The House is on summer break, scheduled to return Sept. 15

Strengthening Canadian Citizenship Act

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

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Chris Alexander  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-24s:

C-24 (2022) Law Appropriation Act No. 2, 2022-23
C-24 (2021) Law An Act to amend the Employment Insurance Act (additional regular benefits), the Canada Recovery Benefits Act (restriction on eligibility) and another Act in response to COVID-19
C-24 (2016) Law An Act to amend the Salaries Act and to make a consequential amendment to the Financial Administration Act
C-24 (2011) Law Canada–Panama Economic Growth and Prosperity Act

Votes

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

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:35 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I applaud the diversity of this chamber that is represented by all parties in this House. It is a testament to the kind of electoral system and the kind of Parliament we have created here.

In response to some of the comments raised by the hon. member, I would reiterate a couple of things because sometimes the nuance gets lost in the discussion. If one is applying for citizenship and commits a Criminal Code offence, including a terrorist offence, one is prevented from accessing citizenship in this country.

That is the law in Canada. That has always been the law in Canada. The Liberals believe in that law. The Conservatives believe in that law.

The difference is that once one has already obtained citizenship, what was added by the Conservative government, which we fundamentally and ideologically disagree with, is that once one is here and is a citizen here, if one had naturalized, one was given an extra penalty after the commission of crimes against the national interest.

We believe that the Criminal Code and the criminal justice system can address terrorism and crimes against the national interest, and that is the vehicle for addressing those crimes. That is a fundamental difference which we do not agree on, and that is what this bill represents.

Also, importantly, there is a very fundamental distinction between the 1947 Citizenship Act and what was enacted under Bill C-24 by the Conservatives. That difference is that until Bill C-24, there was only one means of revoking citizenship, and that was based on fraud. Sometimes the fraud was less dramatic, and sometimes it included people who pretended they were not war criminals in World War II. We believe that is the only basis for revoking citizenship, and that is what this bill restores.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:35 p.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, congratulations to the member opposite. I am glad he mentioned that he is among the 41 members of Parliament who are immigrants and I am one of them too. One thing I like to highlight is that we succeed in this place and in Canada and are able to come to the Canadian Parliament and become parliamentarians because we consider Canada our home. Just because of that we have succeeded.

Someone who is considering Canada a target of terrorism does not deserve Canadian citizenship, does not deserve to be Canadian. Our Canadian citizenship has the highest value of integrity and of honour. If someone wants to use it to go across the world to have access to all the other places in the world just because he is a Canadian citizen, he does not deserve to be a Canadian citizen. If someone does not want to commit to live in Canada, he does not deserve to be a Canadian.

I would like to remind the hon. member of the 1947 immigration act, which at that time was presented, implemented, and adopted by a Liberal government. Bill C-24 is a similar act to the 1947 act that was introduced.

Whether it is three to five years, or four to six years, members opposite agree that Canadian citizenship deserves to be worthwhile for those who decide to take it or not.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:20 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Madam Speaker, I am pleased to rise today to support Bill C-6, an act to amend the Citizenship Act.

I would like to begin with a list.

This list includes Afghanistan, Argentina, China, Germany, Grenada, Haiti, India, Iran, Lebanon, Pakistan, Poland, Portugal, Saudi Arabia, Scotland, Somalia, South Africa, Switzerland, Tanzania, Trinidad, Uganda, the United Kingdom, and the United States.

What do these countries have in common? They are all nations from which members of the House hail. Forty-one members of the chamber, spanning four different parties, are citizens of Canada who were born outside of this country. I am one of that group of 41 members. I was born in Uganda and arrived here as a young refugee in 1972.

Bill C-6 says to me and 40 of my fellow MPs that our citizenship is no different than that of our Canadian-born colleagues. In fact, Bill C-6 says to millions of Canadians who naturalized here after arriving from overseas that their citizenship has the same value and is accorded the same respect as the citizenship of those born in this country. It tells them that a Canadian is a Canadian is a Canadian. Allow me to explain.

Bill C-6 would reverse the divisive legacy of legislation enacted by the previous government. Under what was then Bill C-24, the previous government enacted legislation that allowed persons born abroad to be stripped of their citizenship on the basis of acts against the national interest—treason, spying, terrorism—but this applied only to those born abroad. Therefore, if someone was born in Canada and committed the exact same criminal act against the national interest, their citizenship could not be stripped. Canadian-born individuals would be dealt with by the criminal justice system alone, whereas foreign-born Canadians were subject to a double penalty: punishment under the criminal justice system, together with revocation of their citizenship under the Citizenship Act.

The old legislation, enacted by the previous government, was wrong for two reasons. The first is that it was unfair and unequal. We heard about the unfairness of the old Conservative legislation from strong immigration advocates, such as Legal Aid Ontario's refugee law office and Romero House in my riding of Parkdale—High Park. The inequality of the old legislation was laid bare by the litigation it caused. The B.C. Civil Liberties Association and the Canadian Association of Refugee Lawyers brought a charter challenge to Bill C-24 contending it created two tiers of citizenship.

The second and more important reason is that the old Bill C-24 was flawed because it sent the wrong message to newcomers. People like me, who fled their homelands to make a fresh start in Canada, are thankful for the opportunity to be here, but ultimately, we all seek the same thing: full and final integration. The previous government's Bill C-24 failed such Canadians, precisely because it rendered them more vulnerable. It told them that they are citizens, but citizens with an asterisk. By retracting the odious legislation the previous government passed, I and millions of Canadians who came here from other countries are being told that the politics of division are over and that they do, indeed, belong.

That is enough talk about the old legislation. I now want to talk about the merits of Bill C-6.

Bill C-6 meets what we like to call the triple-E test. It is evidence-based, it makes economic sense, and the bill is ethically sound. Allow me to address each of these points in turn.

The first point is that Bill C-6 is evidence-based. Our government campaigned on a commitment to return to evidence-based policy, and that is precisely what Bill C-6 represents. Studies demonstrate that facilitating a path to not only obtaining but maintaining citizenship promotes a better integration of newcomers and their sense of belonging. This point has been reinforced to me time and time again by settlement and community groups doing important work in Parkdale—High Park, such as Ukrainian Canadian Social Services, the Four Villages Community Health Centre, the Canadian Ukrainian Immigrant Aid Society, and the Canadian Polish Congress.

The second point is that Bill C-6 is good economics. These very same studies show that the bill would have clear economic benefits for Canada. Immigrants who are given a path to permanence through citizenship have higher educational and economic outcomes. This point has also been communicated to me in my riding by terrific organizations on the front lines of settling newcomers in Toronto, like the Parkdale Intercultural Association, the Parkdale Community Recreation Centre, CultureLink, the Parkdale Community Health Centre, and Polycultural Immigrant and Community Services.

Bill C-6 is also ethically sound. Until the previous government's decision to enact the old Bill C-24, we never had two tiers of citizenship in this country. It is not morally justifiable to divide citizens among those fortunate enough to be born here versus those who naturalize after arriving from overseas.

Our new bill does a lot more than just eliminate the two classes of citizenship created by the Conservatives. As I said, Bill C-6 also makes it easier to obtain citizenship in several important ways, which I will now address.

The barriers to citizenship that would be removed by this bill are many. I propose to address four.

The first relates to the length of time required to qualify for citizenship. Our legislation will require an applicant to be present in Canada for three years over a five-year time span, rather than the current four-year requirement over a six-year time span. Therefore, the bill would expand the pool of potential citizens and allow them to apply earlier.

More specifically, Bill C-6 is more flexible. It does not require a person to be in Canada for at least 183 days per year over each eligible year. Instead, one needs simply to be here for 1,095 days over a five-year period. What does that mean? It means flexibility. If one's job takes one overseas for an extended period, this would not make one automatically ineligible for citizenship.

Second, Bill C-6 would restore the knowledge and language testing requirement to the previous age range. The previous government passed legislation indicating that testing would be required for any applicant aged 14 to 64. We are restoring that age range back to the previous norm, which is age 18 to 54. This change would improve access to citizenship for the very young and for those 55 and over, thereby helping to speed up their formal integration.

Third, the intent to reside provision is being removed. Bill C-6 would no longer make it a requirement to declare one's intent to reside in Canada before becoming a citizen. That requirement was unmerited. All Canadians have mobility rights. More importantly, the old requirement created a great deal of confusion. Over 200 applications were returned to individuals who failed to complete the intent to reside portion of the application, because they did not understand it. They feared their citizenship could be revoked if they moved abroad. It cannot.

Fourth, and perhaps most importantly, Bill C-6 would allow time spent in Canada prior to becoming a permanent resident to count towards one's three-year requirement to become a citizen. This provision allows for a 50% credit for time spent in Canada prior to becoming a permanent resident, up to a maximum credit of one year.

Who will this help? It would help temporary foreign workers, international students, and protected persons by speeding all of these groups on their path towards citizenship. This makes sense. These people have already spent time here. They have already worked and studied here. They have already built an attachment to Canada.

I turn now to one of the criticisms we have heard about the bill, which is safety.

Allow me to be crystal clear. Bill C-6 would not imperil the safety of Canadians. Our government's commitment to safety is unwavering. We have a place for terrorists and it is called “jail”. We have a place to prosecute terrorists and that is called the “criminal justice system”. When one commits a crime in Canada, one is prosecuted by the criminal justice system. We do not need a Citizenship Act tool to address a Criminal Code problem.

However, there is also a broader more philosophical underpinning to Bill C-6. When we boost integration and put in place mechanisms for success, we strengthen ties and loyalty to this country. This does not threaten our safety. It is part of a host of initiatives, such as our response to the Syrian refugee crisis, which demonstrates Canada's openness, our inclusivity, and our compassion. These efforts counter radicalization and reduce threats to our safety. In fact, I would say we do this better than any country in the world, and I am proud to be part of a government that is restoring this reputation both here and abroad.

It is also important to understand that Bill C-6 is not an outright rejection of all aspects of its predecessor, Bill C-24, passed by the previous government.

What, from Bill C-24, have we decided to keep? There are provisions we have kept, but there are also provisions we have actually improved.

For instance, we have kept the physical presence requirement rather than the term “residence” because physical presence is easier to verify.

Revoking citizenship based on fraud and misrepresentation has existed since 1947, and this power remains in Bill C-6. Bill C-24, passed by the previous government, facilitated fraud detection, which is very important, and we have kept provisions that make this possible, as well as provisions that permit government to strip people of citizenship quickly when they have committed fraud. More importantly, we have also enhanced some of these provisions. For example, we have added a section that allows us to seize documents used in the commission of fraud. Finally, we have also committed to implementing all of the Auditor General's recommendations regarding preventing citizenship fraud.

Another improvement relates to conditional sentence orders. If convicted, time served in the community on a conditional sentence order can no longer count toward the three-year residence requirement and if one is on a conditional sentence order, one cannot take the oath of citizenship. Again, these are improvements on the predecessor legislation.

Let us talk about the committee. The bill has just returned from the Standing Committee on Citizenship and Immigration. We are also a government that believes in working across the aisle. At committee when amendments were proposed that made sense, that conformed with the policy direction we are pursuing with this legislation, that improved the bill, we did not hesitate to accept those amendments. Those amendments help us create a more diverse and inclusive Canada.

One of the amendments by the NDP added the term “statelessness” as a ground on which citizenship may be granted at the discretion of the minister. Another NDP amendment requires the minister to consider reasonable measures to accommodate the needs of citizenship applicants with disabilities. Those are amendments proposed by the opposition that we accepted on their merit and we welcome them as part of this new bill.

In conclusion, I want to return in my remarks to where I began.

When I provided a list of the 22 different nations that make up the homelands of members of the House, it was simply to provide a snapshot of the diversity of this chamber. This chamber serves as a proxy for this country, a country that is made up of literally millions of individuals whose provenance extends to every corner of the globe. To that diverse group, Bill C-6 says, “Your citizenship is no less valuable, no less respected, than that of a citizen born in this country”.

I believe one of the lasting attributes of the bill is one that has been rarely discussed. In facilitating pathways to citizenship, Bill C-6 also facilitates pathways to participation. Only citizens can cast votes in this country. Only citizens can stand for election to this chamber. By breaking down barriers to citizenship and putting in their place opportunities to obtain and retain citizenship, Bill C-6 promotes the highest level of engagement possible, engagement in our democratic process.

The ultimate job of any government, regardless of its political stripe, is to promote an engaged citizenry. That is precisely what Bill C-6 would do. I am proud to endorse the bill as Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship and I urge all of my colleagues to do the same.

Immigration, Refugees and CitizenshipAdjournment Proceedings

May 11th, 2016 / 7:45 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Madam Speaker, I thank the member for Vancouver East for raising this important issue in the House and for her continued advocacy on the part of immigration issues as the opposition critic.

This is an important debate on cessation issues in the former Bill C-31 enacted by the previous government, and the impact it has on permanent residents.

The hon. member for Vancouver East has asked a very important question, and has raised this previously with our government. In fact, the government is in absolute agreement with the hon. member for Vancouver East on the need to review this very important piece of legislation and its impact since it was enacted under the former Bill C-31.

We have, in this country, a long and proud tradition of providing protection to those in need. We have one of the fairest and most generous immigration and asylum systems in the world. Our immigration laws are applied impartially, they are based on facts, and they are meant to accord with due process.

The authority of the independent and quasi-judicial IRB, the Immigration and Refugee Board, to determine whether an individual's refugee protection has ceased is not itself a new provision. It actually predates the 2012 asylum system reforms. As well, it is important to specify that the authority to revoke permanent resident status, including the permanent resident status of a refugee, also existed before Bill C-31.

However, what is very troubling about Bill C-31 is that under the 2012 reforms enacted by the previous government, cessation of protected person status was added as grounds for losing one's permanent resident status. That effectively meant it was double-barrelled. That meant that both protected person status and permanent resident status now end simultaneously once a refugee in Canada has demonstrated that they are no longer in need of protection.

The minister, himself, has said in the House that he agrees that the legislation, which has been identified by the member for Vancouver East, is part of a long legacy of matters inherited from the previous government that our government desperately wants to review, and will review.

As members know, we are not at liberty to discuss particulars of a specific case due to privacy considerations, but the minister has expressed public sympathy with the point the hon. member is raising. I can assure the House that the government is reviewing policies and legislation introduced in recent years with a view to developing proposals to improve them.

In a relatively short time, and I will demonstrate to the House a number of measures we have taken in short order to address the legislative initiatives of the previous government that were very problematic.

For example, in terms of the government's respect for the rulings of the Federal Court, the Federal Court had found in December 2011 that the policy requiring the removal of face coverings to take the oath of citizenship was unlawful. We agree with that decision; the previous government did not. We dropped the appeal of that decision to the Supreme Court of Canada. That is the case of Ishaq v. Canada.

Another example of us being more than willing retract and retrench on legislation by the previous government is rescinding the legislation that came in under Bill C-24. We have introduced amendments to the Citizenship Act that members of the House will be familiar with. Bill C-6 makes it easier for applicants to meet citizenship requirements and helps encourage their sense of belonging and connection to Canada. It also eliminates the two classes of citizenship that were perpetuated by the previous government, which we stood fundamentally against and campaigned against.

Another example of our government's review of existing procedures that help to promote greater openness and better processing is our response regarding Haitian and Zimbabwean nationals. On February 4 of this year, the Government of Canada announced that Haitian and Zimbabwean nationals in this country would be provided another six months to apply for permanent residence on humanitarian and compassionate grounds—

Citizenship ActGovernment Orders

March 10th, 2016 / 5:40 p.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Mr. Speaker, I wonder what his experiences in the election campaign were like and what he thinks about the hundreds of thousands of Canadians with dual citizenship who will be affected by Bill C-24.

I talked to Americans, people from Europe, and a lot of people from the Middle East in my riding who felt, to be honest, let down by the government. They wonder why they are a different class of citizen than Canadians born here. They think this bill only affects one person, but it does not. It affects millions of Canadians who have dual citizenship, and they feel slighted by this act.

When I knocked on doors during the election campaign, I heard many people say that they could not believe a government would do this to its own citizens. I wonder if his experiences were similar in his riding during the election campaign.

Citizenship ActGovernment Orders

March 10th, 2016 / 5:25 p.m.


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Liberal

Colin Fraser Liberal West Nova, NS

Mr. Speaker, it is an honour to rise today in support of Bill C-6. The bill will restore the fundamental principle of equality of citizenship, and also restore common sense to the process of becoming a Canadian citizen.

There are few privileges on earth greater than being a citizen of Canada. In our country, we cherish our freedom, our democracy, and our inalienable rights that attach to our citizenship. Canada has long been a beacon of hope and opportunity to many around the world. Our country is blessed to have been enriched by people who have become Canadians by choice.

In my riding of West Nova, we have an incredible history which started the foundation of the country, with rich contributions from Acadian, Mi’kmaq, Métis, British, and African Canadians. Also, we know that through many generations at Pier 21 in Halifax, many more immigrants began their lives as Canadians and together helped build this great country.

The most fundamental principle of the rule of law is that all citizens are equal before the law. We cannot have two classes of Canadians. Once someone is a citizen of our country, certain rights and privileges attach to that. They cannot be taken away. Bill C-6 restores the fundamental principle of our system of citizenship. It rightly seeks to reinstate this principle, which was taken away under the Conservatives' Bill C-24 in the last Parliament.

I have heard all kinds of claims by the opposition members in the debate so far on Bill C-6. However, the most intellectually frustrating argument I have heard is their claim that Bill C-6 leaves in the law the ability for revocation of citizenship in some cases. Therefore, the argument we are making on this side of the House, that it is fundamental that we cannot revoke citizenship, is somehow inconsistent with leaving that provision in the law. I have heard this from the other side. The argument has been made that Bill C-6 in fact creates two tiers of citizens. Nothing could be further from the truth. In fact, the opposite is true. The bill remedies the fact that in Bill C-24 there are two classes of citizenship.

Does the opposition not see the obvious difference between taking away citizenship from someone who never would have or should have obtained citizenship but for fraud or misrepresentation, and revoking the citizenship of an otherwise valid citizen for egregious behaviour done after they have been conferred with all rights and privileges that come with citizenship? To my mind, there is a clear distinction between something being void ab initio, that meaning from the beginning. They were never citizens. That is the difference between something void ab initio and something voidable in the future for future behaviour.

Furthermore, do they not see that maintaining the integrity of our citizenship application process requires a mechanism to prevent those who would lie in order to become a citizen? What kind of system is reliable if there is no mechanism to withdraw from it people who have lied, committed fraud, or misrepresented the statements made in order to obtain the thing conferred upon them? Of course, to have a proper system of citizenship requires a mechanism for those people who have misrepresented themselves to the government to obtain the citizenship to take that away.

That is vastly different from saying that someone should have their citizenship revoked for something done after they have become a citizen. There is no causal link. There is nothing between their bad behaviour afterwards and their citizenship. Therefore, it is fundamentally wrong to suggest that because there are provisions that remain in the law to revoke citizenship for someone who should never and would never have been conferred citizenship, versus someone revoking their citizenship for egregious behaviour after the fact, that the law is flawed

Let me be clear about this. There is no question that the behaviour associated with revoking citizenship in Bill C-24 is egregious behaviour. It is intolerable. It is criminal. It is repugnant. That is exactly why the criminal law in this country, to the fullest extent, should make sure that those people go to jail. That is where they belong. It should not be used as a punishment to revoke their citizenship because it does in fact create two tiers of citizens. It creates citizens who have dual citizenship who could be subjected to having their citizenship revoked on future behaviour, versus those who are Canadian and only Canadian citizens.

There is a big fundamental difference. A Canadian is a Canadian is a Canadian. I know that line has been used on both sides of the House, but it is true. It is true that if we go down the road of having more than one class of citizenship, it will render less valuable the fact that someone is a Canadian citizen.

Being a dual citizen means that an individual is a Canadian citizen. However, a Canadian citizen is the same, whether or not they have more than one passport.

I submit that most Canadians understand this obvious difference. It is unfortunate that it is being advanced as a proper argument to maintain these elements from the previous Bill C-24. I note that these elements were part of the election campaign, and Canadians rejected those ideas in the last election.

Bill C-6 also reduces the length of time that someone must be physically present in Canada to qualify for citizenship. This would help immigrants achieve citizenship more quickly and change the requirements to three years within five years total. It will mean that applicants can apply one year sooner in order to join the citizenship of this country. This offers greater flexibility for immigrants who travel outside of Canada but maintain the timelines. It does ensure that a new Canadian has significant ties and links with our country to be a full and proud Canadian.

Another element of Bill C-6 that I find very good is the part of the bill that restores the 50% credit, for international students in particular, who spend time at one of our amazing schools in this country. It does not make any sense to take away the credit for those individuals whom we hope to attract, for whom we are competing with other countries around the world to have them live in Canada, to participate in our country. It does not make any sense at all to make it harder for them. We are competing with other countries around the world to attract the best and brightest, and we must do what we can to ensure that they stay here.

They have links with Canada. They obviously have a linguistic connection, either English or French, or perhaps both, in order to attend one of our universities or post-secondary schools. Therefore, it makes sense with those links, those connections, their intelligence and innovation, that we should be attracting and doing everything we can to encourage these students to become part of the Canadian family.

We know that Bill C-6 also amends the age range for the language requirement. Bill C-6 proposes to amend the age range for those required to meet language and knowledge requirements from 14 to 64, to those aged 18 to 54, removing a potential barrier to citizenship for applicants in both the younger and older age groups.

All Canadians are free to move outside of Canada, of course, and this is a right guaranteed in the Charter of Rights and Freedoms. Many Canadians enjoy that privilege and maintain their strong ties and connections and pride in Canada. It is right and correct that Bill C-6 repeals the June 2015 change that required adult applicants to declare that they intend to continue to reside in Canada. This is a prime example of previous modifications to our law that treat certain citizens differently.

Bill C-6 attempts to remedy changes that were made that are against the rule of law, against the best traditions of this country, and that is why I will proudly support Bill C-6.

Citizenship ActGovernment Orders

March 10th, 2016 / 5:20 p.m.


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NDP

Kennedy Stewart NDP Burnaby South, BC

Mr. Speaker, I appreciate the passion with which my colleague speaks. It adds greatly to this debate.

My colleague has been vigorously defending Bill C-24, and I get a sense from the questions and the speeches that perhaps it did not go far enough for him.

Can he envision a bill that is stronger than Bill C-24 that he would perhaps like to see replace Bill C-6?

Citizenship ActGovernment Orders

March 10th, 2016 / 4:55 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, as I have indicated in the past, it is always a pleasure to address the House on what I believe are important issues. Bill C-6 is a very important issue.

I spoke against Bill C-24, which was passed not long ago under the Conservative government. I felt fairly passionate about the fact that the government was taking the issue of citizenship in the wrong direction. Today we have a bill before us that would rectify a number of wrongs that the previous government put in place.

I want to pick up on the point of my colleague from the NDP. I appreciate his comments and support of this bill, recognizing the importance of citizenship and that we get it right. Citizenship is very important. It is something in which we have a vested interest. In the Liberal caucus, it is an issue about which we are all very passionate. We look to the current Minister of Immigration, Refugees and Citizenship to be progressive in making the changes that are so badly needed to fix the system, and it goes beyond the legislation before us today.

A few weeks ago, the Minister of Immigration, Refugees and Citizenship addressed the House and made reference to the processing times for citizenship. It is a serious issue. It was not that long ago, a number of months, when the Conservatives allowed the processing of a citizenship to go far beyond two years. We should keep in perspective that this is after someone technically qualifies to get citizenship. He or she has to then put in an application requesting it. People are putting in their applications today and having to wait a minimum of two years. The actual percentage is a guesstimate, but it was closer to two and half or three years, and 15% plus were waiting four to six years, depending on whether they required their residency calculator to kick in while spot checks were being done. Those are unbelievable processing times.

The minister has been very straightforward and transparent in saying that the government wants to deal with this processing time. We recognize the desire of people who call Canada their home. They have taken interest in our great country, are productive while they are here, and contribute to our lifestyle in a very real and tangible way. We want them to take on the responsibility of being citizens, and they have a desire to become citizens. I was pleased when the Minister of Immigration, Refugees and Citizenship said that we would be reducing the processing time.

Now we are debating a bill that is yet another step in the right direction to deal with citizenship. For example, the legislation would change what the Conservatives put in place, which was that in order to qualify to be citizens, people had to have lived in Canada for at least four years out of the most recent six. It used to be three out of five years. This legislation would bring it back to the way it was.

There was no demand to change it in the first place. I was the critic for immigration a number of years ago. I sat in committee and no one talked about it. Why the Conservative government made that decision is beyond me. In fact, a Conservative MP introduced a private member's bill to reduce the amount of time required for citizenship for individuals who chose to join the Canadian Forces. That member received a great deal of sympathy from members on all sides of the House. Therefore, I was somewhat taken aback when the government made this decision.

Another very smart move in the legislation is the recognition of the valuable contributions of people who come to Canada to work and to study. I believe Canadians are quite passionate about this. We recognize those valuable contributions made by individuals who make those sacrifices, often leaving family abroad to come to Canada, to get money, to get that job, to fill a void in the Canadian economy. We are talking about significant numbers of people.

As the immigration critic a few years back, I used to argue that if people were good enough to work in Canada, they were good enough to stay in Canada. There was overwhelming support for statements of that nature. There needs to be criteria, and the criteria will be there. I believe we will see more on that front.

However, the legislation recognizes those students and those workers. For example, someone who has been working in Canada for two years will be able to take one of those years and apply it to the three of five years. That is a progressive move recognizes the valuable contributions these workers have made.

When we look at the student component, these incredible young people have made a commitment to further their education in Canada. Why should we not allow them the opportunity to get their citizenship a little earlier? I would challenge the Conservatives to answer some of those questions about why they made those changes.

There was no demand. No one was coming to the table saying that we needed to make those changes. We have heard a great deal about the whole issue around terrorists, and why we would accept the two-tier system as proposed by the Conservatives proposed when in government.

Let there be no doubt. Under Bill C-24, the Conservatives created a two-tiered citizenship system. They said that if people had dual citizenships, they could lose their Canadian citizenship. If they did not have dual citizenship, then they could not.

I do not care what the official opposition benches say. The Conservatives created a two-tier system.

This legislation recognizes that a Canadian citizen is a Canadian citizen. All we need to do is look at the election results, because this issue was often referred to at the door. This bill would right a number of wrongs, as members of the Liberal Party and other parties have said.

This legislation is yet another step in what I believe is a move for real change, which the Prime Minister committed to during the last federal election. We are seeing those commitments materialized.

We believe that one of the greatest, if not the greatest, strengths we have in Canada is our diversity. If we capitalize on that diversity, Canada will continue to grow and prosper well into the future. There is so much potential here. We cannot underestimate the importance of immigration.

I was especially pleased when I heard the Minister of Immigration, Refugees and Citizenship earlier today in question period. He made very positive statements about improving processing times for families and improving the number of immigrants. I believe I even heard him say that in 2016 Canada might receive the highest number of immigrants in its history.

We recognize that good, sound immigration policy that leads to citizenship and good citizens is the direction in which to take our country. We are a country of immigrants. Immigrants built our country. We need to have immigration to continue to prosper in the future. We in the Liberal Party recognize that and, as a government, we will put in sound policies to feed that growth. By feeding that growth, we will be building a healthier, stronger economy, and a better society for all of us.

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March 10th, 2016 / 4:25 p.m.


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Liberal

Wayne Long Liberal Saint John—Rothesay, NB

Mr. Speaker, I will be very clear that the changes in Bill C-24 passed by the Conservative government in 2014 turned millions of Canadians into second-class citizens with fewer rights than other Canadians. The changes were discriminatory, anti-immigrant, and un-Canadian. Bill C-6 would simply undo these changes.

No government should have the right to revoke citizenship, whether one is born in Canada or abroad.

Does the member opposite not agree that Bill C-6 simply restores equal citizenship in Canada to Canadians?

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March 10th, 2016 / 4:10 p.m.


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Liberal

Kyle Peterson Liberal Newmarket—Aurora, ON

Mr. Speaker, as a lawyer, I am of course supportive of the charter and agree that it is an important facet of our life and our legislative process in Canada, and it needs always to be taken into consideration when we deliberate legislation in this chamber. I agree.

If members recall, the CBA spoke out and was highly critical of BillC-24, for many reasons. Part of it was that it got rid of the Federal Court of Appeal being able to hear appeals under the revocation of citizenship.

So, our new bill, our new act, would be in line with charter values, would be constitutionally sound, and has been vetted. I appreciate the member raising this question because it is important, as we deliberate, that we ensure that all legislation in this House is aligned with charter values. I am a proponent of that. I thank the member for that question.

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March 10th, 2016 / 4:10 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, I would like to thank my colleague, the member for Newmarket—Aurora, for his fine speech, and I would like to congratulate the Liberal government for bringing forward this bill. There are a lot of provisions that we, in the NDP, can support.

However, there is one thing I would draw to my colleague's attention. I want to reference the Charter of Rights and Freedoms because I think that is a very important document when we deliberate in this chamber, specifically section 11, under legal rights, which states that anyone charged with an offence has a right to a trial before a court that is unbiased and independent of political or any other influence.

I realize that an offence is different from revocation of citizenship, but I think in this chamber we have to look at all of our laws with the spirit of the charter in mind.

Bill C-24 eliminated the right to a judicial hearing for people who are about to have their citizenship revoked. Civil liberty groups, including the Canadian Bar Association, were against this. I would ask my colleague if he agrees with organizations like the Canadian Bar Association that people who are about to lose their citizenship should always have the right to a fair hearing before an independent and impartial decision-maker, keeping in line with the spirit of the charter, specifically section 11.

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March 10th, 2016 / 4 p.m.


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Liberal

Salma Zahid Liberal Scarborough Centre, ON

Mr. Speaker, during the election campaign, the Liberal Party promised to repeal the unfair and reprehensible parts of the previous Conservative bill, Bill C-24, and that is exactly what we are doing with Bill C-6.

The two-tier citizenship provisions that were contrary to the Canadian values of equality and inclusiveness will be gone. We are allowing hard-working permanent residents who are contributing to Canadian society to become citizens more quickly, and we are making it easier for grandmothers and grandfathers to join their children and grandchildren without language testing.

To repeal the bill entirely would be irresponsible and rash. The legislation did several things that I agree with, and I hope that the hon. member would as well. For example, the act restored the citizenship of so-called lost Canadians, such as the descendants of Canadian citizens, who were born abroad and were shocked to discover they were not Canadian citizens. The legislation also allowed for a faster path to citizenship for those who were serving or had served in the Canadian Armed Forces.

Surely, the hon. member would agree that these are measures worth keeping.

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March 10th, 2016 / 4 p.m.


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Conservative

John Brassard Conservative Barrie—Innisfil, ON

Mr. Speaker, oftentimes today, as we have sat through this debate, we have heard references to the effect that what Bill C-24 did was effectively designate people as second-class citizens.

This morning my colleague from Durham talked quite eloquently about the privileges of having citizenship. The expectation is that those who become citizens of our country would live by the principles of freedom, democracy and the rule of law.

Why should those who wish to do harm to Canada, to their fellow citizens, be able to keep their citizenship?

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March 10th, 2016 / 3:50 p.m.


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Liberal

Salma Zahid Liberal Scarborough Centre, ON

Mr. Speaker, it is truly a pleasure to rise in the House today in support of Bill C-6, for this is very much a bill that speaks to the heart of why I am so proud to be Canadian and what makes our country the envy of the world.

In my first speech in the House as the member of Parliament for Scarborough Centre, I spoke about how my husband and I came to Canada from Pakistan about 16 years ago to provide better opportunities for our children. Before we moved here, there was one big thing we knew about the country, which is why we came here, the Charter of Rights and Freedoms.

People around the world know two things about Canada. We love hockey and we are the country of the charter. This is a document that says every Canadian and everyone within our borders have certain inalienable rights: the right to associate with whom we wish, communicate what we wish, and worship how we wish. The charter speaks to choice and equality, that whether we are Canadian by birth or by choice, we all are Canadian.

I live in Scarborough, one of the most diverse communities in Canada, where many people have chosen to settle and build better lives for their families. During the election campaign, I heard from many families who were deeply concerned by some of the provisions in the previous Conservative government's Bill C-24. Of particular concern were the so-called two-tier citizenship provisions, which allow government ministers to strip dual citizens or those eligible to obtain one of their Canadian citizenship.

Let me be clear that terrorism is abhorrent and should be punished to the full extent of the law. However, let me be equally clear that terrorists belong in jails, not on a plane overseas. This is a matter of principle. We cannot create two different tiers of Canadian citizenship and we cannot ship our problems overseas for other people to deal with. That has never been the Canadian way.

My husband Salman and I have two sons. Umaid is 17 years old and Usman is 15. They are like many Canadian children. They love basketball and the Toronto Raptors, and were two of my best door knockers during the campaign. Usman was born in Canada, while Umaid was born just before we left Pakistan and came here as a baby. They have much in common with their classmates, but there is one difference. While Usman was born here and Umaid was not, both are still dual citizens and both could be stripped of their citizenship under Bill C-24.

How can I tell my two sons that they are different from their classmates? They both feel Canadian to their core and deeply love this country and all it stands for. Should Umaid and Usman really be treated as second-class citizens? This is wrong, and it goes against the fundamental values of the country they both grew up in, which shaped them into the fine young men they have become.

That is why I was so proud, not just as a candidate but as a mother, when the Prime Minister came to my campaign office for a rally during the first week of the election campaign and promised to repeal this provision of Bill C-24. My sons and many more sons and daughters heard the Prime Minister reassert those core Canadian values when he told us, “A Canadian is a Canadian is a Canadian”. With Bill C-6, none of our children will ever again have to feel like second-class citizens in the country they love.

Our diversity is our strength and we are stronger, not in spite of our diversity but because of its diversity.

There are a number of other worthy elements of Bill C-6 that I would like to draw to the attention of the House. Of particular interest to my constituents in Scarborough Centre are the changes to the language testing requirements, returning the age range required to pass the language testing to the age group 18 to 54.

Encouraging family reunification is an important goal of this government, including parents and grandparents, and these provisions will make a major difference in this regard.

I know many Filipino and Gujarati families in Scarborough where the grandparents have come to Canada to join their children and grandchildren, and are making vitally important contributions to both our society and our economy.

With one Filipino family in my neighbourhood, the grandmother comes to take the kids to school first thing in the morning, and then takes them home afterwards and looks after them into the evening. In the summer, she takes the children to summer camp and on activities and outings around the city. By taking care of her grandchildren during the day, she allows her son and her daughter-in-law to both work full time, contributing to our economy and allowing them to provide more opportunities for their children.

I know one Gujarati families in Scarborough grandmother who looks after six grandchildren. I do not know how she does it, but these grandmothers and grandfathers and the child care they provide, as well as the emotional support they provide to their children, are invaluable to our economy.

I agree that new Canadian citizens should be required to meet a certain level of English or French proficiency. However, do we really want to force the 64-year-old Filipino grandmother to pass a demanding language test? I would rather have her grandchildren teach her while they are at the park.

Finally, I would like to touch on the various changes to residency requirements to applying for Canadian citizenship that would be made by Bill C-6. The proposed bill will help permanent residents become Canadian citizens sooner by reducing the time they must be physically present in Canada before being able to apply, from four years to three years. Applicants will also receive credit for time they were present in Canada without being a permanent resident, for example, if they were studying on a student visa or a skilled worker.

My feeling is this. If individuals are hard-working contributing members of society, if they love our great country as much as we do and want to take that next step and join us as a citizen, then I see no reason to make them wait so long. They are exactly the kind of person we want to join our Canadian family.

With Bill C-6, this government delivers on its promise to restore the integrity of Canadian citizenship and reaffirms our Canadian values of openness, fairness, and equality. Today, we can proudly say once again, with our heads held high, that we live in the greatest country in the world, and that a Canadian is a Canadian is a Canadian.

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March 10th, 2016 / 1:50 p.m.


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Conservative

Michael Chong Conservative Wellington—Halton Hills, ON

Madam Speaker, the bill before the House will create two-tier citizenship. The current law, law as amended by Bill C-24, levelled the playing field of citizenship. It meant that whether or not an individual was native born or an immigrant who became naturalized, both of those types of citizens could have their citizenship revoked if they had another nationality, or held dual citizenship, and had committed certain acts.

The bill will create two-tier citizenship because it will remove the right of the government to revoke citizenship for native-born Canadians, but keep it in place for those immigrants who come here and become naturalized Canadian citizens. That is two-tier citizenship.