten and grade 1 before the families are united.

However, what we are here to discuss today is really two-tiered citizenship, which my colleagues across the way have done everything they can to avoid talking about.

My question is very simple. If people are born in Canada or become naturalized and become Canadian citizens, under this legislation, could they have their citizenship stripped from them?

[Jamie Nicholls, NDP, Vaudreuil—Soulanges, QC]

Mr. Speaker, it is clear that for Canadians born here, citizenship cannot be stripped from them. For both, they can be stripped. It is not right. If people are Canadian citizens, they are Canadian citizens. They should not have their citizenship stripped from them. It is just not right.

I thank the member for highlighting my personal story. It was a bit too emotional to describe to the House, but yes, it is quite an ordeal to go through the immigration process and to try to be reunited with family members. From what I have heard anecdotally, as a member in this place, I have heard worse stories than what I experienced, as the member just said. I was lucky enough to understand the political system and went to the member for Vancouver East and requested her assistance in that case, and she did an excellent job.

[John Carmichael, Conservative, Don Valley West, ON]

Mr. Speaker, I am grateful to have the opportunity to add my voice to support Bill C-24, which would help prevent fraud and protect the citizenship program from abuse. Our Conservative government will not turn a blind eye to citizenship fraud and those who cheapen the value of Canadian citizenship.

Because Canadian citizenship is so valuable, many people are prepared to misrepresent facts to make it appear that they qualify. For example, they may pretend to live in Canada when they are really living abroad, often with the help of crooked citizenship consultants, those who would take money to help permanent residents circumvent the law and gain citizenship by fraudulent means.

As of October 2013, the RCMP had conducted investigations involving more than 3,000 citizens and more than 5,000 permanent residents. The majority of the investigations were related to residence. There are also reports that nearly 2,000 people linked to these investigations have withdrawn their citizenship applications.

Even the small number of crooked consultants who facilitate this type of fraud represents a substantial problem, as this undermines the program's integrity and the value of our citizenship. That is why this legislation would help combat fraud and protect the citizenship program from further abuse.

These measures include permitting only authorized representatives to represent individuals in citizenship matters, increasing penalties for fraud, refusing applicants because of misrepresentation at any point in the citizenship process, and barring them from reapplying for five years. This bill proposes to do this through several amendments to the Citizenship Act.

The current Citizenship Act does not include any means to regulate citizenship consultants. New provisions under Bill C-24 would allow the minister to designate a professional body authorized to represent individuals in citizenship matters. This means that the government could monitor and collect information concerning citizenship consultants, require applicants to declare the use of a consultant, and return applications from people using consultants who are not registered.

These changes would be in line with amendments introduced in 2010 to the Immigration and Refugee Protection Act, or the IRPA, to crack down on crooked immigration consultants.

I see that my time is wrapping up. I would just like mention one last item, if I might.

The current penalty for citizenship fraud is a mere $1,000 maximum fine or a one-year prison term; it would move to $100,000 or five years in prison. This is extremely appropriate in this matter.

[The Speaker, Conservative, Andrew Scheer]

It being 12:15 a.m., pursuant to an order made earlier today, it is my duty to interrupt the proceedings and put forthwith every question necessary to dispose of the second reading stage of the bill now before the House.

The question is on the amendment. Is it the pleasure of the House to adopt the amendment?

[Some hon. members]

Agreed.

No.

[The Speaker, Conservative, Andrew Scheer]

All those in favour of the amendment will please say yea.

[Some hon. members]

Yea.

[The Speaker, Conservative, Andrew Scheer]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Speaker, Conservative, Andrew Scheer]

In my opinion the nays have it.

Pursuant to an order made on Tuesday, May 27, 2014, the division stands deferred until Thursday May 29, 2014, at the expiry of the time provided for oral questions.

The hon. Minister of State for Western Economic Diversification is rising on a point of order.