Bill C-24 (Historical)

Strengthening Canadian Citizenship Act

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

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.

[Ahmed Hussen, Liberal, York South—Weston, ON]

I can't speak to the anticipated costs. What I can speak to is that Bill C-6 remains a priority for us because it removes the obstacles to citizenship that were implemented by Bill C-24.

[Ahmed Hussen, Liberal, York South—Weston, ON]

On Bill C-6, we anticipate and are hopeful that the Senate will pass C-6 so that we can move very quickly on removing obstacles to citizenship brought in by Bill C-24. Whatever is in C-6 that would require changes to the regulations is something that we will also move very quickly in the—

Immigration, Refugees and Citizenship

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Immigration]

Mr. Speaker, I thank the member for Vancouver East for her question.

As the member is aware, our government is already moving forward with its commitments to repeal certain provisions of Bill C-24, including provisions relating to the revocation of citizenship on national interest grounds.

That said, while we want to ensure that citizenship requirements are fair and flexible, Canadians also want to protect the program from abuse. I understand the member's comments related to both citizenship revocation and cessation provisions, and I will address both of those.

On the citizenship revocation, that is available under four grounds: misrepresentation, fraud, knowingly concealing material circumstances, or where national interest grounds are at stake. As part of Bill C-6, which has been voted on and passed third reading in this House, provisions relating to citizenship revocation under national interest grounds are being repealed, which is a step in the right direction I think we would all agree.

With respect to the other grounds related to misrepresentation, fraud, and knowingly concealing material circumstances, the most serious cases are prioritized, such as those involving serious criminality or organized fraud. There have been several large-scale fraud investigations across Canada, which have led to the increase in citizenship revocations.

Canadians are proud of their citizenship, and our government is committed to upholding the integrity of that citizenship. The ability to revoke based on fraud has been in place since the inception of the act in 1947, and will continue to do so.

This tool is very important in ensuring that the program remains effective, as the Auditor General indicated in his report.

As things stand now, the minister has the authority to revoke citizenship in basic fraud cases, such as residence fraud, identity fraud, and criminality. The Federal Court has the authority to decide on more complex cases where the misrepresentation is in relation to concealing facts relating to inadmissibility for security violations, human or international rights violations, or organized crime.

With respect to the revocation process, which has been underlined here by the member opposite, under the authority of the minister, once individuals receive a notice of intent advising them that their citizenship may be revoked, along with the evidence that the notice is based on, they are given the opportunity to provide submissions and evidence relating to the case to the decision-maker, which can be taken into consideration.

These are some of the due process components that have to be emphasized to the member opposite. While we are open to suggestions on how to improve the due process protections, certain protections exist at present. In certain circumstances, for example, an oral hearing may be held. Personal circumstances of the individual, including any hardship that may be caused, can be taken into account by a decision-maker.

With respect to the cessation provisions, I know the member opposite has spoken about this. She is an advocate for this provision. We are looking at the cessation provisions, because certain aspects of those cessation provisions, including the retroactivity component and including the ability to revoke not just the refugee status but also the permanent residency of an individual, are aspects that are concerning to this government. We will, indeed, be analyzing those very provisions that have been raised by the member opposite.

I want to underscore, once again, there are due process protections in place for revocation of citizenship, including what I have outlined, but also the fact that a judicial review can be sought with leave to the Federal Court of Canada.

The minister has said publicly many times in this House, and in the Senate where Bill C-6 is currently, that we are open to considering enhancements to the current process for revocation for citizenship fraud, and that is exactly what we will do should those suggestions be made.

[Rana Zaman, As an Individual]

I'm a little nervous. I'm not as learned as the other gentleman that was here. I'm here as one of the people, one of the immigrants. I'm not a political person. I just got a wake-up call with the last government when this bill was passed. It made me jump out of my complacency and my trust in the government was just eradicated because I thought you were all very wise, caring people who looked out for the benefit of everyone and I mean everyone. You passed a law that I couldn't imagine, it was like George Orwell's1984 kind of thing coming through for me, but it affected my children directly who are born and raised here and never have been back home, which I call home. I've only been back twice myself.

The whole idea under this law gives such unlimited power to a body that doesn't really have to answer or show proof really of anything except suspicion of intent. Please correct if I'm not as versed as I should be about this law, but I just have the basics, as I've said.

I couldn't believe that. I said these kids, how are they not as Canadian as anyone else who was born and raised here, who has never been anywhere else. If they, in their youth, in their stupidity, did something as a protest or anything that was somehow defined as a terrorist act by this body, what would happen to them? They'd be sent home where they have never been. I thought that's not possible and yet someone here, who was considered old-stock Canadian, would not be considered under the same law because they were considered Canadian.

I think that's where the second-class citizen idea came from. Bill C-24 and Bill C-51 were the two ones that really made me understand. As I said, I apologize, I'm not a politician yet, so I'm learning.

My whole point is that listening to that gentleman, I learned a lot right now. Basically we're giving power—according to the first gentlemen and the second—to an entity that really is not answerable in many ways and we know that “absolute power corrupts absolutely”. You just have to keep in mind that it affects you as well. I can't imagine how a government passed something that would interfere in your own personal information. I understand people are saying, "Well, I'm innocent, it doesn't matter". How many people in the past who have been innocent have been railroaded for a crime they didn't commit or for some reason they were on the wrong person's radar? We have to look at this very carefully.

Also simple things such as the fact that they can observe you at any time based on any comments that you can make. How do you know the person on the other end is absolutely of a moral fibre that they won't abuse that power for their own benefit, if they have a personal beef against somebody? “I'm going to go in and tune in on that person and see what they're doing.” How do you know that their children...? God forbid, if someone who's a pedophile or something is not zooming in using your cameras and things to just basically get information about you and your family. These people are human beings. They're connected to other human beings. The possibility of abuse of power exists at any level. So my whole thing about this whole bill is the fact that it really infringes on a person's right and their privacy. It's just too much power for one organization to have. They can go to that level and not be answerable or not have to go to a judge or somewhere to get one to say we need to look into this person because they made these comments, they've made this kind of background.

And we're really kind of monitoring now even simple comments that we're making by phone or trigger words. It's just a frightening concept in a frightening future and I think you can hear it in my voice. We look up to you as our leaders and this affects you as equally, so how are you not afraid of it?

That's all my questions.

[Marco Mendicino, Liberal, Eglinton—Lawrence, ON]

First of all, thank you very much for sharing that with us.

I just wanted to let you know that with regard to Bill C-24, the House of Commons did pass it on third reading, so it is in the Senate right now being debated. That's just a matter of clarification for you.

[Kathy Shimizu, As an Individual]

Hi, my name is Kathy Shimizu. I'm also not very.... I was very prepared, but I think now I'm not very prepared.

I just wanted to speak because I'm also a member of the Greater Vancouver Japanese Canadian Citizens’ Association human rights committee. I'm a Sansei—I'm a third generation Japanese Canadian—and both my parents and their families were interned during the Second World War. So I ask you to repeal Bill C-51, which I guess is now a law, along with Bill C-24.

The rights of Canadians have been violated in the past, and this law is the same. It goes down that road, and it's dangerous to the rights of all Canadians. Bill C-51 is not needed because the Criminal Code covers all of the illegal activities that it purports to help us fight. If people are doing illegal activities in Canada, the Criminal Code covers this. You don't need this. As other people have said, this is draconian. It's about racism, and it's about fearmongering, and I ask you to learn from history. Don't make the mistakes of the past.

As a Japanese Canadian I am proud of my heritage and the Government of Canada has already acknowledged that it was a totally wrong act to imprison its own citizens. This kind of bill leads to the same kinds of things, and I ask you to stand on the right side freedom and the rights of all Canadians.

Thank you.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair.

I thank the minister and his staff for coming before the committee.

First I would like to ask the minister why at this time the ministry is continuing to revoke the cases of up to some 60 individuals each month who have been found to have misrepresented their citizenship application. The minister acknowledged publicly that there isn't procedural fairness for processing these cases because they don't have that under Bill C-24 and it has not yet been fixed under Bill C-6, so an individual family could be impacted including children who may have, through no fault of their own, been caught up in the situation through the misrepresentation. Will the minister agree that a moratorium should be put in place with respect to revoking citizenship applications based on misrepresentation until such time as the process has been addressed?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Madam Speaker, I thank the member for Vancouver East for raising the point about the litigation. However, I believe she would be aware and members of the House should be informed that the litigation was actually placed on hold pending our government's commitment to reform Bill C-24 by Bill C-6, and we have done exactly that. In its most glaring constitutional violation, Bill C-24 jeopardized people's citizenship based on their places of origin in terms of the ability to revoke, based on national security grounds, the citizenship only of people who were not born here. That change has been made and the litigation has been put into abeyance.

The submissions made by the B.C. Civil Liberties Association and other members who attended at committee have been heard. We have received those documents, we are reviewing them, and we look forward to enabling better and more constructive due process provisions going forward in respect of citizenship revocation when it arises in the case of misrepresentation.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, the issue is about revocation of citizenship without providing due process.

The B.C. Civil Liberties Association and the Canadian Association of Refugee Lawyers have been fighting the blatant violation of the constitutional rights of Canadians since the Harper Conservatives brought in Bill C-24. It has been almost a year since the Liberals were elected and they have failed to deliver in making the changes. There is no question that immediate action is needed, and what is more, it is possible. It is not too late to act.

As reported on CBC:

If [the Minister of Democratic Reform]'s birthplace was misrepresented on her citizenship application as well, that would be grounds for revocation of citizenship, regardless of whether it was an innocent mistake or the fault of her mother, said immigration lawyer Lorne Waldman.

And if the misrepresentation was on her permanent residence and refugee applications, she could even be deported....

This has to change for everyone and I would urge the government to take action now.

[Arif Virani, Liberal, Parliamentary Secretary to the Minister of Immigration]

Madam Speaker, the question on the Order Paper of the member for Vancouver East actually dealt with a substantially different issue, so I will address both in my comments.

The question on the Order Paper related to a matter that relates to funding for language instruction classes for newcomers and settlement services. She received a response from the minister at the time, which I can reiterate and add to. The government takes very seriously the issue of the settlement of all newcomers, particularly in the case of Syrian refugees. On top of the $600 million in funding that was provided in 2016-17 to settlement agencies, an additional pocket of $37 million has been dedicated just for Syrian refugees and their resettlement. We take very seriously the issue of people not only being housed but also being linguistically trained so that they can access the workforce.

In respect of the comments of the member for Vancouver East regarding Bill C-24, I obviously have a very different description of what has transpired with respect to our tabling of legislation, Bill C-6, the significance of that tabling, what it has done, and what it will continue to do for Canadians.

The member made extensive submissions at committee with respect to one particular issue, and I will get to that issue in a moment, but by tabling Bill C-6, we have shortened the time frame for which people are eligible for citizenship. It has been reduced from four years to three years. We have rendered citizenship more accessible by restricting the citizenship testing requirements only to persons aged 18 to 55. It used to be required for anyone as young as 14 and anyone as old as 65. We have also given credit to individuals, such that time spent here prior to becoming a permanent resident can be attributed to one's citizenship eligibility on a factor of 50%, such as temporary foreign workers and international students.

Most importantly, we have also emphasized something that affects me and many members of the House, which I spoke about already in respect of Bill C-6, and that is that we have eliminated the part of the legislation brought in by the previous government which implemented a system whereby one's citizenship could be revoked based on grounds of national security, only for those people who were not born in this country. That is the point about making sure a Canadian is a Canadian is a Canadian. I am very proud of that legislation, and the minister and the department stand behind it.

With respect to issues about revocation of citizenship based on fraud or misrepresentation, it is an important point highlighted by the member for Vancouver East. The issue of revoking citizenship for fraud has existed since 1947, since the Citizenship Act was created. Revoking for fraud maintains an important aspect of what we must do as a government. We revoke for fraud in certain instances, for example, if somebody hides the fact that they participated as a war criminal in some foreign conflict. If that is not presented to officials and is later discovered, we will intervene and revoke that citizenship. It is something Canadians expect us to do and something that this government will continue to do.

The important point raised by the member for Vancouver East, however, is the procedural protections and due process that are or are not available in such revocation contexts. I was at those committee meetings with the member opposite and we heard the submissions. They were important submissions and those changes are not taking place in this form of the bill at this juncture because of the structural and regulatory changes that would be required in terms of the overall apparatus and machinery of government.

Does that mean that they are off the table? It certainly does not. The minister answered a question on this just today in question period in respect of the possibility of looking at such changes going forward.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I rise today to further debate the issues related to our immigration policies. At different junctures, different administrations have adopted different approaches and values to Canada's immigration policies. Irrespective of the actions of different administrations, Canada is a democratic country based on some very fundamental principles. Canadians value our constitutional rights.

Under the Harper Conservatives, in June 2015, Bill C-24, Strengthening Canadian Citizenship Act passed and became law. The law created two classes of citizens, those who could have their citizenship revoked and those who could not. Under Bill C-24, some Canadians are more Canadian than others, because some Canadians are afforded more rights than others simply because of where they were born.

On June 9, 2014, the Minister of Immigration while in opposition stated:

We object in principle to the arbitrary removal of citizenship from individuals for reasons that are highly questionable and to the very limited opportunity for the individual to appeal to the courts against that removal of citizenship.

When the Liberal government was elected the Prime Minister stated very clearly that there would be real change. Real change should have meant that the government kept its promise to repeal Bill C-24. That did not happen. Real change should have meant that at minimum Bill C-6, an act to amend the Citizenship Act, introduced by the minister on February 25, 2016, fixed the major problems under Bill C-24, especially the sections that violated our constitutional rights. That did not happen either.

There is a gaping hole in Bill C-6. It failed to fix the lack of procedural fairness and safeguards for individuals facing citizenship revocation due to misrepresentation or fraud, whether or not the misrepresentation was the result of an honest mistake. Even if a child's parent presented misinformation on the application for whatever reason, the child's citizenship could still be revoked and the case could not be argued based on humanitarian and compassionate grounds. Simply put, they have no right to a hearing. This is because the Harper government, under Bill C-24, eliminated the right for an independent and impartial hearing. It also eliminated consideration of equitable factors, or compassionate and humanitarian factors, that could prevent a legal but unjust outcome.

At committee, I tabled substantive amendments to ensure that individuals who face citizenship revocation have the right to a fair and independent hearing and an appeal process. These had broad support, included from the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the B.C. Civil Liberties Association, the Canadian Council for Refugees, Legal Aid Ontario, and many others. As long as the rules established under Bill C-24 remain, the Prime Minister's declaration that a Canadian is a Canadian remains elusive. The unfortunate reality is that individuals currently in the citizenship system facing revocation due to misrepresentation still lack the fundamental right to judicial process. It is not a joke that people fighting a jaywalking ticket have more rights than those at risk of losing their citizenship.

Even though the Minister of Immigration acknowledges this is wrong, the Liberal government is aggressively pursuing citizenship revocation of up to 60 Canadians each month under the unfair and unconstitutional process established by Bill C-24. This needs to change.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, to strip someone of their Canadian citizenship is a very serious matter.

Stephen Harper's Bill C-24 took away due process for Canadians, even in the case of an honest mistake. The Liberals promised a full repeal of Bill C-24, but so far they have failed to deliver. In fact, the government is aggressively pursuing citizenship revocation for up to 60 Canadians every month.

When will the minister fix Bill C-24? Will he halt citizenship revocation until fairness has been restored?

Citizenship Act

[Bob Saroya, Conservative, Markham—Unionville, ON]

Madam Speaker, it seems, from past experience, that the Liberals are always on the aggressor's side but never on the victim's side. This is what our party and Conservative MPs bring, they are more for the victims rather than the aggressors.

Going back to Denmark, and many other countries, that sort of punishment makes a difference. That sort of thing puts fear in their minds that if they do certain things, they will no longer be living in this country of Denmark or wherever.

This is exactly why the Conservative Party of Canada brought in Bill C-24. It was to put the fear in those people who want to commit crimes against humanity, against Canada, against all those things. We want to make sure the fear is there so they do not commit those crimes.

[Marwan Tabbara, Liberal, Kitchener South—Hespeler, ON]

Madam Speaker, everyone in the House would agree that the main argument the Conservatives are giving is that they want to keep Canadians safe, and I understand that argument. Do they not feel that all Canadians who commit crimes should face the consequences of their actions through the Canadian judicial system? That would keep Canadians safe. If someone commits a crime, that individual should be subject to our judicial system and should be put in prison. That would keep everyone safe.

My colleague mentioned the Toronto 18. I want to give him an example. A family comes to Canada. One child was born overseas and another child was born in Canada. Say both of those children committed a crime here. Under our Canadian judicial system would they both not be considered equal under our laws? Under Bill C-24, one of those children would have citizenship revoked but the other would not. That would not be considered equal justice under the law.

I wonder if the member could comment on that.

[Bob Saroya, Conservative, Markham—Unionville, ON]

Madam Speaker, I am also puzzled by the same situation. I had a call two weeks back from somebody in Scarborough. The person claimed that somebody had made a minor mistake on an application for citizenship 25 years ago. That individual has kids and grandkids and has been told that he has to leave the country.

The member talked about balance. Bill C-6 has no balance. Is committing fraud worse than committing a crime against humanity or a crime against the country?

I talked to another colleague who said that nothing has changed in Bill C-6 compared to Bill C-24. Before the Conservatives took office, the citizenship application fee was $1,500. We brought that down by $500. The Liberal government has not brought anything down.

There are many other issues—