This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.
Chris Alexander Conservative
This bill has received Royal Assent and is now law.
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.
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.
Andrew Cash NDP Davenport, ON
Mr. Speaker, yesterday the Minister of Citizenship and Immigration took evasive action after being asked about the constitutionality of his immigration bill. He refused to answer the question, but he did manage to make an unrelated reference to the “disgraced ideological former lawyer of the Khadr family”.
Could the minister tell us how his latest smear job is even remotely relevant to the constitutionality of Bill C-24?
Chris Alexander Conservative Ajax—Pickering, ON
moved that Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, be concurred in at report stage.
The Speaker Conservative Andrew Scheer
Pursuant to an order made on Monday, June 9, the House will now proceed to the taking of the deferred recorded divisions on the motions at report stage of Bill C-24.
The question is on Motion No. 1. A vote on this motion also applies to Motions Nos. 2 to 13.
The House resumed from June 9 consideration of Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, as reported (with amendment) from the committee.
Chris Alexander ConservativeMinister of Citizenship and Immigration
Mr. Speaker, that question speaks to the pitiful quality of opposition criticism and commentary throughout this debate on Bill C-24. We will stand behind a bill if the main opponent to it is the disgraced ideological former lawyer of the Khadr family.
Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC
Mr. Speaker, the Canadian Bar Association, UNICEF, the Canadian Association of Refugee Lawyers, Amnesty International, the Canadian Council for Refugees and many other experts agree that Bill C-24 does not comply with the Canadian Charter of Rights and Freedoms or international law.
They believe that some parts of the bill are unconstitutional. If the Conservatives really want to improve the Citizenship Act, why are they stubbornly ignoring these experts? Why not amend Bill C-24?
Pierre-Luc Dusseault NDP Sherbrooke, QC
Mr. Speaker, that question has many elements.
I would have liked my Conservative colleagues to ask me some questions. I would have been pleased to hear what they had to say about this. However, they wanted to continue the debate until the bill is disposed of. However long it takes, I will defend human rights around the world at any hour of the day on behalf of the people of Sherbrooke.
Unfortunately, the Conservatives are not showing up for work. We saw that this evening. Not one Conservative spoke to Bill C-24, which we debated a little earlier. As far as Bill C-20 is concerned, not one Conservative will defend their bill.
It is unfortunate, because I would have liked to have a debate of ideas on Bill C-20, but clearly, when the Conservatives adopted the motion to extend sitting hours until midnight, it was a licence for laziness. We see that today. The Conservatives are barely asking any questions, and they do not have the nerve to defend their bills. Then they will go back to their ridings, claiming that they worked late and hard and saying that they passed many bills. In fact, they did nothing. So far, they have missed almost 70 opportunities to speak and stand up for their constituents.
I would be disappointed if I lived in a Conservative riding and saw my MP unable to speak in the House and defend my interests. I would really be very disappointed for that and many other reasons.
Obviously, the Liberals, who are complacent about this bill—
Don Davies NDP Vancouver Kingsway, BC
Mr. Speaker, it is a pleasure to stand up as the deputy critic for citizenship, immigration and multiculturalism on behalf of the official opposition to speak to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts.
I would like to start by making a few introductory comments and observations about citizenship.
There are a lot of things we debate in this House that we can have varied opinions on whether they are a matter of policy and philosophy, but there are certain issues that I think are foundational. They go to the very fabric of who we are as a country. Our democratic system and electoral system is one. We saw a vigorous debate over the Conservative government's attempt to change the rules about our democratic elections in this House, and how they were forced to back down when Canadians saw the Conservatives trying to use politics to bend the rules of the system to benefit themselves. I think we are seeing a bit of the same thing with citizenship.
Citizenship is something that invokes a feeling of pride in Canadians. There are a number of values that Canadians want to see surrounding the concept of citizenship. One of those concepts is equality. Fundamentally, I think Canadians believe in the equality of all Canadians. It is something that is a benefit of citizenship, and something that once one becomes a citizen, whether it is by being born here or naturalized here, a person aspires to and receives an equality that ought not be taken away from them.
People want to see integrity in our citizenship process. They want to see fairness. Canadians are known around the world, and in our self image, we quite rightfully like to think of ourselves as being a people who believe in the fundamental concepts of fairness and due process. It is something that attracts people to this country. When I think of why people immigrate to Canada, some of what they are attracted to are the concepts of democracy, equality, and fairness.
Canadians also want due process. Fundamentally, we believe in the rule of law. I hear the phrase “rule of law” tossed around and used in this place a lot. I am not sure that we have a lot of discussion about what that means. Rule of law means that decisions that affect people's rights are not taken precipitously or capriciously. Rather, they are done by independent people in accordance with rules that are independent, objective, and impartial. They do not want politics injected.
Another reason that a lot of people like to come to Canada is because a lot of states around the world are marked by corruption. If people want to get their utilities, water or lights, hooked up, they have to know someone or to pay money to a government official. That is the most egregious example of the mixing of politics with the rule of law. That leads to the separation of politics and the judicial/quasi-judicial process.
I have heard successive Conservative ministers of immigration rise in this House repeatedly and say that it is inappropriate for them to rule on or decide individual cases. They will not even talk about them in the House. They talk about having arm's-length, independent, professional civil servants make the rulings on individual cases that deal with immigration or citizenship. The reason I bring this up is because I think this bill contains some things that are worthy of support, but it offends a fair number of the concepts I have just raised.
About eight months ago, I had a conversation with the member for Wellington—Halton Hills. He decried the use of what he called dog-whistle politics. Dog-whistle politics are where we raise a political issue to send a message to people that is not really what we are saying, but it is the message it conveys. I hope it is not the case, but I fear that this bill has underneath it some dog-whistle politics. Messages are being sent to the Canadian public that sow fear, division, and distrust.
When we start introducing concepts that introduce two-tier citizenship, and when we are being invited to judge who is a real citizen and who is not, who has bona fides and who does not, who can be a Canadian citizen forever and who can lose it, these are fundamental questions that involve the fabric of our country.
This bill does a lot of things, some of which I will speak positively about, and some that I think are problematic.
On February 6, the Minister of Citizenship and Immigration tabled Bill C-24, which includes sweeping changes to Canada's citizenship laws. The minister stated that it represented the first comprehensive reforms to the Citizenship Act since 1977. He claimed that it “will protect the value of Canadian citizenship for those who have it while creating a faster and more efficient process for those applying to get it”.
First, it is news to me that we have not had valuation of Canadian citizenship. People in my riding of Vancouver Kingsway do now value Canadian citizenship and always have. This is a solution in search of a problem. I have never heard a Canadian in our country who has said that they do not value Canadian citizenship.
In terms of a faster and more efficient process for applying to get it, with respect, I see very little if anything in Bill C-24 that would speed up the process of citizenship, which, by the way, has been a problem under the current government and the previous Liberal government as well. Wait lists in our country across the board in the immigration system are unacceptably long, and they are getting longer.
Bill C-24 would do a number of things. It would put more power in the hands of the minister, including the authority to grant or revoke citizenship. It would provide no real solution to reduce the growing backlog and the citizenship application processing delays.
It would eliminate the use of time spent in Canada as a non-permanent resident to count toward the residency requirements before one could apply for citizenship. It includes an “intent to reside” in Canada provision whereby an official in government could make a determination of people's intentions to reside in Canada and strip them of their citizenship if they believed that the intent was not there.
It would prohibit the granting of citizenship to persons who had been charged outside of Canada with an offence that, if committed in Canada, would constitute an indictable offence. In other words, we can strip Canadians of their citizenship if they commit an act abroad that is an indictable offence if they have dual citizenship.
It would increase residency requirements from three out of four years to four out of six years, and it would clarify the requirement of physical residence in Canada prior to citizenship.
It includes stiffer penalties for fraud.
It would extend citizenship to lost Canadians.
It would expedite citizenship for permanent residents serving in the Canadian Forces.
It would also implement stricter rules for fraudulent immigration consultants.
It would require applicants aged 14 to 64 years old—previously 18 to 54 years old—to pass a test demonstrating an adequate knowledge of French or English.
Although it is not in Bill C-24 but concomitant with the bill, the Conservative government has tripled the application fees for citizenship.
Everyone agrees that Canadian citizenship is something of enormous value. I do not think anyone wants to see an approach that plays politics with this issue. It is something that we have seen all too frequently from the Conservative government.
With respect to the bill, it is high time that the issue of lost Canadians is addressed. This has been a very unfair situation that has gone on for far too long, and I am pleased to see it addressed in the bill.
However, other parts of the bill are, of course, increasingly and very seriously concerning. For example, the question of revoking citizenship in various scenarios has raised significant legal concerns. We are always concerned about and opposed to the concentration of more power in the hands of a minister of the crown, inherently a political figure.
We were hoping that the minister would commit to working with us to bring real improvements to our citizenship laws, but again, the government has opted to go with a bill that is, in many people's view, likely unconstitutional. The amendments that the official opposition brought to committee were, again, par for the course for the Conservative government, as every one of them was rejected out of hand.
Since March 2008, more than 25 major changes have been made to immigration methods, rules, legislation, and regulations by the government. More and more changes have been made since the Conservatives formed a majority government. These have included a moratorium on parental and grandparental sponsorships, reducing family reunification, punishing vulnerable refugees and increasing the number of temporary foreign workers to meet the requirements of the business sector in our country. However, the extensive changes to the Canadian immigration system have not made the system more effective or fair.
As an MP with a riding that is fundamentally made up of new Canadians, I say we should be making citizenship more valuable. We should be making it more streamlined and faster for those honest, hard-working people who seek it. The bill before us has been rightly described as a bill that makes citizenship harder to get and easier to lose.
People come to our country so they can get a passport, vote, and to participate fully in a democratic society. However, the bill would not do that. When we give the minister power to make decisions on a balance of probabilities that someone has obtained citizenship in a way that the minister does not like and we do not have a court process to check it, that is worrisome. It has no place in a country with the rule of law.
Pierre-Luc Dusseault NDP Sherbrooke, QC
Mr. Speaker, I am pleased today to speak to Bill C-24. As the member for the beautiful city of Sherbrooke, it is truly an honour to speak to this bill. In fact, most of Sherbrooke's residents will be interested in this bill.
Sherbrooke is one of the most important immigration hubs in Quebec. Every year, we welcome hundreds of new immigrants. As an MP, I am proud to welcome them. They sometimes get a lot of help in my riding office, which is located at 100 rue Belvédère Sud in Sherbrooke.
I invite all Sherbrooke citizens, if they are interested or need help, to contact my office anytime during our office hours. One of the things we work on the most is helping new immigrants with the citizenship or permanent resident process.
I would like to take this opportunity to thank Nancy and Martine, my two assistants who work hard on citizenship cases. They are often assisted by interns. Previously, we had Roxanne, Samuel, Christophe, Véronique and Joannie helping us out. At present, Aline is helping new immigrants with the citizenship process.
The reason I am thanking all these people is that citizenship issues are something my office deals with the most. One of the things I take the most pride in as the member for Sherbrooke is helping newcomers navigate a process that can be quite murky, very difficult, filled with roadblocks and quite time-consuming.
We all know processing times for citizenship applications have increased a great deal in the last few years. They have in fact more than doubled in the past decade and have now reached 31 months. Applications for permanent residence take even longer to process. This can be very stressful for newcomers. It can lead to very difficult situations, on a personal and professional level. Newcomers who have been waiting for months can start wondering if there is a problem with their file. They see no end in sight.
That is why I am delighted to speak to a bill that directly and fundamentally affects the citizenship process as a whole in Canada.
I would also like to acknowledge the work of the Service d'aide aux Néo-Canadiens, a well-known institution in Sherbrooke. It offers support to newcomers to the city. Mr. Marceau is the organization's president, and its director is Ms. Orellana, whom I know quite well. I would like to commend them on the help they give newcomers, who sometimes come here as refugees from countries fraught with economic and political difficulties. These people have a hard time learning the fundamentals that may seem obvious to long-standing Canadians. Africans sometimes arrive here in the middle of winter. Some of them have never known winter and are completely disoriented when they arrive in Sherbrooke. The Service d'aide aux Néo-Canadiens is a remarkable institution that helps newcomers every single day.
That brings me to the content of Bill C-24, which proposes substantial amendments to the Citizenship Act and others.
One of the things that stood out as I read the bill is the establishment of a two-tier citizenship system.
I see that the Parliamentary Secretary to the Minister of Citizenship and Immigration smiles when I talk about a two-tier system. He does not seem to believe me.
I think this bill creates an imbalance when it comes to citizenship, whether a person is born in Canada or in another country, or whether his citizenship was obtained later on by taking an oath before a judge, swearing allegiance to Canada and Queen. There is now an imbalance. Beforehand, all Canadian citizens were on the same level, whether they had obtained their citizenship at birth in Canada, or later on under different circumstances.
This bill affects, among others, people with dual citizenship who have been convicted of heinous crimes. I am not saying these crimes are not horrific. They are, and the individuals must be punished to the full extent of the law.
However, as a Canadian citizen holding only one citizenship, I will first face justice, and a judge or a jury will find me guilty or not guilty, based on the evidence adduced. I will then have to serve my sentence and I may end up spending the rest of my life in jail. That is the likely scenario for a person born in Canada.
A Canadian who obtained his citizenship later on in life and who holds dual citizenship will go through the same process and may end up being convicted by a judge. However, his sentence will be harsher than mine, because he may be stripped of his citizenship. I cannot be stripped of mine because I only have one. Under international treaties, I cannot be made a stateless citizen.
I thought this Canadian and I were equal, but he could be stripped of his Canadian citizenship, in addition to having to serve his prison sentence. This is like a double sentence, simply because he is not an ordinary Canadian citizen with only one citizenship. I am sure the hon. member will ask me a question on this issue.
I think Bill C-24 creates an imbalance in the existing system, and that is only one of the problems. That is also the main concern raised by the majority of those who spoke on this legislation.
If the bill is passed, revoking citizenship will be done more secretly and more easily than before, because we are giving this power to the minister or his agent. While it is possible to appeal such decisions, this is a fundamental change in revoking citizenship, sometimes for nebulous reasons. There is also the provision on the intent to reside in Canada, which gives the minister or his agent more power to judge the case of a particular individual who could be stripped of his citizenship, or who could be denied Canadian citizenship.
A number of concerns have been raised. In my opinion, as in many experts' opinion, the bill may be challenged in court. For the umpteenth time, the government will see one of its legislative measures being challenged in court, which is becoming almost a tradition with Conservative bills. The Conservatives do not seem to follow the usual process of asking the Justice minister to ascertain whether a bill is constitutional.
Jonathan Tremblay NDP Montmorency—Charlevoix—Haute-Côte-Nord, QC
Mr. Speaker, I thought there was a law that said that the hon. member for Hamilton Centre always has to speak last. With all the energy he has, there is a different atmosphere in the House after he speaks. I would like to recognize the excellent work that he does and the excellent speech that he gave just before me.
Today, I am rising to speak to Bill C-24, which was introduced at first reading on February 6. According to the minister, this bill is very important, but it was all but forgotten after February 27. The media spoke about it a little bit, but it was not debated again until May 29. The government did not put this bill back on the House's agenda for many months.
It is also important to note that the committee began studying this bill before the end of second reading. This is a 50-page citizenship reform bill that has been needed for nearly 30 years. It was touted and heralded and did not even go through normal House procedures. We debated it for one hour and then it was shelved. Then, all of a sudden, we were forced to study it in committee before second reading had even finished.
This approach will have a negative impact on experts and people in general. It will prevent them from having an opportunity to study the bill, testify before the committee and contribute to the study of this bill. Many people have talked to me about this in my riding. They wanted to know how they could contribute to the study of Bill C-24 with their analysis and their expertise. Unfortunately, we have had to tell them that it is already too late. The usual procedures went out the window. Experts and individuals were not able to contribute because the government rushed the committee's work and because we were not allowed to have a normal debate in the House.
The NDP wanted to call more witnesses but our requests were denied. The NDP put forward a number of amendments in committee. The Conservative committee members rejected our amendments. Then debate resumed in the House. A week later, it was report stage. The Conservatives rushed the committee's clause-by-clause study. Because a reasonable study was not done, we have before us today a poorly written, botched bill.
The NDP wanted to remove several clauses or at least study them in depth. Many experts and individuals are concerned about these clauses. The government rejected all of the amendments proposed by the experts who appeared and by the opposition.
One of the problematic measures is that Bill C-24 places a lot of power in the minister's hands. This is an unfortunate trend we have seen across many different bills. One of these powers is the power to grant citizenship to dual nationals or revoke it from them.
The government has a marked tendency to create laws that concentrate power in ministers' hands, which is something the NDP does not support. We cannot and will not trust it, and by giving a minister new powers, we are exposing ourselves to the possibility that the minister could make arbitrary, politically motivated decisions. It will be sad if that is how things turn out. That is what is happening in other countries, and it is bad for democracy. I truly hope it will not come to that.
The very idea of giving the minister the power to revoke citizenship raises serious questions. Canadian law already includes mechanisms to punish people who commit illegal acts, so why would the Minister of Citizenship and Immigration need to make that type of decision? The minister could revoke citizenship when he, or one of his authorized employees “is satisfied on a balance of probabilities” that the person has fraudulently obtained citizenship.
Until now, these issues were generally sent before the courts and cabinet. This element poses serious problems in that the minister would have the power to revoke citizenship based on suspicion, without an independent court ruling on whether or not the accusations are true.
In the United States, the government may file a civil suit to revoke an individual's citizenship if it was obtained illegally, if the individual concealed information that was relevant to eligibility for citizenship or if the individual made false statements. In that situation, the individual in question has the legal right to refer the matter to the courts. Every ruling can be appealed, and the individual is guaranteed due process. However, here the government wants the minister to have the right to veto.
The minister could revoke the citizenship of someone who was convicted under section 47 of the Criminal Code and sentenced to imprisonment for life for treason, high treason or espionage; or someone who was convicted of a terrorism offence as defined in section 2 of the Criminal Code—or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section—and sentenced to at least five years of imprisonment.
The problem is that this measure makes absolutely no distinction between a terrorism conviction handed down in a democratic country with a credible and reliable justice system and a conviction in an undemocratic regime where the justice system could very well be corrupt or beholden to political interests. This revocation process can be used without the Federal Court ever seeing the file. In addition, the measure is retroactive.
What is more, candidates between the ages of 14 and 64, instead of 18 and 54, will now have to pass the test that determines their knowledge of French or English. A 14-year-old child belongs with his parents. Denying him citizenship on the grounds that he still has not mastered either official language is questionable. In this case, family reunification is paramount and that child is young enough that he has enough time ahead of him to learn one language or even both. Again, a 14-year-old child belongs with his parents.
Last but not least, this bill could be subject to constitutional challenges. The use of revocation of citizenship as a legal consequence for dual citizens could, in some circumstances, be inconsistent with the Canadian Charter of Rights and Freedoms. Revoking the citizenship of those found guilty of treason and terrorism by a Canadian or foreign court could be perceived as a punitive measure imposed in addition to other criminal sentences.
Among other problems, treating people with dual citizenship differently by exposing them to the possible loss of their citizenship creates a double standard and raises major constitutional questions, particularly under section 15 of the charter. This section states that everyone has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
Section 11 of the charter could also be invoked in cases of revocation of citizenship, when the legislation is not about revocation for fraud, but rather imposes a punishment after the fact. If the revocation is perceived by the courts as an additional punishment for crimes, then it is even more likely that the accused will point to the key elements of section 11, including the presumption of innocence and the right to be heard by an independent and impartial tribunal, which are fundamental rights in our country.
Increasing the government's powers to revoke citizenship causes not only moral problems, but also constitutional problems, which might occur because of this bill.
The government is doing away with the process of passing a bill in the House at first reading, at second reading, in committee and at third reading.
Then it moves a time allocation motion to limit our debate in the House. That shows utter contempt for our parliamentary institutions. We have a duty to make excellent laws for our constituents, and I think this Conservative government should keep that in mind.
John Rafferty NDP Thunder Bay—Rainy River, ON
Mr. Speaker, not being transparent in the bill, as with just about every other bill the Conservative government puts forward, is a hallmark, a trademark, of the current government. Even in the situation where the minister grants automatic citizenship, he does not have to provide a list. He does not have to name who these people are. He does not have to provide that kind of information.
There were 29 individuals who spoke on Bill C-24 in committee, and the vast majority, to varying degrees, were opposed to the bill. It has all kinds of problems.
John Rafferty NDP Thunder Bay—Rainy River, ON
Mr. Speaker, I am pleased to rise today to speak to Bill C-24, particularly in light of the fact that later this week, on Friday, I will be at a citizenship ceremony in Thunder Bay. I try to get to as many as I can. I have not been to all of them, of course, but I will be there.
A citizenship ceremony is a wondrous thing. It is filled with people who have worked long and hard and who have spent a lot of time, and in many cases a lot of money, to get to where they are at that citizenship ceremony. One thing that really stands out above all at a citizenship ceremony, as I know my colleagues will agree, is that it is clear from looking at the faces of these new Canadians that Canadian citizenship is something of enormous value. For everyone who is becoming a new Canadian on Friday, with their families, friends, and relatives in attendance, Canadian citizenship is really something that is an apex for many people in their lives at this point.
Unfortunately, with Bill C-24 and with many other things the government does, we see an approach that plays politics with the issue. We have seen that a lot with the government. I would like to take my time today to speak about the good—because there is some good that I can certainly agree with—the bad, and in some cases, the ugly in the bill. I will try to use my time wisely.
First, as a little background, we were hoping that the minister would commit to working with the NDP to bring real improvements to our citizenship laws. Instead, he opted to go on with a bill that in many cases is likely to be unconstitutional. Unfortunately, the Conservatives on the committee rejected every one of our proposed amendments to the bill, amendments that perhaps could have made it good and good, instead of good and bad.
Canadians expect us to collaborate in this place and come up with absolutely the best bills possible for the benefit of all Canadians. However, since the 2011 election we have not seen that. We have not seen the collaboration that Canadians expect in this place.
Now, here is a bill that will likely be passed. It is a majority government. The Conservatives were not willing to listen to any amendments. On top of everything else, they do not care if it is challenged in the courts. They just want to go right ahead and do it and let someone else worry about it. That is not what Canadians expect us to do in this place.
Let me speak about some of the provisions that I just cannot agree with and some that I can. Let me start with the ones that I cannot.
Bill C-24 gives the minister many new powers, including the authority to grant or revoke citizenship of dual citizens. It should not be the job of the minister of citizenship and immigration to make these kinds of judgments. Before it was done by Governor in Council, by cabinet. It was done by a larger group of people. At one time, up until now, a judge would be involved. The judge would have to make some details known and make a determination of some kind. However, this government has a very strong tendency to develop legislation that concentrates more powers into the hands of ministers.
Needless to say, we condemn this practice. We do not trust the Conservatives, and by giving a minister new powers, we open the door to arbitrary and politically motivated decisions. The very idea of giving the minister, by himself, the power to revoke citizenship raises serious concerns, and it is on this principle that we can talk about this issue.
Another problem with revoking the Canadian citizenship of dual citizens is that it would create two-tier citizenship, where some Canadians could have their citizenship revoked while others would be punished by the criminal justice system for the same offence.
Let me talk about how the minister, under the provisions of the bill, could revoke citizenship. If he or any staffer he authorizes is satisfied, on a balance of probabilities, that a person has obtained citizenship by fraud, until now such cases have all typically gone through the courts and cabinet, but that will not be the case anymore.
A person could be convicted under section 47 of the Criminal Code, and these are serious offences, such as treason, high treason, or spying, or of an offence outside Canada that if committed in Canada would constitute a terrorism offence, for example, as defined in that section, or sentenced to five years imprisonment.
We cannot rely on justice systems outside of this country. We have a justice system in Canada that we believe is fair, honest, and decent, but frankly, some countries in the world do not have the same kind of justice system we have. To base the revocation of citizenship on something that may have happened in another country, and I will go into more detail about that later, does not make any sense at all.
The minister would have the authority under the bill to grant citizenship. At present, and I think I mentioned this before, it rests with the Governor in Council, which is the cabinet. Bill C-24 would transfer this power directly to the minister. This measure was introduced by the minister as a means of improving services for applicants by simplifying and speeding up the process. Specifically, the measure raises concerns, because the minister has indicated that the list of persons to whom he would grant citizenship would not be disclosed. Once again, we see the government's lack of transparency, and that should raise red flags. It certainly does with us, and it certainly does with the third party, and it should with all Canadians.
Bill C-24 provides no real solution to reducing the growing backlog and citizenship application processing delays. There has been some money allotted in the last two budgets to help speed up the process, but the fact remains that there are 320,000 applications still waiting to be dealt with.
Let me go back very quickly to Friday when I will be at the citizenship ceremony. The people who are becoming new Canadians this Friday in Thunder Bay are very fortunate and very, very lucky, because 320,000 people are still waiting to have their applications dealt with.
I do not want to belabour this point, because some other speakers have talked about it, but it is about the declaration of the intent to reside. The bill would introduce a requirement that if granted citizenship, a person would intend to continue to reside in Canada. I do not know what the government would do if a person became a Canadian citizen and then received a job overseas and was gone for two years working in another country and was not actually resident here in Canada. It is not addressed in the bill, and it is going to be a problem.
The bill would prohibit the granting of citizenship to persons who have been charged outside of Canada with an offence that if committed in Canada would constitute an indictable offence. Again, we would have the minister, who would be the sole arbiter now, if the bill were passed, of who could stay in Canada and who could not stay in Canada, which would depend partly on the justice systems of other countries. In other words, a person convicted of practising homosexuality in another country, and we know that there are many countries where this is illegal, would be prohibited from becoming a citizen of Canada. That just does not make any sense.
I see I have three minutes left, so I will try to be very quick here. There are some provisions we can support.
Strengthening Canadian Citizenship ActGovernment Orders
Richmond Hill Ontario
Conservative
Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration
Mr. Speaker, my question for the member opposite is simple. Bill C-24 would actually allow for a lot of flexibility for people to be able to move around if they need to leave the country. They would need to have been in Canada for four of the last six years, in accordance with provisions in the bill. That would allow for up to two years for someone to be flexible and move around.
It is not the government that wants the intent to reside to be a key element in the bill; it is Canadians who are telling us to put it in there. Canadians have worked all of their lives, as have those who are naturalized and work hard here in Canada to contribute to our nation. We think that it is only reasonable to expect people who want to have the benefits of Canadian citizenship to have the intention to reside in this country.
That is what citizenship is. It is someone who wants to live in the country and be a part of Canadian society. They have the intent to live here and actually be present in this country. I do not understand why the member feels it is asking a little bit too much of people who aspire to get Canadian citizenship to abide by what Canadians themselves are doing by being citizens.
The member is a Canadian. Does she not feel that it is important for those people who have the same benefits and rights that she has in this country to live in this country or intend to live in this country before they get the privilege, not the right, of Canadian citizenship?
Sadia Groguhé NDP Saint-Lambert, QC
Mr. Speaker, I congratulate my colleague on her speech.
She mentioned a provision of Bill C-24 that concerns the declaration of intent to reside in Canada. It is quite obvious that this provision will be challenged in court. This was mentioned by one of the witnesses, who belongs to the Canadian Bar Association, because this provision is contrary to the free movement of people, which is protected by the Canadian Charter of Rights and Freedoms.
What can our colleague tell us about potential court challenges?
Marie-Claude Morin NDP Saint-Hyacinthe—Bagot, QC
Mr. Speaker, I am pleased to rise this evening to speak to this bill, which proposes significant amendments to the Citizenship Act and, as a result, to the lives of our immigrants.
I am particularly interested in this issue because there are many immigrants in my riding. There are also a lot of refugees, who also struggle to get citizenship, and I see that this bill will not make their lives earlier, even though they in no way deserve to be treated like this.
To provide some background, on February 6, the Minister of Citizenship and Immigration introduced Bill C-24, which significantly amends Canadian immigration legislation.
The minister said that Bill C-24 represented the first comprehensive reforms to the Citizenship Act since 1977.
He went on to say:
[The bill] will protect the value of Canadian citizenship for those who have it while creating a faster and more efficient process for those applying to get it.
I doubt it. I have had a chance to carefully study this bill and I do not see a single change that will make the process faster and more efficient. This remains to be seen, but there is nothing concrete there.
Since March 2008, about 25 major changes have been made to immigration procedures, rules, laws and regulations. More and more changes have been made since the Conservatives won a majority, including the moratorium on sponsoring parents and grandparents. There have also been fewer family reunifications, which is very problematic. There is no point in elaborating on this because the expression “family reunification” is self-explanatory. I believe that in life we need to be with our family.
There is also the punishment imposed on vulnerable refugees. Do these people really need to be punished for crimes they did not necessarily commit? I doubt it. Then, there was an increase in the number of temporary foreign workers to meet the needs of large businesses, at the expense of many Canadian workers.
The significant changes made by the Conservatives to the Canadian immigration system did not improve the system's efficiency or fairness. Absolutely not. Some changes to the Citizenship Act proposed in this bill are long overdue. They address some flaws in the existing system and they should be mentioned. When our opponents do good work, we recognize it. We are not stupid.
However, certain clauses are changing the rules. They are totally unacceptable and, in my opinion and in my colleagues' opinion, they must be condemned. Before explaining the provisions that we will support and those that we will not support, I want to describe the changes proposed in the bill.
The bill gives the minister some major new powers, including the power to grant or revoke citizenship. It does not provide any real solutions to reduce the ever-increasing number of delays and the citizenship application processing wait times. It eliminates the use of the length of stay in Canada during a non-permanent residency. It bars individuals who have been convicted of what would constitute an indictable offence in Canada from acquiring citizenship. It includes a clause on the intention to reside in Canada. It increases residency requirements from three years out of four to four years out of six, and it specifies the requirements on physical presence in Canada before obtaining citizenship. It includes tougher sentences for fraud. It extends the granting of citizenship to lost Canadians. It provides an accelerated process to citizenship for Canadian Armed Forces personnel. It applies stricter rules to fraudulent immigration consultants. Also, applicants aged 14 to 64—it used to be 18 to 54—will now have to pass a test assessing their knowledge of French or English.
As I said earlier, we nevertheless support some provisions of this legislation. Other aspects raise a lot of concerns and must be condemned, such as the fact that Bill C-24 concentrates many powers in the hands of the minister, including the power to grant or revoke citizenship in the case of persons with dual citizenship.
I have often told the House that I am always uncomfortable when we give discretionary powers to ministers, because they are human. We all agree that they are not gods. These are very serious issues that should be examined by a committee made up of several individuals. Such issues, including the fate of political refugees, should not be in the hands of a single individual. It is unacceptable. Under the bill, the minister or an authorized official can revoke the citizenship if he is persuaded, on the balance of probabilities, that the person obtained citizenship by fraud.
Until now, these cases were usually referred to the courts. That will no longer be the case. However, these situations lend themselves to interpretation. A person suspected of fraud still has the right to a fair trial, like everyone else. In Canada, we are still innocent until proven guilty. That principle also applies to these individuals.
The minister may also revoke the citizenship of a person convicted under section 47 of the Criminal Code and sentenced to life imprisonment for treason, high treason or espionage; or the citizenship of a person sentenced to at least five years of imprisonment for a terrorism offence under section 2 of the Criminal Code, or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section.
This provision does not in any way distinguish between convictions for terrorism in a democratic country such as Canada, with a credible and reliable justice system, and convictions in undemocratic regimes whose justice systems may be corrupted. We should look at this issue. I am going to give the minister the benefit of the doubt. Perhaps he did not think about it, but I doubt it. Still, it would be pertinent to review these issues.
Bill C-24 also does not provide any real solutions to reduce the ever-increasing number of delays and the citizenship application processing wait times. I have said it many times, but it is important. Except for eliminating go-betweens and granting the minister a discretionary power, nothing is done to reduce processing times.
In other words, the quality of the processing is reduced. An application can be botched or it can be properly dealt with. A person could end up not being granted citizenship because the minister is not in a good mood. That is a little far-fetched. As I said earlier, I always feel uncomfortable when discretionary powers are given to ministers.
The declaration of intent to reside in the country also poses a slight problem. The bill introduces a requirement whereby a person to whom the minister grants citizenship must intend to reside in Canada after obtaining citizenship. The government maintains that this requirement is designed to send the message that citizenship is reserved for people who want to live in Canada. The law that is currently in effect does not include a provision on the intent to reside in the country.
The president of the Canadian Association of Refugee Lawyers, Lorne Waldman, said that this amendment gives public servants the power to speculate on a citizenship applicant's intentions and then refuse them citizenship based on that speculation.
I would like to briefly quote what he had to say. I find it very interesting. He said:
The provision also holds out the implicit threat that if a naturalized Canadian citizen takes up a job somewhere else (as many Canadians do), or leaves Canada to study abroad (as many Canadians do), the government may move to strip the person of citizenship because they misrepresented their intention to reside in Canada when they were granted citizenship.
That is rather problematic. In the end, people are basically trapped in the country. That is not really fair. People should be given the freedom to choose where they want to live. If they are not happy in Canada but they want to keep their citizenship, they should be able to study or work abroad and have that experience. I do not see what the problem is with that, and I do not understand why the government would prevent people from having that sort of experience.
In closing, I will quote section 15 of the Canadian Charter of Rights and Freedoms:
Every individual...has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.