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.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:10 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, the original private member's bill would have led to statelessness because it did not specify where there was dual citizenship.

In this bill, it could happen. In many cases people who are thought to have dual citizenship may not.

I have heard my Conservative colleagues yell across the way that it is all about holding people to account for treachery or treasonous activities. Nobody in the NDP has said that wayward or treasonous citizens must not be held to account. Absolutely, they must be held to account.

We still believe in the judicial system. Even the most egregious crime, no matter what it is, demands fair and equal treatment under the law. This legislation would confer different levels of citizenship on different citizens. Individuals born in Canada could find themselves being removed from Canada after they have lost their citizenship. To me, that just seems bizarre. Somebody else who is born in Canada would not be facing the same kind of double jeopardy.

This just seems wrong. It does not even pass the common sense test.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:10 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, the concerns of my colleague from Newton—North Delta are well-founded. The government would certainly benefit from paying close attention to the matters she brought forward. If I could just elaborate a little bit more, we could be in a situation where, on simple suspicion of fraud, a person could have his or her citizenship revoked.

That kind of power seems excessive, especially, as the member mentioned herself, we already procedures to prove fraud and for people to be penalized and suffer the consequences of fraud where they are found guilty of it, but here we are talking about simple suspicion.

The minister himself has been quoted as saying that citizenship is a mutual responsibility. Surely the responsibility of the state would be to make sure the person's rights are safeguarded, that there would be due process and rule of law.

I would like to hear comments from the member. Does she find that the process that is being proposed here is leading to a situation of lawlessness, where the minister is taking upon himself to be judge and jury without due process? Without the benefits of the whole process, individuals can lose their citizenship and quite possibly end up stateless.

We need to have a better understanding of the rule of law in this country, and the bill seems to be going in the wrong direction.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:15 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, my hon. colleague is one of our most hard working members of Parliament in this assembly.

What we have here is, as another colleague summed it up, a solution in search of a problem. This is what the government wants to do and then it has gone backwards and asks how it can justify it. I do not see where the justification is.

Right now there is a mechanism to remove permanent residents because they are not Canadian citizens yet. There is a mechanism for a Canadian citizen who has achieved that through fraud, once proven, to have that citizenship taken away.

What are we saying when we tell people who were born in Canada or who have become citizens through naturalization that they will now be held to a different standard than another person who was born in Canada or another person who becomes a naturalized Canadian? What is it saying? It is creating a two-tiered citizenship. That is fundamentally wrong. It is the responsibility of the state. The state owes some responsibility to citizens as well.

In this case, I feel that what the minister and the government want to do is shunt that individual off somewhere, when that individual is a Canadian citizen.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:15 p.m.
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Willowdale Ontario

Conservative

Chungsen Leung ConservativeParliamentary Secretary for Multiculturalism

Mr. Speaker, I will be splitting my time with my colleague, the member for St. Catharines.

I am very pleased and privileged to have this opportunity to add my voice in support of Bill C-24, the government's legislation that would strengthen the value of Canadian citizenship. Let me also say that it is a privilege to be a Canadian citizen and to be able to rise in the House to speak. I first came to this country as an international student in 1968, but I was made a stateless citizen in 1971 when Canada chose to change its recognition from the Republic of China to the People's Republic of China. Due to the generosity of the Canadian immigration system, I was able to apply for my permanent resident status and subsequently became a citizen in 1976.

Let me address some of the issues in the new citizenship act. As we know, Canadian citizenship is highly valued around the world. The fact that more than 85% of eligible permanent residents go on to become citizens is a testament to this. Last year, this translated into nearly 129,000 new Canadians citizens from no fewer than 219 countries, a 14% increase over 2012 numbers. We can all take pride in the value of our citizenship and in our high naturalization rate. Unfortunately, because Canadian citizenship is so valuable, some people are prepared to lie or cheat in order to qualify. For example, they may break our citizenship law by pretending to be living in Canada when they are living abroad. In fact, more than 85% of Canadian citizenship fraud involves falsifying residency. In many cases, permanent residents have used the services of immigration consultants who fraudulently establish evidence of residence in Canada while living abroad most, if not all, of the time.

Ongoing large-scale fraud investigations have identified more than 3,000 citizens and 5,000 permanent residents linked to major investigations, the majority of them related to residents. In addition, nearly 2,000 individuals linked to these investigations have either abandoned or withdrawn their citizenship applications. Individuals who seek to obtain Canadian citizenship fraudulently have no real attachment to Canada. They want citizenship for no other reason than to obtain the many benefits associated with Canadian citizenship or purely for financial gain.

Right now, applicants must reside in Canada for three out of the previous four years before being eligible to apply for citizenship. The major fault with the current citizenship requirements is that “residence” is not defined under the current Citizenship Act. As a result, it is currently possible for someone to become a Canadian citizen even if he or she has spent little time actually living in Canada.

Under the changes we propose, the rules around resident requirements would be strengthened so that adults applying for citizenship would have to be physically present in Canada. We would also lengthen the residency requirement to four years out of the previous six years, with a specific requirement to reside in Canada for a minimum of 183 days during at least four of the six qualifying years.

In his testimony before the Standing Committee on Citizenship and Immigration, Martin Collacott, a former Canadian diplomat and spokesman for the Centre for Immigration Policy Reform, said:

...I think newcomers will value their citizenship more if they know it is not something that can be acquired quickly or without meeting certain standards.

He added:

I strongly support the provisions of Bill C-24 aimed at ensuring that residency requirements are actually met, particularly in view of evidence that thousands of people have obtained their citizenship fraudulently by claiming they had spent time in Canada when they had not.

The proposed residency requirement in Bill C-24 would be consistent with the Income Tax Act, which says that those in Canada for less than 183 days with no other attachment to Canada are considered non-residents for income tax purposes. Unlike the majority of Canadians, non-residents are generally only required to pay taxes on their Canadian-sourced income. By better aligning the residency requirement for citizenship with the residency rules under the Income Tax Act, it would help to further strengthen the value of Canadian citizenship. Coupled with the new residency requirement, it would also strengthen the permanent residence attachment to Canada.

Immigration lawyer Richard Kurland, in a recent appearance before the standing committee, said the following:

For the first time, we have a pragmatic, transparent threshold to access Canadian citizenship. That is long overdue.

We obviously agree. I would add that these amendments to the Canadian Citizenship Act are also important because the physical presence in Canada assists with permanent residents' final integration into society.

A longer residence period would enable newcomers to develop a stronger connection to Canada. Furthermore, creating a clear and longer physical presence requirement would help deter citizens of convenience. Those individuals become citizens purely for the convenience of having a Canadian passport and to access the full range of taxpayer-funded benefits that come with this status, without any intention of contributing to Canada or even residing here.

In other words, they regard their Canadian citizenship primarily as little more than an insurance policy, to quote Mr. Collacott.

Of course in order to support their admission to Canadian society, citizens must first have an adequate knowledge of one of our official languages. As Mr. Collacott has said, the basic command of one of Canada's official languages is an essential skill for newcomers who are going to be able to contribute to society and the economy, as well as be able to realize their own dreams and aspirations as immigrants.

The government also believes that citizens must have knowledge about our country as well as the responsibility and privileges of Canadian citizenship, as this knowledge is essential to a new citizen's civic participation. This is why the amendments contained in Bill C-24 would also expand the age group who must first show proof of their language proficiency and take a citizenship knowledge test. We would expand the current age group from 18 to 54 years old, to 14 to 64 years old.

This would provide incentive for more individuals to acquire official language proficiency and civic knowledge, thus improving their integration. It would also ensure that more newcomers are better prepared to assume the responsibility of citizenship.

Lengthening the residency requirement and expanding the group that must meet knowledge and language requirements would ensure that more new citizens are better prepared for full participation in all aspects of Canadian life.

As I have said, these changes would also help deter citizenship of convenience. Taken together, the amendments in Bill C-24 would preserve and protect the value of Canadian citizenship both today and in the future by ensuring Canadians have a real, rather than a tenuous or non-existent, connection to Canada.

In his testimony before the standing committee, Shimon Fogel, chief executive officer of the Centre for Israel and Jewish Affairs, said his organization appreciates the steps taken by Bill C-24 to promote strong ties to Canada and buy-in to core Canadian values. He also added that the introduction of more robust residency requirements including physical presence to qualify for citizenship is particularly well received.

Canadian citizenship is highly valued around the world and, with this balanced set of reforms, the government is taking steps to ensure that it stays that way.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:25 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I listened carefully to my colleague's speech. He certainly raised some valid points, especially the fact that Canadian citizenship is highly valued. People around the world have a deep respect for Canada and Canadian citizenship.

That said, the temporary foreign worker program has shown us that it seems to be very difficult to become a Canadian citizen. It seems to be more and more difficult to obtain Canadian citizenship. The government seems to want to tighten the rules and no longer grant citizenship, or do so less frequently. Instead, the government wants to exploit foreign workers and use them as cheap labour in Canada. We have seen this on many occasions. The examples we have seen of the temporary foreign worker program in Canada show that it is used as a tool to lower the value of the worker on the labour market.

Since we are talking about the granting of citizenship, we should perhaps also talk about valuing workers in Canada. In my opinion, if someone can work, they should also have the right to vote.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:25 p.m.
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Conservative

Chungsen Leung Conservative Willowdale, ON

Mr. Speaker, what we need to appreciate is that citizenship itself is a privilege. To be a citizen or to be a landed immigrant to work in Canada is itself a privilege. Then we also need to be clear that we have to separate those who come here on a temporary basis from those who are here with an intention to say. Those who are here with an intention to stay, if they fulfill the residency requirements, will be granted citizenship.

One of the responsibilities of being a Canadian citizen is the ability to have some sort of civic participation. With most of our elections being somewhere between every four years and every five years, I feel it is necessary for a person to have actually physically experienced that period of time in Canada in that civic participation.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I wonder if the member could provide some comment about what rationale was used when no longer recognizing workers to the degree they are recognized under the current law. Now people can work in Canada on a temporary visa and can have worked in Canada for a couple of years, and ultimately, when people land in Canada, a portion of that time period would go toward their citizenship time requirements.

It assisted individuals who were working and contributing to Canada in a very real and tangible way. As a bit of a reward for that, they did not have to wait as long as others to qualify for citizenship.

What is the rationale? Why would that be taken away from those who are here as temporary workers?

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:25 p.m.
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Conservative

Chungsen Leung Conservative Willowdale, ON

Mr. Speaker, there is a difference. Let me share my personal experience on this with him. When I first came to Canada as an international student in 1968 and graduated in 1972, I was prepared to pursue my postgraduate education either in Europe or in the United States. There was not that intent to reside in Canada or to stay in Canada. It was not until I subsequently obtained permanent residency that I decided to stay in Canada.

Therefore, when people are here on a work visa or under temporary status, there is no guarantee that they have the intention to stay. When we hear the intention or the voluntary desire that people profess to want to be a Canadian, that is the time when we should start counting their intention to be a Canadian citizen and their contribution to society.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:25 p.m.
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St. Catharines Ontario

Conservative

Rick Dykstra ConservativeParliamentary Secretary to the Minister of Canadian Heritage

Mr. Speaker, I am certainly pleased to follow my colleague, who did such a good job describing and talking about the Citizenship Act and the changes we would make through Bill C-24. I would like to add my part to the point of how our government is planning to strengthen the value of Canadian citizenship.

Canada's 37-year-old Citizenship Act is in need of serious reforms. Its original purpose, of course, was to ensure we had individuals who worked through the process of becoming Canadian citizens and followed through on the legislation and regulation that was put forward at that time.

Indeed, the reforms today are here to work toward stopping the abuse of our immigration system and to put an end to the dubious folks who actually cheapen our citizenship by having zero connection or attachment to our country.

It is clear that our government takes the value of Canadian citizenship seriously. That is why we see this bill here before us today.

Citizenship defines who we are as Canadians, but it comes with certain responsibilities, like respect for the rule of law, contributing to the well-being of our communities, supporting ourselves and our families, and protecting our country.

Citizenship also means that we share a commitment to the values that are rooted in our history, values like peace, freedom, human rights, democracy, and the rule of law. Canadian citizenship is about more than the right to carry a passport. It is about the complete entity of what it is to be a Canadian citizen.

Citizens need to have an ongoing connection to their country, and in this particular case, an ongoing connection to our country of Canada.

As a government and as Canadians, we believe citizenship is truly something special.

When asked, Canadians across this country—especially those who have acquired, or recently acquired, Canadian citizenship—will say how special it is to actually achieve that end and that goal.

We cannot and do not attach a price to citizenship. Unfortunately there are those who would attempt to attach some form of monetary cost to Canadian citizenship.

The changes found in this legislation would be a real step in the fight against attempts to defraud the Canadian citizenship program and to defraud Canadian citizens of what is truly a remarkable feat once one achieves that citizenship.

It is unfortunate, but citizenship fraud is a serious issue in our country. The Government of Canada's investigation into residence fraud continues to grow, with nearly 11,000 individuals potentially implicated in lying to apply for citizenship or to maintain their permanent resident status. These are individuals who were most likely trying to establish the residency requirements for citizenship when they were actually living abroad. These practices demean and devalue what it is to be a Canadian and what it is to achieve Canadian citizenship.

The legislation before us would amend the Citizenship Act to ensure that, not only are we protecting the value of Canadian citizenship against those who would cheapen it, but we are also enhancing and building upon it.

Here is how we are proposing to do that. First and foremost, our citizenship program officers do not currently have the tools to determine if a consultant has been involved with an application for citizenship. We propose to change that and to require that applicants who use a representative when they apply for citizenship use only an authorized representative.

Changes to the Citizenship Act would give the minister the ability to designate a body to regulate and enforce citizenship consultant conduct. These changes would mirror recent changes to the Immigration and Refugee Protection Act.

It was just a couple or three years ago that we passed that new legislation in which a regulatory body within the Ministry of Citizenship would actually oversee and ensure that only consultants who were licensed through the ministry, who were approved through the ministry, and who actually met the guidelines were able to represent both individuals attempting to achieve refugee status, in the case of our refugee act, and individuals attempting to achieve citizenship and who are applying for it through this new act.

In regulating consultants, we would offer a level of protection to newcomers that they do not have at the moment.

We have all heard stories and talk within our constituency offices and our ridings from those who come in to our office to sit down with us and explain how they have simply and very clearly been ripped off. They have been led down the garden path to believe they can achieve citizenship if only they pay $1,000, $5,000 or $10,000 to this individual who does not have a reputation of being able to achieve that end and who is not licensed to work within the province of Ontario.

The amendments would also bring the penalty for committing citizenship fraud in line with the Immigration and Refugee Protection Act. They would increase the penalties for citizenship fraud to a maximum of a $100,000 fine, or up to five years in prison, or both.

The second part of this is we are taking action to strengthen the residence requirements for citizenship. My colleague spoke about that briefly in his remarks as well. Currently the Citizenship Act does not define what “residence” actually means. The act does not say or deem what “residence” or “resident requirements” actually mean when people are applying for and working through the process of citizenship.

Under the current act, prospective Canadians apply for citizenship and are simply required to have resided in Canada for three of the past four years. Our proposed amendment to the act is to stipulate that prospective Canadians would need to be physically present in Canada. This is important, because physical presence in Canada helps newcomers to integrate and establish a sense of belonging and attachment to Canada.

However, it is more than that. It is also about the ability for those individuals to learn what it is to become a Canadian, to learn about our history, to learn about our geography and what happens in the east or west of our country, what happens in Ontario and Quebec, and the fact that we have two official languages. It gives those individuals the length and the breadth of understanding, and the ability to know that when they achieve Canadian citizenship, it is because they earned it and because they understand it.

We will, however, include an exception for applicants who are outside of Canada because they are accompanying either their Canadian spouse or parent who is employed in the Canadian Armed Forces or as a crown servant. This is to prevent these permanent residents from being penalized simply because of their family's service abroad for our country.

It is an issue that we missed in the former bill, Bill C-37, which passed unanimously. I hope this citizenship bill will also pass unanimously. The former bill, Bill C-37, did not cover this instance where an individual had a spouse, parent or child employed in the Canadian Armed Forces. It would not have given those people the ability to achieve citizenship, so we will ensure it is in this act. We also want to lengthen the current residence requirements and require prospective Canadians to be physically present in Canada for four out of the six last years.

The Standing Committee on Citizenship and Immigration had the opportunity to hear key testimony on the bill. Organizations such as the Centre for Immigration Policy Reform and Immigrants For Canada as well as several immigration lawyers all agreed that extending the residence requirements would strengthen the attachment that individuals would have to Canada and that when they received that Canadian citizenship, it would enhance their ability as a Canadian.

Immigration lawyer, Mr. Reis Pagtakhan, noted that the longer an individual lived in Canada, the greater the connection would be. He accurately stated:

Citizenship bestows rights and protections many foreign nationals do not have. As Canadian citizens, they can vote and seek elected office, so it is important that they participate in Canadian life before they become citizens.

I could not agree more. Newcomers should have a deep understanding of Canada's culture and society before they apply for citizenship. We believe Canada has a strong identity, and this bill would build on that sense of nation.

Finally, as part of their applications, applicants would also be asked whether they intended to reside in Canada. If an applicant had no intention to reside in our country after they obtained citizenship, or if the government obtained information to this effect, they would not be eligible for that citizenship.

Our citizenship is highly valued around the world. Canadian citizenship is an honour and a privilege. It comes not only with rights, but it comes with responsibilities. The bill would reinforce that, build on it and take that 37 years since we have worked on the act and make it that much stronger and that much better. It would close a loop that should have been closed a long time ago.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:40 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, some parts of the parliamentary secretary's comments were enlightening, but a lot of it was, in my opinion, quite terrifying.

He spoke of fraud, that the bill would address individuals who tried to exploit people who were trying to immigrate to Canada by charging them vast sums of money to get to our country. I do not see how revoking someone's citizenship in Canada is going to stop someone overseas from exploiting a person overseas. The question really is how do we protect Canadians in Canada.

He mentioned that there would be new residency requirements. The person would have to abide by an intent to reside in Canada for four years. The Canada Revenue Agency, notoriously, cannot define intent when it comes to residency, so how does he think the immigration department will do any better?

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:40 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Mr. Speaker, let me just give the member the example of how we achieved the Refugee Protection Act. Consultants must now be licensed. They must be approved. They must work through that process. They are known within the ministry. The minute there is an attempt to take advantage as a consultants the individuals would now have the opportunity to go to the ministry, inform the regulatory body of what happened and an investigation would begin immediately. That has never happened when we have pursued the issue of Canadian citizenship and the ability for those to achieve it through fraudulent means.

If the member takes a look and reviews how successful it has been over the past few years with respect to the refugee legislative changes we have made, he will see that this is a strong supporting mechanism that has worked, and it will work within the framework of our citizenship changes as well.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:40 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, every year Canada benefits immensely from students from all over the world who come to study at our universities, colleges and many private institutions. In many ways they come to Canada because they believe they might have an opportunity to ultimately land in Canada. At least a fair percentage of them come to Canada believing and hoping that this will happen. For many of them it will materialize. They will ultimately land in Canada.

My question for the former parliamentary secretary to the minister of immigration is this. Why has the government decided to recognize students who have been studying in Canada, but not allow those students to use a portion of the time they are in Canada as a way to meet the requirement of being here for a certain period of time to get their citizenship? Why not allow those students to use a portion of the time they were here while studying under a temporary student visa as a way to provide incentive and encouragement? After all, they have made a significant contribution even before they have applied to land in Canada. Why take that away from them?

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:40 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Mr. Speaker, we have not taken that away from them. In fact, we have introduced a process, and he is very familiar with it, that students from other countries who come to study in Canada have an opportunity to seek out permanent residency upon their graduation. Permanent residency is a first step for them to reach that citizenship.

However, let us be clear. Canadian citizenship should be at value, at a potential height, that is not only respected but honoured. If individuals come to our country with every intention of studying or working here on a temporary visa and their intentions are to go back to their country of origin, we will honour that. We have the individual having the visa. We have the individual who is allowed to work here and he or she returns home.

However, when it comes to Canadian citizenship, if this is the value that individuals want to achieve, the ability to have Canadian citizenship, then giving up four years of their lives to live here directly on the soil of our country to earn that citizenship, I challenge you to find one person, one Canadian citizen in our country who would not say “That seems pretty fair to me”.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:45 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Before resuming debate, I would like to remind all hon. members to direct their comments to the Chair rather than directly to their colleagues.

Resuming debate, the hon. member for London—Fanshawe.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:45 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I will be sharing my time with my colleague from Scarborough—Rouge River.

With the exception of our first nations brothers and sisters, all of us in the chamber are newcomers to this country, every one of us, and we should be very aware of that reality when we start to bandy about and talk about citizenship. My own family came from places across the world.

My husband is from Holland, one grandmother was from the United States, a grandfather was from England, and my paternal grandfather was from Italy. In the case of my paternal grandfather, there are various stories about the reason for his departure from Italy. Some say poverty. I am inclined to believe it had something to do with him smoking under the police station veranda and accidentally causing a fire that made his departure essential. No matter what the reason, all who came here came for a better life. They came to make a new beginning, and that is what makes this bill so very important. That is also what makes it so very important to get Bill C-24 right.

Bill C-24 is an attempt to amend the Citizenship Act. It causes, at least on this side of the House, some great concerns regarding the fairness and constitutionality of the changes suggested by the Minister of Citizenship and Immigration. Everyone agrees that Canadian citizenship is something of enormous value. It is sought after around the world. However, what we do not want to see is any approach that plays politics with the issue, a situation that we have seen all too often from the government.

The Conservatives have a track record of politicizing issues for partisan gain. They also have a history of violently denouncing anyone who dares to contradict or disagree with them, including public servants like Linda Keen, Richard Colvin, Kevin Page, Pat Strogran, Munir Sheikh, Marc Mayrand, environmental groups, scientists, unions and international NGOs. How can the government be trusted with the power to decide, with no reference to courts or appeals processes, who should have their citizenships revoked and who should be secretly granted citizenship?

Some of the changes to the Citizenship Act would address deficiencies in the current system, and they should be applauded. With respect to the bill, it is high time that the issue of the lost Canadians was addressed. This is an absurdly unfair situation that has gone on far too long. The bill would allow for individuals to finally obtain Canadian citizenship, individuals who were born before the first Canadian citizenship act took effect. This would also extend to their children born outside of Canada in the first generation, this citizenship that is their right.

Despite this positive amendment, though, other parts of the bill are, as I said, profoundly concerning. For example, the question of revoking citizenship has raised significant legal concerns and we are always worried about proposals to concentrate more power in the hands of the minister. Under the provisions of the bill, the minister may revoke citizenship if he or any staffer he authorizes is satisfied on the balance of probabilities. Staffers are not elected, they are not responsible to Canadians, and yet they may be granted the authority to say that an individual has obtained citizenship by fraud.

Until now, such cases have all typically gone through the courts and cabinet. It would not be the case anymore. Again, the judicial process would be sidestepped. Are the Conservatives telling Canadians that they do not believe we have a reliable judiciary? Well, maybe just Supreme Court judges.

This aspect poses serious issues to the extent that the minister would have the power to revoke a person's citizenship solely based on suspicion, without an independent tribunal to rule on the veracity of the allegations. Does no one on the government benches understand how terrifyingly dangerous this is? Many organizations, including the Canadian Bar Association and the United Nations Children's Fund, have also expressed a concern over this and many other of the bill's provisions, and they have offered several amendments that could strengthen the bill.

One of the major problems that we have addressed with this bill is the broad discretionary powers granted to the Minister of Citizenship and Immigration, especially when dealing with revocation of citizens with dual citizenship. This is extremely concerning. Canadian law has already established procedures by which to punish individuals who commit unlawful acts. It is unnecessary to grant these powers to the minister. Ministers come and go. The judicial system is the one constant, but this bill would take the Federal Court out of the equation except in very limited circumstances. Awarding this much power to the minister is, as I said, dangerous and, in a matter as serious as citizenship, a fair and impartial decision-maker must be maintained.

The Canadian Bar Association believes that because revocation of citizenship is such a serious matter, a statutory tribunal like the immigration appeal division should have jurisdiction to consider the validity of the minister's decision to revoke citizenship. This provision to allow the minister such power would create a two-tier citizenship system where some Canadians would have their citizenship revoked and others would be punished by the criminal system for the same offence. The new revocation procedures are apparently related to a citizen's loyalty to Canada. However, it is unclear why only dual citizens should be so targeted. Do the Conservatives think dual citizens are less loyal than other Canadians? We have to step back from this and make a very clear statement that all Canadians should be treated fairly and equally. The Canadian Bar Association also warns that this process is likely unconstitutional and warrants serious additional review. Many of the revocation processes are quite simply discriminatory and retroactive.

UNICEF has also weighed in. It argues that these changes could place vulnerable children at risk and leave them without sufficient protection. The potential revocation of a child's parent who is of dual citizenship could lead to family separation where the child is abandoned in Canada without a parent or legal guardian. Just some weeks ago I was in Geneva at the Inter-Parliamentary Union meeting. We discussed at length the issue of abandoned children, children in war-torn areas or children who had lost their parents, and what the world had to do in terms of ensuring these children were protected and safe because they were alone. And here we are in this country that is supposed to be democratic, that is supposed to have principles and mores, setting up a situation where a child could be abandoned. It is unspeakable. It is unbelievable. What have we come to?

Further, under these revocation procedures, it is possible for a child to be found to be or believed to be guilty of an act that warrants revocation. How absolutely absurd to treat a child as an adult. This is undermining international law. Children who are faced with these circumstances will not likely have any familial ties in their homeland and may not have the proper channels to fight any decisions that revoke their citizenship. They are children, and we are supposed to care about that and we are supposed to protect them. These potential situations can place children in situations where their lives and their futures are at serious risk. UNICEF suggests incorporating an amendment that would require children under the age of 18 to not be included in the assessment.

Canada has a proud record of high naturalization rates. We are among the highest in the OECD, and we should continue to encourage people to become new citizens rather than creating procedures that only make it more difficult for them to do so. These individuals have the potential to be the biggest asset that we have. They account for 67% of our annual population growth. It is imperative that we make the necessary changes to this bill so that our society can continue to flourish and benefit from new Canadian immigrants.