Strengthening Canadian Citizenship Act

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

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

Sponsor

Chris Alexander  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 7:55 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, the member from Winnipeg North talked about the government creating its own crisis relative to this bill. It would be nice if the member could tell us what he really thinks. He is not being very direct.

The member mentioned truck drivers and the need to have a passport. That is a big issue in my own province of Prince Edward Island. Several trucking firms have approached me. They need drivers. We do a lot of international business across the U.S. border. The addition of one year really impacts those individuals.

As well, I wonder if the member could tell me the impact on the economy. The government talks about the economy, but really undermines it in many ways. This is just another way. We do not have the drivers to do the business that drives the economy.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 7:55 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, there is a high demand for long-haul truck drivers. Does it have an impact?

It is closer to three years in terms of the waiting period to get citizenship. A truck driver could be waiting a long time to acquire Canadian citizenship and a passport. It is purely processing time.

I want to pick up on it being a crisis. This is not unique to citizenship. One of the most controversial issues in the House of Commons over the last few months has been the temporary foreign worker program. It is the Conservative government that created the crisis. The Conservatives say that the Liberals did not deal with the issue. The simple answer is that there was no crisis back then. It is the Conservatives that created the crisis. Now they are in a position to try to fix it.

It is no different with the citizenship process or dealing with economic immigrants. The Conservatives come up with weird ways to resolve a crisis. Let us remember what they did with the skilled workers. There were over 300,000 applications, and the previous minister of immigration hit the delete button. He deleted 300,000 applications.

There are court actions and all sorts of problems with it. The Conservative government creates the crisis and then it tries to blame it on someone else. Then it tries to take credit for hopefully fixing it. I do not think there is enough time left in its mandate to rectify the serious problems in the immigration and citizenship file.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 8 p.m.


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Calgary Southeast Alberta

Conservative

Jason Kenney ConservativeMinister of Employment and Social Development and Minister for Multiculturalism

Mr. Speaker, I am pleased to join in the debate on Bill C-24 and the major changes it makes to the Citizenship Act.

I am pleased to take part in the debate on this bill, which makes significant changes to our Citizenship Act. I am proud to be with the hon. Minister of Citizenship and Immigration, who introduced this bill. As the former minister of citizenship and immigration, I worked hard with the public servants at Citizenship and Immigration Canada and with new Canadians to strengthen the value of Canadian citizenship, which is one of the most important things we possess as parliamentarians and citizens. Citizenship unites us and defines us. It is the basis of our values and our shared identity as members of the Canadian family.

When I became the minister of citizenship and immigration in 2008, I quickly learned from new Canadians of all backgrounds because I listened to them. Those new Canadians, from more than 180 countries around the world, came to Canada to start a new life and become Canadians. They were chasing the Canadian dream, freedom and opportunity. As economic immigrants from the four corners of the world, they wanted to benefit from freedom and the rule of law, traditions enshrined in our constitutional and parliamentary system.

The vast majority of those new Canadians shared a sense of Canadian identity and a sense of duty towards this country. They wanted to strengthen that identity. They did not want to pursue diversity for the sake of diversity. They appreciated our country's diversity, yes, but they appreciated the unity of that diversity even more. That is what I learned and heard from new Canadians of all backgrounds.

I also learned that new Canadians are clearly the strongest defenders of the importance of the integrity and value of Canadian citizenship. New Canadians were the ones who brought to my attention some of the terrible situations and fraud networks that seek to abuse our immigration and citizenship system. New Canadians were the ones who informed me of unscrupulous consultants who manufactured evidence of residency in Canada for obtaining citizenship.

New Canadians were the ones who complained to me about new citizens who cannot speak one of our official languages and therefore cannot really be active members of our society. New Canadians were the ones who told me, with regard to our shared citizenship, that not enough value is placed on the knowledge of our country, its history, its identity and its values.

When I became Minister of Citizenship and Immigration in 2008, by listening with some humility, I hope, to new Canadians from all origins, I learned that their view was that successive Canadians governments had not invested enough importance in protecting the integrity of our shared citizenship.

I learned from these new Canadians about fraud networks organizing fake proof of residency to obtain citizenship and people becoming citizens who did not speak either of our common languages, even at a basic level. They also knew little or nothing about our country's identity, history, and values.

That is why, in 2009, we launched the citizenship action plan to re-establish the value of Canadian citizenship and restore integrity to the process of its acquisition. It was to say that Canada is an open and generous country, but that it will not tolerate those who seek to abuse its generosity. We went systematically through all of the different aspects of the program. We began with combatting citizenship fraud.

I insisted that our officials at CIC focus not just on the quantity of applications processed, but also take seriously the quality of those applications, meaning that they ensure that people actually meet the real legislative requirements contemplated by this Parliament in its adoption of the 1977 Citizenship Act. Specifically, applicants for citizenship first have to demonstrate that they are resident in Canada for at least three out of four years. Second, except for those with severe learning disabilities or those who are older or very young, they have to demonstrate that they can communicate in one of the two official languages. Third, applicants have to demonstrate a basic knowledge of Canada.

What did we find? First of all, in terms of residency, we found that there were consultants out there brazenly selling, as a service to foreign nationals, the fabrication of false evidence of their residency. If members do not believe me, they can go and google it and see online that there are consultants in certain parts of the world who brazenly advertise the value of Canadian citizenship.

To give one regional example, in the Gulf states, a foreign national from a developing country who gets a Canadian passport finds that their salary suddenly increases. There is a commercial value attached to the acquisition of a Canadian passport, but some people do not want to come here and actually live here in order to obtain it. They would rather stay in a tax haven, making a good living while a consultant fabricates fake receipts for rent, financial transactions, and the like. These consultants are handsomely paid.

I would like to thank and commend members of the Canadian Lebanese community for having brought this issue to my attention. When I learned about it, I insisted that our officials, the Border Services Agency, and the Royal Canadian Mounted Police investigate these allegations of fraud, which they did. As a result, to date more than 10,000 cases have been identified of individuals either obtaining citizenship fraudulently or being in the process of doing so. We know that there are many thousands more.

To put this into perspective, it is a relatively small fraction of the overall number of people who obtain citizenship. However, to protect the value of the passport for bona fide citizens, we have to clearly demonstrate serious sanctions and rigour for mala fide applicants of citizenship. They would be the applicants who do not actually live here or who have no connection to Canada.

Similarly, I was disturbed in my early tenure at immigration to encounter a significant number of people who had obtained Canadian citizenship in their adult years, whether they were middle-aged or in young adulthood, but who could not communicate in either English or French. The notion that citizens should be able to speak one of our two languages is not an invention of the government. It is not unique to Canada. It has always been a feature of our citizenship law, ever since the first one was adopted in 1947 by the government of Prime Minister Mackenzie King.

Why? It is because citizenship represents full membership in our political community. It implies participation in our shared civic life. It grants the right of self-government through voting to select one's own government or, indeed, of participating in it by running for public office. One cannot do those things fully if one does not have the ability to communicate with one's fellow citizens.

This is not to denigrate or make a pejorative judgment about those among us in Canada who have limited or no English or French language proficiency, many of whom are wonderful, hard-working people and well intentioned. We honour them and we hope that they will become full members of our civic community. We invest hundreds of millions of dollars to this end. This government has tripled the public spending on settlement services, including free language classes to assist those people in becoming proficient.

By the way, the opposition members always say we should have evidence-based policy. I agree, and that is what this bill is based on. The evidence tells us that language proficiency in English or French is the single most important factor in the economic and social success of newcomers to Canada, bar none. That is not an opinion; that is the cumulative result of virtually every study done in this respect in Canada and around the world.

Language proficiency in English or French in this country is the key that unlocks opportunity. It is the bridge into our full participation in our political and civic community. We do no favours to tell new Canadians that we will ignore it if they do not have even basic competency in English or French. That is analogous to telling high school students that even though they do not pass the grades, even though they are not numerate or literate, we will give them social passes through to grade 12. We all know that does not do them any favour when they get out into the real world; similarly, it does not do newcomers any favour to tell them that they can become members of a community with which they cannot yet communicate.

It is no coincidence that these words come from the same root. Citizenship is entrance and participation, full membership, in a community, which is obviously implicitly predicated on the ability to communicate. That is why, as part of the citizenship action plan, we defined clear, objective benchmarks for proficiency in English or French for the first time and began testing people. In the past they just had to come in and do a two-minute interview with CIC officials. They would frequently be coached by their immigration consultants on the standard questions. That is how people with no language proficiency in English or French ended up fraudulently, I would say, obtaining our citizenship. It was wrong and it no longer happens.

Then we went about revising our program on knowledge of Canada. That is the third requirement. In the 1977 act and the 1947 act, it is required that people must have a basic knowledge of Canada's values, history, laws, and political system. It is what is called civic literacy.

Again, this is not a reflection of this government or of me alone, but of people across the political spectrum, including many social democrats, many small-l liberals, and many academics and intellectuals. They include people like Jack Granatstein, a prominent Liberal and Canadian historian; people like Andrew Cohen, a prominent small-l liberal professor at Carleton University and author of a book on this subject; people like Rudyard Griffiths, who wrote another book on Canadian identity. All of them, and others, have identified a real challenge in this country with respect to civic literacy, including understanding our political institutions and how they took shape and what our obligations are—not just what our rights are, but also what our responsibilities are as citizens. These things are essential, especially in a country of such diversity, especially in a country that is maintaining one of the highest levels of immigration in the developed world, especially in a country that welcomes a quarter of a million permanent residents every year.

We must be intentional about ensuring that those newcomers who become members of our community through the citizenship process know the country they are joining and understand its laws and its customs. This is why, for example, we were very blunt in the new citizenship guide, Discover Canada, which leads to the new and admittedly more rigorous test, in saying that Canada's tolerance and generosity do not extend to certain barbaric cultural practices, including so-called honour crimes, female genital mutilation, spousal violence, et cetera, and that such crimes are condemned and severely punished in Canada”.

In Canada, we are generous, we are pluralist, but we believe in certain objective values, such as the equality of men and women, values that are rooted in our history and our identity. That is why we brought in the new test and why we brought in the new study guide. In the old test, which was 20 multiple choice questions, one standard set of questions, unethical ghost immigration consultants got the answer key and actually sold it to applicants for citizenship. Consequently, 98% of those who wrote the citizenship knowledge test were passing, because they just memorized the answer key and because, frankly, the information was so insipid.

Under the citizenship guide called “A Look at Canada”, published by the previous government, there were nearly two pages of information on recycling, but there was not one sentence on Canadian military history. This building was reconstructed in the 1920s partly as a monument to our war dead from the Great War. The Peace Tower houses the names of over 114,000 Canadians who made the ultimate sacrifice for our democratic rights. Our citizenship is predicated on those rights, yet new citizens could write the test and become Canadians without ever having heard or read a word about our war dead, about the greatest Canadians.

This government took the position that it was more important for new Canadians to know the meaning of the red poppy than the blue box, more important to know about our military history than such prosaic mundane matters as recycling.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 8:15 p.m.


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Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

The War of 1812.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 8:15 p.m.


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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Yes, indeed, Mr. Speaker, we even know the role of aboriginals, francophones, and English Canadian militia together defending this country against the American invaders in 1812. Yes, we are proud of those who made sacrifices to create this wonderful experiment in ordered liberty in the northern half of North America. We do not ridicule their role in Canadian history. It is interesting that back in the day, the War of 1812 was considered a Liberal touchstone of Canadian nationalism, but now it is ridiculed by members of the Liberal Party.

We believe in civic literacy. This is not to say that every new citizen should be fluent in English or French or have a Ph.D. in Canadian history, but they should have some basic grasp of knowledge of the country of which they are becoming members. The culmination of all of this is the act that is before us. It is the first major legislative effort to reinforce the value of Canadian citizenship. I know from empirical public opinion research and from my endless anecdotal experience that the vast majority of new Canadians, both citizens and permanent residents, support the strengthening of our citizenship, such as the provision to allow for the deemed revocation of citizenship from convicted terrorists and traitors. Let me say a word about that because it has been a subject of contention here.

Citizenship is predicated on reciprocal loyalty: the loyalty of Canada to the citizen and the loyalty of citizen to the country. Our laws have always permitted a renunciation of that citizenship. American Texas Senator Cruz just renounced his citizenship this week, as an example. Therefore, one can renounce one's citizenship and it can be revoked if it was obtained fraudulently. Every other Liberal democracy in the world—save one, Portugal—including the United Kingdom, the United States, Australia, New Zealand, France, the Netherlands, and Sweden say that if someone commits a violent act of disloyalty against his or her country, it constitutes a repudiation of his or her citizenship.

We should not wait for someone to commit an act of violent treason or terrorism against this country to sign a form renouncing his or her citizenship, because he or she has renounced it in his or her violent action. That is what this bill says. By the way, 83% of Canadians polled support the deemed renunciation of citizenship from convicted terrorists or traitors, and a larger majority of those born abroad support it than those born in Canada. This bill is being proposed precisely to support new Canadians and the value of their Canadian passports and to reinvigorate their pride in their shared citizenship. We support them and we invite the opposition to do the same.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 8:20 p.m.


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NDP

Pierre Dionne Labelle NDP Rivière-du-Nord, QC

Mr. Speaker, I listened carefully to the minister. He brought up the issue of terrorists. We know that the definition of terrorist may vary from country to country.

Imagine that someone who opposes the dictatorship regime in China, a country with which we signed a free trade agreement, is accused of being a terrorist and seeks refuge here. Would we let that person come to Canada? I would like the minister to answer that question.

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June 12th, 2014 / 8:20 p.m.


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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Mr. Speaker, first of all, fortunately, we do not have a free trade agreement with China. Second, clearly we would allow that person to come to Canada and, after the bill is passed, we will allow bona fide refugees from China who are unfairly persecuted by the Chinese system to come here.

Under the existing Immigration Act, a foreign national who is found guilty of a crime, such as terrorist activity or other serious offences that would also be considered crimes in our country, is not eligible to come to Canada. The same standard exists in the citizenship bill. The existing Citizenship Act clearly states that anyone who commits an offence overseas, such as an act of terrorism, that would also be considered an offence in Canada is inadmissible as a permanent resident or citizen. The key is figuring out whether the crime is actually a crime under Canadian law and not just under Chinese law.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 8:20 p.m.


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Liberal

Scott Brison Liberal Kings—Hants, NS

Mr. Speaker, I listened intently, as I often do to my colleague the minister. I have said, to enough people that it probably has made its way back to him at some point, that I actually believe him to be the most rigorous and hard-working minister in the cabinet. In the land of the blind, notwithstanding the fact that I disagree with much of what he says, he is eloquent and very articulate and rigorous in his arguments.

I know the minister has spent a significant amount of time with Canada's multicultural communities and has worked hard within those communities. I have spent a fair bit of time with those communities as well. When they speak of Pierre Trudeau, Canada's citizenship laws, Canada's identity and multiculturalism, and these policies that have defined a modern Canada, they speak in a very positive way.

Does the minister agree with his successor, the new Minister of Citizenship and Immigration, that the changes made to Canada's Citizenship Act in the 1970s cheapened our citizenship?

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June 12th, 2014 / 8:20 p.m.


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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Mr. Speaker, I thank the member for Kings—Hants for his very kind words. He and I were both elected to this place 17 years ago last week, I believe. We are becoming old veterans of this place. Hard to believe, we were both elected in our twenties. I thank him for those comments. I hope that the comparative remark was not being damned by faint praise.

Objectively speaking, the 1977 Citizenship Act did lower the bar to obtain citizenship quite significantly. At the time, I am sure that it was well intended. However, I honestly believe the consequence of it has been that some people, thankfully a small minority, have consequently taken our citizenship for granted. I refer to that not insignificant number of people who I know obtained or sought to obtain citizenship without living here, as I said before, and without really speaking one of our languages or knowing much about our country.

The bill before us is not radical, is not a change by orders of magnitude. It is more in the order of a change of degree or modification, raising citizenship for residence requirements from three years to four years, for example. It would still be easier to obtain citizenship under the scheme proposed in the bill than in virtually any other country in the world.

We are saying that we should re-establish the value of citizenship. Maybe we went too far in lowering the standard that allowed, regrettably, some small minority to take our citizenship for granted in 1977. Hopefully we can find a consensus on this issue.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 8:25 p.m.


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Newmarket—Aurora Ontario

Conservative

Lois Brown ConservativeParliamentary Secretary to the Minister of International Development

Mr. Speaker, one of the very unfortunate issues that we deal with in constituency offices, and it happens in my constituency office in Newmarket—Aurora, is that people who have been misled by immigration consultants come into the office. It is unfortunate that in many cases they have spent enormous amounts of money attempting to get their citizenship, yet they have been led down the garden path, as it were, and have not had the proper instruction.

My colleague has spent a fair bit of time working on issues related to this problem. Could he comment on how we would regulate immigration consultants?

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June 12th, 2014 / 8:25 p.m.


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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Indeed, Mr. Speaker, one of the things I became aware of as Minister of Immigration was the terrible stories about exploitation by “ghost” or unscrupulous immigration consultants. We brought in a new law that makes it a crime to operate as an unlicensed immigration consultant at any stage during the process of an application. If individuals facilitate an immigration application for consideration, they now must be licensed consultants.

We put in a new regulatory body with much more integrity and much more of a focus on enforcement called the Immigration Consultants Regulatory Council of Canada.

The bill before us seeks to add citizenship consultants to that regulatory framework. Those who sell advice or facilitate applications for citizenship for a fee, for consideration, would now have to be licensed consultants in good standing of a regulatory body designated by the Minister of Citizenship and Immigration to make sure that there is follow-up. If people are cheated, robbed, or given bad advice, they can make a complaint. Sanctions could be laid and the consultant could lose his ability to pursue that business.

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June 12th, 2014 / 8:25 p.m.


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NDP

Marc-André Morin NDP Laurentides—Labelle, QC

Mr. Speaker, the minister just talked about people who renounce their citizenship and the possibility to do so. He talked about Google. I have been wondering for some time about the case of a Canadian citizen who committed fraud, was sentenced and spent years in a U.S. prison. He gave up his citizenship to get a British title. My question is very short: what is happening with Conrad Black?

What can the minister tell us about his case?

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June 12th, 2014 / 8:25 p.m.


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Conservative

Jason Kenney Conservative Calgary Southeast, AB

Mr. Speaker, clearly, under the Privacy Act, the minister cannot comment on a particular case. That being said, a foreign national who applies for permanent residence is ineligible if he has committed a serious crime. However, there is a review process.

The process is called restoration.

This means that a foreign national who was sentenced for a serious crime cannot acquire Canadian citizenship, but the legal procedures for reviewing that sort of decision still apply.

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June 12th, 2014 / 8:30 p.m.


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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I would like to say that I will be sharing my time with the member for Chicoutimi—Le Fjord.

I am very pleased with the tone of the debate this evening. I think that this is an important issue. Evidently, everyone here thinks so and sees the importance of our efforts as parliamentarians.

My colleague's question about an exceptional case was quite pertinent because, after all, the minister—we have to recognize this—is speaking with a great deal of experience, and will only point out the positive aspects of this bill, which is not his bill but that of his colleague. His reply to my colleague's question revealed precisely the element of discretion in a decision about a private case, and that is what bothers me the most about this bill.

I am not an immigration expert, but like all MPs, many cases are brought to my attention and my staff does a good job of handling them. I am the MP for the riding of Longueuil—Pierre-Boucher. Many people choose to settle in this riding when they come to Canada. On many occasions we have to deal with the problem of people who apply for citizenship and then are confronted with a very unwieldy system.

I find it reassuring that the government has decided to address the state of the immigration system and that it has chosen to move forward with legislative reforms because the immigration mechanism seems to be broken and unwieldy today.

In my riding of Longueuil—Pierre-Boucher, I see some very serious problems, which have particularly serious consequences for the human beings who come to our offices because they are caught in a process that is literally frozen. These are individuals, families and people who have come from elsewhere to earn a living, to work on a project and quite often to contribute to their adoptive country.

The people who come here have not seen their families in sometimes two, three or four years. They hope that by filling out the right forms and being patient, they may perhaps bring their loved ones closer to them. However, the crisis in the system that handles immigration applications is more serious than ever.

Every day in Longueuil, I hear about men and women who have been waiting for months or years to see their spouses. This situation is the result of the decisions and the policies of our friends opposite, our Conservative friends. It is also the result of budgets that have been reduced while needs have grown. Those decisions have tremendous repercussions on people's lives.

Actually, the processing times beggar belief. In June 2014, to sponsor a spouse or a dependent child, the processing time was 23 months at the Canadian embassy in Beirut, Lebanon. To sponsor a spouse living and waiting in Kenya or South Africa, the wait is 21 months. At our embassy in Senegal, you have to wait 25 months before getting a call back; in New York, it is more than 30 months. More than two years, that is ridiculous!

These are figures, but for the people on the waiting lists, they are not just figures. For the people that I met in Longueuil and those my team met in our offices, these are not just figures. These are real lives. They spend months and years of distress, helplessness, sleepless nights and loneliness worrying about their loved ones. It is their host country that is imposing this on them.

These are the consequences of poor decisions made in Ottawa relating to money invested far from where the needs are the greatest. That is the real problem. However, there is nothing tangible before us today that addresses this specific emergency.

We have seen demonstrations here on Parliament Hill. Take for example the 10,000 people who had filed their applications at the Citizenship and Immigration Canada office in Buffalo, in the US, shortly before the government closed that office. Every one of those applications were redirected, sent from one office to another and lost for more than a year, leaving the applicants worried and apprehensive.

The minister of immigration at the time reacted by calling this huge blunder an effectiveness measure for taxpayers. I kid you not. When a government proves itself unable to run a visa office, it is certainly not a measure of effectiveness for our international reputation.

We know that the challenges are enormous. However, we regret that the government has not been up to the challenges of the immigration file. The resulting chaos has reached proportions that are, frankly, embarrassing and unworthy of a G7 government and a country that would impose quality standards in the provision of services to citizens.

When the cries of those caught up in the mess were heard loudly enough to have a bearing on the Conservatives’ electoral prospects, then we finally saw money being thrown at the problem in the 2013 budget. We are talking about $44 million over two years. Since the money will not go any further, we are in the last year of that spur-of-the-moment cash grab.

In view of the crisis, the government resolved more than once to resolve the problem, but we saw that the situation got worse, not better. We see today that the processing times and the backlog of applications have doubled since the Conservatives came to power. That is really something!

Despite this disastrous situation that has particularly affected many residents of Longueuil, we see that Bill C-24 contains no effective solutions for reducing the bottlenecks in the immigration system, which really seems to have broken down completely.

I would like to focus on what is probably the most appalling and the most worrying aspect of Bill C-24, and that is the across-the-board attribution of powers to the Minister of Citizenship and Immigration. This is a trend we have seen frequently and in many different forms. The Conservatives prefer to put powers in the hands of ministers and their staff, because it allows them to act without accountability and behind closed doors.

Bill C-24 proposes giving the Minister of Citizenship and Immigration the power to revoke citizenship in certain specific cases. For example, a person who has been convicted on certain grounds, in Canada or abroad, may have his Canadian citizenship revoked, not in a fair and equitable trial in the courts, but by the minister's office. This means that the minister will be asked to make such decisions by himself.

This is also the case when the minister, or his staff, is convinced that a person obtained Canadian citizenship through fraud. While previously these issues were decided by cabinet or the courts, now it is the minister's office that will have the authority to revoke Canadian citizenship on the basis of suspicions. In other words, this is a power that will not be exercised in a fair environment.

We are being asked to trust the Conservatives. Really? We are being asked to close our eyes to the exercise of this discretionary power. I do not think so.

We are right to ask questions about this procedure. When someone commits a crime, there are consequences and penalties that are applicable to everyone, regardless of ethnic, national or social origin. This is how things happen in Canada, as they do in countries that respect fundamental rights. Our courts are the tools we use to judge illegal acts and impose punitive or dissuasive measures.

The powers that would be granted to the person holding the office of minister of citizenship and Immigration under Bill C-24 are also dangerous because they would allow the minister to base his decision to revoke citizenship on a judicial decision handed down in another country.

For example, let us look at the power of the minister to consider a conviction handed down in another country carrying a prison sentence of five years or more for an offence which, if it had been committed in Canada, would have been classified as a terrorist offence under the Criminal Code. This means that decisions made by Canada would be based on judicial rulings handed down even in a non-democratic country, or in autocratic or totalitarian regimes, or even in states where the justice system is corrupt.

What Bill C-24 proposes is that while most citizens would receive a criminal sentence, others could lose their Canadian citizenship. We are talking about a two-tier citizenship: some fully benefit from the rights associated with being a Canadian citizen, while others have conditional or temporary rights.

This very problematic way of doing things is also reflected in the government's proposal to now require that a citizenship applicant confirm his intention to reside in Canada. That is an unreasonably vague condition, and it puts a heavier burden on applicants. In other words, by obtaining his citizenship under this condition, a new Canadian may have doubts about rights that are usually taken for granted by other Canadians. He can legitimately wonder whether he has the right to travel over long periods of time and whether he can work abroad without getting his citizenship revoked by the government because he did not demonstrate an intent to reside in Canada.

Freedom of movement should be a prerogative of all Canadian citizens, not just those who were born here. The president of the Canadian Association of Refugee Lawyers talked about an “implicit threat” that will generate a sense of insecurity and worry among people, given that the government may decide to arbitrarily revoke their citizenship if they leave Canada too soon, or if they stay abroad too long.

Since I only have one minute left, I will now talk about our strong feeling that this bill gives too much power to the minister and his office.

We have reasons to find it sad to see a party that keeps boasting about its love for multiculturalism, and whose ministers tour immigrant communities during election campaigns, suddenly turn around and make family reunification harder and Canadian citizenship less accessible.

We, on this side, are convinced that a more humane approach to immigration is needed. We know that immigrants contribute tirelessly not only to our economy, but also to the common good. We know that when family members are allowed to live together, their lives and health are better, and we make sure they have an integration and support network to better connect with their host community in Canada.

I sincerely hope the Conservatives will take note of our concerns and will acknowledge them, not only in the context of this bill but also in their actions over the year and a half left to the 41st Parliament.

Strengthening Canadian Citizenship ActGovernment Orders

June 12th, 2014 / 8:40 p.m.


See context

Richmond Hill Ontario

Conservative

Costas Menegakis ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I thank the member for the focus he has put on Bill C-24, the strengthening Canadian citizenship act, by being present this evening to speak to it and ask questions.

However, the member made reference to the fact that there was not much in the bill to deal with the backlogs. I am sure it was probably an oversight on his part.

I would like to focus his attention on a specific part of the bill that would change the decision-making process for granting citizenship from a three-step process to a one-step process. In effect, this would give officials in the citizenship and immigration stream, who are familiar with cases, the right to grant citizenship, rather than go through the three steps they go through now.

Experts in the field and officials from the Department of Citizenship and Immigration have done the analysis. We estimate that going from a three-step process to a one-step process will reduce the processing time from as high as 30 months to under a year.

Is the member familiar with that, and could he comment on the three-step to one-step process?