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.

Strengthening Canadian Citizenship Act

[Wai Young, Conservative, Vancouver South, BC]

Mr. Speaker, some 25 years ago I led the working team that developed the language training program for across Canada. Level 5 at that time was developed but it was never implemented consistently across Canada. I am so pleased to see in Bill C-24 that it will be implemented consistently because newcomers need this level of language for emergency purposes and for life skills. We are not asking for university-level English whatsoever. We are asking for basic life skills.

[Costas Menegakis, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I want to thank my colleague the hon. member from Vancouver South for really hitting on the key points in Bill C-24, the strengthening Canadian citizenship act.

I was touched when she related some of her personal stories about her family coming here. She has worked tirelessly not only as a member of Parliament since her election to this place but before with many newcomers coming to Canada.

Does my colleague think that strengthening Canadian citizenship by asking newcomers to be better integrated into Canada by learning better one of the official two languages of the country, and spending an extra year here, four out of the last six years, would assist them in moving forward with their lives in this new country of theirs? Would that give them a better opportunity for more progressive outcomes in their lives moving forward?

[Wai Young, Conservative, Vancouver South, BC]

Mr. Speaker, I am thankful for the opportunity to contribute to this debate on Bill C-24. I am pleased to know that implementing the measures in this bill would protect and strengthen the value of Canadian citizenship at home and abroad.

I have been fortunate to have travelled to many countries around the world, both as a private citizen prior to becoming elected and also as an MP for my great riding of Vancouver South. In each of the countries that I have had the opportunity to visit throughout the world, I am proud to say that as a Canadian citizen, I have been warmly welcomed, treated with respect and often with envy. This is because, as I am sure all of my hon. colleagues in this place would agree, we are extraordinarily fortunate to be Canadian citizens.

In fact, these people-to-people and real experiences show us time and again that when we share our citizenship with others, and as public opinion research confirms, there are millions of people across the globe, even in highly developed countries, who dream of becoming Canadian citizens. My own life experience and that of my family closely mirrors this fact. Both of my grandfathers came to Canada in the early 1900s, fulfilling their dreams of coming to Gam Saan, which translates from Cantonese to mean “Gold Mountain”. Even then, Canada was seen as a land of opportunity, freedom, and new life.

For over 140 years, Chinese immigrants have come to Canada, building communities, building the railroad, and contributing toward building Canada. These values of seizing opportunity, hard work, diligence, dignity, and respect are values that infuse Canada and embody the Canadian values that we all hold dear. I am proud to say that two generations later, I too was able to emigrate to Canada, learn English, and become a citizen at age 13.

Due to my life experiences as an immigrant, as a Canadian, and now as a legislator, I believe that it is our duty to continue to protect and strengthen the value and privileges of our citizenship and to ensure that its acquisition ensures knowledge of our country and the duty of necessary citizenship responsibilities that Canadian citizenship should confer. If we do not value and hold our citizenship dear to us, how then can we maintain our value to others around the world? After all, Canada has always stood for freedom, equality, and respect for the rule of law built around a model of compassion, care, and the great strength of our diversity.

We must, therefore, periodically update and set standards that are necessary to make our citizenship relevant, current, and reflective of the global world in which we live, thus enabling us to maintain its high value and respect wherever our citizens may go. Bill C-24 is such a bill. It takes an old, worn bill of 36 years and implements new standards that are required for a modern, first-class country that is Canada.

The Standing Committee on Citizenship and Immigration had the opportunity to listen to key testimony on this bill. Salma Siddiqui of the Coalition of Progressive Canadian Muslim Organizations had this to say:

I have heard concerns that Bill C-24 represents a knee-jerk reaction or that it serves a...political process. I disagree. Bill C-24 represents an assertion of the pride we hold in our values of an open, liberal democracy, where our freedoms are applied to all.

I could not agree more. We should all be grateful for our rights and freedoms in Canada, but we must also recognize that citizenship is about more than a legal status or just a title. It is also about the responsibilities that we all have in our country and to our communities.

In recent years, our government has taken a number of steps to strengthen the value of Canadian citizenship. Unlike the opposition, we will not a turn a blind eye to citizenship fraud and those who cheapen the value of Canadian citizenship. One important responsibility for anyone who wishes to acquire Canadian citizenship is to understand who Canadians are as a people, where we come from, and what values define us.

To help ensure that new citizens share a common understanding of Canada's history, traditions, and institutions, the government introduced a new citizenship study guide in 2009 called, “Discover Canada: The Rights and Responsibilities of Citizenship”.

Citizenship applicants study this guide to learn about Canada and what Canadian citizenship means, and to prepare for their citizenship test. This was the first substantial update of Canada's citizenship guide in almost 15 years.

We are proud that “Discover Canada” contains meaningful information about Canadian history, important symbols, shared values, balanced rights and responsibilities, and critical institutions. It also imparts a better understanding of and appreciation for our country, and shares information about how Canada was founded in diversity.

The contents of this guide now form the basis of the new citizenship test, which asks applicants to demonstrate their understanding of the chief characteristics of Canadian history, geography, and our system of government. To pass the test, prospective citizens need to have knowledge of our country, which better prepares them to assume the obligations and responsibilities of being Canadian citizens and to join Canadians in celebrating what it means to be Canadian. Without this foundational knowledge, citizenship becomes meaningless, just another government form to fill out. After all, it is this knowledge of who we are and the shared celebration of it that make us the great nation that we are.

It is inspiring to learn that since its introduction in 2009, “Discover Canada” has proven to be massively popular, not only with newcomers to Canada, but also with established Canadian citizens. Hundreds of thousands of copies of this guide have been distributed across Canada. This demonstrates that Canadians have a real thirst for knowledge about our country.

Our government has also promoted a number of other measures that reinforce the value of Canadian citizenship. Of course, Bill C-24 is just the latest example of this, but it is not the only one. For example, in November 2012, our government implemented an assessment of the language abilities of new citizens to be standardized across Canada so that new citizens would have a basic language that they would need to communicate in emergency situations, to meet neighbours, or to conduct basic life skills. For decades, studies have clearly shown that the success of newcomers to Canada is directly correlated to their proficiency in either of Canada's official languages, French or English.

As Canada faces an aging population and we need more immigrants, we need to ensure that we attract immigrants who can be successful as soon as possible. The new language proficiency test at level 5 is very basic and would therefore ensure that our new citizens have the most important tool that they will need to succeed in Canada. That is the ability to communicate in one of our two official languages, enabling their full participation and success in Canadian society.

On May 12, the committee had the privilege of hearing the testimony of Paul Attia, from the organization Immigrants for Canada. He explained that language capabilities are essential not only for economic success, but also for integration. This is something that I have lived myself. He said:

Language is a unifier....Even on a values front and a cultural front, the mere fact that you have the capacity to turn to the person to your left or the person to your right and have a conversation with that person automatically creates a natural connection.

For myself, and for the many new citizens in my riding, we value sharing our diversity by using one of our unifying languages.

Canadian citizenship is more than a passport of convenience. It is a pledge of mutual responsibility and a shared commitment of values rooted in our history for our mutual future. This is why the measures in Bill C-24 are so important.

The bill before us today is another great example of the reforms that our government has introduced to strengthen and protect the value of Canadian citizenship. I urge my hon. colleagues to support these necessary measures and to ensure that Bill C-24 passes into law.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, before I begin, I would like to note that I will be sharing my time with the member for Vancouver South.

I am honoured to rise in the House tonight to speak to our government's Bill C-24, the strengthening Canadian citizenship act. This legislation would be the first major overhaul of the Citizenship Act in nearly a generation.

While Bill C-24 touches on a variety of areas, all of which would make important changes strengthening the integrity of the immigration system and preserving the value of Canadian citizenship, there are several areas I am particularly passionate to be speaking to tonight. Those areas of the bill encompass the entirety of my former private member's bill, Bill C-425. When I first introduced my bill, I gave the reasons for tabling that legislation. My intention was to reward permanent residents for their service in our Canadian Armed Forces and to underscore the immense value of Canadian citizenship by revoking it from those convicted of terrorism or treason.

I would like to extend my sincerest thanks to our hard-working Minister of Citizenship and Immigration and member for Ajax—Pickering for keeping those provisions of my bill alive by drafting them into Bill C-24. I would also like to thank each and every one of my current Conservative colleagues on the citizenship and immigration committee for their diligent work, and also those who have contributed long hours spent keeping these ideas alive in the face of unrelenting opposition filibustering last year.

I believe the importance of this legislation cannot be overstated. It is good news for new Canadians, good news for settled Canadians, and good news for those hoping to become Canadians, and I will tell members why.

Bill C-24 would honour our Canadian Armed Forces by fast-tracking citizenship by one year for permanent residents serving Canada in our military who have stated their intention to become citizens. As members know, service in the Canadian Armed Forces is unique. We call on our soldiers to make the ultimate sacrifice, to risk their lives in faraway places away from their families in some of the worst conditions imaginable, and they do it gladly. They are willing to lay their lives down for their fellow Canadians. That is what makes service in the Canadian Armed Forces unique and deserving of the highest possible respect.

Bill C-24 seeks not only to support these brave men and women but also to strengthen and defend the values they stand for and protect. To do this, we must act to address one of the biggest threats facing Canada today: terrorism. Bill C-24 would allow for the revocation of citizenship for any dual citizen who is convicted of a terrorism offence, treason, or waging war against the Canadian Armed Forces as part of an armed group. This measure would bring Canada into line with virtually every other western democratic nation that has similar revocation laws.

Strangely enough, the opposition Liberals and New Democrats continue to strongly oppose this measure. I know what I am about to say is not new, but it seems to me that those members on the other side of the House need to be reminded once again, perhaps again and again, that the Canadian public overwhelmingly supports revoking citizenship from convicted terrorists.

If the members were to survey their own supporters or Canadians in general, they would find the following, according to a national poll conducted by NRG: over 83% of Canadians from coast to coast to coast support the idea of stripping citizenship from convicted terrorists; of those, 80% of people who identified as NDP supporters support this measure; and, 87% of those who identified as Liberal supporters also support this measure. Also interesting to note is that among those who were polled, when it comes to those born in Canada versus those not born here, 83% of immigrants support stripping citizenship from convicted terrorists versus 82% of settled Canadians.

I would like to know why it is that the opposition Liberals and New Democrats continue to choose to ignore the will of Canadians and the international community.

Some people might be surprised by the last figure I gave, but as an immigrant myself, and as the member of Parliament for the hard-working riding of Calgary Northeast, the most diverse riding in the country, I know that new Canadians as well as settled Canadians understand the need for this measure.

Canadians understand that when a dual national willingly decides to radicalize and participate in terrorist crimes, to carry out bombings, to plot the murder of his or her fellow citizens, this is damaging to the value we attach to Canadian citizenship.

We cannot wait for the terrorists to submit an application to renounce their citizenship. We must read into their actions a deemed renunciation of that citizenship. This measure is entirely consistent with our sister jurisdictions among western democracies.

I have spoken to many ethnic organizations, groups, and constituents in my riding and across Canada. The overwhelming majority support revocation of citizenship for convicted terrorists.

For example, Salma Siddiqui, president of Muslim Canadian Congress, had this to say while testifying on my private member's bill on March 26, 2013:

Canadians who are opposed to the values of our society should not be allowed to abuse the privileges that come with holding Canadian citizenship. We must act to strip Canadian citizenship from those who seek to exploit it for violent and illegal activities.

She also conveyed similar thoughts recently when she appeared at the committee to discuss Bill C-24.

Just last night I read an article in the National Post. Fawzi Ayoub, a dual Lebanese Canadian, was recently killed fighting in a terrorist group in Syria. He was a senior member of the terrorist group Hezbollah.

In fact, he has been on the FBI's most wanted terrorist list since 2009. His crimes include attempting to enter Israel in order to carry out a terrorist bombing and attempting to hijack a passenger aircraft in Romania.

Ayoub lived in Toronto for several years and mused about returning to Canada one day. Just imagine, if he had returned to Canada, what might have happened.

This illustrates precisely why we need Bill C-24 to become law. Canadians are angry that terrorists are using Canadian citizenship simply as a convenient way to fly under the radar in order to commit terrorist acts. In doing so, they are eroding the value of Canadian citizenship.

Under the provisions of Bill C-24, those convicted of a serious terrorism offence in Canada or in jurisdictions Canada recognizes as having an equivalent judicial system would no longer be able to use a Canadian passport to facilitate their terrorist activities abroad.

Revocation is not a provision I hope to see used regularly. Ideally, it would never be used. However, Canadians are increasingly concerned about the threat of home-grown terrorism. Terrorism is closer to home than we may think. Radicalization is happening in places we least expect: our cities, towns, and neighbourhoods.

Our security services are sounding the alarm bells about the dangers of home-grown terrorism. CSIS has reported it is tracking at least 80 Canadians who have gone overseas to participate in terrorist activities.

They will return to Canada further radicalized and armed with knowledge of how to carry out terrorist activities. We cannot allow radical terrorist ideologies to thrive in Canada. We must condemn these dangerous practices and give them no safe place to hide and absolutely no legitimacy whatsoever.

If we allow terrorists to keep the Canadian citizenship they have abused, we are sending a message that our citizenship is not about shared values, freedom, democracy, the rule of law, or loyalty. It sends the message that our citizenship is simply an entitlement.

I believe Canadian citizenship is much more than a piece of paper used for identification purposes. It does represent our shared values, and its value is something we need to vigorously defend.

We must let Canadians know where their elected representatives stand. I implore members opposite to set aside their politics and join me to unanimously support Bill C-24.

[Ève Péclet, NDP, La Pointe-de-l'Île, QC]

Mr. Speaker, unfortunately, my speech today is a casualty of time allocation. I was supposed to have the floor for 20 minutes, but thanks to the Conservatives, I will have only 10 minutes even though this is a very complex bill about a fundamental issue: Canadian citizenship. We have just a few hours to debate it in the House, and only a small percentage of members will have a chance to speak to it.

To begin, I would like to demonstrate how the Conservatives have, once again, adopted an ideological approach to the immigration system. I should point out that there is currently a moratorium on applications to sponsor a parent or grandparent. Fewer family reunifications are taking place. The Conservatives seem to think that is a quaint notion best discarded.

I remember one of the first speeches I gave in the House. It was on Bill C-4, which was about refugees. The Conservatives had made refugees their big issue. They punished refugee children by detaining them and punished vulnerable refugees by denying them the health care services they were entitled to. That illustrates the Conservatives' right-wing ideological approach to the immigration system.

I think it is important to point out that the bill will not solve any of the problems related to processing times. That is smoke and mirrors, because processing times are getting longer and longer. I know this because the people who come to my constituency office say that it can take two years, sometimes even longer. This bill will not help families, children, wives, husbands and grandparents reunite and become Canadian citizens. This is just smoke and mirrors. The Conservatives will not convince anyone that this bill will reduce processing times.

In my speech, I want to focus on two very important points, one of which is the constitutionality of the bill. I do not think the Conservatives have figured it out yet. Are they not tired of being turned down by the Supreme Court of Canada? This just goes to show how the Conservatives operate: they do as they please and could not care less about the Canadian Charter of Rights and Freedoms and our founding principles. They have no respect for Canadians, for democracy or for the parliamentary process.

The minister's ability to revoke citizenship creates two classes of citizens. One class for Canadians who have dual citizenship, and the other for Canadians who have only Canadian citizenship. For one offence, there are two different penalties. Why the discrimination? What is the ideology behind it? Simple, it is the Conservative ideology.

There are already mechanisms in place that do not fall under the minister's authority. Why is the minister being given the power to revoke someone's citizenship? Why is he being given the power to determine what penalty will apply in a given situation? That responsibility falls to a court, an independent organization, not a minister who is being told what to do by the Prime Minister's Office of a given party and a given government. I am not talking about the Conservative minister in particular, because another party could be in power. It is a discretionary power.

In a democracy like Canada, which is under rule of law, there must always be a court or a monitoring system in place to prevent the ruling party from making partisan decisions and using power for political reasons. That is fundamental. As it stands, no independent court can rule on the minister's decisions because the minister is being granted all the power.

It is of utmost importance to talk about the constitutional validity of revoking citizenship. In his speech, the minister said that it was possible to revoke citizenship after the Second World War, right up until 1977. At that time, the only ground for revoking citizenship was fraud.

I would like to ask the minister a question.

I would like the minister to tell me one thing. Would he like to turn the clock back to the days of World War II? Is that how far back he wants to go? It is 2014 and the Conservatives want to go back to World War II. Once again, we clearly see the Conservative ideology.

In committee, professor Audrey Macklin, the chair in human rights law at the University of Toronto Faculty of Law, quoted the Supreme Court and asked the following question:

Can you revoke somebody's citizenship in order to punish them for what we'll call crimes against citizenship?

The Supreme Court was clear:

The social compact requires the citizen to obey the laws created by the democratic process. But it does not follow that failure to do so nullifies the citizen’s continued membership in the self-governing polity. Indeed, the remedy of imprisonment for a term rather than permanent exile implies our acceptance of continued membership in the social order.

Ms. Macklin then said:

In other words, the Supreme Court of Canada stated quite clearly that punishing somebody by depriving them of their constitutional rights, indeed, by denying them all constitutional rights and casting them out in the name of the social contract, is not constitutional. It isn't constitutional to deny somebody the right to vote, just in order to punish them. That's one right under [section 11 of] the [Canadian] charter [of Rights and Freedoms].

Therefore, depriving a person of their constitutional rights is unconstitutional.

How can the minister rise in the House today and grant himself powers that violate Canadians' fundamental rights and the Canadian Charter of Rights and Freedoms? If he cherishes his country, then he also cherishes fundamental rights and the Canadian Charter of Rights and Freedoms.

I would like to finish my speech by mentioning that section 11 of the Canadian Charter of Rights and Freedoms guarantees the right not to be punished twice for the same offence.

The list of crimes in Bill C-24 includes terrorism and treason, and sentences are imposed by an independent tribunal, not a minister. That is a punishment that must be imposed on a criminal, not the revocation of his citizenship.

I would like to reiterate that section 11 stipulates that a person cannot be punished twice for the same offence. As a result, under the Canadian Charter of Rights and Freedoms, the sanction imposed by an independent tribunal is the one that must prevail. The discretionary power that the minister is giving himself is not constitutional.

Patti Tamara Lenard, an assistant professor at the University of Ottawa's Graduate School of Public and International Affairs, testified that:

...the bill grants the Minister of Citizenship and Immigration the discretion to revoke citizenship in too many cases. Currently, as written, the bill would give the minister discretion to revoke citizenship in cases of fraud, but there is no requirement...for a court to evaluate if fraud in fact did occur.

This bill gives the minister, who is not necessarily qualified and who is not an independent tribunal, the authority to determine what constitutes fraud.

What is more, there is no way to appeal that decision. There is no independent body to oversee the minister's decisions.

Once again, the Conservative government has decided to impose its right-wing ideology and give itself powers that violate Canadians' fundamental rights.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, that was a rant from the Minister of Citizenship and Immigration. That was not really a speech full of any facts. I wonder whether the minister has borrowed his facts from Kijiji because we have seen that before with the Minister of Employment and Social Development with regard to the temporary foreign worker issue. However, I will leave that for today and speak to the bill.

There are quite a few holes in the bill. One of my constituents said that the holes were big enough to drive a truck through. I will try to lay it out and I would ask members to pay attention, because there may not be that many holes to drive a truck through. Maybe we could make some sensible changes to improve the legislation.

I am pleased to stand in the House today on behalf of my constituents from Surrey North to address Bill C-24, which intends to strengthen the Citizenship Act.

We in the official opposition, along with many experts and Canadians from across the country, are very concerned about a number of aspects in the bill.

We agree that changes to the Citizenship Act are greatly necessary and long overdue. This act has not been revised since 1977 and some elements of Bill C-24 would create clear injustices.

In addition, Canadians continue to face ridiculously wait times for citizenship applications.

Even though some changes are necessary, the bill is another example of the Conservative government's use of power to make secretive, arbitrary decisions by cabinet ministers.

I will first speak to a couple of good things in the bill. There are not a lot, because as I have pointed out, we could drive a big truck through the many holes in the bill.

I will be splitting my time with the member for La Pointe-de-l'Île, Mr. Speaker.

The bill would do a couple of things that I do agree with and they should have been addressed a long time ago. The issue of so-called lost Canadians is addressed in the bill. The NDP has fought hard for many years to get this matter resolved. We are happy the Conservatives are bringing this forward as a result of pressure from the opposition.

The other positive aspect of Bill C-24 is the part dealing with expedited access to citizenship for permanent residents who serve in the armed forces, which the NDP supported in the last session with Bill C-425. However, for a bill that is over 50 pages long, it completely fails to accomplish what it is supposedly intended to do.

Instead of addressing the current problems, Bill C-24 would arbitrarily attribute more unnecessary powers to the minister, prolong naturalization, treat many Canadians like second-class citizens and create more injustices.

Our citizenship and immigration system is flawed. We need a bill that would actually strengthen Canadian citizenship, not one that is not even constitutional. I say that because we have heard from many experts. We have heard from the Canadian Bar Association and from lawyers. They point out the unconstitutionality of many parts of the bill, and yet the Conservatives are not willing to hear all of that.

I pointed to some of the good points of the bill and now I would like to take a look at some of the points that are really worrisome. Let us take a look at the aspect of intent to reside.

Basically, under Bill C-24, if granted citizenship, a person must declare his or her “intent to reside”. The goal of this provision is to ensure Canada's expectation that new citizens live and work in the country after completing naturalization. However, this change would empower officials to speculate on an applicant's future intentions. It portrays the image of immigrants as deserving of suspicion and mistrust, and also treats naturalized immigrants as second-class citizens.

The vagueness in this provision will severely create travel restrictions. International mobility will be imperative. It allows Canadians to study abroad, see their families and become globally aware. If Bill C-24 passes, naturalized citizens will lose this fundamental right.

Citizens who travel abroad for honest reasons may face losing their citizenship because they misrepresented their intention to reside in Canada when they were granted citizenship.

The Minister of Citizenship and Immigration could revoke citizenship under the false pretence of fraud. There would be no appeal, no hearing and no public knowledge of this, which brings me to another concern, and that is the powers of the minister. The bill would grant the minister more powers.

Bill C-24 would place unnecessary powers in the hands of the minister. If the bill is passed, the minister will have the authority to grant or revoke citizenship without public knowledge or any form of judicial process.

I am really worried about this aspect of the bill, because the minister will get to decide whether to revoke somebody's citizenship. There is no process, no hearing and the public will not even know about it. That is really worrisome.

Peter Edelmann, a Vancouver immigration lawyer who sits on the executive of the Canadian Bar Association, said:

What’s happening here is they’re proposing that citizens could lose their citizenship on a paper-based process with no hearing at all and no independent tribunal--forget about going in front of a judge to make the decision; you may not get to speak to or even see the officer...

This is clearly unconstitutional. The Canadian Bar Association is saying this, yet the government is not listening to some of the top lawyers in the country who point to the unconstitutionality of this power grab by the Minister of Citizenship and Immigration.

It is not surprising to me, because I have been here a number of years now, that the Conservatives are using bills to grant themselves more discretionary powers. We have seen this in many other bills in the House where they are consolidating the power.

A Conservative member is chirping at me, Mr. Speaker. I ask you to ask those members to pay attention and maybe they will learn one or two things, oppose the bill and actually work for Canadians rather than chirping away when another member is speaking.

The Conservatives love power, even if it is at the cost of Canadian democracy and justice. By giving the minister these new powers, Canada is taking a step backward and opening the doors to decisions that are subjective and politically motivated.

Instead of providing solutions to the issues Canadians face every day, the Conservatives are using the legislative process to give themselves even more power than they already have. Unfortunately, they are not worried about the process because they have a so-called small majority, and they are ramming these changes through.

There are many other issues I could discuss such as the unconstitutionality of a number of things in the bill. There are fees and language testing issues. It seems that the only consultations the Conservatives have done in drafting the bill is among themselves or they have gone to Kijiji, as they have done before. We see time and time again Conservatives are not willing to take any sort of advice from neither the opposition, nor from the experts who testified before committees.

Along with my NDP colleagues, I will continue to fight for a fair, efficient, transparent and accountable immigration system. I urge the Conservatives to stop battering democracy and start listening to Canadians.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, my colleague is correct. A private member's bill a Conservative member brought forward actually did exactly what he suggested, and that was revoke people's citizenship and create a situation of statelessness. When that bill was studied in committee, we realized how poor it was, and the Conservatives decided to kill it. Of course, they changed it from the quality work the committee did. They amended that bill, put it into Bill C-24, and are now creating two tiers of Canadian citizenship.

The answer to his question is that there are people who have only Canadian citizenship, whether it is through birth or naturalization or from renouncing another citizenship they may have had. There are also people who have dual citizenship. What is happening is that people who have dual citizenship are now being discriminated against. Because they have dual citizenship, the minister in Canada has the opportunity to revoke their Canadian citizenship and send them to their home countries, whether they have ever been in those countries or not. They could have been born in Canada, and for whatever reason have access to another citizenship. The Canadian minister can now take away their Canadian citizenship, their country of birth, just because they might have a claim to another citizenship.

[Rathika Sitsabaiesan, NDP, Scarborough—Rouge River, ON]

Mr. Speaker, I am really grateful that I have the opportunity to speak to the bill before us today in the House because there are so many other bills that I wanted to speak to. The government consistently forced the ending of debate, whether it was through closure or time allocation. Its record now stands at 60. Even on this bill we are speaking under time allocation. I really wanted to do a full 20-minute speech, but now I do not have the time to do this.

In February, the Minister of Citizenship and Immigration tabled Bill C-24. He stated that the bill and the changes within it are meant to actually reduce citizenship fraud, increase efficiency of the system, and reduce backlogs. He said that it would “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”, yet the bill is not actually doing much of any of that.

I personally value my Canadian citizenship very much and I am sure everyone agrees overall that Canadian citizenship is something of enormous value to everyone. All Canadians value it very much. I do not want to see changes to our system at citizenship and immigration that play partisan politics with something that is so fundamentally important to so many.

I welcome some of the changes in the bill as it does address some long overdue deficiencies in our current system. However, many of the other changes proposed in the bill cause much concern and need significant amendments to ensure the protection of our valued Canadian citizenship.

In the Standing Committee on Citizenship and Immigration, of which I am a member, we have been doing a pre-study on the subject matter of the bill. We have had presentations and witnesses, but we have many more write to the committee hoping that they would be able to appear at committee when the bill is sent back to committee for actual study. Considering the fact that the Conservatives have now moved time allocation in the House on the debate, I am scared and nervous that we are not going to do a full study of the bill when it is sent to committee and that we are not going to be able to hear from more witnesses.

I want to list a couple of the organizations that have sent in requests to appear. These are not individual Canadians. Individual Canadians who want to make a presentation at committee should be able to. The United Nations High Commissioner for Refugees wants to make a presentation, but will not be able to. Amnesty International wants to make a presentation, but will probably not be able to. These are expert witnesses who want to speak at committee about the bill, but I am scared that we will not be able to do a proper study of the bill when it gets to committee.

A positive element of the bill is the issue of the lost Canadians. It is high time that this issue is addressed. It is an unfair situation that has gone on for far too long. We heard from the Canadian Council for Refugees and a couple of other witnesses who welcomed the measures to address the unfair exclusions from citizenship that have been allowed to go on for decades. They are, of course, the lost Canadians who are pre-1947 cases.

However, the council said that it regrets that there are no measures to address the unfair situations created by the 2009 amendments by the government to deny citizenship to the second generation born abroad. Canada is now creating a new set of lost Canadians and making some children who were born to Canadians stateless. We are signatories to the UN convention for the prevention of statelessness and this is what is happening.

Even though I said I am going to be speaking about good things, there is a sprinkle of bad even in the good.

Another good item in the bill is expedited citizenship for permanent residents who are currently serving in the Canadian Forces. When we did another study in the citizenship committee, I remember that a representative from the forces gave us actual statistics. He said it is about 15 people on average. What it would do is shorten the residency requirements from the new four-year requirement to three years for permanent residents who are serving in the armed forces. It is a great way to thank those people who are serving in the forces.

A third good thing is stricter rules for fraudulent immigration consultants. It is high time we finally regulated these immigration consultants. The NDP has been calling for the regulation of immigration consultants. We do not tolerate or condone any form of immigration fraud. We have pushed the government to develop tough legislation to crack down on the crooked immigration consultants. We have been supportive of anti-fraud measures. We would like to see increased resources for the RCMP and CBSA to continue to identify these fraudsters who are hurting a lot of citizens in Canada and are increasing the work in many of our MPs' offices, to be honest.

Now I am going to move on to the negative aspects of this bill. I do not have enough time left to go through the many bad things in this bill.

This bill would create far too many new barriers to citizenship. It would create a longer waiting period to qualify for citizenship. It would not actually give any value to pre-PR time spent in this country. UNICEF Canada has sent us a brief that says that we would be in contravention of the Convention on the Rights of the Child, to which we are a signatory.

There would be increased fees. Fees would double from $200 to $400. The language requirement right now is 18-54 years old for the language test, and Bill C-24 would change it to 14-64 years old.

Let me get into what UNICEF said about these actual changes. I know we do not have enough time for me to go through all the things I would like to say.

Bill C-24 proposes to amend subsection 5(2) of the Citizenship Act.... This shift in age requirements is problematic for immigrant and refugee children for a number of reasons. For instance, language and knowledge testing of children could lead to challenges with reuniting children with their families, and therefore could lead to the deprivation of the child's right to family reunification under the UN Convention on the Rights of the Child (article 10). This measure does not take into account the added stress that such testing may cause, or the children's ability to be able to be successful in test environments. In some cases, children may be still facing fear of authority, trauma from their home countries, and other experiences—depending on their individual life circumstances and migratory paths—that impair their capacity to successfully take such tests.

They go on.

I did not even touch on the fact that this bill would allow for the revocation of citizenship. The revocation would be based on the creation of two tiers of citizenship in this country.

My understanding is that one is either a Canadian citizen or not. There is no real in between. The government would create that in-between case. One would be a Canadian citizen with only Canadian citizenship or a Canadian citizen who had dual citizenship with another country or who the minister has reason to believe has dual citizenship. If that were the case, whether an individual actually had dual citizenship or wished to have it or if the minister believed the person might have another citizenship, the onus would now be on the individual to prove citizenship to the minister. The minister would have the discretion to revoke somebody's citizenship for committing a crime in another country or jurisdiction.

It just goes to show that there are so many things that are bad in this bill.

I really wish I had more time and that I was not speaking under time allocation so I could get through the other things I would like to talk about. Hopefully my colleagues will ask questions about the limitations and the values of people in Canada who are spending time as pre-permanent residents.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I thank my hon. colleague for her highly enlightening presentation.

I think that most, if not all, of us here in the House agree on the importance of Canadian citizenship. Before granting Canadian citizenship to someone, we must ensure that the criteria we are using are as objective as possible.

What does my colleague think about the idea in Bill C-24 that, from now on, there will be a declaration of intent to reside in the country?

Having an intention means opening the door to all kinds of speculation. For example, a person might say he intends to settle in Canada and remain here, but then he might be offered work outside the country a few months later. That happens to lots of Canadians. Would anyone doubt that person's intention when he said he planned to settle and reside in Canada?

I think that this criterion is not the kind of objective criterion we are looking for, and I would like to know what my colleague thinks about it.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I will be sharing my time with my colleague from Scarborough—Rouge River.

With the exception of our first nations brothers and sisters, all of us in the chamber are newcomers to this country, every one of us, and we should be very aware of that reality when we start to bandy about and talk about citizenship. My own family came from places across the world.

My husband is from Holland, one grandmother was from the United States, a grandfather was from England, and my paternal grandfather was from Italy. In the case of my paternal grandfather, there are various stories about the reason for his departure from Italy. Some say poverty. I am inclined to believe it had something to do with him smoking under the police station veranda and accidentally causing a fire that made his departure essential. No matter what the reason, all who came here came for a better life. They came to make a new beginning, and that is what makes this bill so very important. That is also what makes it so very important to get Bill C-24 right.

Bill C-24 is an attempt to amend the Citizenship Act. It causes, at least on this side of the House, some great concerns regarding the fairness and constitutionality of the changes suggested by the Minister of Citizenship and Immigration. Everyone agrees that Canadian citizenship is something of enormous value. It is sought after around the world. However, what we do not want to see is any approach that plays politics with the issue, a situation that we have seen all too often from the government.

The Conservatives have a track record of politicizing issues for partisan gain. They also have a history of violently denouncing anyone who dares to contradict or disagree with them, including public servants like Linda Keen, Richard Colvin, Kevin Page, Pat Strogran, Munir Sheikh, Marc Mayrand, environmental groups, scientists, unions and international NGOs. How can the government be trusted with the power to decide, with no reference to courts or appeals processes, who should have their citizenships revoked and who should be secretly granted citizenship?

Some of the changes to the Citizenship Act would address deficiencies in the current system, and they should be applauded. With respect to the bill, it is high time that the issue of the lost Canadians was addressed. This is an absurdly unfair situation that has gone on far too long. The bill would allow for individuals to finally obtain Canadian citizenship, individuals who were born before the first Canadian citizenship act took effect. This would also extend to their children born outside of Canada in the first generation, this citizenship that is their right.

Despite this positive amendment, though, other parts of the bill are, as I said, profoundly concerning. For example, the question of revoking citizenship has raised significant legal concerns and we are always worried about proposals to concentrate more power in the hands of the minister. Under the provisions of the bill, the minister may revoke citizenship if he or any staffer he authorizes is satisfied on the balance of probabilities. Staffers are not elected, they are not responsible to Canadians, and yet they may be granted the authority to say that an individual has obtained citizenship by fraud.

Until now, such cases have all typically gone through the courts and cabinet. It would not be the case anymore. Again, the judicial process would be sidestepped. Are the Conservatives telling Canadians that they do not believe we have a reliable judiciary? Well, maybe just Supreme Court judges.

This aspect poses serious issues to the extent that the minister would have the power to revoke a person's citizenship solely based on suspicion, without an independent tribunal to rule on the veracity of the allegations. Does no one on the government benches understand how terrifyingly dangerous this is? Many organizations, including the Canadian Bar Association and the United Nations Children's Fund, have also expressed a concern over this and many other of the bill's provisions, and they have offered several amendments that could strengthen the bill.

One of the major problems that we have addressed with this bill is the broad discretionary powers granted to the Minister of Citizenship and Immigration, especially when dealing with revocation of citizens with dual citizenship. This is extremely concerning. Canadian law has already established procedures by which to punish individuals who commit unlawful acts. It is unnecessary to grant these powers to the minister. Ministers come and go. The judicial system is the one constant, but this bill would take the Federal Court out of the equation except in very limited circumstances. Awarding this much power to the minister is, as I said, dangerous and, in a matter as serious as citizenship, a fair and impartial decision-maker must be maintained.

The Canadian Bar Association believes that because revocation of citizenship is such a serious matter, a statutory tribunal like the immigration appeal division should have jurisdiction to consider the validity of the minister's decision to revoke citizenship. This provision to allow the minister such power would create a two-tier citizenship system where some Canadians would have their citizenship revoked and others would be punished by the criminal system for the same offence. The new revocation procedures are apparently related to a citizen's loyalty to Canada. However, it is unclear why only dual citizens should be so targeted. Do the Conservatives think dual citizens are less loyal than other Canadians? We have to step back from this and make a very clear statement that all Canadians should be treated fairly and equally. The Canadian Bar Association also warns that this process is likely unconstitutional and warrants serious additional review. Many of the revocation processes are quite simply discriminatory and retroactive.

UNICEF has also weighed in. It argues that these changes could place vulnerable children at risk and leave them without sufficient protection. The potential revocation of a child's parent who is of dual citizenship could lead to family separation where the child is abandoned in Canada without a parent or legal guardian. Just some weeks ago I was in Geneva at the Inter-Parliamentary Union meeting. We discussed at length the issue of abandoned children, children in war-torn areas or children who had lost their parents, and what the world had to do in terms of ensuring these children were protected and safe because they were alone, and here we are in this country that is supposed to be democratic, that is supposed to have principles and mores, setting up a situation where a child could be abandoned. It is unspeakable. It is unbelievable. What have we come to?

Further, under these revocation procedures, it is possible for a child to be found to be or believed to be guilty of an act that warrants revocation. How absolutely absurd to treat a child as an adult. This is undermining international law. Children who are faced with these circumstances will not likely have any familial ties in their homeland and may not have the proper channels to fight any decisions that revoke their citizenship. They are children, and we are supposed to care about that and we are supposed to protect them. These potential situations can place children in situations where their lives and their futures are at serious risk. UNICEF suggests incorporating an amendment that would require children under the age of 18 to not be included in the assessment.

Canada has a proud record of high naturalization rates. We are among the highest in the OECD, and we should continue to encourage people to become new citizens rather than creating procedures that only make it more difficult for them to do so. These individuals have the potential to be the biggest asset that we have. They account for 67% of our annual population growth. It is imperative that we make the necessary changes to this bill so that our society can continue to flourish and benefit from new Canadian immigrants.

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Canadian Heritage]

Mr. Speaker, I am certainly pleased to follow my colleague, who did such a good job describing and talking about the Citizenship Act and the changes we would make through Bill C-24. I would like to add my part to the point of how our government is planning to strengthen the value of Canadian citizenship.

Canada's 37-year-old Citizenship Act is in need of serious reforms. Its original purpose, of course, was to ensure we had individuals who worked through the process of becoming Canadian citizens and followed through on the legislation and regulation that was put forward at that time.

Indeed, the reforms today are here to work toward stopping the abuse of our immigration system and to put an end to the dubious folks who actually cheapen our citizenship by having zero connection or attachment to our country.

It is clear that our government takes the value of Canadian citizenship seriously. That is why we see this bill here before us today.

Citizenship defines who we are as Canadians, but it comes with certain responsibilities, like respect for the rule of law, contributing to the well-being of our communities, supporting ourselves and our families, and protecting our country.

Citizenship also means that we share a commitment to the values that are rooted in our history, values like peace, freedom, human rights, democracy, and the rule of law. Canadian citizenship is about more than the right to carry a passport. It is about the complete entity of what it is to be a Canadian citizen.

Citizens need to have an ongoing connection to their country, and in this particular case, an ongoing connection to our country of Canada.

As a government and as Canadians, we believe citizenship is truly something special.

When asked, Canadians across this country—especially those who have acquired, or recently acquired, Canadian citizenship—will say how special it is to actually achieve that end and that goal.

We cannot and do not attach a price to citizenship. Unfortunately there are those who would attempt to attach some form of monetary cost to Canadian citizenship.

The changes found in this legislation would be a real step in the fight against attempts to defraud the Canadian citizenship program and to defraud Canadian citizens of what is truly a remarkable feat once one achieves that citizenship.

It is unfortunate, but citizenship fraud is a serious issue in our country. The Government of Canada's investigation into residence fraud continues to grow, with nearly 11,000 individuals potentially implicated in lying to apply for citizenship or to maintain their permanent resident status. These are individuals who were most likely trying to establish the residency requirements for citizenship when they were actually living abroad. These practices demean and devalue what it is to be a Canadian and what it is to achieve Canadian citizenship.

The legislation before us would amend the Citizenship Act to ensure that, not only are we protecting the value of Canadian citizenship against those who would cheapen it, but we are also enhancing and building upon it.

Here is how we are proposing to do that. First and foremost, our citizenship program officers do not currently have the tools to determine if a consultant has been involved with an application for citizenship. We propose to change that and to require that applicants who use a representative when they apply for citizenship use only an authorized representative.

Changes to the Citizenship Act would give the minister the ability to designate a body to regulate and enforce citizenship consultant conduct. These changes would mirror recent changes to the Immigration and Refugee Protection Act.

It was just a couple or three years ago that we passed that new legislation in which a regulatory body within the Ministry of Citizenship would actually oversee and ensure that only consultants who were licensed through the ministry, who were approved through the ministry, and who actually met the guidelines were able to represent both individuals attempting to achieve refugee status, in the case of our refugee act, and individuals attempting to achieve citizenship and who are applying for it through this new act.

In regulating consultants, we would offer a level of protection to newcomers that they do not have at the moment.

We have all heard stories and talk within our constituency offices and our ridings from those who come in to our office to sit down with us and explain how they have simply and very clearly been ripped off. They have been led down the garden path to believe they can achieve citizenship if only they pay $1,000, $5,000 or $10,000 to this individual who does not have a reputation of being able to achieve that end and who is not licensed to work within the province of Ontario.

The amendments would also bring the penalty for committing citizenship fraud in line with the Immigration and Refugee Protection Act. They would increase the penalties for citizenship fraud to a maximum of a $100,000 fine, or up to five years in prison, or both.

The second part of this is we are taking action to strengthen the residence requirements for citizenship. My colleague spoke about that briefly in his remarks as well. Currently the Citizenship Act does not define what “residence” actually means. The act does not say or deem what “residence” or “resident requirements” actually mean when people are applying for and working through the process of citizenship.

Under the current act, prospective Canadians apply for citizenship and are simply required to have resided in Canada for three of the past four years. Our proposed amendment to the act is to stipulate that prospective Canadians would need to be physically present in Canada. This is important, because physical presence in Canada helps newcomers to integrate and establish a sense of belonging and attachment to Canada.

However, it is more than that. It is also about the ability for those individuals to learn what it is to become a Canadian, to learn about our history, to learn about our geography and what happens in the east or west of our country, what happens in Ontario and Quebec, and the fact that we have two official languages. It gives those individuals the length and the breadth of understanding, and the ability to know that when they achieve Canadian citizenship, it is because they earned it and because they understand it.

We will, however, include an exception for applicants who are outside of Canada because they are accompanying either their Canadian spouse or parent who is employed in the Canadian Armed Forces or as a crown servant. This is to prevent these permanent residents from being penalized simply because of their family's service abroad for our country.

It is an issue that we missed in the former bill, Bill C-37, which passed unanimously. I hope this citizenship bill will also pass unanimously. The former bill, Bill C-37, did not cover this instance where an individual had a spouse, parent or child employed in the Canadian Armed Forces. It would not have given those people the ability to achieve citizenship, so we will ensure it is in this act. We also want to lengthen the current residence requirements and require prospective Canadians to be physically present in Canada for four out of the six last years.

The Standing Committee on Citizenship and Immigration had the opportunity to hear key testimony on the bill. Organizations such as the Centre for Immigration Policy Reform and Immigrants For Canada as well as several immigration lawyers all agreed that extending the residence requirements would strengthen the attachment that individuals would have to Canada and that when they received that Canadian citizenship, it would enhance their ability as a Canadian.

Immigration lawyer, Mr. Reis Pagtakhan, noted that the longer an individual lived in Canada, the greater the connection would be. He accurately stated:

Citizenship bestows rights and protections many foreign nationals do not have. As Canadian citizens, they can vote and seek elected office, so it is important that they participate in Canadian life before they become citizens.

I could not agree more. Newcomers should have a deep understanding of Canada's culture and society before they apply for citizenship. We believe Canada has a strong identity, and this bill would build on that sense of nation.

Finally, as part of their applications, applicants would also be asked whether they intended to reside in Canada. If an applicant had no intention to reside in our country after they obtained citizenship, or if the government obtained information to this effect, they would not be eligible for that citizenship.

Our citizenship is highly valued around the world. Canadian citizenship is an honour and a privilege. It comes not only with rights, but it comes with responsibilities. The bill would reinforce that, build on it and take that 37 years since we have worked on the act and make it that much stronger and that much better. It would close a loop that should have been closed a long time ago.

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, I will be splitting my time with my colleague, the member for St. Catharines.

I am very pleased and privileged to have this opportunity to add my voice in support of Bill C-24, the government's legislation that would strengthen the value of Canadian citizenship. Let me also say that it is a privilege to be a Canadian citizen and to be able to rise in the House to speak. I first came to this country as an international student in 1968, but I was made a stateless citizen in 1971 when Canada chose to change its recognition from the Republic of China to the People's Republic of China. Due to the generosity of the Canadian immigration system, I was able to apply for my permanent resident status and subsequently became a citizen in 1976.

Let me address some of the issues in the new citizenship act. As we know, Canadian citizenship is highly valued around the world. The fact that more than 85% of eligible permanent residents go on to become citizens is a testament to this. Last year, this translated into nearly 129,000 new Canadians citizens from no fewer than 219 countries, a 14% increase over 2012 numbers. We can all take pride in the value of our citizenship and in our high naturalization rate. Unfortunately, because Canadian citizenship is so valuable, some people are prepared to lie or cheat in order to qualify. For example, they may break our citizenship law by pretending to be living in Canada when they are living abroad. In fact, more than 85% of Canadian citizenship fraud involves falsifying residency. In many cases, permanent residents have used the services of immigration consultants who fraudulently establish evidence of residence in Canada while living abroad most, if not all, of the time.

Ongoing large-scale fraud investigations have identified more than 3,000 citizens and 5,000 permanent residents linked to major investigations, the majority of them related to residents. In addition, nearly 2,000 individuals linked to these investigations have either abandoned or withdrawn their citizenship applications. Individuals who seek to obtain Canadian citizenship fraudulently have no real attachment to Canada. They want citizenship for no other reason than to obtain the many benefits associated with Canadian citizenship or purely for financial gain.

Right now, applicants must reside in Canada for three out of the previous four years before being eligible to apply for citizenship. The major fault with the current citizenship requirements is that “residence” is not defined under the current Citizenship Act. As a result, it is currently possible for someone to become a Canadian citizen even if he or she has spent little time actually living in Canada.

Under the changes we propose, the rules around resident requirements would be strengthened so that adults applying for citizenship would have to be physically present in Canada. We would also lengthen the residency requirement to four years out of the previous six years, with a specific requirement to reside in Canada for a minimum of 183 days during at least four of the six qualifying years.

In his testimony before the Standing Committee on Citizenship and Immigration, Martin Collacott, a former Canadian diplomat and spokesman for the Centre for Immigration Policy Reform, said:

...I think newcomers will value their citizenship more if they know it is not something that can be acquired quickly or without meeting certain standards.

He added:

I strongly support the provisions of Bill C-24 aimed at ensuring that residency requirements are actually met, particularly in view of evidence that thousands of people have obtained their citizenship fraudulently by claiming they had spent time in Canada when they had not.

The proposed residency requirement in Bill C-24 would be consistent with the Income Tax Act, which says that those in Canada for less than 183 days with no other attachment to Canada are considered non-residents for income tax purposes. Unlike the majority of Canadians, non-residents are generally only required to pay taxes on their Canadian-sourced income. By better aligning the residency requirement for citizenship with the residency rules under the Income Tax Act, it would help to further strengthen the value of Canadian citizenship. Coupled with the new residency requirement, it would also strengthen the permanent residence attachment to Canada.

Immigration lawyer Richard Kurland, in a recent appearance before the standing committee, said the following:

For the first time, we have a pragmatic, transparent threshold to access Canadian citizenship. That is long overdue.

We obviously agree. I would add that these amendments to the Canadian Citizenship Act are also important because the physical presence in Canada assists with permanent residents' final integration into society.

A longer residence period would enable newcomers to develop a stronger connection to Canada. Furthermore, creating a clear and longer physical presence requirement would help deter citizens of convenience. Those individuals become citizens purely for the convenience of having a Canadian passport and to access the full range of taxpayer-funded benefits that come with this status, without any intention of contributing to Canada or even residing here.

In other words, they regard their Canadian citizenship primarily as little more than an insurance policy, to quote Mr. Collacott.

Of course in order to support their admission to Canadian society, citizens must first have an adequate knowledge of one of our official languages. As Mr. Collacott has said, the basic command of one of Canada's official languages is an essential skill for newcomers who are going to be able to contribute to society and the economy, as well as be able to realize their own dreams and aspirations as immigrants.

The government also believes that citizens must have knowledge about our country as well as the responsibility and privileges of Canadian citizenship, as this knowledge is essential to a new citizen's civic participation. This is why the amendments contained in Bill C-24 would also expand the age group who must first show proof of their language proficiency and take a citizenship knowledge test. We would expand the current age group from 18 to 54 years old, to 14 to 64 years old.

This would provide incentive for more individuals to acquire official language proficiency and civic knowledge, thus improving their integration. It would also ensure that more newcomers are better prepared to assume the responsibility of citizenship.

Lengthening the residency requirement and expanding the group that must meet knowledge and language requirements would ensure that more new citizens are better prepared for full participation in all aspects of Canadian life.

As I have said, these changes would also help deter citizenship of convenience. Taken together, the amendments in Bill C-24 would preserve and protect the value of Canadian citizenship both today and in the future by ensuring Canadians have a real, rather than a tenuous or non-existent, connection to Canada.

In his testimony before the standing committee, Shimon Fogel, chief executive officer of the Centre for Israel and Jewish Affairs, said his organization appreciates the steps taken by Bill C-24 to promote strong ties to Canada and buy-in to core Canadian values. He also added that the introduction of more robust residency requirements including physical presence to qualify for citizenship is particularly well received.

Canadian citizenship is highly valued around the world and, with this balanced set of reforms, the government is taking steps to ensure that it stays that way.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I rise to speak in opposition to this motion at second reading, Bill C-24, an act to amend the Citizenship Act and to make consequential amendments to other acts.

Today in this Parliament we witnessed, for the 65th time since I have been a member of Parliament, a government using the hammer of time allocation to shut off debate. I was in this House when the time allocation motion was discussed. I was so shocked to hear the minister say that we had over 30 hours of debate on this particular bill. Let me make it very clear. We have only had two hours of debate on this bill that has many components to it. From regulating immigration and citizenship consultants, to taking away citizenship, to qualifying for citizenship, all of those different components are in this bill, and yet the only time this Parliament will have time to discuss it is this evening. I am wondering what the rush is for the government. Why is it so afraid of legislation being debated? What does it want to hide?

Let me remind the House that there is a small part of this bill that is like déjà vu. It takes me back to last June when we were dealing with a private member's bill, and through it the government tried to bring about fundamental changes to citizenship in Canada. That was outside of the rules. Then it tried to change the rules. Of course it was not able to, because it was outside of the purview and the timing ran out. What has happened here is that two elements of that bill have been taken and thrown in with at least five other elements, and a whole new bill has been produced.

I heard the Minister of Citizenship and Immigration say today that we have spent over 30 hours discussing this. He must have been having discussions in a place other than Parliament, because I have gone back and checked and this bill has only had two hours of debate. Now we are going into an evening session until midnight and then the allocated time will run out and there will be a vote on it sometime tomorrow. Then it will go on to the next stage.

This is what is beginning to worry me. There seems to be a pattern. It is a pattern in which the government is using its majority to bully. It is using bullying tactics to rush through legislation that it does not want Canadians to find out too much about. It does not want Canadians to know what is really in this piece of legislation.

Let me be clear. There are two or three elements in this legislation that I support, but they are buried. That is typical of the Conservative government. It brings in omnibus legislation, which is legislation as thick as the telephone books for many of our communities across this beautiful country, and it has taken things that we know we need to take action on and buried them in with the worst elements of legislation that it knew were not only badly written but would have been open to all kinds of constitutional challenges; and it says it is trying to fix things.

I will be the first one to say that the immigration system needs to be reformed. The Liberals allowed long waiting periods, and that created backlogs. Some clarity and updating also needed to be done, but the minister has used that as an excuse and has broken the immigration system. He has taken it from one of nation-building to one of nation-dividing. That is a real concern.

Because of the new changes, family reunification is almost impossible right now. It is taking longer for spouses to get over here. As well, thousands of applications by skilled workers were shredded, even though they played by the rules we made, and now parents and grandparents have been turned into a lottery system. I agree that we do want the young and the brightest, but the young and the brightest have parents. They do not fall out of the sky.

Our immigration policy has gone from a nation-building policy to one in which the government sees itself as agents who provide temporary foreign workers at minimum wage so that big business can make huge profits. Vulnerable workers are being exploited, while Canadians who spend hundreds of hours looking for work cannot find it because the jobs they could do are being given away. The system is broken.

This legislation purports to fix citizenship, specifically the waiting list. I worked at a citizenship ceremony recently. The judge showed me a room full of files and told me it would take him a long time to get to those files. People have to wait over 31 months after their applications are in, and this is after they have met all criteria. During that time, these potential Canadian citizens are being denied their rights as well as access to many of their responsibilities.

There is nothing in this legislation that would expedite citizenship and get rid of the backlog. The government says it has invested extra money into getting rid of the backlog, but the lists have in fact become longer and the time period to obtain citizenship has become longer.

I am pleased to see that regulation of consultants is in the bill. We hear too many stories from coast to coast to coast of unscrupulous agents and consultants who are abusive toward vulnerable people in this situation. People are looking for help, and these unscrupulous agents make all kinds of promises and commitments. Then all kinds of money changes hands, so it is good to see that kind of regulation in the bill.

However, at the same time, this legislation has something in it that I find absolutely unacceptable.

I have to share with the House what citizenship means. I chose Canada to be my home. I came to Canada in 1975 as a young teacher, excited about exploring this beautiful country. I fell in love with it and decided this was where I wanted to stay and have my children and raise them, and I now also have grandchildren.

It was a very proud moment for me when I became a Canadian citizen. I can remember meeting the judge. He asked me a couple of questions. I was a social studies teacher, so he presumed I knew a lot of the background. We talked about what my experiences were like. I stood next to him and we had a lovely photograph taken. I had become a Canadian citizen. It was a very emotional time for me, because I take Canadian citizenship very seriously. I see it as an honour and a privilege.

Citizenship has to mean something. If we attend a citizenship ceremony here in Canada, we see people from all around the world with their eyes filling with tears as citizenship is bestowed on them.

Last Friday, which was May 23, 2014, was a very significant day in Canadian history, although members may not know it. It was the 100-year anniversary of the Komagata Maru. That is the ship that arrived in Vancouver harbour, where the racist policies of the day, passed by Parliament, prevented people from landing in the harbour. They were British subjects, because India was part of the British Empire at that time, but they were turned back. Some died en route. Some were shot once they got to India. Others faced many challenges.

On that day, as we were commemorating the 100-year anniversary, a man asked if he could speak. He went up to the mike and said, “After all these years living in Canada, I got my citizenship today, of all days”. He talked about what that citizenship meant to him. That is somebody who became a naturalized Canadian citizen, just as I am.

In Canada we do not differentiate those who are born in other countries and come to this country and choose to make Canada their home because, as we know, except for our aboriginal people, most of us became Canadian citizens that way.

However, what we are seeing here in this legislation would change what citizenship means, and not just for those who are born overseas and come here and become naturalized citizens. I think it is on this aspect that Canadians need to pay close attention to what the current government is doing. This legislation, if passed as is, would mean that the minister—not the courts, not anybody else—could take away citizenship from somebody who was born in Canada. Their family could have been here for a couple of generations, but they could still have citizenship taken away from them if they have a dual citizenship.

As members know, dual citizenship is not limited to a few people in this country. There are many Canadians who have dual citizenship, and—

The House resumed from February 27 consideration of the motion that Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts, be read the second time and referred to a committee, and of the amendment.

Bill C-24—Time Allocation Motion

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I would like to remind the minister that Bill C-24 is not on solid constitutional footing. It could run into challenges regarding section 15, in particular, and section 11 of the Canadian Charter of Rights and Freedoms. Does he realize that?