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.

Bill C-24—Time Allocation Motion

[The Acting Speaker, Conservative, Bruce Stanton]

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

[Some hon. members]

Yea.

[The Acting Speaker, Conservative, Bruce Stanton]

All those in favour of the motion will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Conservative, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

(The House divided on the motion, which was agreed to on the following division:)

Vote #154

Strengthening Canadian Citizenship Act

[The Speaker, Conservative, Andrew Scheer]

I declare the motion carried.

I wish to inform the House that because of the proceedings on the time allocation motion government orders will be extended by 30 minutes.

It being 5:44 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

The House resumed from February 27 consideration of the motion that Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, be read the second time and referred to a committee, and of the amendment.

[The Acting Speaker, Conservative, Barry Devolin]

When this matter was last before the House, there were five minutes remaining for the hon. member for Calgary Centre.

Seeing as the member is not in the chamber, we will resume debate with the hon. member for Newton—North Delta.

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

Mr. Speaker, I rise to speak in opposition to this motion at second reading, Bill C-24, an act to amend the Citizenship Act and to make consequential amendments to other acts.

Today in this Parliament we witnessed, for the 65th time since I have been a member of Parliament, a government using the hammer of time allocation to shut off debate. I was in this House when the time allocation motion was discussed. I was so shocked to hear the minister say that we had over 30 hours of debate on this particular bill. Let me make it very clear. We have only had two hours of debate on this bill that has many components to it. From regulating immigration and citizenship consultants, to taking away citizenship, to qualifying for citizenship, all of those different components are in this bill, and yet the only time this Parliament will have time to discuss it is this evening. I am wondering what the rush is for the government. Why is it so afraid of legislation being debated? What does it want to hide?

Let me remind the House that there is a small part of this bill that is like déjà vu. It takes me back to last June when we were dealing with a private member's bill, and through it the government tried to bring about fundamental changes to citizenship in Canada. That was outside of the rules. Then it tried to change the rules. Of course it was not able to, because it was outside of the purview and the timing ran out. What has happened here is that two elements of that bill have been taken and thrown in with at least five other elements, and a whole new bill has been produced.

I heard the Minister of Citizenship and Immigration say today that we have spent over 30 hours discussing this. He must have been having discussions in a place other than Parliament, because I have gone back and checked and this bill has only had two hours of debate. Now we are going into an evening session until midnight and then the allocated time will run out and there will be a vote on it sometime tomorrow. Then it will go on to the next stage.

This is what is beginning to worry me. There seems to be a pattern. It is a pattern in which the government is using its majority to bully. It is using bullying tactics to rush through legislation that it does not want Canadians to find out too much about. It does not want Canadians to know what is really in this piece of legislation.

Let me be clear. There are two or three elements in this legislation that I support, but they are buried. That is typical of the Conservative government. It brings in omnibus legislation, which is legislation as thick as the telephone books for many of our communities across this beautiful country, and it has taken things that we know we need to take action on and buried them in with the worst elements of legislation that it knew were not only badly written but would have been open to all kinds of constitutional challenges; and it says it is trying to fix things.

I will be the first one to say that the immigration system needs to be reformed. The Liberals allowed long waiting periods, and that created backlogs. Some clarity and updating also needed to be done, but the minister has used that as an excuse and has broken the immigration system. He has taken it from one of nation-building to one of nation-dividing. That is a real concern.

Because of the new changes, family reunification is almost impossible right now. It is taking longer for spouses to get over here. As well, thousands of applications by skilled workers were shredded, even though they played by the rules we made, and now parents and grandparents have been turned into a lottery system. I agree that we do want the young and the brightest, but the young and the brightest have parents. They do not fall out of the sky.

Our immigration policy has gone from a nation-building policy to one in which the government sees itself as agents who provide temporary foreign workers at minimum wage so that big business can make huge profits. Vulnerable workers are being exploited, while Canadians who spend hundreds of hours looking for work cannot find it because the jobs they could do are being given away. The system is broken.

This legislation purports to fix citizenship, specifically the waiting list. I worked at a citizenship ceremony recently. The judge showed me a room full of files and told me it would take him a long time to get to those files. People have to wait over 31 months after their applications are in, and this is after they have met all criteria. During that time, these potential Canadian citizens are being denied their rights as well as access to many of their responsibilities.

There is nothing in this legislation that would expedite citizenship and get rid of the backlog. The government says it has invested extra money into getting rid of the backlog, but the lists have in fact become longer and the time period to obtain citizenship has become longer.

I am pleased to see that regulation of consultants is in the bill. We hear too many stories from coast to coast to coast of unscrupulous agents and consultants who are abusive toward vulnerable people in this situation. People are looking for help, and these unscrupulous agents make all kinds of promises and commitments. Then all kinds of money changes hands, so it is good to see that kind of regulation in the bill.

However, at the same time, this legislation has something in it that I find absolutely unacceptable.

I have to share with the House what citizenship means. I chose Canada to be my home. I came to Canada in 1975 as a young teacher, excited about exploring this beautiful country. I fell in love with it and decided this was where I wanted to stay and have my children and raise them, and I now also have grandchildren.

It was a very proud moment for me when I became a Canadian citizen. I can remember meeting the judge. He asked me a couple of questions. I was a social studies teacher, so he presumed I knew a lot of the background. We talked about what my experiences were like. I stood next to him and we had a lovely photograph taken. I had become a Canadian citizen. It was a very emotional time for me, because I take Canadian citizenship very seriously. I see it as an honour and a privilege.

Citizenship has to mean something. If we attend a citizenship ceremony here in Canada, we see people from all around the world with their eyes filling with tears as citizenship is bestowed on them.

Last Friday, which was May 23, 2014, was a very significant day in Canadian history, although members may not know it. It was the 100-year anniversary of the Komagata Maru. That is the ship that arrived in Vancouver harbour, where the racist policies of the day, passed by Parliament, prevented people from landing in the harbour. They were British subjects, because India was part of the British Empire at that time, but they were turned back. Some died en route. Some were shot once they got to India. Others faced many challenges.

On that day, as we were commemorating the 100-year anniversary, a man asked if he could speak. He went up to the mike and said, “After all these years living in Canada, I got my citizenship today, of all days”. He talked about what that citizenship meant to him. That is somebody who became a naturalized Canadian citizen, just as I am.

In Canada we do not differentiate those who are born in other countries and come to this country and choose to make Canada their home because, as we know, except for our aboriginal people, most of us became Canadian citizens that way.

However, what we are seeing here in this legislation would change what citizenship means, and not just for those who are born overseas and come here and become naturalized citizens. I think it is on this aspect that Canadians need to pay close attention to what the current government is doing. This legislation, if passed as is, would mean that the minister—not the courts, not anybody else—could take away citizenship from somebody who was born in Canada. Their family could have been here for a couple of generations, but they could still have citizenship taken away from them if they have a dual citizenship.

As members know, dual citizenship is not limited to a few people in this country. There are many Canadians who have dual citizenship, and—

[Bal Gosal, Conservative, Bramalea—Gore—Malton, ON]

Are you Canadian or not?

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

Mr. Speaker, I wish my colleagues would learn to listen. I am a Canadian. I am a proud Canadian, and in this country it is the law of this land that allows one to hold dual citizenship.

However, what the government is trying to do with the bill would actually change what citizenship is, because even for someone born in Canada, the government would give the minister the ability to take that citizenship away. I think it behooves each and every one of us to pay very special attention to this provision, because we are talking about potentially taking away citizenship from people who may never have been to another country, who were born here, and who have lived here all their lives.

By the way, I am not blaming just the Conservatives. The party at the far end started this trend because it was too chicken to publicly debate the changes it was making to immigration. It vested more power into the hands of the ministers so they could make changes behind closed doors and not have to go out and explain them to Canadians. The scary part is that we have seen the current government, a government on steroids, increase that power in the hands of the ministers, whether it comes to refugee situations or otherwise. In this case the bill asks Parliament to give the minister the power to take away somebody's citizenship, and it would not have to be based upon any sound evidence. It could be based upon suspicion.

There is no judicial hearing or anywhere that a person can go to tackle that. Someone's citizenship can be taken away based on suspicion. It is that scary. What is more scary is that kind of power will be given to some of the ministers I see sitting across the aisle from me. That, I will tell the minister, should scare Canadians from coast to coast to coast.

In Canada we are proud that whether people are naturalized or whether they are born here, once they are Canadian citizens, they have the same rights and the same responsibilities. However, under this legislation we are going to take one group of Canadians and hold them to a totally different bar. They could not only have their citizenship stripped away but would then have to leave the country, based on the whims of whom? It would not be based on any trial or anything like that, but in any case we should not be using citizenship as a tool, as part of a judicial system.

Let me be clear: if anybody gets his or her citizenship in a fraudulent manner, there is already a mechanism to have that person's citizenship taken away. If anybody has lied or deliberately used fraud in order to get citizenship, of course he or she should have his or her citizenship taken away.

We are not talking about that here. We are talking about somebody born in Canada, maybe someone born just down Wellington Street or in my riding at the local hospital in Surrey. I would say that Canadians would suddenly be feeling a bit worried, because what does citizenship mean if the minister can take it away based on suspicion, et cetera?

I read a quote by the new minister of immigration and I kept thinking that a minister would not say that. Here is the quote: “Citizenship is not an inalienable birthright.” If one is born a Canadian citizen, surely that is his or her birthright. That is how people gain their citizenship, unless they have been naturalized, in which case they have the same rights and privileges.

Here is something from the U.S. Our government always likes to quote some of the governments it likes some of the time. This is with respect to the U.S. Supreme Court. It is a quote by Lorne Waldman, the president of the Canadian Association of Refugee Lawyers, on February 5, 2014. He states:

The US Supreme Court got it right over 50 years ago when it said that citizenship is not a licence that the government can revoke for misbehaviour. As Canadians, we make our citizenship feeble and fragile if we let government Ministers seize the power to extinguish it.

As I said, there are some parts to this bill that we would be pleased to support if they were separated into different components. On the other hand, there are parts of this bill that give us fundamental concern. I know the government has an allergy to experts and expert opinions, but expert after expert has said that this legislation will be open to constitutional and charter challenges.

It is too late to plead for a more in-depth debate, but when the bill gets to the committee stage, let us at least hope that we will have a wholesome debate and that the Conservatives will accept the amendments we will take to that stage.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the comments from the member. I take somewhat of an exception to her shots at the Liberal Party, especially when we look at the history of immigration to Canada. Many would acknowledge that Canada has been a wonderful, generous country towards immigrants. Ultimately, through immigration, we have built one of the greatest nations in the world. We have been ranked fairly high by the United Nations as one of the best countries in the world to live. A great deal of recognition likely goes to individuals like Pierre Elliott Trudeau and Jean Chrétien, and good solid sound immigration programs.

Having said that, no doubt there is a need for periodic modification. What we have witnessed over the last couple of years has been somewhat disappointing.

Could the member provide further comment? I was in the committee with the member when we had an awkward member from the Conservative Party bring forward a private member's bill that was actually being hijacked by the government, which had a totally different agenda.

Part of that agenda has now been brought into this legislation. Could the member comment?

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

Mr. Speaker, my colleague and I were at the immigration committee last year when we dealt with the precursor of parts of this bill. I could see that there was some real danger in the direction the government was going. I stand by my words that some of the power we have seen being delegated to ministers is causing me major concern. It is allowing major changes to be made to immigration and, in this case, even to take away citizenship on a suspicion, so to speak.

I do not think we want to have that kind of despotic power put into the hands of ministers. We live in a parliamentary democracy, and we need to be debating issues right here. It is time that the immigration committee got back to looking at immigration policies that would be nation building, not ones based on the fear that everybody is a terrorist.

We are getting to the stage where we are not doing Canadians any favours.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I find this bill very disturbing and for many of the reasons that the member has already outlined in terms of the notion that citizenship can be held as a discretionary privilege in the hands of any particular political administration.

As I look at this bill, one of the areas that I think is most troubling is if the minister is of a reasonable belief that individuals have a second citizenship, they can lose their Canadian citizenship. There is a very real risk that other commentators have noted that we could create, basically, statelessness for people we have decided to exile.

It is a very unusual bill in that it is unprecedented. If there are people we believe deserve punishment, we can put them in Canadian jails. If they are Canadian citizens, they should experience Canadian punishments. The notion that they would be deprived of Canadian citizenship, even people who were born in Canada, is a rather slippery slope of depriving the most fundamental aspects of what citizenship means.

Does the member think that I am right, that we might actually have a circumstance where someone ends up stateless?