An Act to amend the Citizenship Act (honouring the Canadian Armed Forces)

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Devinder Shory  Conservative

Introduced as a private member’s bill. (These don’t often become law.)

Status

Report stage (House), as of June 18, 2013
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Citizenship Act to require the Minister, on application, to reduce by one year the required years of residence in Canada to grant citizenship to any permanent resident who is a member of the Canadian Armed Forces who has signed a minimum three-year contract and who has completed basic training.
It also amends section 9 of the Act to provide that an individual is deemed to have made an application for renunciation of their Canadian citizenship or is deemed to have withdrawn their application for Canadian citizenship, if they engage in an act of war against the Canadian Armed Forces.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

Feb. 27, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.

June 13th, 2013 / 5:45 p.m.
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NDP

The Vice-Chair (Ms. Jinny Jogindera Sims) NDP Jinny Sims

I want to draw everybody's attention to the second part of the motion. That is where it says: On...April 23, 2013, the Committee recommended to the House that it be granted the power during its consideration of Bill C-425 to expand the scope of the Bill. The Committee is awaiting for a decision of the House before further considering the Bill. Therefore, your Committee requests an extension of thirty sitting days.

That's what it is, and it does capture the question of scope. But debate still has to be relevant. I will stress that.

Please carry on.

June 13th, 2013 / 5:45 p.m.
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Conservative

Rick Dykstra Conservative St. Catharines, ON

Madam Chair, I just want to suggest that the member is now speaking again about the scope of the bill rather than the relevant motion that's on the table regarding the extension of the private member's bill, Bill C-425.

June 13th, 2013 / 5:40 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Thank you, Madam Chair.

The Australian Citizenship Act of 2007, subsection 33(7) reads: The Minister must not approve the person renouncing his or her Australian citizenship unless the Minister is satisfied that the person: (a) is a national or citizen of a foreign country immediately before the Minister's decision on the application; or (b) will, if the Minister approves the application, become a national or citizen of a foreign country immediately after the approval.

So in Australia, another country we like to compare ourselves with, one cannot voluntarily give up Australian citizenship unless, before the minister approves—of course, through the official forms, format, and processes that they have, and I'm not going to talk about those—the person can clearly demonstrate to the minister that they have already received citizenship of another country or will receive citizenship of another country as soon as the minister signs that application or declaration or form or whatever it's actually called, and approves that application for renunciation of citizenship.

With the voluntary renunciation of citizenship in Australia, the prevention of statelessness is clear. We want to make sure—and I'm going to keep hammering this home—that Canada is not in contravention of the convention that we are signatory to. We signed the Convention on the Reduction of Statelessness.

As legislators, as people who have been given the responsibility to ensure that we are doing our due diligence, we in this committee who provide advice to the other members in the House need to ensure that we are not giving them wrong advice, and that we are listening to the advice that has already been presented to us by witnesses.

We don't need to hear more from witnesses on this topic, because it's clear that if we continue with Bill C-425, we will be creating stateless people in this country. We don't want to do that. This has already been made clear to us by witnesses, Madam Chair. That's why we don't need to study this bill further. This bill has been studied. It's a private member's bill and it has received the due process that is warranted, based on the schedule that the government members of this committee set as to when we would study this bill in this committee.

The evidence I'm presenting to you—and I have much more to present to you, Madam Chair—is very clear. We have heard much testimony, and it is clear that we don't need to study this bill further. That's why, Madam Chair, I will continue presenting evidence to you that will demonstrate to you further that we don't need to study this bill any further.

June 13th, 2013 / 5:30 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Okay. Fantastic.

I was just trying to help. I'm going to move forward, Madam Chair.

The reason I'm speaking of the countries that we like to compare ourselves to on a regular basis—that is New Zealand, Australia, the United States, and the United Kingdom—is that on a regular basis in our committee we like to compare our practices and policies to these four countries. Bill C-425 has already been made clear to us by the witnesses who have presented themselves in front of this committee and presented testimony, reports, or follow-up, which they've sent to our committee and that all of the members of the committee have read. We already know what we've heard from the witnesses.

So the reason I'd like to make sure that I'm putting this to you now, Madam Chair and to the members of the committee, is to prove—to demonstrate—that we don't need another 30 days of extension of study because the witnesses have already proved it to us. If we were to invite them again after extending this study period for another 30 days, they're going to come and make very similar arguments. We already have very clear arguments that have been made by witnesses.

That's why I'm providing this evidence to you, that these arguments have been made, the ones that I've been making to you. These arguments have been made and they're very clear. These are the reasons why we don't need to extend our study period. It's why I will not be supporting this motion that is on the table in front of us right now. I hope that's clear for the members opposite.

When I was speaking of statelessness there were actually a few members of the committee who wanted to hear the evidence of these countries because they felt it was important to make sure that this evidence for the countries that we like to regularly compare ourselves to is actually put on the record.

Let's talk about safeguards against statelessness in Australia, which they have in their legislation with respect to the voluntary renunciation of citizenship. In case we've now forgotten which legislation I'm quoting from, it is the Australian Citizenship Act of 2007.

June 13th, 2013 / 5:25 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Thank you, Madam Chair.

The motion is to extend our study period of Bill C-425 for another 30 days. I'm making arguments as to why the discussion we've already had on this bill in committee is sufficient, that the consideration we've had of this private member's bill was thorough, and that we do not need more time to study it. It seems the members of the Conservative Party seem to be of the same mind, that they don't need me to continue to prove to them that we don't need more study time on this.

Since they also seem to feel that we don't need to extend the time, I now move, Madam Chair, that the committee adjourn until June 21, 2013.

June 13th, 2013 / 5:15 p.m.
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NDP

The Vice-Chair (Ms. Jinny Jogindera Sims) NDP Jinny Sims

I just want to remind people of the motion that is before us.

The second part I did not read, and I want to read that now:

On Tuesday, April 23, 2013, the Committee recommended to the House that it be granted the power during its consideration of Bill C-425 to expand the scope of the Bill. The Committee is awaiting for a decision of the House before further considering the Bill. Therefore, your Committee requests an extension of thirty sitting days.

So when you look at that, and when you look at the scope of the bill within it.... I would now turn to Ms. Sitsabaiesan and urge her to make sure that the comments she makes relate to what is before us.

Please make sure it is relevant. If it's not, make sure you do not say it.

June 13th, 2013 / 5:05 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Thank you. I very much appreciate you, Madam Chair. You have been following the rule of the law, the rule of procedures in this place, and have been extremely respectful to the speakers. So I appreciate you very much. Thank you, Madam Chair, for your fair chairing of this meeting.

The point that I was just about to end there.... You just made your point where, when a speaker is interrupted, they lose their train of thought.

I think where I was at was that we regularly speak with bureaucrats in New Zealand, Australia, the U.K., and the U.S. about their experiences with immigration policy and how they do business in immigration, to try to make sure our laws are on par, or better, because we want to make sure we are doing the best and making the best legislation that we possibly can.

On the topic of voluntary renunciation of citizenship in New Zealand, I think the case has already been made very clear, and I don't believe we need further study on this topic, Madam Chair. That's why I don't believe that we need further time to study BillC-425. This is yet another reason that we don't need further time to study this bill, another reason why we don't need to extend the study period for another 30 days, and another reason why I will not be supporting this motion that is before us today, Madam Chair.

Because my colleague wanted to hear about our countries, I'll speak of the deprivation of citizenship in New Zealand—I'm still speaking about New Zealand—particularly to demonstrate to you that it has actually been made clear already, by the witnesses who have already appeared before the committee, so we don't need further extension of time again.

In New Zealand, once again, section 16 of the Citizenship Act reads that:

...the Minister may, by order, deprive a person of his New Zealand citizenship if he is satisfied that the person has, while a New Zealand citizen and while of or over the age of 18 years and of full capacity,—

(a) acquired the nationality or citizenship of another country by any voluntary and formal act, and acted in a manner that is contrary to the interests of New Zealand; or

(b) voluntarily exercised any of the privileges or performed any of the duties of another nationality or citizenship possessed by him in a manner that is contrary to the interests of New Zealand.

So here we know, it's clear. It has been presented to us by witnesses to this committee, that there are ways in the New Zealand Citizenship Act to deprive a New Zealand citizen of their citizenship if they have citizenship of another country and they have done something contrary to the act, to the interests of New Zealand. So we know that's there already.

They were one of the countries that made a declaration when they signed the convention. Under article 8 of the convention, and that, of course, is the 1961 Convention on the Reduction of Statelessness. New Zealand made a declaration, and their declaration reads as such:

...in accordance with paragraph 3 of article 8 of the Convention New Zealand retains the right to deprive a person of his New Zealand citizenship on the following grounds, being grounds existing in New Zealand law at the present time: the person has, while a New Zealand citizen and while of—

I don't want to read it again because it's the same piece of the New Zealand Citizenship Act of 1977. That doesn't make any sense because 1977 is the newer version. So let me read what they actually wrote in the declaration:

...the person has, while a New Zealand citizen and while of or over the age of 18 years and of full capacity,

(a) Acquired the nationality or citizenship of another country by any voluntary and formal act, and acted in a manner that is contrary to the interests of New Zealand; or

(b) Voluntarily exercised any of the privileges or performed any of the duties of another nationality or citizenship possessed by him in a manner that is contrary to the interests of New Zealand.

Truthfully, with regard to the New Zealand law, when they wrote the declaration under article 8 of the convention, this article is actually the same. It is what I mentioned earlier. They ensured that a New Zealand citizen wouldn't become stateless, when they signed the declaration. When they were signatories to the declaration, they made sure people wouldn't become stateless. That's pretty clear from this testimony. I have further testimony that I can provide to you, Madam Chair.

We have already heard enough from the witnesses. We don't need to extend the study for another 30 days to hear more of the same testimony from witnesses saying, “We, in Canada, will be creating a situation of statelessness. Oh look, New Zealand has ensured that they have created safeguard mechanisms, and we should make sure we have safeguards.”

We already know this, Madam Chair. We don't need to study Bill C-425 for another 30 days. We don't need that. This New Zealand case proved that to us.

I'll continue, Madam Chair. Let's talk about Australia and how the evidence already shows what we have heard about Australia—another country we like to compare ourselves to. The pieces I will be quoting are from the Australian Citizenship Act 2007. Once again, Madam Chair, I will be breaking it down into the voluntary renunciation and then the deprivation of citizenship.

Let's look at the voluntary renunciation in Australia. Subsection 33(1) reads, “A person may make an application to the Minister to renounce the person's Australian citizenship.” Of course, this renunciation is only through application—the formal procedure that Australia has set up. The person can make an application using a specific form to renounce their citizenship. I don't want to go through the exact details. Neither you nor the members of the committee need to hear me go through the exact details of that legislation.

I would like to move a motion, if I may, Madam Chair.

At this point I move that the committee do now adjourn.

June 13th, 2013 / 4:50 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

You'd like me to. Okay then, I will. There are so many examples that have already been put forward before our committee, and I can give you all those examples, Madam Chair.

If we're going to look at countries and examples, maybe I should...let's look at the United Kingdom.

In the British Nationality Act of 1981, and the Immigration, Asylum, and Nationality Act, 2006, which is where some of these citations are coming from for anybody who's following, for their edification and ability to follow. On the topic of renunciation of citizenship, renunciation being, of course, voluntary relinquishment, it reads in article 12(1):

If any British citizen of full age and capacity makes in the prescribed manner a declaration of renunciation of British citizenship, then, subject to subsections (3) and (4), the Secretary of State shall cause the declaration to be registered.

That's somebody volunteering to give up their citizenship.

Another example is in article 12(2):

On the registration of a declaration made in pursuance of this section the person who made it shall cease to be a British citizen.

The secretary of state declares it registered and then accepts that renunciation. The prescribed manner consists of completing a declaration form, which will be registered by the home secretary and renunciation is only through that application process.

So in the U.K. it's a formal application process. Once a person has voluntarily requested to relinquish their citizenship and put in their application, the Secretary of State will accept it and register it, and then they lose their British citizenship because they chose to. Of their own volition, they are losing their citizenship.

However, the safeguard in the British legislation that prevents statelessness is subsection 12(3), which reads:

A declaration made by a person in pursuance of this section shall not be registered unless the Secretary of State is satisfied that the person who made it will after the registration have or acquire some citizenship or nationality other than British citizenship; and if that person does not have any such citizenship or nationality on the date of registration and does not acquire some such citizenship or nationality within six months from that date, he shall be, and be deemed to have remained, a British citizen notwithstanding the registration.

So their legislation ensures there are safeguards in the legislation to prevent people from becoming stateless, and Bill C-425 will do the opposite. That's what our witnesses have already demonstrated to us in the committee, so we don't need to discuss this further. We don't need this extra 30 days of discussion and study and debate on this bill, because this has already been made clear to the committee members.

Of course, because my honourable colleague wanted to learn more about what's happening with immigration in the UK legal system, I'll continue. With respect to wartime measures, subsection 12(4) continues and says:

The Secretary of State may withhold registration of any declaration made in pursuance of this section if it is made during any war in which Her Majesty may be engaged in right of Her Majesty's government in the United Kingdom.

This makes sense because you don't want people to say they're not British citizens anymore just because they don't want to fight in a war. So that was a nice protection measure for the United Kingdom to ensure that people aren't just upping and leaving because they don't want to participate in a war.

So far I've only been talking about the subject of statelessness with respect to the presentation made to us by the UNHCR, and with respect to the United Kingdom and the topic of deprivation of citizenship. We just spoke of renunciation and how renunciation can be stopped by the safeguard against statelessness, or in view of wartime measures, but the deprivation of citizenship is what is being presented to us in Bill C-425. Let's look at some of the parallels with the U.K. system.

In subsection 40(2) of the British Nationality Act, on the topic of deprivation of citizenship, it reads, and I'm not reading all of it, just part of it:

The Secretary of State may by order deprive a person of a citizenship status if the Secretary of State is satisfied that deprivation is conducive to the public good.

The safeguard against statelessness there is subsection 40(4), which says:

The Secretary of State may not make an order under subsection (2) if he is satisfied that the order would make a person stateless.

Even in the case of depriving somebody of their citizenship because the deprivation is conducive to the public good in the U.K., they ensure that a person will not be made stateless. This was already articulated to us in committee.

Canada right now is a signatory to the 1961 Convention on the Reduction of Statelessness. Our laws right now don't create a situation of statelessness for people. It would be we, as parliamentarians, who are required to do the due diligence and it would be our responsibility, in breach of our fiduciary duty to our constituents and Canadians as a whole, if we were to create a situation where we were in contravention of the convention to which we are signatories.

This has been made clear to us by witnesses in the last 60 days' study period that we've had on Bill C-425. This is why we don't need another 30 days of study time of this bill in committee. We have studied this bill thoroughly and we've heard many examples of why we have studied this bill thoroughly already and why we don't need to continue the debate and the study of this Bill C-425 in committee.

I'll continue because I know my colleague wanted to hear of the other countries that we generally like to compare ourselves to. I've only spoken to you so far about one, so I still have New Zealand, Australia, and the United States to get through as well to show how those countries are ensuring that people are not becoming stateless persons and how we need to make sure as Canadians that we are not going to create stateless people in our country.

Let's look at the case of New Zealand. With respect to New Zealand, I will be quoting you pieces from the New Zealand Citizenship Act 1977. Madam Chair, I will adopt the same style and speak of the renunciation of citizenship and how statelessness is being guarded against. Then I will speak of the deprivation of citizenship and how statelessness is being guarded against there.

June 13th, 2013 / 4:45 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Exactly. They don't have the passport of their country of birth.

I use one country as an example, but we know there's a plethora of countries that are in a state of conflict, whether it's armed or not, though armed conflict is usually what leads to many people fleeing a country and seeking asylum in another. So Canada would create a state of statelessness for these people and that is, of course, in contravention of the Convention on the Reduction of Statelessness to which we are signatories. We can't let this happen, Madam Chair.

This was discussed very much. Many of our witnesses who came before the committee during the time we've had to study this bill spoke about this.

I will continue to explain a little more on this same topic of statelessness, Madam Chair, and prove to you, show to you, demonstrate to you, that these topics have been discussed in committee and that witnesses have provided their testimony, and this is why we don't need another 30 days of study on this bill, because the same topics are going to come up again and again in committee when the witnesses appear. If we do grant another 30 days, then these same issues are going to come up. That's why, Madam Chair, we don't need another 30 days of study time on this bill.

Let's look at New Zealand's case. We like to compare ourselves to these countries all the time, so I'll do that here as well.

New Zealand entered a declaration in their legislation itself. They entered a declaration under article 8.3 of the convention at the time of a session pertaining to the right to deprive an individual of New Zealand citizenship when the person acquires nationality or citizenship of another country, or performs duties of another nationality or citizenship that may act in a manner that is contrary to the interests of New Zealand.

The Government of the United Kingdom declared, in accordance with article 8.3—the same article in the convention when they signed it—that the U.K., and I'll read so it's clearer, “...retains the right to deprive a naturalised person of his nationality...inconsistently with his duty of loyalty to Her Britannic Majesty, the person....” I don't want to read all of it.

Nevertheless, when the United Kingdom and New Zealand signed the 1961 Convention on the Reduction of Statelessness, they maintained some ability to continue their practice of being able to deprive individuals of their New Zealand or United Kingdom citizenship for naturalized citizens. What's a little odd is that they actually don't mention anything about citizens of those countries who are born.... Those countries have a two-tiered citizenship system is what I'm learning from this.

Canadian citizenship is valued so much, by my family anyway. I can only speak of my personal experience, and I can speak of the experiences of other constituents who have spoken to me. Every few months, Madam Chair, I have a gathering of new citizens and we share what it means to be Canadian and why they chose to become a Canadian citizen. Time and again it's on the faces of my constituents, who simply light up and want to talk about their Canadian citizenship, because they're so proud. They're so proud that they were able to leave whatever situation they were in and become Canadian, because Canada is a country that treats everyone equally, that treats everyone equitably. People say they know that when they become Canadian citizens....

I vividly remember what one little girl told me. I think she was about nine years old. She said, “When I become a Canadian citizen, it means that I get to go to school. It means that I get treated the same as the boys. It means that I can become a doctor when I grow up.” For her, it meant that she was going to have opportunity, that she was going to be treated as equal to every other Canadian, every other person who is a Canadian citizen. She would have that same treatment.

We don't want to get to a point where we are creating two, three, four tiers of citizenship in this country, Madam Chair. Right now, we have one Canadian citizenship and it is that you are a Canadian citizen. That's it.

Madam Chair, what comes to mind again is something that you hammered home to all of us. You're either a citizen or you're not a citizen. It's like being pregnant or being not pregnant. There's no opportunity to be half-pregnant. If there's a fetus in you, then you're pregnant. There's no, it's a fetus of two months, so it's a half-pregnancy. The gestational period is generally nine months. A fetus of four-and-a-half months is not a half-pregnancy. There's no such thing.

You had very clearly articulated that you're either a citizen or you're not a citizen, and that once you become a citizen you are a citizen. There are no levels to that citizenship. That's the beauty of Canadian citizenship.

The UNHCR representative's report to us mentioned that other countries have made sure that they're able to have those multiple tiers of citizenship, but Canada doesn't have that. We don't want to go there, and we've discussed this in our committee. We've heard evidence on this. That's why, Madam Chair, I think that we've had enough discussion on this in our committee. I'll continue to provide evidence that we've had enough discussion on Bill C-425 in our committee and that we don't need to have another 30 days of discussion on this same bill, because we've had much debate. I will continue to give you examples of the debate that we have had in our committee to clearly demonstrate to you and all of the members of this committee that we don't need another 30 days of study on this bill. We just don't.

Let me continue. I almost want to continue with statelessness. I could go into each country's example, but I won't do that right now.

June 13th, 2013 / 4:35 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Thank you, Madam Chair. I'll try to remember not to apologize for actually wanting to participate in the debate and to explain why I am not going to be supporting this motion that's before us to extend the time of debate on Bill C-425 here in our committee.

The topic I'd like to discuss now, Madam Chair, is the fact that Bill C-425 before it was amended—this bill as it is—would actually create people who become stateless. We heard from many witnesses. I'd like to first discuss what we've heard from the UNHCR. I have high respect for the United Nations and I thank them for coming to help us in our deliberations and study of this bill. I'm going to read to you from the actual bill. It says that there is a deemed application for renunciation of Canadian citizenship where that citizen engages in an act of war against the Canadian Armed Forces and that same citizen is also a citizen or legal resident in a country other than Canada.

That's clause 2 regarding proposed subsection 9(1.1) of the Citizenship Act. I had already touched on, but didn't speak in depth, the fact that “act of war” is not defined in our laws so we don't know what that means. Legal experts who came in front of this committee don't know what that means. I did touch on that, so I don't want to go into it right now. Possibly later I might want to come back to the act of war topic, Madam Chair.

We've learned that there are two ways of losing citizenship. One is voluntary revocation, voluntarily relinquishing one's citizenship, and the other is having it revoked or taken away from you by the state that gave it to you. We're not talking about voluntary relinquishment of citizenship here when it says that there is deemed to be application for renunciation of Canadian citizenship.

I want to make sure I read the words correctly so that I don't get interrupted again, Madam Chair.

In this case what we learned from the representative of the United Nations High Commissioner for Refugees was that renunciation is the voluntary act of relinquishing one's citizenship or nationality while deprivation is carried out by the authorities of the state. So those are the terms I'll use to go back and forth: renunciation of citizenship and deprivation or revocation.

I'd like to look at the countries that we generally compare ourselves to. When we do many of our studies we like to compare our laws to those of the United Kingdom, New Zealand, and Australia, and sometimes also the U.S.A. because the United States is our next-door neighbour and is very similar to us with respect to also being an OECD country and being the global north in the western hemisphere.

The UNHCR had mentioned that the renunciation of nationality or citizenship in the United Kingdom, New Zealand, and Australia is carried out through the initiation of a formal procedure by the individual wishing to renounce their citizenship. In the case of the U.S.A., six of the seven methods of renouncing citizenship require that very similar filling out of a formal procedure along with an application to the court.

Also, they mentioned that in the U.S., if you serve in the armed forces of a foreign state that's engaged in a conflict against the U.S, then you are deemed to have renounced your citizenship.

They also helped us understand what deprivation of citizenship is, and that deprivation of citizenship is possible in the United Kingdom, New Zealand, and Australia. This concept is possible in these three countries we compare ourselves to.

In the United States of America, Congress has no power under the U.S. Constitution to revoke a person's U.S. citizenship, unless of course that person voluntarily relinquishes it. When we speak of the forced deprivation of somebody's citizenship or nationality, the U.S. Congress does not have that power under the U.S. Constitution.

We have seen this happen in Canada, so we know that in Canada, the minister.... I mentioned very briefly the increased discretion for the minister in this bill and how much we've spoken about that. That will be another reason, Madam Chair, that I will not be supporting the motion before us to extend the debate on Bill C-425. I do believe those topics have been studied sufficiently in this committee. I'll make that very clear later on in my speech. I think ministerial discretion is number seven or eight on my list of items I'd like to go through. I'm on number two right now, Madam Chair.

Once again, coming back to the concept of statelessness and looking at the three countries we are talking about, the United Kingdom, New Zealand, and Australia, all of them contain provisions within their nationality law that provide—I'm going to read this really slowly—“One of the most important safeguards against statelessness is that...”.

Of course, all three of those countries are signatories or parties to the 1961 Convention on the Reduction of Statelessness. Of course, I should point out here, Madam Chair, that Canada is also a signatory to that convention..

This convention provides an international framework to ensure the right of every person to a nationality by establishing safeguards to prevent statelessness, whether it's at birth or later in life. What we've learned will happen and what we've debated in committee already in the 60 days that were allotted, is this bill would create a state of being stateless later in life for Canadian citizens. If they are citizens of another country, then Canada would deprive them of their citizenship. If their citizenship in another country is not recognized by that state because of that conflict or whatever it might be....

A great example is that many people I have spoken to in Scarborough—Rouge River have fled instances of conflict, have come to Canada as asylum seekers or as refugee claimants, and have lived as refugees or permanent residents, and then have moved on to become Canadian citizens. They're from the country I was born in, Sri Lanka. People who have left the country and have been active and have spoken out loudly, or who have spoken out about the state-sanctioned human rights violations in that country, generally there have been examples where their passports have been taken away because it's been said they are not a true national. They've conducted or said things that are contrary to the state, and so they can't travel or be recognized as a national.

According to Canada, one would think they still have their citizenship from that country, and if Canada were to revoke their Canadian citizenship for any reason, the person would be left in limbo because they've now lost their Canadian passport—

June 13th, 2013 / 4:15 p.m.
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NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Thank you, Madam Chair, yet once again for passing the floor back to me.

I believe, from our experience over the last 60 days, that the consideration of Bill C-425 at our citizenship and immigration committee was thorough and that it does not need further study, Madam Chair. I'd like to identify some of the reasons why I believe that the study was thorough and that we do not need further study.

I was at the point of speaking of pathways to integration, because the presenting member, Mr. Shory, had mentioned in his remarks to us as the committee that his goal through this bill was to increase pathways to integration for newer immigrants and permanent residents. However, many problems were identified with this, and these are reasons why I believe the discussions we've had are sufficient.

I'll tell you some of what our discussions were, Madam Chair.

I already spoke about the fact that only citizens can qualify for recruitment. I don't want to go back into that, Madam Chair, but what I do want to move on to is how a permanent resident can actually be recruited. When we had members of the armed forces present to us, they did say it does happen in an extremely rare number of cases.

I might say the name wrong, but Professor Grazia Scoppio said:

In order to be eligible for enrolment in the Canadian Forces as an officer or non-commissioned member, a person must: (a) be a Canadian citizen...

—I'm not going to read the entire quote, but she said that they must be Canadian citizens—

...except that the Chief of the Defence Staff or such officer as he may designate may authorize the enrolment of a citizen of another country if he is satisfied that a special need exists and that the national interest will not be prejudiced thereby.

When she presented this testimony to us, she explained to us how citizens foreign nationals, citizens of another country, can actually serve with the Canadian Armed Forces, wearing the red maple leaf on their uniform, though they don't have Canadian citizenship. I felt that this was important for us because in the deliberation of the bill, the presenter himself said that one of the very important pieces of the private member's bill that he was putting forward was to increase recruitment of permanent residents. But we heard, and it was very clear, that there aren't very many permanent residents who are recruited, and there's only one way that it can be done, and that's through the Chief of the Defence Staff.

On this point, Madam Chair, I think it's very clear that the discussion we had already in the committee was sufficient and that we don't need to continue the discussion on this point. That's another reason that we don't need to extend the study period of this bill in committee and, once again, the reason I will not be supporting this motion moving forward.

Another item, Madam Chair, is that members of the committee were concerned whether this measure in Bill C-425, as it was presented to us, would have a real effect on the people it's actually targeting, given the backlog that already exists with Canadian citizenship. We know that wait times for Canadian citizenship are extremely long.

Constituents in Scarborough—Rouge River have contacted me time and again, through Twitter, Facebook, writing me an e-mail, coming into the office, calling me, responding to mail-outs, whatever it might be, or just speaking to me at the grocery store.By whatever method it might be, many residents of Scarborough—Rouge River have spoken to me about their difficulties with the length of time it takes to go through the residency questionnaire and then, after completing the residency questionnaire requirements, how long it takes while they're waiting for their citizenship. The citizenship application process is such a lengthy process. It's not that you just come here and are a permanent resident for three years and then qualify to apply and there is a quick and dirty application and you're done, and then there's the test, of course. This is not the case anymore.

When I became a Canadian citizen, I didn't have to take the test, because I was a child. Because my mother took the test, my young sisters and I were part of the group with her, so I didn't have the same experience that new Canadians have today. But we know that becoming a Canadian citizen means a lot to many people.

Considering the extremely long wait times to become a Canadian citizen, we asked experts whether Bill C-425 was going to achieve the results the member was trying to achieve and would actually reach the targeted groups.

Once again we heard from the professor, who said that the intended outcome was quite unclear. If the intent is simply to expedite the citizenship process for a few select immigrants who happen to have the unique skills to fulfill a special need of the Canadian Forces, then the bill if passed would be accomplishing this outcome and would have a small-scale impact. If, however, the intent is to open the doors of the Canadian Forces to greater numbers of qualified landed immigrants with permanent residency in order to provide—and the professor quoted Mr. Shory, the sponsor of the bill—“new Canadians with more pathways to integration”, as Mr. Shory mentioned, this bill would actually not accomplish that broader outcome.

Looking at the amendments that the government has already put forward and looking at this testimony provides another reason that I will not be supporting the motion that is before us today, Madam Chair.

I want to also tell you some of what one of the colonels who spoke to us mentioned. When we spoke to the colonel, we spoke about the air force and becoming a pilot, and he mentioned that many people want—everybody wants—to become a pilot. You yourself, Madam Chair, mentioned earlier in the debate on this specific motion your wish to join the armed forces and what your experiences were like in that regard. I have also had the wish to become a pilot. What the colonel said is very true; this is a wish that many people have. He said it seems that in the Canadian population everybody wants to fly. He mentioned an airplane, but I think many people just want to soar also.

That said, there are some very severe selection criteria that might prevent many people from joining the forces even if they have their permanent residency. Another factor that he mentioned is that the training is actually very long and demanding.

If the goal of this bill was to reduce the wait time for applying for citizenship from three years down to one year, the colonel mentioned that the training is so long for somebody before they can serve that they won't actually be reducing to that one-year time, because they won't be serving by the time the two-year period has lapsed. They would just qualify under the regular citizenship process and wouldn't really need to have their application expedited, because they already would have met the three-year requirement.

Once again, that is another reason that I will not be supporting this motion to extend the debate here on Bill C-425, Madam Chair.

He went on and spoke of examples of pilots from the U.K. and noted that we have some of them. I have a friend who is a major in our air force—

June 13th, 2013 / 4:05 p.m.
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NDP

The Vice-Chair (Ms. Jinny Jogindera Sims) NDP Jinny Sims

You would like to hear it so I will read it out again:Pursuant to Standing Order 97.1(1), your Committee is requesting an extension of thirty sitting days to consider Bill C-425, An Act to amend the CItizenship Act (honouring the Canadian Armed Forces), referred to the Committee on Wednesday, February 27, 2013.

This motion does not say it's a discussion of an extension about nothing. This motion is seeking an extension of 30 days on Bill C-425 which amends the Citizenship Act. Therefore, the chair has urged, and will keep urging members that when they speak to this it should relate to the extension of 30 days for this particular act. The content of your comments has to relate to the act. That's how you will justify whether it goes forward. And whether you're going to speak one way or the other, it could also be related to process.

If the purpose of this motion were a simple yes or no, we would not be here to debate it. I want to remind my colleagues that we have been debating this since 8:45 on Tuesday morning, in one form or another. I find it interesting, and I must admit that as chair I'm perturbed by this as well. This particular member has shared with this committee, in an open meeting, about the kind of discomfort she has felt at the committee, the kind of targeting, I would say, that she has felt at the committee.

I'm finding it really unfortunate that not one of these points of order has related to relevancy. I have not found anything so far with the previous speakers that has been relevant.

I would urge colleagues on all sides to remember to be respectful, to have decorum. We've had a lot of emotion at this meeting. We've actually had a member who has had to leave another meeting in tears. I don't want to go through that. I'm telling you that as long as I'm in this chair, that is not going to happen. I would remind everybody that we are here to deal with this motion, but it does not mean you only get to say yes or no. I would ask that you be relevant and discuss the issue. If you meander too far, this chair will pull you back to the motion.

Thank you.

Mr. Morin, is it a new point of order?

June 13th, 2013 / 3:40 p.m.
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NDP

The Vice-Chair (Ms. Jinny Jogindera Sims) NDP Jinny Sims

The chair would remind Mr. Dykstra that this is not a point of order.

There has been some question as to what's being debated on the floor. To add clarity for everybody who is at the meeting, I am going to read the motion. I'm going to ask everybody to keep that in mind when they speak and when they bring up their points of order. The motion reads:

Pursuant to Standing Order 97.1(1), your Committee is requesting an extension of thirty sitting days to consider Bill C-425, An Act to amend the Citizenship Act (honouring the Canadian Armed Forces), referred to the Committee on Wednesday, February 27, 2013.

That is what we are here to debate. There were different pathways that this could have taken. This is the one we are here to debate. When people are debating, as goes the experience of this committee ever since I've been here and it was ruled on by the regular chair, when somebody is speaking on an issue, they must be able to link back the comments they make to the motion that's there. In other words, they can't go off on an isolated topic.

June 13th, 2013 / 3:15 p.m.
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Conservative

Michelle Rempel Conservative Calgary Centre-North, AB

Thank you. It's always a pleasure to work with you.

Madam Chair, page 1049 of Bosc and O'Brien states:

In addition, the Chair may, at his or her discretion, interrupt a member whose observations and questions are repetitive or are unrelated to the matter before the committee.

I appreciate my colleague's comments, but the motion is pursuant to Standing Order 97.1 (1), and the committee is requesting an extension of 30 sitting days to consider Bill C-425. The argument I believe my colleague opposite is making is that an extension would be relevant in order to see further debate of the content.

I therefore challenge the relevancy of her claim and would challenge you to ask her to move to her next topic or close her debate.

Citizenship and ImmigrationOral Questions

June 13th, 2013 / 2:55 p.m.
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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Citizenship

Mr. Speaker, I commend the member for Calgary Northeast for his bill that would strip citizenship from convicted terrorists and traitors.

Eighty percent of Canadians agree that if someone violently demonstrates their disloyalty to Canada by committing a serious act of terrorism, this should be understood as a renunciation of their loyalty to Canada and their citizenship.

Only 6% of Canadians strongly disagree with that proposition. Regrettably, that includes 100% of the NDP caucus who are leading a bizarre filibuster against Bill C-425 at the immigration committee. We call on them to listen to Canadians, let the bill go to a vote so there are consequences—