Bill C-37 (Historical)

An Act to amend the Citizenship Act

This enactment amends the Citizenship Act in order to
(a) permit certain persons who lost their Canadian citizenship for specified reasons to have their citizenship restored from the time it was lost;
(b) permit certain persons who, born outside Canada to a Canadian parent, did not acquire Canadian citizenship for specified reasons to become Canadian citizens from the time of their birth;
(c) provide that certain persons born outside Canada to a Canadian parent who was himself or herself born outside Canada do not acquire Canadian citizenship; and
(d) provide for a grant of citizenship, on application, to persons who have always been stateless and meet other specified conditions.

Citizenship Act

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, it is interesting that this is the first day back, and I think I have been heckled more as a member today than I have, probably, in the entire last session. I am not a member who does the heckling. I hope you will agree. I try to restrain myself. I am not always perfect. I have a member next to me who sometimes does the same.

With respect to the committee work and the amendments, we proposed substantive amendments that would improve the bill. I told the members of the committee that if we could seek consensus on our amendments, we would vote in favour of the legislation, but we could not find it.

Police record checks are important. Making sure a person has a substantive connection to Canada is important. At the very minimum, it should be consecutive, not just spending a few days in a year. There is also the question of how would one prove 1,095 days in the previous 40 years of their life if they started having kids when they were 40? These are important administrative questions. The minister recognized that, but he could not answer how many people would be impacted.

I will just remind the NDP that they voted for Bill C-37, with a first-generation limit, back in 2008.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, to continue what I was saying, when we had Bill C-37, the first-generation limit was introduced, and the Liberal Party of Canada voted in favour of those changes, twice. The Liberals cannot now claim that it is a charter violation and that they have changed their minds. They supported it then for the reasons they had, and I do not know exactly what those were, but they did, twice, so it was not a mistake.

I believe that with this legislation, the key is what the impact would be on our citizenship system and our immigration system, and how many people it would impact. The minister is incapable of answering, and I think it is a critical question that Canadians need to know the answer to.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, the member is heckling me now. If she would allow me, I will give a thoughtful answer, as best I can.

Her own party voted for this legislation twice, back when it was Bill C-37, the first-generation limit—

[Tom Kmiec, Conservative, Calgary Shepard, AB]

I have a letter here, and I think all committee members had this sent to them. As we've been doing these hearings—and they've taken a few meetings—members of the public have sent us information. Some of it is very helpful because it comes from Immigration Canada, so it has some content information.

This one is from the executive director, Denise Mildner, who is from Saskatchewan, the Evermore Centre. It provides data on the back end. I want to read it into the record and make reference to it, because it feeds into my next question. It says:

The voices of many parents have gone unheard. Since 2010, 13,791 children were born abroad and adopted by Canadian parents since bills C-14...and C-37...were passed.

That's going as far back as 2007.

Of these, 63% or 8,632 children were adopted through the Citizenship Stream. Unknowingly, by choosing this route, however, these children do not have the same rights as other Canadians and cannot pass on their citizenship. Regardless of which route was chosen, there should not exist any discriminatory laws against an internationally adopted child.

Does this amendment fix this particular situation, or does it address a different issue of just passing it on and the treatment of the children as Canadian children for the first-generation limit?

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Madam Chair.

This amendment aims to address the second generation cut-off rule. Committee members will know that in 2009, under Bill C-37, the right for Canadians to pass their citizenship on to children born abroad was taken away. As a result, it has created a new class of lost Canadians. That's been extremely problematic. That was done back in 2009 by the Conservative government.

This amendment aims to restore that right to those individuals by establishing a connections test to Canada. I'm proposing that we establish the connections test in four ways. It says:

(i) the person has been physically present in Canada for at least 1,095 days,

(ii) the person has been registered as an elector or a future elector under the Canada Elections Act,

(iii) the person has studied at an elementary, secondary, post-secondary or vocational school in Canada, or

(iv) the person has been employed by the Government of Canada, or has been a representative or delegate of Canada, at an international organization, summit or forum.

I'm moving this amendment, Madam Chair, because I think it is important to recognize those lost Canadians. If they meet any one of those connections tests that I've highlighted, I think they should be able to have the right restored to them.

Madam Chair, at this point I'm just wondering if I should I read out the content of the amendment as it is drafted by the legislative council. Can I just say that I move NDP-1?

Citizenship and Immigration

[Nathalie Sinclair-Desgagné, Bloc, Terrebonne, QC]

Madam Speaker, Bill C-37 was passed unanimously. Can we know why this bill, which has exactly the same objective, is being debated again in the House of Commons?

[Jenny Kwan, NDP, Vancouver East, BC]

moved that the 15th report of the Standing Committee on Citizenship and Immigration presented on Tuesday, April 18, 2023, be concurred in.

Mr. Speaker, I rise to speak to this important motion before the House, the concurrence motion.

What we are dealing with is essentially seeking authority from the House to expand the scope of Bill S-245. Bill S-245 is a Senate bill that is before the House to address the situation of those who are commonly known as “lost Canadians”. Bill S-245 would amend the Citizenship Act to allow Canadians who previously lost their citizenship due to the age 28 rule to regain their citizenship. The age 28 rule means that second-generation Canadians born abroad were subject to the laws of citizenship under the former section 8 of the Citizenship Act, which required them to apply to certify their citizenship before they turned 28 years old.

In 2009 the Conservatives repealed this section through Bill C-37. However, the legislation did not restore citizenship to those who lost their citizenship prior to 2009. This oversight created major problems for many Canadians, as they somehow could lose their citizenship status as they turned 28. Many of them actually did not even know that was the situation they were faced with. It was only when applying for their passport, for example, that they realized they had lost their citizenship.

Bill S-245 seeks to fix the age 28 rule. However, the rule does not address other situations where Canadians have lost their citizenship. The archaic provisions of the Citizenship Act have resulted in many other lost Canadians, and New Democrats seek to actually fix this problem.

Mr. Speaker, 14 years ago, Bill C-37 passed in this House and came into force, and as a result of that, many people lost their citizenship rights. In fact, it created a scenario where Canada's Citizenship Act, for this group of lost Canadians, in many ways was not charter-compliant. For decades some Canadians have found themselves even to be stateless due to a number of these archaic immigration laws.

In 2007, the UN's Refugees magazine listed Canada as one of the top offending countries for making its own people stateless. In 2009, as I mentioned, the Conservatives said that they were going to fix the lost Canadian issue with Bill C-37. Sadly, this did not happen. Worse still, the Conservatives created a brand new group of lost Canadians, and today we have an opportunity before us to fix that.

Bill S-245, the bill that was introduced by Senator Martin, is now before the committee for citizenship and immigration, and the bill aims to address this group of lost Canadians, lost due to the age 28 rule. I want to be very clear that the NDP wholeheartedly supports ensuring those who one day woke up and found themselves without Canadian status are made whole. This absolutely needs to be done. However, it is the NDP's strongest view that the scope of Bill S-245 is too narrow. The NDP wants to seize this opportunity to fix the lost Canadian issue once and for all.

Currently, there is a large group of Canadians who are deemed to be second-class citizens, due to the Conservatives' first-generation cut-off rule brought on by the Harper administration in 2009. Bill C-37 ended the extension of citizenship to second-generations born abroad. By stripping their right to pass on citizenship to their children if they were born outside of Canada, the Canadian government has caused undue hardship to many families. For some, it means separating children from parents. Some even find themselves stateless.

I spoke with Patrick Chandler. He is a Canadian who, while born abroad, spent most of his life in Canada. As an adult, he worked abroad, married someone from another country and had children. He was later offered a job in British Columbia. When he moved back to Canada, he had to leave his wife and children behind because he could not pass on his citizenship to his children. He had to go through an arduous process to finally reunite with them a year later.

There are many families being impacted in this way, and it is wrong. We should not put Canadians in those kinds of situations, yet here we are and that is what they have to suffer through. There are many families being impacted.

Another family faced with this situation is the family of Emma Kenyon. In fact, Emma lived here in Canada, as did her husband. However, they worked abroad and they met abroad. They had a child abroad. That child is stateless because neither Emma nor her husband has status in that country. They are now in a situation where they have a stateless child born to a Canadian. This is so wrong, and we need to fix this problem. Immigration officials said to them at the time that, before their child was born, they had a choice. They could actually travel back to Canada and have their child be born in Canada.

This, of course, did not make any sense. It was during the COVID period, when, basically, it was unsafe for her to travel. If Emma did travel back to Canada, she would be without a family doctor or a gynecologist to care for her pregnancy. None of that made any sense, but that is what she was told to do. Of course, she did not risk the birth of her child in that situation. She did not risk her own health either. As a result, her child was born abroad and is now in a stateless situation. It should never have been this way.

Families are so frustrated with these archaic immigration laws, especially with the stripping of the rights of immigrants having children born abroad. Those rights were stripped because of the Conservatives’ Bill C-37. Families are now taking the government to court to address this inequity. The Conservatives deemed first-generation Canadians born abroad to be less worthy and less Canadian, even though many had grown up in Canada. The implications are so serious that people are taking the government to court.

At the citizenship and immigration committee, when the opportunity arises, I will be moving amendments to ensure that this does not happen to anyone else. The NDP amendments would ensure that first-generation, born-abroad Canadians would have the right to pass on their citizenship rights to their children based on a connections test. They would also retroactively restore citizenship to persons who have not been recognized as citizens since the second-generation cut-off rule was enacted in 2009.

The same principles would apply to adoptees as well. We need to make sure that individuals and families that adopt children are not going to be caught in this bad situation. For those who do not wish to have citizenship conferred upon them, upon notification to the Minister of Immigration, Refugees and Citizenship, these changes would not apply to them.

This will mean that people like Patrick, whom I mentioned, and people like Emma and her family would not have to suffer the challenges they face as a result of Bill C-37’s stripping of their rights.

In addition to the amendments related to the first-generation cut-off rule, I will also be moving amendments to symbolically recognize those who died before citizenship was conferred upon them. For example, many of Canada's war heroes fought and died for Canada. However, they were never recognized as Canadians. The NDP amendments would also honour them and recognize them as citizens, retroactive to birth.

The situation with what I call “war heroes” is this. The first Governor General of Canada, in 1867, right after Confederation, said that Canadians were a new “nationality”. However, according to Canada's immigration laws, Canadian citizenship did not exist prior to January 1, 1947. That means that no soldiers who fought and died for Canada in battles like Vimy Ridge or D-Day are deemed to be Canadians.

Bill C-37 was supposed to fix this, but it did not happen. Don Chapman, who has fought for so long on the issue of lost Canadians and trying to rectify those concerns, indicated that “the government has confirmed they're leaving out all the war dead [pre-1947]. So, the war dead in Canada were really just British. We might as well just scratch the Maple Leaf off their headstones.”

Symbolically recognizing those who fought for Canada and ensuring that they are recognized as citizens would have zero implications, no legal consequence whatsoever or liability for the government. It is really a strictly symbolic gesture, and it is an important one, especially for family members of loved ones who fought and died for Canada. I see some of these family members on Remembrance Day every year. Many veterans went to war and fought for Canada, and never came back. We should remember them as Canadians.

Beyond this, there are a couple of other categories of lost Canadians, who, due to one of the discriminatory rules, such as the gender discrimination rule that existed in Canada, were not recognized as citizens. The NDP's amendments would aim to fix that as well. Suffice it to say, there are long lists of people who have been hurt by this set of rules, and successive governments have said they would fix it. However, it never came to be. Now we have a chance to actually do that work. It is important we do that work now.

I fear that the Conservatives would not support this effort. At committee, when the senator and the sponsor of the bill were before us at committee to talk about this bill, the Conservatives indicated they wanted to just ensure the bill would be left as is and address only the 28-year rule, not deal with the other categories of lost Canadians. To me, that is wrong. Their argument is that it is too complicated, that we do not have time and that if the matter goes back before the Senate, then an election might be called and the bill might just die. That is, of course, if the Conservatives want that to happen.

We could actually work together, collaboratively, to say that we are going to fix this problem once and for all, for lost Canadians. We want to make sure that people like Emma Kenyon, whose child was born stateless, would never be in that situation. We could actually make that happen by amending the bill.

I know that Conservative members, even their leader, would say that they support the immigrant community and that they are there for them. If they are there for them, first, I would say that Bill C-37 should never have stripped of their rights the immigrants who became Canadians, such as myself. If I had a child born abroad, my child should have citizenship conferred upon them. The Conservatives took that away. We have a chance today to fix that, to say that immigrants, such as myself, would be able to have the same rights as those who were born in Canada, and be able to pass on their citizenship rights to their children born abroad.

To be sure that there is a connection between individuals like that, we could put forward a connections test, such as, for example, having been in Canada for 1,095 days. This happens to be the same number of days required, through the Citizenship Act, for people getting their citizenship. We could put in provisions like that to ensure there is a clear connection between them and Canada. There is no reason to say that we are not going to do any of this and that we are just going to strip them of their rights and not recognize them. Let us fix this once and for all.

[Sukh Dhaliwal, Liberal, Surrey—Newton, BC]

Thank you, Madam Chair.

When I hear some of the comments from the opposition, not necessarily relating to the motion that Madam Kwan brought forward, I can't sit back and take this because I have the institutional memory, particularly, of the regressive immigration policies that Conservatives brought in when they were in power. I can talk about those regressive policies for months and can write books on those. Let me talk about a few of the things that were raised on the other side.

Certainly, from time to time.... We had COVID. We brought in a policy to have the citizenship ceremonies at home. Certainly, I would love to have them in person. On the other hand, I was able to join one of the families, who were very happy to have it at home because the whole family was there. I still remember the name of the person—Sushil Kumar. His family invited me, and we really enjoyed having that ceremony at home. At least they had the option.

On the other hand, I do agree that there is always the off chance of fraud, as well. When we have online tests, it happens in every test. Certainly there are pros and cons on that particular thing.

On the issue of agriculture and farm labour that came up. I remember, I wasn't even elected at that time. It was the year 2003 or 2004 when Joseph Volpe was the minister of HRSDC. There was a pilot project that came in to help the farmers bring in workers from Mexico. I can tell you that he did it overnight. When I approached him—because people from British Columbia approached me, the farmers—I went to him and we brought in that pilot project. That project is very successful now across Canada.

I can talk about the parents and grandparents who were mentioned here. The regressive policies of the Conservatives almost tried to shut down the parents and grandparents—5,000 applications. They lowered the age of a dependent child from 22 years to 18 years so that the families didn't even qualify. I can tell you that I take pride in the Liberals here. When the government took over.... If you look at the past records, since 2015, if you take the average, Madam Chair, we accepted an average of 20,000 applications—four times more than the Conservatives. Not only that, but we've brought up the age of the dependent child from 18 to 22 years, so that more people can participate in those applications and more families can come here.

It doesn't stop there. I can talk about Bill C-37. That was their creation as well. They should have thought at the time that they were leaving many Canadians out of the Canadian citizenship we are talking about today. We need to talk today about whether that was a well-thought-out process in 2009.

When it comes to immigration, I don't think there's any government other than the Liberal government that has done more to bring in the people.

On the agriculture workers, I agree with Madam Rempel Garner that we have to have opportunities for agriculture workers to move from temporary permits or work permits to permanent residency. When we created 90,000 openings, out of that, I still remember, 40,000 were reserved for students and then 30,000 were for those from an agriculture worker to a professional—people who were in the agriculture industry could then become permanent residents—and 20,000 were for health care workers. At every opportunity the Liberals got, they worked hard and diligently to bring in immigration policies that are good for small businesses, good for Canada and good for Canadian families.

Look at the numbers. I still remember when I first was elected in 2006. If I look at the numbers then, it was in the area of 200,000. Now, we are bringing in half a million in 2025. Why? It's to help farmers, to help small businesses and to help families. I could go on forever, but I know the officials are here.

I will have to stop here, but at some other point we can have a good conversation on immigration policy.

Thank you.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Madam Chair.

I will just make some very short comments.

Suffice to say that there is no political partisan agenda here. The agenda here is to try to address the lost Canadians who are, indeed, suffering right now and whose families have been faced with forced separation and all kinds of challenges. I don't think that's what this committee wants to see happen to the community, in the broader community. That's what's happening right now, just to be clear.

As it happens, today is the 14th anniversary of Bill C-37's coming into force and effect, thereby stripping first-generation citizens of the right to pass on citizenship to their children and subsequent generations. We have people here today who presented as witnesses in the last round and who are gravely concerned. What I have heard from the senator, from Conservative friends of mine, from Liberal friends of mine and from Bloc friends of mine is that people want to address the lost Canadians issue. We have an opportunity to do that, and that's exactly what this is. We can seize that opportunity to see if we can make whole the family members who are suffering as a result of that.

I am hearing some threats related to it, but, from my perspective, I'm here to try to get a job done, and my motivation here is the people who are suffering. I know many of them. They have contacted me. They have written to me. I have spoken with them. I have met with them. I feel that it's my job to do my level best.

I understand that this is out of scope. Throughout the entire committee stage when we had witnesses before us, including officials, I asked questions about things being out of scope. I'm motivated to see if we can actually do something that is unusual—not for partisan reasons but for the public good.

I hope committee members will vote in support of this motion. Let's see if we can get the job done.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Madam Chair.

I'm now going to move a second motion, a copy of which has been sent to the clerk, also in both French and English.

The motion is as follows:

That, the committee report the following to the House: that the Committee recommends to the House that it be granted the power during its consideration of Bill S-245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians), to expand the scope of the Bill such that the provisions of the bill be not limited to an application to retain his or her citizenship under section 8 as it is read before April 17, 2009.

Madam Chair, we've had extensive discussion about this, particularly with witnesses who came before us. As we know, there are many categories of lost Canadians. Bill S-245 currently deals with the category of lost Canadians pertaining to the 28-year-old age rule. However, it leaves out many other categories of lost Canadians. Most notably, the current situations are such that many families are faced with forced separation because of the first-generation cut-off rule that came about with Bill C-37 back in 2009.

We've heard from witnesses who urged us—the committee, the government—to make amendments to this bill, which would be out of scope for this bill, to address those lost Canadians. There are other categories as well for which we can get into the details when we get to the clause-by-clause, but in order for that to be considered, this motion is required.

I'm therefore moving this motion so that we can follow the procedure absolutely, as has been advised to me by the head clerk and the legislative clerk sitting at the table, to make sure that we do not end up in a bad situation with this effort.

To that end, I hope committee members will support this motion I've put forward.

[Don Chapman]

The first thing I'll say is that I learned from the woman behind me, Meili Faille, that Quebeckers, French Canadians, understand the book de famille more than the English side. They understand what it's like to be stripped of their identities and culture, and that's exactly what we're doing with the lost Canadians.

As far as Nicole Girard's comments saying we're going to create new lost Canadians, no, I don't agree with that. The argument that they're going to.... What the gentleman from the the Canadian Bar Association just referred to was that we're going to give them retroactive citizenship, which takes away their ability or their right to say they were born in Canada—like being in a citizenship ceremony. The government didn't seem to have a problem doing that with Bill C-37, because that's exactly what it did to children of lost Canadians who were naturalized. They were deemed to be born in Canada, and then the government retroactively took that right away.

He also made reference to the Supreme Court decision in Benner v. Canada, which was about women's rights and criminality, both of them. What the government did was freeze into law that gender discrimination, so that today women have fewer rights than men to confer citizenship.

This is devastating, and to be really honest with you, I want all of this done. I wanted it done 10 years ago, 20 years ago. I lost my citizenship in 1961, and I've been fighting ever since. I was an airline pilot. I would not leave people behind, and I won't do it now, because we're going to keep fighting. In all honesty, this a choice and the bureaucrats have made the choice to deliberately leave people out. They've been doing this for decades. This is just a matter of sitting down, really checking this out and talking. We can fix this very easily.

There are a lot of people. Pre-1947, the Chinese were considered to be stateless registered aliens. They were not; they were citizens. The government is still, to this day, saying citizenship began on January 1, 1947. Most people do not realize that Mackenzie King stripped the Japanese of their citizenship in 1946 and deported them. Minister Hajdu, just a year ago, announced that the government is going to give citizenship back to those people who enfranchised before 1946. There are huge ramifications.

It's not a small group of people. It's a million to two million people. When Bill C-37 passed, since then, there have been about 20,000 people who have had claims, even though there are a million to two million people. For all these reasons of derivative claims, it's not going to happen.

Thank you for what you're doing. It's very important to fix this bill.

Citizenship Act

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, on behalf of the people of my riding of Calgary Shepard, I am pleased to speak to Bill S‑245. It is always a great honour and privilege for me to be able to speak on behalf of Canadian citizens.

I am not like everyone else in the House. Like 23% or 24% of Canadians, I am an immigrant to this country. I was just talking about that with my colleague, the member for Calgary Forest Lawn, who was born in Dubai.

As someone born in Poland, Canadian citizenship is extremely important to me. Canada is not only my homeland, but it is also the country that accepted my father, my mother, my brother and me when our country of origin, where I was born, did not want us. My father was a member of Solidarnosc. He was a worker, a labourer, an engineer for the Gdansk shipyards when Poland was communist. My father left Poland in 1983 to come to Canada, and it was Canada that offered him the opportunity to stay. He started working at a shipyard in Sorel. It was in Sorel, where I lived with my father in 1985, that I learned French.

Poland let us leave the country, but it did not let us take our passports with us, because the Polish workers at the Gdansk shipyard, the Lenin shipyard, and their families were not allowed to return to that country. As I said, Canadian citizenship represents my homeland as well as the great honour of becoming Canadian in 1989. Now I have the great honour of representing my constituents as a Polish immigrant to this wonderful country that has given us so many opportunities.

I must admit that I did not know a lot about the so-called lost Canadians, the people who lost the Canadian citizenship they had at birth or did not qualify for citizenship even though they should have been entitled to it by virtue of their presence in Canada. That is the result of a whole raft of laws and attitudes, and many MPs have talked about this and debated it since 1945. The laws changed again in the 1970s. Finally, along came Bill C‑37, passed by a Conservative government that wanted to solve the problem for good and reduce the number of lost Canadians as much as possible.

Despite the many bills that have been introduced to reform the legislation in this century and the last, despite the fact that parliamentarians studied this issue and were meant to receive witnesses to explain to them how these things happened, despite the fact that the government has tried to change the legislation several times to ensure that this does not happen, no one noticed that there would be a gap of 50 or so months during which there would still be lost Canadians.

Where are we at today?

I would like to thank Senator Yonah Martin, herself an immigrant from Korea, who sponsored this bill in the Senate. In the House of Commons, it was sponsored by the member for Calgary Forest Lawn. It is Senator Martin who proposed this bill to try to fix this problem for lost Canadians. Apparently, there are hundreds of Canadians in a situation that I would describe as extremely shameful, despite the fact that parts of the legislation have been changed over the past 100 years. Several different governments have tried to fix this legislative problem.

Before, the problem was that Canadians born outside the country to Canadian parents had until their 28th birthday to notify the Canadian government that they wanted to retain their citizenship. However, there was no form or simple way to confirm this with the government. It was not easy to do.

Even within the Conservative caucus, our colleague, the member for Souris—Moose Mountain, would have been one of those lost Canadians, had it not been for his father tipping him off. I do not know how his father knew that Parliament was amending the Citizenship Act, but the amendments could have made him one of those lost Canadians.

In debate, the member for Souris—Moose Mountain said that he would be forever grateful to his parents who made sure to let him know, otherwise he would not have been able to serve in the House of Commons and represent the people of his riding in Saskatchewan.

This is the second time that we have tried to fill this legislative void by introducing Bill S‑245. I greatly admire author Franz Kafka. We have here the perfect example of a Kafkaesque or bureaucratic government that creates problems for ordinary citizens. This great German author who penned The Metamorphosis, In the Penal Colony, The Trial, The Castle and Amerika, spoke about these major organizations that have far too many rules and far too many people trying to enforce them and about how an ordinary citizen can end up before them for making a mistake they were not even aware of.

Many people have lost their citizenship this way. However, those people can be proud because there are many parliamentarians, including Senator Yonah Martin, who are working to ensure this legislative void is filled.

We are now debating this bill to try to correct the error in Bill C‑37, which was introduced and debated in 2009 and 2011, if memory serves.

At the time, Bill C‑37 sought to amend the Citizenship Act to address this legislative gap. The period covered by the bill was approximately 50 months for second-generation Canadians. I am a first-generation Canadian. My children were all born in Calgary and are first-generation Canadians because they were all born in Canada. There was a legislative gap for Canadians who were born abroad to Canadian parents during those 50 months between February 15, 1967, and April 16, 1981. These Canadians were to inform the government before their 28th birthday if they wished to keep their citizenship.

As I said, there is hope, because we all agree that a Canadian is a Canadian and has the right to Canadian citizenship. It is a source of great pride and a great honour and privilege to be able to say that I am Canadian and always will be. In any event, that is my hope, unless the government makes another legislative mistake in the future and something happens to those of us who received their citizenship in 1989. I am hoping it will not happen, but one never knows.

In this bill, I think that Senator Yonah Martin found the right words to legislate on this issue. I have sponsored many bills in the House and I have had to talk to the jurilinguists and lawyers who work in the House to find the right words to achieve a goal. Sometimes, the problem is finding the right words and the right dates in order to ensure that legislative voids are properly filled while addressing the initial problem we sought to solve by introducing legislation in the House.

I thank Senator Yonah Martin, but also all of the other members and senators who worked hard on this bill. I am thinking of the former Speaker of the Senate, Noël Kinsella, and of former senators David Tkachuk and Art Eggleton, who worked hard to ensure that these Canadians get their citizenship.

During debates in the House, I always share a Yiddish proverb. Today's is this: “When you sweep the house, you find everything.” I hope that this legislation will make it possible for us to find all of the lost Canadians so that they can get their citizenship.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Madam Speaker, it is always a pleasure to rise to speak. Some issues I really enjoy having the opportunity to talk about because I can relate them to my constituency. In this case, I can relate it not only to my constituency, but to having been a former critic of citizenship and immigration for the Liberal Party when it was in opposition as the third party and being very familiar with Minister Kenney, even though I was not around when he made that specific change.

I want to share a few thoughts. One is directly on the issue before us and another on citizenship in general.

The member across the way gave a personal experience, and that is great. We can really learn a lot when members share personal stories of how something affected them. I appreciated what my colleague from York Centre had to say. It really makes the issue relatively simple to understand.

Let us say the member for York Centre, a Canadian, has a child in Israel. Two years later, that child lives in Canada with the member. The member then has a second daughter, who is born in Canada. The only difference between her two daughters is that one spent the first two years of her life in Israel. Imagine that her two daughters are growing up and, for whatever reason, maybe one of them decides to leave Canada and spend some time in Paris, a wonderful city no doubt. If it happens to be the member's first daughter and that daughter has a child in Paris, that child would not be a Canadian citizen, whereas if her second child were to move to Paris and have a child, that child would be a Canadian citizen.

That is not necessarily an anomaly. A number of those situations have arisen because of legislation, which has already been referred to, Bill C-37, that the Conservative Party under Stephen Harper brought in and passed. Many people are in that position and, sadly, as the former speaker just highlighted, would not even know it. They would be going along in their own way thinking they are Canadian citizens until a day when maybe they need to communicate with the federal government, perhaps about a passport or some other issue that would require citizenship, and then it might come to the surface that they are a second generation and, therefore, should not have Canadian citizenship. The Canadian citizenship would then be taken away.

I do not think anyone among us would deny the opportunity for the member for York Centre's first-born daughter to move to Paris and spend a few years or however long there. Not having her child classified as a Canadian citizen would be unfair.

In looking at the legislation today, it is interesting, but we need to recognize that ministerial discretionary authority is already in place. I could not say with 100% certainty how all-encompassing it is, but from what I understand, there are dozens of cases of lost Canadians that the minister is able to deal with. I am very encouraged by that because I was not aware of that happening when I was the critic for immigration and citizenship for the Liberal Party when it had third party status. I know for a fact that over the last couple of years, citizenships have been granted to lost citizens.

Is there a way this can be improved upon? That is why we are having this debate today and there will be another hour of debate. Suffice to say that I generally believe that individuals inside this chamber understand and appreciate the importance of Canadian citizenship. As the member quoted, he has his own citizenship card. Many, possibly all of us, in terms of the pandemic, have had the opportunity to see that sense of pride that immigrants often display during citizenship courts.

Canada is a country that is very dependent on immigration. In my own home province of Manitoba, the population would have decreased if it were not for immigration to our province in the last 15 years. Immigrants have built our country. We need to have well thought-out policies and a system of fairness, a system that ensures that permanent residents become citizens.

I enjoy it when I have an opportunity to participate in citizenship courts. I remember, very vividly, a young lady being sworn in of Filipino heritage with a Canadian flag wrapped around her as they sang the national anthem for the very first time as a Canadian citizen. It brings tears to the eyes of many when we witness that. Citizenship is the greatest thing that we can provide. People will wear the Canadian flag with pride when they travel to Europe or other countries around the world as Canada is seen as the greatest country in the world to live. We might all be somewhat biased.

These are the types of issues that come up when we think of citizenship and everything that is acquired. I go back to the residents of Winnipeg North, with many first generation immigrants participating in those citizenship courts. Virtually every weekend I am meeting with permanent residents who I know some day will become Canadian citizens.

It takes 1,095 days to become a Canadian citizen. That means three years. There is a bit of a calculation. Technically, it is a minimum of three years in the last five years from the moment when one puts their application in that one has to reside in Canada. There are some issues even within that. I have brought up the issue, for example, of long-haul truck drivers, ones that drive back and forth between Canada and the United States. I want to ensure that people, and families in particular, are provided that opportunity to get citizenship because I have seen the value of that. I understand and appreciate Canada's diversity. It is second to no other country. I want to make sure that we get it right.

We have to ensure the integrity of the citizenship process. That is, in fact, priority one for me in recognizing how important it is that lost Canadians are, in fact, being provided the opportunity to have that citizenship as quickly as possible. That is why I believe in ministerial discretionary authority. If there are examples that members have, they should not hesitate to bring up those examples with the minister in question, no matter what happens in terms of debate on this particular piece of legislation. We all want to make sure that the people who are entitled to have it should have it. There are examples that I think we really need to work through.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, for decades some Canadians have found themselves to be stateless due to a number of convoluted immigration laws. Some have found themselves all of a sudden losing their Canadian status and they do not know why.

In 2007, the UN listed Canada as one of the top offending countries for making their own people stateless. In 2009, the Conservatives said they were going to address this issue with Bill C-37. In fact, Jason Kenney was the minister of immigration then. Sadly, Bill C-37 did not properly address the lost Canadians issue. At the time, even Conservative minister Diane Finley acknowledged that Bill C-37 would not fix all of the cases of lost Canadians.

In fact, Jason Kenney created a brand new set of problems. For the purposes of this discussion, I will not get into the issues of how the Conservatives eliminated people's right to appeal when the government revoked their citizenship. I will simply focus on the issue of lost Canadians.

How did Bill C-37 not effectively deal with the age 28 issue with lost Canadians? When the government of the day did away with the age 28 rule with Bill C-37, in its wisdom it only applied it going forward. As such, those who turned 28 before 2009 were left behind. That means they remained as lost Canadians.

Affected Canadians caught up in this did not even know their citizenship was cancelled somewhere between 11 years and 15 years ago. For many it only came to light when they applied for something that required proof of citizenship, such as a Canadian passport. In some cases, because of Canada's archaic immigration laws, they discovered they were stateless. Others were faced with deportation, even though they were Canadians in every way prior to turning 28. It is just absurd.

I have met many lost Canadians whose lives have been turned upside down because of these unjust laws. Imagine someone who has lived all their life as a Canadian, has voted in elections, and one day wakes up to be told they no longer are Canadian.

I had the pleasure of meeting Byrdie Funk a number of years ago. She was caught up in this. She is a third-generation Canadian and had to fight this. It took her almost a decade to regain her citizenship, not because the law was changed; she had to shame the government to give her a special grant and to give her citizenship back.

Bill S-245 would fix this age 28 rule, and that is a good thing. However, this bill does not address the other issues for lost Canadians. Through Bill C-37, the Conservatives ended the extension of citizenship to second-generation Canadians born abroad, effectively creating two classes of Canadian citizenship. Preventing Canadians born abroad from passing their citizenship to their children if they were outside of Canada means the breaking up of families.

In the case of Patrick Chandler, when he was offered a job in British Columbia, he moved back to Canada, but he had to leave his wife and his children behind. That is the reality he was faced with as a second-generation Canadian who was born abroad. This is just plain wrong.

In another situation, a woman named Victoria Maruyama received her Canadian citizenship through her father as an immigrant from Vietnam. At 22, she moved to Japan to teach English and met her husband, a Japanese national. Her children were born in Japan, and as a result, they do not have citizenship through her, even though she had moved back to Canada. This is their reality.

In another situation, Gregory Burgess, a first-generation Canadian, and his wife, a Russian Canadian, were on a work visa in Hong Kong. Their child was born there and now their son is stateless. They tried to get their son Canadian citizenship, but the Government of Canada would not allow Mr. Burgess to pass on his Canadian citizenship to his baby. The government told them to apply to Russia, to get Russian citizenship through the mother. It is true. The government told them this right now, when there is a war that Putin is waging against Ukraine, an illegal war. It is unbelievable.

The message here is clear. Somehow, second-generation born-abroad Canadians are less worthy. These Canadians lost their ability to pass on their citizenship to their children. That is no thanks to the Conservatives and to Jason Kenney through Bill C-37.

Even though Bill C-37 was meant to fix the lost Canadian issues, many of the issues were not fixed, even though, in another situation, then ministers Jason Kenney and Chris Alexander had both asserted that Canadians were all British subjects prior to 1947.

That means that war heroes who fought for Canada are deemed British subjects, even though in 1943, for example, the Department of National Defence gave them documents indicating that they would be fighting the war as Canadians, as citizens of Canada. That is what was in the documents handed to those soldiers. The Conservatives would not recognize that.

Those war heroes have been left out as Canadians. They have been left behind. Some have passed on, but we should honour them and recognize them and their families. They were very much a part of Canada and should be recognized as Canadians.

Others were being discriminated against because of their age, gender and family status. Another individual, a Surrey resident, Jackie Scott, who was born in 1945 to a Canadian veteran and a British woman, was repeatedly denied citizenship despite having lived for decades in Canada. She was raised in Canada, effectively, and voted as an adult, and yet when she applied for her citizenship certificate in 2005, to her shock, she was told that she was not a Canadian. She had to launch a lawsuit against the federal government before the government would even take action to address the situation. Even though she voted previously and pretty well lived all of her life in Canada, she found herself, all of a sudden, without citizenship.

I could go on with a list of issues. I should note that when asked about lost Canadians in opposition, the now Prime Minister said that Minister Kenney needed to understand that the principles of Canadian citizenship need to be administered with compassion and openness, and that he simply was not addressing these Canadian issues.

The Liberal government had a choice to fix this problem and it did not do it, not since the 2015 election. That is why there are so many people who have lost their citizenship and now are lost Canadians. This needs to be fixed once and for all.

We need to address this issue. I have tabled a private members' bill to this effect. We can take that bill and work from there. We can make amendments to this bill, if they are not deemed to be out of scope or deemed to be out of order.

We do need to fix the lost Canadian issue. We have seen the havoc that it has created in people's lives and it needs to stop.

I want to thank all of the advocates, including Don Chapman, Randall Emery and so many others who have been fighting for Canada to right these laws and do away with these unjust discriminatory practices in our immigration laws.

Let the lost Canadians be recognized now.

[Alexis Brunelle-Duceppe, Bloc, Lac-Saint-Jean, QC]

Madam Speaker, even though I do not always agree with my colleagues from the other parties who sit here in the House, I tend to avoid getting into partisanship. I think I am even transpartisan, and often being transpartisan allows me to do my work properly for the people of my riding, who, since 2019, have allowed me to proudly represent them in my corner of the country, Lac‑Saint‑Jean.

Today I will speak not only for Quebeckers, but also for a good number of Canadians whose files at IRCC have fallen through the cracks for far too long.

Today, as the Bloc Québécois critic for immigration and citizenship, I want to talk about Canadian citizenship. Yes, members heard me correctly, because this affects everyone here. More specifically, I want to talk about Bill S‑245, an act to amend the Citizenship Act. It is a continuation of Bill C-37, which was unanimously passed in the House.

That is an example of cross-party co-operation. First, I want to quickly explain what this bill is about for those who are watching at home. Bill S‑245 seeks to correct a historic injustice by allowing Canadians who lost their citizenship because of past changes to the Citizenship Act or little-known regulations to regain it. We are talking about children of Canadian parents who were born abroad and who had their citizenship revoked simply because they failed to meet the requirement to apply to retain their citizenship before the age of 28, which is absolutely ridiculous.

These are people we now refer to as “lost Canadians”, those who were stripped of their citizenship because of an often little-known but truly ridiculous provision. According to the Department of Citizenship and Immigration's estimates, there are still between 100 and 200 people who have still not regained their citizenship. They are referred to as “lost Canadians”.

This bill corrects an oversight in the 2009 act, which missed a golden opportunity to do away with the requirement for people to apply to retain their citizenship when they turned 28. In fact, the main message of Bill S-245 is that we should be giving citizenship back to all of the people who lost it because of provisions in previous Canadian laws that were overly complex, unfair, sexist or even racist.

At the risk of ruining the surprise, I will say right away that the Bloc Québécois is in favour of Bill S‑245. If we think about it, this bill is perfectly in line with what our contemporary vision of citizenship should be. Once citizenship has been duly granted, it should never be taken away from an individual, with some exceptions. Only a citizen can freely renounce his or her citizenship.

Like all parties in the House, the Bloc Québécois supports and defends the principles of the Universal Declaration of Human Rights. It states that “all are equal before the law”. In fact, citizenship is an egalitarian legal status given to all members of the same community. It confers privileges as well as duties.

In this case, the Canadian government has failed its citizens. This is a matter of principle. I do not believe I am alone in thinking that it is profoundly unfair that, even in 2022, people can lose their citizenship for reasons that they probably do not even know exist. These provisions are from another time, a time long ago when there were questionable ideas about what it meant to be a citizen of Canada. Time has remedied the situation and, if the reforms of the past have not been instructive enough, then politics must weigh in.

As we know, the process for recovering citizenship is much too complicated. There is no denying that the federal bureaucracy is not exactly super-efficient when it comes to handling immigration, refugee and citizenship files. I believe we have said quite a lot about this since returning to the House in September.

Just how slow is the government? The act was reformed in 2005, again in 2009 and yet again in 2015. How many reforms does it take? Many citizens were overlooked every time the act was reformed: men and women, soldiers' wives and children, children born abroad and members of first nations and Chinese-Canadian communities. The government did not do a good enough job of fixing the act, so these people were left out in the cold.

Let us look back in history. Don Chapman, a retired United Airlines pilot, fought to bring the plight of these citizens to the public's attention. Don Chapman discovered that he had lost his Canadian citizenship when his father immigrated to the United States. Thanks to his astute demonstration that this was a problem affecting many Canadians, including Roméo Dallaire, he was able to force Parliament to remedy the situation and pass the suite of legislative reforms before us today.

Bill S-245 seeks to ensure that the mistakes of the past are not repeated. I would also add one thing. Every time we check, the government backlog is worse. It seems to me that it would be a good idea to prevent problems from occurring in the first place and making us wait once again for the federal machinery to make things right.

What does it mean to “make things right” in this case? It means ensuring for once and for all that the constituents in our respective ridings get what belongs to them. It is not right that in 2022, 17 years after the first reform to correct the situation for lost Canadians, we are not getting anywhere. In a situation like this, it is up to the government to offer a solution to the individuals to regularize their status so that they can have their dignity for once and for all, like every other citizen.

Whether this bill affects hundreds of claimants or thousands makes no difference to me. It is a matter of principle. In no way does that stop us from taking action for the good of the people we are fortunate to represent and who put their trust in us. I will say it again: It is a matter of principle.

At the risk of repeating myself, I would like to conclude with this. Most of the time when I have the opportunity to speak in the House, it is about suggestions that come from the opposition. I think we are all on the same side when it comes to helping people, and rightly so. When the government listens to us and we all work together, it usually results in better programs.

As parliamentarians, we must tackle the problems facing our constituents with a great sense of duty, and we must set partisanship aside to do so. The people of Lac‑Saint‑Jean, whom I have had the honour to represent since 2019, along with all Quebeckers and Canadians, must be considered on an equal footing.

The situation facing the so-called “lost Canadians” should never have happened. I will say it again: Citizenship must be equal for all. Let us make one last reform, once and for all. We have to get it right this time, for reasons of equality, justice and principle, but also simply because enough is enough.