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

[The Deputy Speaker, NDP, Joe Comartin]

The member for Calgary Centre will have five minutes of questions and comments when we resume debate on this bill.

It being 5:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

Bill C-24—Time Allocation Motion

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

moved:

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 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 of the 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.

[The Acting Speaker, Conservative, Bruce Stanton]

Pursuant to Standing Order 67.1, there will now be a 30-minute question period. As has been the case at other times where the House has considered these questions, we like to limit members' interventions to around a minute so that enough members will have the opportunity to participate. In addition, this is another reminder that the 30-minute question period is primarily intended for opposition members to question the government on the proposal that it has before the House.

We will proceed with questions. The hon. opposition House leader.

[Peter Julian, NDP, Burnaby—New Westminster, BC]

Mr. Speaker, 65 times we have had closure and time allocation. That is the deplorable record of the government. Back when Conservatives were trying to replace the former corrupt Liberal government, they said they were going to do things differently. They were not going to ram bad legislation through the House but would actually take the time to consider amendments from the opposition. We all remember that. That is what the Conservatives used to say.

Now, a few years later, the government has a deplorable record: it has used closure and time allocation 65 times. The public has a number of concerns about this controversial bill, which makes it even more deplorable that the government is doing this yet again.

The government does not want to show openness in the House. It simply wants to impose its law, regardless of the consequences. We all know what kinds of consequences these controversial bills have. The bills are so badly botched that the government is forced to introduce new bills to fix the problems. Furthermore, the Supreme Court has systematically rejected bills introduced by this government. This has happened four times in the past few weeks.

My question for my colleague is very simple: why is the government imposing a closure and time allocation motion for the 65th time, especially on such a controversial bill?

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

Mr. Speaker, we are doing it because we have a responsibility to Canadians, a responsibility to do what we promised we would do.

This overhaul of citizenship legislation has been on our agenda for years. We promised it during the last election campaign, in various throne speeches, particularly the most recent one, and in our budgets. Now it is time for action.

Canadians care deeply about their citizenship. They understand that it is very valuable and that problems in the existing law need to be fixed.

The law was last updated in 1977 under Prime Minister Trudeau's Liberal government. Many problems, such as abuses and processing delays, have surfaced since then.

If we do not take action and make this bill the law of the land, tens of thousands of permanent residents who want to become citizens will suffer. The opposition is not taking their interests into account.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, we have the government of the day that continues to want to use time allocation. It uses time allocation more than any other government in the history of Canada. It is abuse. It is so sad to see. We have that on the one hand.

Then we have the official opposition, the New Democrats, who do not even want to sit in the evenings. They voted against having those extra hours so we could have more debate.

We have legislation, such as the bill that is being proposed here, that generally needs to be debated extensively, and the government is trying to prevent that debate from taking place by bringing in closure.

Then we have New Democrats who, even though they agree with legislation, the simplest of legislation, want to invoke and pressure government to have time allocation.

The question I have for the government House leader is this. Why are the NDP and the Conservatives unable to sit down with the Liberals and work out a legislative timeframe that would allow for adequate debate on the important pieces of legislation that Canadians need to see legitimately debated at second reading?

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, there has been abuse. There has been a problem. Under our current Citizenship Act, last amended under a Liberal government in a thorough-going way in 1977, the door was open to people who claimed residence in this country, in relatively large numbers, but whose physical presence in the country was never checked. That is the kind of abuse Liberal governments left behind them, decade after decade, and this government is moving to correct, because Canadians attach importance to their citizenship. They want to see the rules followed. New Canadians want it. Canadians who have achieved citizenship by descent want it. People aspiring to citizenship today, making the sacrifices to go through the “Discover Canada” guide and to learn our official languages to the level required, want these rules to be followed. That is what the bill would do.

We have already had 36 hours of debate in this House. We will have many more hours of debate tonight, thanks to the willingness of this government to put its shoulder to the wheel and to work for the benefit of Canadians. That has allowed all sides of this bill to be considered. It has been pre-studied in committee. We are making progress, and we will make more tonight.

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, my constituents are shocked. They are angry. I do not know why the current government does not buy an entire warehouse of duct tape and just tape every single mouth in this House. It is ridiculous that we are actually debating something so fundamental as what citizenship is and means in a modern democratic country. It is unbelievable.

My Liberal friend should probably check the record. It has been very clear from the beginning. We said we had no problems with working. The point is that they got into bed with the government in order to keep us from actually moving motions. How democratic is that? It is incredible.

My question is the following. Is my hon. colleague, who I know is well intentioned and for whom I have a lot of respect, not capable of recognizing that something as fundamental as citizenship, something that concerns Canadians so much, here and abroad, should be properly discussed by this august chamber?

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, we strongly agree. It can and should be properly discussed. It has been discussed for dozens of hours. It will be discussed for further hours, this evening. It will be considered carefully in committee.

However, there is urgency to passing these measures, which we announced years ago in speeches from the throne and in budgets and for which Canadians sent us here with a strong mandate to bring into law, to bring into effect, because for us on this side who are in government it is very clear what Canadians' expectations are.

Last year was the biggest year ever for applications to become citizens: 330,000-plus permanent residents applied to become citizens. Our production of new citizens, of new awards of citizenship this year, has been unprecedented: 75,000 in the first three months. We are going to carry that pace forward.

However, we cannot meet Canadians' expectations and we cannot start to bring processing times down without the measures in the bill. They are urgently needed. That is why this debate, this fulsome debate, which has carried on for 36 hours, needs to continue tonight and come to a conclusion in due course.

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

Mr. Speaker, Marleau and Montpetit's historical perspective on closure is that the closure rule has been the subject of scrutiny and discussion on numerous occasions. In December 1957, the new Diefenbaker government placed a notice of motion on the order paper to repeal the closure rule, but the motion was never debated. In July 1960, the government thought about giving it to committee to look at the closure procedure. Then the Liberals of the 1970s again considered the desirability of repealing the closure rule, but they did not report it on either. Basically, no action has been taken on repealing this awful measure that was used only a handful of times for half a century. There was reluctance to apply the closure rule. It only started in 1913.

My question to the minister is simple. Does he actually believe in cutting off debate through this use of the closure tool, or like the Conservatives and Liberals of the past, would he at least consider repealing the idea of closure in debates?

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, I would correct the hon. member. This is not a closure motion; this is a time allocation motion. We are debating a measure that has been amply debated. Aspects of it were debated under different guises as private members' business, and aspects of it have been debated in different forms in previous amendments to the Citizenship Act.

These issues are familiar to Canadians, but what would this bill accomplish? First, it would underline and reinforce the value of Canadian citizenship, which all Canadians consider incredibly important. It would speed up processing. If we get this bill passed quickly, it would benefit tens of thousands of those waiting for their citizenships to be processed. It would also honour those who served Canada and circumscribe those cases in which citizenship can be revoked for gross acts of disloyalty. These are all measures that are very popular in this country, that are very much needed, that we have amply debated in this place, and that we want to move forward with this bill.

[Bal Gosal, Conservative, Minister of State (Sport)]

Mr. Speaker, this bill has been debated in committee and in the House. It is a very important piece of legislation for citizenship. I would like to ask the minister if he can tell us what he is hearing from Canadians out there about this bill.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, we are hearing from Canadians from all walks of life, in all parts of the country, about how much importance they attach to their citizenship and how much they want to see it protected, its value enhanced, and its integrity assured—the integrity of the process that brings people to this country first as immigrants, second as permanent residents, and then allows them to become citizens in unprecedented numbers these days.

These are the things this bill would do. It would help us to prevent the kind of fraud that, unfortunately, has prevailed in the system to a significant degree for decades, thanks to Liberal neglect. I have not heard in one single speech from the NDP, the official opposition in this place, that abuse has occurred. Many of the NDP speeches seem to be cookie cutter copies of one or the other. None of them has acknowledged the fact that there was abuse, that people have committed residency fraud in seeking to acquire citizenship in this country. New Democrats complain about the lack of debate, but they refuse to see and describe the reality as it is.

This bill is urgently needed, and Canadians want it because it would put citizenship on firmer foundations than ever and reflect the value that Canadians attach to one of their greatest possessions.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, I have a simple question for the minister. I am sure he knows he was mistaken when he said that we had debated this bill for 36 hours. I would like to remind him that Bill C-24 was debated for just a few hours by just five members: a Liberal, a New Democrat and three Conservatives, if I remember correctly. If I am wrong about that, he can set the record straight.

That means that only five out of 308 MPs, or just 2%, have been able to speak to this bill. That means that 2% of Canadians have been able to express their views on a very important bill about the basic tenets of Canadian citizenship.

I would therefore like to ask the minister a simple question: what percentage of Canadians would have to have an opportunity to speak to this bill for the debate to be democratic?

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, every Canadian has the right to have a say in this debate and many did. They sent us letters and emails to share their point of view on this bill.

The vast majority of them are in favour of the measures in this bill. We are listening to the NDP and the Liberals. If they have something new to say about this bill, then we want to hear it. However, we keep hearing the same things, the same baseless accusations and a refusal to acknowledge past abuses. If the NDP and the Liberals have anything new to add to this debate, then this evening is the time to do it because there are still a few hours of debate remaining.