Strengthening Canadian Citizenship Act

An Act to amend the Citizenship Act and to make consequential amendments to other Acts

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

Sponsor

Chris Alexander  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.
Amendments to the eligibility requirements include
(a) clarifying the meaning of being resident in Canada;
(b) modifying the period during which a permanent resident must reside in Canada before they may apply for citizenship;
(c) expediting access to citizenship for persons who are serving in, or have served in, the Canadian Armed Forces;
(d) requiring that an applicant for citizenship demonstrate, in one of Canada’s official languages, knowledge of Canada and of the responsibilities and privileges of citizenship;
(e) specifying the age as of which an applicant for citizenship must demonstrate the knowledge referred to in paragraph (d) and must demonstrate an adequate knowledge of one of Canada’s official languages;
(f) requiring that an applicant meet any applicable requirement under the Income Tax Act to file a return of income;
(g) conferring citizenship on certain individuals and their descendants who may not have acquired citizenship under prior legislation;
(h) extending an exception to the first-generation limit to citizenship by descent to children born to or adopted abroad by parents who were themselves born to or adopted abroad by Crown servants; and
(i) requiring, for a grant of citizenship for an adopted person, that the adoption not have circumvented international adoption law.
Amendments to the security and fraud provisions include
(a) expanding the prohibition against granting citizenship to include persons who are charged outside Canada for an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament or who are serving a sentence outside Canada for such an offence;
(b) expanding the prohibition against granting citizenship to include persons who, while they were permanent residents, engaged in certain actions contrary to the national interest of Canada, and permanently barring those persons from acquiring citizenship;
(c) aligning the grounds related to security and organized criminality on which a person may be denied citizenship with those grounds in the Immigration and Refugee Protection Act and extending the period during which a person is barred from acquiring citizenship on that basis;
(d) expanding the prohibition against granting citizenship to include persons who, in the course of their application, misrepresent material facts and prohibiting new applications by those persons for a specified period;
(e) increasing the period during which a person is barred from applying for citizenship after having been convicted of certain offences;
(f) increasing the maximum penalties for offences related to citizenship, including fraud and trafficking in documents of citizenship;
(g) providing for the regulation of citizenship consultants;
(h) establishing a hybrid model for revoking a person’s citizenship in which the Minister will decide the majority of cases and the Federal Court will decide the cases related to inadmissibility based on security grounds, on grounds of violating human or international rights or on grounds of organized criminality;
(i) increasing the period during which a person is barred from applying for citizenship after their citizenship has been revoked;
(j) providing for the revocation of citizenship of dual citizens who, while they were Canadian citizens, engaged in certain actions contrary to the national interest of Canada, and permanently barring these individuals from reacquiring citizenship; and
(k) authorizing regulations to be made respecting the disclosure of information.
Amendments to the provisions governing the processing of applications and the review of decisions include
(a) requiring that an application must be complete to be accepted for processing;
(b) expanding the grounds and period for the suspension of applications and providing for the circumstances in which applications may be treated as abandoned;
(c) limiting the role of citizenship judges in the decision-making process, subject to the Minister periodically exercising his or her power to continue the period of application of that limitation;
(d) giving the Minister the power to make regulations concerning the making and processing of applications;
(e) providing for the judicial review of any matter under the Act and permitting, in certain circumstances, further appeals to the Federal Court of Appeal; and
(f) transferring to the Minister the discretionary power to grant citizenship in special cases.
Finally, the enactment makes consequential amendments to the Federal Courts Act and the Immigration and Refugee Protection Act.

Elsewhere

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

Votes

June 16, 2014 Passed That the Bill be now read a third time and do pass.
June 10, 2014 Passed That Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
June 10, 2014 Failed That Bill C-24 be amended by deleting Clause 1.
June 9, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than five further hours shall be allotted to the consideration at report stage of the Bill and five hours shall be allotted to the consideration at third reading stage of the said Bill; and that, at the expiry of the five hours provided for the consideration at report stage and the five hours provided for the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the said stages of the Bill then under consideration shall be put forthwith and successively, without further debate or amendment.
May 29, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.
May 29, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, because it: ( a) does not provide an adequate solution for reducing citizenship application processing times, which have been steadily increasing; ( b) puts significant new powers in the hands of the Minister that will allow this government to politicize the granting of Canadian citizenship; ( c) gives the Minister the power to revoke citizenship, which will deny some Canadians access to a fair trial in Canada and will raise serious questions since Canadian law already includes mechanisms to punish those who engage in unlawful acts; and ( d) includes a declaration of intent to reside provision, which in fact gives officials the power to speculate on the intent of a citizenship applicant and then potentially deny citizenship based on this conjecture.”.
May 28, 2014 Passed That, in relation to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Citizenship ActGovernment Orders

March 9th, 2016 / 5 p.m.


See context

NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, Bill C-6 is an act that would amend the Conservatives' Bill C-24, the so-called strengthening Canadian Citizenship Act. To put Bill C-6 in context, we must first examine the content of Bill C-24.

During the 41st Parliament, the Conservatives made significant changes to the Citizenship Act under Bill C-24. Effectively, the Conservatives' Bill C-24 created two classes of citizens in which Canadians with dual citizenship were treated as second-class citizens. Many experts repeatedly pointed out that the bill was likely unconstitutional and did not respect international law.

The NDP opposed Bill C-24 from the beginning and at second reading, the NDP called on the Conservatives to withdraw the bill. The Conservatives refused and, despite our opposition, rammed Bill C-24 through without amendment. Then, in June 2014, Bill C-24 received royal assent. Since then, the NDP has been asking for the bill to be repealed.

As it happens, during the election campaign, the Prime Minister made the promise, particularly in the Chinese media, that he would repeal Bill C-24 if he formed government. Well, as members may have guessed, Bill C-6 does not repeal Bill C-24 in its entirety.

The NDP is disappointed that the Prime Minister is failing to deliver on his promise to repeal Bill C-24, but we welcome the provisions of Bill C-6.

Worth mentioning are the following amendments: removing the ability to revoke citizenship on national interest grounds; removing the obligation for a new citizen to declare intent to reside in Canada; restoring the length of time a permanent resident must actually be present in Canada to qualify for citizenship to three years, which is 1,095 days over the last five years; restoring the right to count two years of temporary residence toward the required presence in Canada; eliminating the requirement that an applicant must have been present in Canada for 183 days in four out of the six years; and removing the requirement for the language and knowledge examinations to permanent residents aged 14 to 17 and 55 to 64.

The NDP supports these provisions. First and foremost, we fundamentally believe that all Canadians should be treated equally under the law.

The Conservatives' Bill C-24 created two classes of citizens, some with more rights than others. Disproportionately, immigrants to Canada, their children and grandchildren, and those with dual or multiple citizenships are deemed to have less rights than those who were born in Canada.

If a Canadian is charged with a criminal offence, let him or her be brought in front of the Canadian judicial system and be tried fairly, independently, and equally under the Canadian judicial system. If found guilty, let him or her be sentenced under the same principles of fairness, independence, and equality.

The Canadian Bar Association, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees, the B.C. Civil Liberties Association, and many respected academics all said that the former Bill C-24 was likely unconstitutional and did not respect international law. In fact, there was already a court challenge on Bill C-24. Josh Paterson, the executive director of the B.C. Civil Liberties Association, said:

All Canadian citizens used to have the same citizenship rights, no matter what their origins. We were all equal under the law. Now this new law has divided us into classes of citizens—those who can lose their citizenship, and those who can’t. Bill C-24 is anti-immigrant, anti-Canadian, and anti-democratic. It undermines – quite literally – what it means to be Canadian.

I am glad that Bill C-6 addresses this concern and this concern will be no more after the passage of Bill C-6.

Building from that basic fundamental principle, repealing the intent to reside provision of Bill C-24 is also a step in the right direction. The freedom of mobility, including the ability to leave the country, is very clearly enshrined in section 6 of the Charter of Rights and Freedoms.

The intent to reside provision in Bill C-24 was vague, difficult to prove, confusing for citizenship applicants, and ignored the changing realities of people. Somone can intend to reside, but life circumstances, such as a relative in another country becoming severely ill could interrupt that intention.

Work obligations could also alter that intention. In fact, during the campaign, I came across someone who has dual citizenship in the United States. As it happens, she is in the film industry. She travels a lot with her work. Sometimes she is away for a week. Other times, she may be away for a year or more. There is no telling. It is all subject to her work.

With Bill C-24, she was concerned that her intent to reside in Canada could be challenged and that she might lose her citizenship. This is just plain wrong. I am glad that Bill C-6 addresses this concern.

The Conservative Bill C-24 also made the pathway to citizenship for immigrants harder, longer, and frankly with other measures, more expensive to obtain. Accessibility to citizenship is the ultimate pathway to a person's right to fully participate in a democratic society. The cornerstone of a democracy is imbedded in having the right to vote. Creating additional barriers to access this citizenship only serves to undermine our democratic institution.

To that end, the NDP also supports the measure in Bill C-6 that returns physical presence requirements to what they were prior to Bill C-24, allowing time in Canada prior to obtaining permanent residence to partially count toward the physical presence requirement.

As I previously mentioned, there is a countless number of legitimate situations that would require a permanent resident or citizen to leave the country for an extended period of time. Restoring the old physical presence requirements is a step in the right direction, as is giving at least partial credit for the time spent in this country before obtaining permanent residence.

Immigration, Refugees and Citizenship Canada, IRCC, officials take their work seriously and work judiciously to ensure that every permanent resident meets the requirements to become a new Canadian.

The Conservative former Bill C-24 was brought in under the pretext that the provisions within the bill strengthened the meaning of being a Canadian, when in fact I would argue it served to undermine many of our strongly held Canadian values and principles.

As stated by Mitch Goldberg, president of the Canadian Association of Refugee Lawyers, “Instead of welcoming new Canadians, the new Citizenship Act discriminates against them”.

Bill C-6 would rectify this, and the NDP welcomes the amendments proposed under Bill C-6.

With that being said, I would be remiss if I did not turn my attention to what is missing in Bill C-6 as well. First, on the right to judicial review before losing citizenship, I was glad to hear the minister reference this, and his willingness to entertain amendments.

Prior to Bill C-24, individuals who were accused of fraud and risked having their citizenship revoked could request a hearing before a Federal Court judge who would review the minister's evidence. A final decision would then be made by the Governor in Council.

Bill C-24 allowed the minister to make a decision based on a review of paperwork with no right to a judicial hearing. The NDP believes that a citizen facing revocation should always have the right to a hearing before an independent and impartial decision-maker.

Under Bill C-6, which was tabled, we believe that the Liberals agree with that as well. In fact, the Liberals tabled an amendment to Bill C-24, which would provide the right to a full appeal to the Federal Court in the case of citizenship revocation proceedings. In support of the amendment, a Liberal member stated quite clearly that Canadians deserve the right to appeal with regard to citizenship.

However, today the Liberal Bill C-6 does not deliver on that sentiment. The Liberals' failure to address this feature of Bill C-24 means, I am afraid, that there may still be a constitutional challenge of the Citizenship Act, which would be viable.

Second, on the issue regarding people charged with a criminal offence abroad, Bill C-6 does not amend the provision that prohibits granting citizenship to anyone charged with or serving a sentence for a criminal offence abroad. This broad measure fails to account for countries dealing with corruption within government and the judicial system, as well as governments engaging in political prosecution.

The Canadian Bar Association and others have further argued that this prohibition was far too broad and created significant inequalities between applicants, depending on their country of origin.

Additionally, the Canadian Bar Association has suggested that these cases are best dealt with by the Immigration and Refugee Protection Act and the Immigration and Refugee Board, where cases can be determined upon their individual merits, and the NDP agrees with the recommendation of the Canadian Bar Association.

Third is discretionary citizenships granted by the minister. Bill C-6 would not require the minister to disclose cases where citizenship is granted for discretionary reasons, the frequency of citizenships granted, or the reasons for granting citizenship at all.

We want to ensure that privacy rights are respected, and we should work within those boundaries. However, it is problematic to not make information available, because it speaks to the lack of transparency. Given the recent example we have seen of, I think, the hyperpartisan former minister of citizenship and immigration, under the Conservatives, I think we need more transparency and accountability.

Fourth is the issue of language. While Bill C-6 would revoke the changes made by Bill C-24 by bringing back the language knowledge requirements for applicants aged 18 to 54 instead of 14 to 64, the threshold for language proficiency under Bill C-24 remains.

Under the current system, they must send in results of an accepted third-party test at the equivalent of Canadian language benchmark level 4 or higher in speaking or listening, or provide proof of completion of a secondary or post-secondary program conducted in French or English. If they do not send in documents to prove that they have met this requirement, their application for citizenship will not be accepted.

The higher language requirement does not demonstrate that they are somehow more Canadian.

As well, Bill C-6 would maintain the requirement for citizenship applicants to pass a knowledge test about Canada in one of the two official languages.

Effectively, this would amount to double testing and would not really represent an individual's ability to function and succeed in Canada.

Many immigrants have come to Canada who have not been able to read and write in French or English at the proficiency level that is currently required, but they have worked hard, paid taxes, raised their families, contributed to our society, and become an integral part of our communities.

I can share with members the story of my own family. We all came, and none of us spoke English. To this day, I would say that, if my mother were put to a test such as the one that exists right now, she would likely fail that test. Yet, all of her life since she immigrated here, she worked, first as a farm worker, making $10 a day to support a family of eight. Then she got a minimum-wage job at a restaurant, which she retired from at 65, and she supported her family every single day with those efforts. She spoke minimum English—enough to get by, enough to support her family, enough to vote and understand what voting means and what democracy means.

With that being said, I would argue that the proficiency test is way too high for far too many immigrants, and that must change.

Fifth is the issue of financial barriers. Bill C-6 does not address how much permanent residents should pay for their citizenship applications to be processed by the ministry.

Citizenship processing fees have increased from $100 to $530 since February 2014, under the Conservatives. This is on top of the additional $100 right of citizenship fee. A family of four would have to pay $1,460. That is more than a month's rent for many. A family's bank account should not be the deciding factor on whether or not they can become Canadian citizens.

I really hope that the Liberal government will change this. Access to the pathway to citizenship is critical for all immigrants. Let us make it easier, not harder, to attain.

Bill C-6 would not make access to citizenship financially accessible for many permanent residents and their families. I do hope that the Liberal government acts to reduce the financial barriers along the path to citizenship.

Sixth is ensuring fair processing delays. Under the Conservatives, the processing delays for citizenship applications exploded to 24 months for regular cases and 36 months for non-routine cases.

The Liberals have committed to processing all applications received before April 1, 2015, by March 31, 2016, and to processing new applications within a 12-month period.

However, this one-year delay does not apply to non-routine cases, which are often only called this because a residence questionnaire was issued. This creates an enormous gap of 24 months, perpetrating a two-tier system, and we believe this should be changed as well.

The NDP will continue to push the Liberal government to take these measures and to act urgently on lengthy wait times, huge backlogs, the issue around family reunification for parents and grandparents, and the barriers to citizenship that still remain in place.

New Canadians provide countless benefits to this country every single day. We see many of those Canadians in this very chamber, some elected for the first time. Others are returning members. That is the testimony of who we are, and it speaks about the strength of Canada to harness that. Those rules that create barriers for access to citizenship must be changed.

This deserves a system that recognizes all immigrants for their contributions in making Canada the wonderful country it is. We are built on a multicultural community basis. Let us harness those strengths, eliminate the barriers, and make sure Canada in its process, in its policies, and in its approach is truly Canadian and reflects our multicultural values.

Citizenship ActGovernment Orders

March 9th, 2016 / 4 p.m.


See context

Markham—Thornhill Ontario

Liberal

John McCallum LiberalMinister of Immigration

moved that Bill C-6, an act to amend the Citizenship Act and to make consequential amendments to another Act, be read the second time and referred to a committee.

Mr. Speaker, it is an honour and a pleasure for me to rise to speak to Bill C-6, which is an act to make major amendments to the previous government's Citizenship Act, better known in some circles as the noxious Bill C-24.

We are making these major changes for two general reasons: one, we promised to do that in our election platform and in my mandate letter; and two, the acts that we are carrying out in this new law are consistent with what we promised to do.

From the government's point of view and my point of view, we are doing what we said we would do. What is more important is why we want to do this. On this side, I would say there are two basic principles at stake.

That is unacceptable to us. There should be only one class of Canadians, not two. That is the first principle.

As far as the second principle is concerned, we want to welcome new citizens to Canada. The Conservative legislation put up a number of roadblocks that we believe made it unreasonably harder for permanent residents to become Canadian.

Therefore, there are two points of principle. First, there must be one class of Canadian, not two. Second, we want to welcome new citizens. We believe the Conservatives erected a number of barriers that were unreasonable to the welcoming of new people to become citizens of our country.

Let me go through each of these general areas one at a time.

In the previous Conservative bill, the minister of citizenship and immigration had the authority to revoke an individual citizenship if that person was convicted of a terrorist crime or some other crime. However, and this is a crucial point, the minister only had the power to revoke citizenship if the person involved was a dual citizen, not if the person was a citizen only of Canada. Similarly, the Federal Court had the right to revoke citizenship in other cases, but again only for dual citizens.

This is the nub of the point because once we say we can revoke one type of Canadian citizenship but cannot revoke another, then we have two classes of Canadians. We believe very strongly, and we fought long and hard during the election on this issue, that there is only one class of Canadian, a Canadian is a Canadian is a Canadian. All Canadians are equal and there cannot be two classes of Canadians, which is why we found this law unacceptable and why the new law would revoke that right to revoke citizenship.

We have said it for many months with the conviction of our beliefs, and once the law passes, we can also say it in the spirit of the law. It will say there is only one class of Canadian, not two.

In fact, we believe this so strongly that we are going to reinstate the citizenship of the one individual who had his citizenship revoked for reasons of terrorism. That individual, according to the new law, will have his citizenship reinstated.

It is a point of principle. When we say a Canadian is a Canadian is a Canadian, that includes good and bad Canadians.

The bad Canadians who are convicted for terrorism should go to prison. If there are bad terrorists, they should go to prison for a long time, although it is the judges, not the politicians, who determine the sentences. The place for a terrorist is in prison, not at the airport. It is our strong belief that if a person is sent to prison for terrorism, there should not be two classes of terrorists: those who go to prison and have their citizenship revoked and those who only go to prison. A Canadian is a Canadian is a Canadian, for a terrorist and for others, and therefore in our view we will not have any citizenship revoked for this reason.

I would also make the supplementary argument that to revoke citizenship in this way is to launch oneself on a slippery slope, because the rules might be clear today about for what crime we have citizenship revoked and for what crime do we not, but those laws can change over time. I remember the former prime minister in the election campaign speculating about additional crimes that might be added. Who knows? It might be terrorism one year, and something else—whatever catches the attention of the government of the day—could be added the next year. It is a slippery slope, and one does not know where on that slope one will end up.

The definition of what constitutes dual citizenship is also a slippery slope. I am not a lawyer, but I know legal minds have debated the issue of who is a dual citizen and who is not. Some individuals might be born in Canada, have never been to some second country, but are nevertheless dual citizens of that country because of the laws of that country. Some people have claimed that Jews are dual citizens in a sense, because they have the right to live in Israel. Does that make them dual citizens of Canada and Israel? Under the previous law, that might have been a question that went before the courts.

Our view is that we should just terminate this slippery slope. We should abolish 100% the practice of revoking citizenship for any kind of terrorism or other crime. The debate would therefore be moot. It would not matter who is a dual citizen and who is not, or which crimes are included, because under no circumstances would a person have his or her citizenship revoked for these reasons. These other secondary, slippery-slope arguments would simply not arise.

The last point I would make on this issue is that there is one reason that is still the case for individuals to have their citizenship revoked, and that has always been on the books, and that is if individuals misrepresent who they are when they become citizens. In that situation that would imply that the individuals do not deserve to be citizens because they gave false information in order to become citizens. If that is the case, then their citizenship can be revoked. That has been the case in Canada since 1947, and that will remain the case.

There is one thing I might mention that the parliamentary committee may wish to consider. After we came out with our law, certain legal individuals said that, when a person has his or her citizenship revoked for this one remaining reason that is allowed, that person may or may not have sufficient right to appeal. If after listening to witnesses, the committee agrees that there is insufficient right to appeal such a decision, then the government and I would certainly be prepared to contemplate such an amendment to our bill.

This makes a more general point, unlike the previous government; but allow me to just talk for this government. We are certainly open to amendments, if there are amendments from either the Liberal side or the opposition side that would improve the bill. We do not claim perfection. If some members on the committee, of any party, have ideas for how to improve it, we would be open to such suggestions.

I just mentioned this one as a case in point: I heard in the debate following the introduction of the bill that there may not be an adequate right to appeal in the case of citizenship revocation flowing from providing false information.

That covers my first general point about citizenship revocation. The second area concerns barriers that we think in some cases are unnecessary or inappropriate barriers to citizenship, and there are four areas where we will change the previous bill, in some cases, substantially.

I can read the four items that we are going to change.

First, the 2015 measures required anyone applying to become a Canadian citizen to declare their intent to live in Canada once citizenship was obtained. We are going to get rid of that.

The measures also prolonged the residency requirement for applicants, requiring them to stay in Canada for a much longer period before being able to apply for citizenship. We are also going to change that, as I will explain.

They also eliminated the possibility of applying half of the time applicants spent in Canada before becoming permanent residents in the calculation of the duration of their physical presence here. This affects international students.

Finally, as for the fourth item, the measures required applicants 14 to 64 to meet language and knowledge criteria. Previously, only applicants 18 to 54 had to meet those criteria. We are going to reinstate the previous age requirement, 18 to 54.

Let me quickly go through each of these in turn. The first point concerns the intention to reside, that people have to declare before they become a citizen that they intend to reside in Canada. Some people in the legal profession were concerned that it could then become a reason to revoke citizenship. Let us say people stated an intent to reside in Canada, and let us say they were telling the truth, then their company shifted them to New York or whatever and the circumstances changed. It was feared that, having invoked this intent to reside, they could subsequently be challenged if their plans changed. The simplest way to deal with that is to get rid of that provision, which is what we are doing. We are repealing it. We think that was a legitimate concern, and we do not think there is merit to retaining that element of the bill.

The second part is the physical presence requirement. We believe that people should be required to be physically present in Canada for a certain length of time. We believe there is significant citizenship fraud or citizens of convenience, so we do want to continue to attack that. We do not dispute the principle of having a certain length of time in which people have to be physically present in Canada, but we are bringing it back to where it was, or at least changing it from what the Conservatives had, that they have to be physically present in Canada for four out of the past six years. We are moving to three out of the past five years, which is somewhat more flexible and also allows citizenship applicants to become citizens one year earlier than was the case under the previous bill.

The third item is one where I feel there is a particular lack of intelligence in the previous bill. If we look at international students, we see they are one of the most fertile grounds for new Canadians. We have an aging population. We really need more immigrants, and who better than international students, in the sense that by definition they are educated, by definition they know something about Canada, and almost by definition they can speak English or French? What better group to solicit to become Canadians than international students?

Why then do we sort of punch them in the nose, instead of courting them, by taking away the entitlement they previously had that 50% of the time they had spent in Canada as international students would count toward becoming citizens? I think they have clearly earned that entitlement by being here, learning about Canada, and so on. Therefore, I do not see why that entitlement should be removed, and indeed, in this bill, we are restoring it.

Someone asked me why not 100%, and we can have that debate. I think 50% might be a good number, but certainly not zero. I think we should go back to where it was, 50%.

Finally, this is a simple point on language. Again, we agree in principle that knowing English or French is really important, and we are not abolishing that requirement at all. Research has shown that knowledge of one or more of the official languages helps to predict an individual's success in this country, economically and job-wise. Therefore, we are not eliminating that, but we are restoring the age range to where it was, which is the age of 18 to 54, rather than 14 to 64.

In sum, we disagree with the Conservative government's legislation based on two general principles. First, a Canadian is a Canadian. All Canadians are equal. We must not have two classes of citizens. Second, we want to welcome newcomers as Canadians, and we do not want the conditions for becoming Canadian to be too rigid or too difficult.

In summary, it is for those reasons that I am pleased to present to the House our proposals in Bill C-6.

Immigration, Refugees and CitizenshipOral Questions

March 8th, 2016 / 3 p.m.


See context

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Mr. Speaker, I am proud to inform the House that we are meeting this important campaign commitment.

Bill C-24, enacted by the previous Conservative government, set a very dangerous precedent. It created two tiers of citizenship in this country. Regardless of whether one is born here or whether abroad, like myself and many members of the House, we deserve a government that values and respects our citizenship.

A Canadian is a Canadian is a Canadian. The Liberal Party believes this. Canadians recognize this. With Bill C-6, we will be implementing this important fundamental principle and putting it back into our immigration system.

Immigration, Refugees and CitizenshipOral Questions

March 8th, 2016 / 3 p.m.


See context

Liberal

Salma Zahid Liberal Scarborough Centre, ON

Mr. Speaker, my riding of Scarborough Centre is one of the most diverse communities in Canada. The Prime Minister came to my campaign office during the election and promised to repeal the second class citizenship provision of Bill C-24, telling my constituents that a Canadian is a Canadian is a Canadian.

Could the Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship update the House on his progress on this promise to restore the integrity of Canadian citizenship?

Ali Ehsassi Liberal Willowdale, ON

Thank you, Mr. Chair.

Thank you ever so much, Minister, for appearing before this committee. I'm sure I speak on behalf of many Canadians in congratulating you for the energy that you have brought to the task at hand. It has been incredible to see your approach to incoming refugees from Syria and to restoring health benefits to refugees, and also your comments today that we will be seeing changes to Bill C-24.

I'm sure that everyone on this committee will agree that the Canada we have today is really the result of the entrepreneurial spirit of many who have come here to live their lives. Immigration is critical to job creation and economic growth for the middle class. The fact is that Canada needs immigration to maintain our population levels, and we do have an aging population and Canadians obviously are living longer lives.

Given all of that, despite all the foregoing, Canadians have been deeply concerned during the past decade about application processing times for various streams of immigration, as you alluded to in your opening comments. To illustrate the point, the processing time for citizenship applications doubled over the past decade. To take another example, which is something that I know you attach a lot of significance to, family reunification processing times are up by 70% for spouses and children since 2007, and then an even a more staggering 500% for parents and grandparents.

Given your invitation that this committee assist in seeing how those timelines can be streamlined, I was wondering if, after having had your consultations with senior civil servants in your department, you could provide us with your early initial impressions as to how the system can be improved.

Thank you.

Shaun Chen Liberal Scarborough North, ON

Just to tag on as well to my colleague's question around Bill C-24, under the previous government the language requirements were made extremely challenging for new immigrants applying to become Canadian citizens. I know that in my riding of Scarborough North, which has one of the highest populations of new immigrants, it's extremely challenging for families who are sponsoring grandparents or parents to have them successfully transition to Canadian citizenship.

How will you and your ministry address this system to make it more inclusive with respect to the strict language proficiency requirements that are currently in place as a result of the last government?

John McCallum Liberal Markham—Thornhill, ON

In the coming days, and not very many, is my answer to when we will introduce changes to C-24.

In terms of the interim federal health program, we really had no choice but to repeal it. I'm glad the Conservatives have found a new commitment to the charter, but their own interim federal health program was entirely inconsistent with the charter when the judge said that it constituted cruel and unusual punishment and was, therefore, unconstitutional and contrary to the charter.

We had no choice but to get rid of it for that reason, but we wanted to anyway because we think it's only right that refugees receive health care. It was economically ridiculous for the federal government to save some money only for the provincial governments to have to spend more money. So net, it cost taxpayers money. It was unconstitutional, and it's certainly the right thing to do to provide health care.

Finally, on the subject of the charter, clearly the interim federal health program was unconstitutional. We now have concern that the designated countries of origin—the discrimination between refugees in terms of what kind of appeal they may have—which the Conservatives set up, may also be unconstitutional, and there have been some court cases. As a result of that charter uncertainty, we are actually reconsidering whether to keep the designated countries of origin at all.

In the election we committed to setting up an independent panel to determine which countries should be on that list, but now, in light of court challenges to the constitutionality of designated countries of origin in the first place, we may even remove them, in which case we would not need any outside body to advise on which countries, because we wouldn't have any designated countries of origin.

This is something that is charter related—and we've been talking about charters, so I raise it—on which we have not yet come to a decision. But the whole issue of designated countries of origin clearly does raise charter issues that we are reviewing now.

Marwan Tabbara Liberal Kitchener South—Hespeler, ON

That's correct.

Minister, first of all, on behalf of myself and all the refugees, asylum seekers, service providers, and dedicated health care professionals in the field I want to thank you for restoring the interim federal health program. Canadians were ashamed of the previous government's petty actions in denying health care to refugees. Our actions have restored the pride we take in our national generosity.

There is a lot more work to do. In particular, I'm referring to the infamous Bill C-24—as you just mentioned—which created a two-class citizenship: one class for those born here, and another class for those who choose Canada as their home and earn their Canadian citizenship.

Minister, how soon can we expect the government to introduce legislation to repeal the provisions of Bill C-24?

John McCallum Liberal Markham—Thornhill, ON

There are a number of questions there.

I might just mention in response to an earlier question that the number of Syrian refugees pre-November 4 is approximately 3,000. That's a partial answer, and we will endeavour to get the rest of the answer soon.

In terms of Bill C-24, this will be coming soon, and we will make very major amendments, as we committed to in the election. We like one or two things in Bill C-24, like the lost Canadians provision, so we would not want to repeal that element of it, but we will certainly honour our campaign commitment.

In terms of the settlement of refugees, I don't have exactly how many settlement workers there are in every community across the country. I can tell you that those settlement agencies are working extremely hard to get the job done and that we are also expanding the number of cities that are settlement communities, to Victoria and other places to be announced very soon. A lot of effort is under way on the part of all those cities and settlement agencies.

I can also say on the settlement issue that we have recently acquired numbers, and 52% of refugees who have arrived from Syria so far have proceeded to permanent housing. That is a precise number, which my department only recently obtained. That will give you an additional piece of information.

Finally, on your question on the IRB, they have received funding to reduce their legacy cases, and they continue to work on those legacy cases, as well as new ones that are coming before them.

Jenny Kwan NDP Vancouver East, BC

Okay, then I'm going to plough through my questions very quickly.

My first question is related to Bill C-24. The minister will recall that during the campaign the Prime Minister announced in the Sing Tao, Ming Pao, and World Journal media in the Lower Mainland of Vancouver that he would repeal Bill C-24 should he form a government. Will the government act accordingly and repeal the entire Bill C-24?

I'm going to ask my questions very quickly and I'll let the minister answer them all at once.

My next question would be on the legacy files. When the Conservative government's Balanced Refugee Reform Act came into effect in December 2012, it created a two-tier system for refugee claimants who applied under the old laws before 2012 and the new claimants in terms of the time for them to process applications. More than three years have passed. Claimants under the old legislation are still waiting to receive a verdict, whereas new claimants receive a decision after only a few months. According to the Immigration and Refugee Board of Canada all legacy files, as we call them, should be finalized by 2018.

My question to the minister is this. Will there be change in addressing this? If not, why are refugee claimants from 2012, who are now integrated into Canadian society, still waiting for a decision on whether or not they can stay in Canada, when last year's claimants already know their fate and can breathe easily? If there were a change, I wonder if the minister can advise when we can see that change take place.

My next question deals with the resettlement services. At a technical briefing on February 3, 2016, an official said that Syrian refugees who had arrived here would not have to wait more than two weeks to be permanently settled. I've met many families who've waited more than two weeks, and they're still waiting. Some of them have missed appointments with immigration officials because the officials simply didn't show up three weeks after they've been here. My question to the minister is this. How many immigration officers does he have working on the ground to process the applicants, the new arrivals? How many settlement workers are on the ground in each of the cities to provide resettlement services to the refugees?

Resumption of debate on Address in ReplySpeech from the Throne

January 27th, 2016 / 4:50 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, I want to thank the hon. member for his excellent speech and I congratulate him on his election.

Given the member's comments, I believe that he will join with me when we comment on the previous government's policies of division and fear and say that we want something new and different. Canadians are ready for that change, and we want to signal to our communities, sooner rather than later, that it is a new day for Canada.

Part of that old regime of division and fear was Bill C-24, which created two classes of citizenship here in Canada. I would like to ask the hon. member if he would, along with me, advocate as soon as possible the repealing of that bill.

Resumption of Debate on Address in ReplySpeech From The Throne

December 8th, 2015 / 1:25 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, before I begin my speech, I would like to indicate that I will be splitting my time with the hon. member for Desnethé—Missinippi—Churchill River.

As this is my maiden speech in the House of Commons, I would like to thank the people of Vancouver East for giving me a strong mandate to represent them in the House of Commons, in the people's House.

Vancouver East is a wonderfully diverse group of neighbourhoods and communities that come together to form an incredibly diverse part of our city, our province and our country. Whether refugees, immigrants, new Canadians, retirees, young people working to make a start, artists and writers from the creative community who feed our soul, or people who are homeless, grappling with addiction issues or mental health challenges, or grass-roots activists who give strength to the fight for a better tomorrow, in Vancouver East everyone makes a contribution to our community. The activism in Vancouver East is unparalleled. We fight hard for what we believe in. We are so proud to be a pro-democratic movement for social, economic, and environmental justice in an unequal world.

In Vancouver East, we know that addressing the social determinants of health is key to healthy communities. We are never afraid to fight to be the agent of positive social change for the entire nation. The way forward for a better future demands that we address the root causes of past injustices. Canada has a shameful chapter of how indigenous peoples have been treated. The effects of colonialism have had a profound effect for the first peoples of this land. The Inter-American Commission on Human Rights released a report to say, “The disappearances and murders of indigenous women in Canada are part of a broader pattern of violence and discrimination against indigenous women in the country.”

It makes my heart sing to see in the throne speech the government's commitment to a national inquiry into the missing and murdered indigenous women and girls. I do hope, with all my heart, that this nation will finally address the root causes that exacerbate the violence against indigenous women and girls. The New Democrats stand ready to work with the government to fulfill this important election promise.

The throne speech stated, “...the Government believes that all Canadians should have a real and fair chance to succeed”. If this statement is to ring true, and I do hope that it does, is it not time to have a national plan with real targets and progress reports to end poverty? After all, it is 2015, and former NDP leader Ed Broadbent's motion to eradicate poverty, supported by every member of the House, was made in 1989. It is startling to me that in Canada 19% of the children live in poverty. That is 1.3 million children. In B.C. alone, that is 170,000 children.

It is a myth to say that people choose to be on welfare. People do not choose to live in poverty. A parent does not choose to send his or her child to bed hungry. The majority of the people on income assistance are people with disabilities, people who are just trying to make ends meet, and people who are working multiple low-income jobs, minimum wage jobs. It does not have to be this way. If we ask the people of Vancouver East, they will tell us that closing stock option loopholes and investing in a plan to eliminate poverty is an easy choice for governments to make.

Though the throne speech did not mention child care, I do hope that the government will recognize that an affordable national universal child care program would ensure that we are taking care of future generations by laying a strong foundation for success.

In East Vancouver, it is a struggle to find accessible, affordable, quality child care, yet we know that early childhood development is good for the child, the family, and the economy. Families and business leaders know that a national child care program equals economic prosperity for the nation. What goes in tandem with that is a national housing program. We do not have to be rocket scientists to know that ending homelessness is not just plausible, but possible. It requires political will.

During the campaign, Liberal candidates promised to renew the co-op housing agreements that were set to expire and to bring back a national housing plan. While housing was not mentioned in the throne speech, I do hope those are not just empty words. It is important for Vancouver East that the federal government gets back to being a committed housing partner and starts building safe, secure, affordable, social housing, and co-ops once again.

From the young to the old, our seniors deserve dignity and support in their golden years. They should not have to worry about not being able to access health care, prescription drugs, home support or having a roof over their heads. Lifting seniors out of poverty by increasing the guaranteed income supplement and returning the retirement age from 67 to 65 is what the government has promised them. In the days ahead, I hope the government will lay out its plan to deliver on that promise. We are worthy of a Canada that honours all those who have sacrificed so much so we can have a better future.

My parents immigrated to Canada because it was a beacon of freedom, hope and opportunity. They dared to dream for a better future for their children, they dared to seek opportunities to make a better life, and they dared to cherish our freedoms and civil liberties.

I am honoured to be the NDP critic for immigration, refugees and citizenship. I look forward to working with the minister and his parliamentary secretary, along with the Conservative critic and deputy critic, on this important portfolio. From honouring the commitment to bring 25,000 government-sponsored Syrian refugees to Canada, to eliminating the backlog for family reunification, to spousal sponsorship applications to getting rid of arbitrary quotas, to addressing concerns with the temporary foreign workers program and removing barriers to citizenship, there is much work to be done.

No Canadian should be made to feel that they are second-class citizens, not immigrants, not those with dual citizenships, no one. The Liberal government promised to repeal Bill C-24. It promised to reverse the invasion of privacy and threat to civil liberties in Bill C-51. Canadians are ready for change. In the days ahead, I hope to see concrete plans and timelines for these election promises, because it is important for the government to deliver on what it promises. The plans that were campaigned on were ambitious, but the expectations need to be met post-election.

We have a collective responsibility to leave our country a better place than what we inherited from the last generation. I look forward to working with all members of the House to do just that.

As the final words in my maiden speech, I want to also thank everyone who worked on my campaign team: the volunteers, the staff, the people who put their trust in me and who toiled in a long election campaign to send me here. I will live by the words of the late Dr. David Lam to “bring honour to the title” that the people have bestowed in me with the work that I do.

Resumption of Debate on Address in ReplySpeech From The Throne

December 8th, 2015 / 11:35 a.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, I would also like to congratulate the member opposite on his election.

Bill C-24 provides the right to revoke citizenship to the minister. The minister is a politician, who does not ally with the Canadian courts or Canadian judges. The provisions of Bill C-24 would allow a politician to revoke citizenship based on the charges faced by a Canadian citizen anywhere in the world. Under Bill C-24, it is possible that the citizenship of Greenpeace activists could be revoked if they were convicted in Russia on trumped-up terrorism charges. We have committed that a Canadian is a Canadian is a Canadian, and we will revoke the unfair provisions of Bill C-24.

Resumption of Debate on Address in ReplySpeech From The Throne

December 8th, 2015 / 11:35 a.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I congratulate the hon. member on his election. I understand that he opposes Bill C-24. However, he did not say what it does. To be clear, this bill strips citizenship from convicted terrorists.

Our view on this side of the House is that, if individuals are flying around the world seeking to advance terrorist purposes, they should not be able to use Canadian passports to facilitate their agenda. Therefore, I would ask the hon. member why he wants to give Canadian passports back to convicted terrorists.

Resumption of Debate on Address in ReplySpeech From The Throne

December 8th, 2015 / 11:30 a.m.


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Liberal

Chandra Arya Liberal Nepean, ON

Madam Speaker, I will be splitting my time with the member for Davenport.

I would like to congratulate you, Madam Speaker, on your appointment to the position of Assistant Deputy Speaker.

As this is the first time I am speaking in the House, I wish to thank all 34,000 citizens of Nepean who voted for me to represent them in this august House. I pledge to work hard to serve all people of Nepean irrespective of their background and political viewpoints.

I would like to thank my friend, my partner, and my wife, Sangeetha, and our son, Siddanth, without whom I would not be here.

I would also like to thank the team of volunteers who committed so much time and energy to my campaign and who shared my vision for the great riding of Nepean.

I am also honoured to be one of only three Hindu Canadians who are members of the House. I am probably only the second person in the history of the Canadian Parliament to be sworn in by taking the oath on the Hindu holy book of Bhagavad Gita.

Canadians spoke loud and clear on October 19, echoing our call for real change. Of the several things Canadians voted for, I would like to highlight three issues. First, Canadians overwhelmingly voted against the politics of fear and division. Second, Canadians rejected the creation of second-class citizenship in Bill CC-24. Third, Canadians voted for economic development through massive investment in infrastructure.

As I said, Canadians rejected the politics of fear and division. As the right hon. Prime Minister has said:

Fear is a dangerous thing. Once it is sanctioned by the state, there is no telling where it might lead. It is always a short path to walk from being suspicious of our fellow citizens to taking actions to restrict their liberty.

Canadians also rejected the second-class citizenship that was created by Bill C-24. The previous government created two classes of citizenship, with the power to revoke citizenship resting with a politician. As has been said, a Canadian is a Canadian is a Canadian. We will repeal the unfair portions of Bill C-24.

Canadians also voted to stimulate the economy through massive investment in infrastructure to create long-term economic growth.

I have several objectives as a member of this esteemed institution. The first is to bring respect back for the public service and allow public service employees to deliver to the best of their ability. We will create policies based on scientific evidence, not ideological dogma. Prudence and pragmatism and not political ideology will influence decision-making. We will not legislate changes to service terms but work through the process of collective bargaining.

My next objective is to work on affordable housing. The wait time for affordable housing in my riding of Nepean is 15 years. There are more than 10,000 people on the wait list for affordable housing in the City of Ottawa. Research has shown that every dollar invested in affordable housing saves several dollars in long-term social costs.

My long-term objective is to work to develop a viable, alternative sector for the creation and sustainment of high-quality jobs in Nepean and Ottawa.

In Ottawa, the federal government is the largest employer, and the City of Ottawa is the second largest. Then we have the technology sector, which has seen the booms and busts of the wireless and telecom segments. Our children are moving out of Ottawa in search of jobs. There is a need to promote the development of a stable technology sector.

I served on the board of Invest Ottawa, with Mayor Jim Watson as the co-chair, and other leading business and institutional leaders as fellow directors. Invest Ottawa is doing great work in making the city the best place for companies across Canada and around the world to come and set up shop. There are about 1,700 knowledge-based companies in the city, a vast majority of which are small entities. Invest Ottawa is also helping these companies grow.

One thing I realized during my stint there is that, for economic development to take place in the city of Ottawa, there is a need for all three levels of government, municipal, provincial, and federal, to work hand in hand.

The City of Ottawa and the provincial government have joined hands and have equally shared the costs of a $30 million innovation centre that is currently being built. Currently, there is zero contribution from the federal government for this much-required institution.

During the last 10 years, the interaction among all three levels of government for the economic development of Ottawa has been quite minimal. I pledge to work hard to rectify this deficit.

There are 12 million working Canadians who do not have a workplace pension plan. Only 35% of Ontario workers have a workplace pension plan. In the private sector, the percentage of workers with a workplace pension plan is just 28%. It is possible that many of them will retire directly into poverty, thus increasing social costs. There is already an increasing number of working families who depend on the local food banks. There is a need for an enhanced pension plan. Our government has pledged to work with the provinces and territories to achieve this goal.

To conclude, I want to bring my experience, dedication, and passion for my country to Parliament. I will work hard for the families in Nepean and work with others to make our country and community stronger. I want to showcase to our children and grandchildren that politics is about public service and about giving back to society.