House of Commons Hansard #91 of the 41st Parliament, 2nd Session. (The original version is on Parliament's site.) The word of the day was citizens.

Topics

Strengthening Canadian Citizenship ActGovernment Orders

7:15 p.m.

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 In addition, nearly 2,000 individuals linked to these investigations have either abandoned or withdrawn their citizenship applications.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

7:25 p.m.

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

7:25 p.m.

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

7:25 p.m.

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

7:25 p.m.

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

7:25 p.m.

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

7:40 p.m.

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

7:40 p.m.

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

7:40 p.m.

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.

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

7:45 p.m.

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

7:45 p.m.

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.

Strengthening Canadian Citizenship ActGovernment Orders

7:55 p.m.

NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, I thank my hon. colleague for her highly enlightening presentation.

I think that most, if not all, of us here in the House agree on the importance of Canadian citizenship. Before granting Canadian citizenship to someone, we must ensure that the criteria we are using are as objective as possible.

What does my colleague think about the idea in Bill C-24 that, from now on, there will be a declaration of intent to reside in the country?

Having an intention means opening the door to all kinds of speculation. For example, a person might say he intends to settle in Canada and remain here, but then he might be offered work outside the country a few months later. That happens to lots of Canadians. Would anyone doubt that person's intention when he said he planned to settle and reside in Canada?

I think that this criterion is not the kind of objective criterion we are looking for, and I would like to know what my colleague thinks about it.

Strengthening Canadian Citizenship ActGovernment Orders

7:55 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, by way of answering, I have to tell the member about my experience in London.

I go to every citizenship court that I can and what I see there is incredible pride, tears of joy, and a real sense of how important it is to be part of this country. However, I can understand, and I tell this to these new Canadians, how terrifying it must be to come to a new country. They leave everything that they know behind: their family, friends, work, and the things they are familiar with that guide them through life. I admire their courage, but for some who come here, the decision to stay, no matter how intended they are in regard to staying, must sometimes give them pause. I understand where minds can be changed. Situations may be such that they cannot stay.

To have the Conservative government speculate and be so suspicious of everybody's motives troubles me very much. I think people come here with integrity, honesty, and a will to make a life here. If that does not work out, well, that is a situation that we have to accept. However, this kind of suspicious and negative treatment by the government over and over again is unspeakable.

Strengthening Canadian Citizenship ActGovernment Orders

7:55 p.m.

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeMinister of Citizenship and Immigration

Mr. Speaker, the member for London—Fanshawe has uttered so many incorrect claims that it is impossible to address them in a few seconds. She is wrong about children. She is wrong about the levels of proof required to revoke citizenship. She is wrong about the authority of the minister. She is wrong about the role of the judiciary in all of these tests.

My first questions is: why is she fearmongering in this case?

Why is the member trying to make this claim at a time when citizenship has never been more popular, at a time when Canadians have never been more law-abiding, more prepared to follow the rules, and insistent that the rules be followed? Why is she insisting somehow that we will base revocation on suspicion when neither in the law nor in regulation is that remotely possible? It has not been possible for years, and it certainly is not possible now.

Could the member for London—Fanshawe please tell us why she is fearmongering tonight?

Strengthening Canadian Citizenship ActGovernment Orders

7:55 p.m.

NDP

Irene Mathyssen NDP London—Fanshawe, ON

Mr. Speaker, I have to say that I am quite delighted by that question. It seems to me that in case after case, in situation after situation, in statute after statute, the current Conservative government has placed itself above the law.

Conservatives can talk about the law all they want, but let us think about the judiciary, for example. Let us think about Supreme Court justices. Let us think about laws that prove to be unconstitutional. Over and over again, they think they are above the law, and this particular bill is no different.

To underscore the fact that the Conservatives think they can do anything they want, I would just like to remind everyone about people who have come into disagreement with them: Linda Keen, Richard Colvin, Kevin Page, Pat Stogran, Munir Sheikh, Marc Mayrand. All of these people have had the misfortune to disagree.

Well, I am not fearmongering. I am disagreeing, and I am not afraid to do so.

Strengthening Canadian Citizenship ActGovernment Orders

8 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, I am really grateful that I have the opportunity to speak to the bill before us today in the House because there are so many other bills that I wanted to speak to. The government consistently forced the ending of debate, whether it was through closure or time allocation. Its record now stands at 60. Even on this bill we are speaking under time allocation. I really wanted to do a full 20-minute speech, but now I do not have the time to do this.

In February, the Minister of Citizenship and Immigration tabled Bill C-24. He stated that the bill and the changes within it are meant to actually reduce citizenship fraud, increase efficiency of the system, and reduce backlogs. He said that it would “protect the value of Canadian citizenship for those who have it while creating a faster and more efficient process for those applying to get it”. Yet the bill is not actually doing much of any of that.

I personally value my Canadian citizenship very much and I am sure everyone agrees overall that Canadian citizenship is something of enormous value to everyone. All Canadians value it very much. I do not want to see changes to our system at citizenship and immigration that play partisan politics with something that is so fundamentally important to so many.

I welcome some of the changes in the bill as it does address some long overdue deficiencies in our current system. However, many of the other changes proposed in the bill cause much concern and need significant amendments to ensure the protection of our valued Canadian citizenship.

In the Standing Committee on Citizenship and Immigration, of which I am a member, we have been doing a pre-study on the subject matter of the bill. We have had presentations and witnesses, but we have many more write to the committee hoping that they would be able to appear at committee when the bill is sent back to committee for actual study. Considering the fact that the Conservatives have now moved time allocation in the House on the debate, I am scared and nervous that we are not going to do a full study of the bill when it is sent to committee and that we are not going to be able to hear from more witnesses.

I want to list a couple of the organizations that have sent in requests to appear. These are not individual Canadians. Individual Canadians who want to make a presentation at committee should be able to. The United Nations High Commissioner for Refugees wants to make a presentation, but will not be able to. Amnesty International wants to make a presentation, but will probably not be able to. These are expert witnesses who want to speak at committee about the bill, but I am scared that we will not be able to do a proper study of the bill when it gets to committee.

A positive element of the bill is the issue of the lost Canadians. It is high time that this issue is addressed. It is an unfair situation that has gone on for far too long. We heard from the Canadian Council for Refugees and a couple of other witnesses who welcomed the measures to address the unfair exclusions from citizenship that have been allowed to go on for decades. They are, of course, the lost Canadians who are pre-1947 cases.

However, the council said that it regrets that there are no measures to address the unfair situations created by the 2009 amendments by the government to deny citizenship to the second generation born abroad. Canada is now creating a new set of lost Canadians and making some children who were born to Canadians stateless. We are signatories to the UN convention for the prevention of statelessness and this is what is happening.

Even though I said I am going to be speaking about good things, there is a sprinkle of bad even in the good.

Another good item in the bill is expedited citizenship for permanent residents who are currently serving in the Canadian Forces. When we did another study in the citizenship committee, I remember that a representative from the forces gave us actual statistics. He said it is about 15 people on average. What it would do is shorten the residency requirements from the new four-year requirement to three years for permanent residents who are serving in the armed forces. It is a great way to thank those people who are serving in the forces.

A third good thing is stricter rules for fraudulent immigration consultants. It is high time we finally regulated these immigration consultants. The NDP has been calling for the regulation of immigration consultants. We do not tolerate or condone any form of immigration fraud. We have pushed the government to develop tough legislation to crack down on the crooked immigration consultants. We have been supportive of anti-fraud measures. We would like to see increased resources for the RCMP and CBSA to continue to identify these fraudsters who are hurting a lot of citizens in Canada and are increasing the work in many of our MPs' offices, to be honest.

Now I am going to move on to the negative aspects of this bill. I do not have enough time left to go through the many bad things in this bill.

This bill would create far too many new barriers to citizenship. It would create a longer waiting period to qualify for citizenship. It would not actually give any value to pre-PR time spent in this country. UNICEF Canada has sent us a brief that says that we would be in contravention of the Convention on the Rights of the Child, to which we are a signatory.

There would be increased fees. Fees would double from $200 to $400. The language requirement right now is 18-54 years old for the language test, and Bill C-24 would change it to 14-64 years old.

Let me get into what UNICEF said about these actual changes. I know we do not have enough time for me to go through all the things I would like to say.

Bill C-24 proposes to amend subsection 5(2) of the Citizenship Act.... This shift in age requirements is problematic for immigrant and refugee children for a number of reasons. For instance, language and knowledge testing of children could lead to challenges with reuniting children with their families, and therefore could lead to the deprivation of the child's right to family reunification under the UN Convention on the Rights of the Child (article 10). This measure does not take into account the added stress that such testing may cause, or the children's ability to be able to be successful in test environments. In some cases, children may be still facing fear of authority, trauma from their home countries, and other experiences—depending on their individual life circumstances and migratory paths—that impair their capacity to successfully take such tests.

They go on.

I did not even touch on the fact that this bill would allow for the revocation of citizenship. The revocation would be based on the creation of two tiers of citizenship in this country.

My understanding is that one is either a Canadian citizen or not. There is no real in between. The government would create that in-between case. One would be a Canadian citizen with only Canadian citizenship or a Canadian citizen who had dual citizenship with another country or who the minister has reason to believe has dual citizenship. If that were the case, whether an individual actually had dual citizenship or wished to have it or if the minister believed the person might have another citizenship, the onus would now be on the individual to prove citizenship to the minister. The minister would have the discretion to revoke somebody's citizenship for committing a crime in another country or jurisdiction.

It just goes to show that there are so many things that are bad in this bill.

I really wish I had more time and that I was not speaking under time allocation so I could get through the other things I would like to talk about. Hopefully my colleagues will ask questions about the limitations and the values of people in Canada who are spending time as pre-permanent residents.

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Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I sat here and listened to the member's dissertation, and I have to say that I am pleased that there are a number of things in the bill she does like. However, I know that there is a particular aspect of the bill that is critically important in her riding of Scarborough—Rouge River, as it is in mine, because we are both from greater Toronto area ridings, which is a very multicultural part of the country.

The new bill proposes a new system. We would go from a three-step process to a one-step process for processing Canadian citizenship applications. That would reduce wait times from upwards of three years to less than a year. That would be very significant in our ridings.

I wonder if she could speak to how processing citizenship faster, as this bill proposes to do, would affect her constituents and her constituency work?

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8:10 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, the member is a parliamentary secretary, and he is on the immigration committee. He has heard, just as I have, time after time and hour after hour, from witnesses who are experts in the community, including lawyers and front-line service agents as well as individuals who came to the committee who said the exact opposite. They said that processing would actually increase, and it would actually make it harder for people to become Canadian citizens.

The first piece is that people would now have to wait longer to qualify. The residency questionnaire that would be a new introduction would also make it more difficult for people to get their citizenship and it would take longer.

We know that the wait time for some people is already almost five years. Some people have been waiting almost five years for their citizenship applications to be processed under the Conservative government with its backlog.

The Canadian Council for Refugees says it would make people wait longer. That would undermine Canada's stated commitment to integrate newcomers into this country. That is what the government is trying to do. It is trying to undermine newcomers to this country in integrating well into our community.

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8:10 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, when it came time to look at the issue of revoking citizenship, if it had not been not for the United Nations policy that a country cannot make an individual stateless, the government would have had the ability to withdraw a person's citizenship, even if it made that person stateless. We need to acknowledge that point.

The member was quite right when she commented at the tail end of her speech. She made reference to two-tier citizenship. That is something we need to be very wary of. Why would the government establish two tiers? I suspect that we will see challenges that will go right to the Supreme Court.

I would like to ask the member if she would like to provide further comment on how the government would establish two-tier membership and how those with dual membership would be treated compared to individuals who had just Canadian citizenship.

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8:15 p.m.

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, my colleague is correct. A private member's bill a Conservative member brought forward actually did exactly what he suggested, and that was revoke people's citizenship and create a situation of statelessness. When that bill was studied in committee, we realized how poor it was, and the Conservatives decided to kill it. Of course, they changed it from the quality work the committee did. They amended that bill, put it into Bill C-24, and are now creating two tiers of Canadian citizenship.

The answer to his question is that there are people who have only Canadian citizenship, whether it is through birth or naturalization or from renouncing another citizenship they may have had. There are also people who have dual citizenship. What is happening is that people who have dual citizenship are now being discriminated against. Because they have dual citizenship, the minister in Canada has the opportunity to revoke their Canadian citizenship and send them to their home countries, whether they have ever been in those countries or not. They could have been born in Canada, and for whatever reason have access to another citizenship. The Canadian minister can now take away their Canadian citizenship, their country of birth, just because they might have a claim to another citizenship.

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8:15 p.m.

Ajax—Pickering Ontario

Conservative

Chris Alexander ConservativeMinister of Citizenship and Immigration

Mr. Speaker, I thank everyone in the House tonight, and those across Canada who are taking part in this debate. It is important, it is historic, and it will have an impact on generations of new Canadians to come, on lost Canadians, and on those who have not benefited from the privileges of citizenship today unjustly. It means a great deal for all of us who take pride in our Canadian citizenship.

There is a coincidence that this debate should be happening now, because it was 100 years ago this month, on May 22, 1914, when a middle-aged R.B. Bennett, who was the member of Parliament for Calgary at the time, said the following:

If the benefits of our citizenship and participation in our future are, as I think they are, privileges so great that they cannot be measured or expressed...five years is not too long a term.

He went on to say:

...those who come after us bear the standard.... [and] cannot do that unless we do something to acquaint those who deserve to take on our citizenship with its benefits and privileges, and also with its responsibilities and obligations.

R.B. Bennett said that 100 years ago this month. That is how old Canadian citizenship is as a legal concept. I had not realized that it was entrenched in law by the House long before the 1947 Canadian Citizenship Act. This was part of the Naturalization Act of 1914, a historic step forward for our Canadian identity, for our rights as citizens, for our autonomy within a British empire, and for our accession to full nationhood, which of course, in that month of 1914, had not yet been formed in the crucible of World War I—

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8:15 p.m.

An hon. member

The Statute of Westminster.

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8:15 p.m.

Conservative

Chris Alexander Conservative Ajax—Pickering, ON

—but would be soon after.

Members are reminding me about the Statute of Westminster and World War II, and so it went on to 1947 when our first citizenship act was passed. Canadian citizenship builds on a noble tradition.

It draws on the pride of French Canadians, those who settled and stayed in New France, who believed in the virtue of their system of government and the power of their institutions under the reign of Louis XIV.

It draws on the pride of first nations aboriginal peoples in their place on this land, on its lakes, on its rivers, in this physical space; the care they have always taken for these places; and the respect they have always shown for its natural heritage. It builds on centuries of belief that, as Bennett said, with the privileges of citizenship go the responsibilities. These are responsibilities that Canadians exercised in the War of 1812 and responsibilities that they exercised on a grand scale after that debate a hundred years ago, as Europe marched to war and Canada marched with it. It has evolved and changed in every generation. It has kept up with the times. It has been, in many respects, ahead of the times.

I just had the pleasure of meeting with the UN high commissioner for refugees, Antonio Guterres. Everyone has heard that he is here in Canada, travelling across the country, continuing to consider our country an example of the best behaviour in its treatment of asylum seekers and refugees. All of that generosity is based on the firm foundations of citizenship that we have and the foundations of our privileges and responsibilities as members of this society, those with the right to vote, those with the right to sit in this place, those with the right to carry that passport proudly around the world.

We on this side do not take the responsibility of citizenship lightly. We on this side, with the vast majority of Canadians, understand that, from 1977 to today, 37 years is a long time to go without a thorough root and branch reform and modernization of our institution of citizenship. That is why we are here tonight. That is why we have given days of debate to second reading in the House. We have given nights to this debate as well, in committee. That is why we continue to listen with interest to the other side, in the hope that we will hear something new and not just puppets on the other side somehow repeating the hopelessly misguided statements of the Canadian Bar Association or a couple of witnesses who came before committee who really do not understand what citizenship in Canada is today. We have not heard anything really original from the opposition so far. We look forward to hearing that. There is still time. There will be lots of us on this side of the House to listen.

In the meantime, let us remind ourselves what the bill would do. It would make our processing of citizenship more efficient. It would reinforce the value of citizenship. It would strengthen integrity and remove fraud from this program. It would protect and promote Canada's interests and values. For everyone in the House, because we all have constituents in our ridings who are new Canadians, immigrants, and permanent residents, what matters most is processing, in the short term.

Citizenship in our country has never been more popular than it is today. We have one of the highest naturalization rates in the world. It may be the highest in the world. At 86%, it is well beyond what Australia, the United States, the U.K., and other immigration countries have. It has gone up in our government's time in office, as we have raised the bar slightly in terms of knowledge and language requirements for citizenship in Canada, because we think there should be an attachment—

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8:20 p.m.

NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, I rise on a point of order. I have heard the minister say that we have debated this bill for days and days. Could the minister tell us which days? As I recall, this is only for two hours.