Bill C-24 (Historical)

Strengthening Canadian Citizenship Act

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

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

Message from the Senate

[The Speaker, Andrew Scheer]

I have the honour to inform the House that messages have been received from the Senate informing this House that the Senate has passed the following bills: Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts; Bill C-489, An Act to amend the Criminal Code and the Corrections and Conditional Release Act (restrictions on offenders).

I also have the honour to inform the House that a message has been received from the Senate informing this House that the Senate has passed the following bill to which the concurrence of the House is desired: Bill S-218, An Act respecting National Fiddling Day.

Respect for Communities Act

[Mylène Freeman, NDP, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am pleased to stand and speak to Bill C-2. It is an example of a trend in the government. I will explain myself throughout my speech.

I am concerned about the way in which we go about making laws in this country. This legislation is an example of the Conservative government's leadership when it comes to drafting legislation and bringing it to the House. How the government acts in public really flies in the face of the Canada that I grew up in and the Canada I am proud to be a part of. Now when I stand in the House I feel very sad for our legislative process.

To begin, I want to talk a bit about what the bill is really about. It is not really about respecting communities, again a trend in some of the bills that we see, for example, safe communities and so on. This legislation is not at all about communities. It is about marginalizing those who are already marginalized. It is about putting further violence in the lives of those who already live with so much violence. It is about putting in danger those who are already in danger.

Essentially, this entire legislation is about InSite. For those who may not be familiar with InSite, it is a place in the Vancouver area where those who are addicted to drugs can go for safe injection. We all understand what addiction is, at least those of us on this side of the House, and that there are ways to make it safer for individuals to break a habit so they can escape the cycle of drug abuse. If they cannot break the cycle, and that can be the case for some, at least they would not be put in a more vulnerable position.

Following an increase in the number of overdose deaths in Vancouver between 1987 and 1993, Vancouver Coastal Health and community partners set up InSite. Since then there has been a huge decrease in diseases such as Hep A, B, C, and HIV/AIDS.

InSite was originally exempt under the Controlled Drugs and Substances Act. In 2008, the exemption under Section 56 in the Controlled Drugs and Substances Act expired. That has caused us to be in the situation we are in now. The minister of health at that time denied its renewal and that resulted in subsequent court cases. It was brought up to the Supreme Court of Canada.

In 2011, the Supreme Court ruled that the minister's decision to close InSite, to not renew the exemption under the Controlled Drugs and Substances Act, was a violation of the charter rights of those who were part of the program. The minister's decision was “...arbitrary, undermining the very purposes of the Controlled Drugs and Substances Act, which include public health and safety”.

That is an overview of why we are here. We are here now because the Conservatives are not in agreement ideologically with the Supreme Court's ruling. This legislation would impose extremely stringent conditions on places like InSite and would really dissuade any other communities that have the need for such programs from participating in them.

In a sense this legislation is only about InSite. In a sense the bill exemplifies a trend in the Conservative government.

The Conservatives have such profound disrespect for any Supreme Court ruling that comes forward and that goes against their ideology. They have a complete disrespect for the judicial branch in this country and the fact that when a decision is made by the Supreme Court, if they do not like it, then too bad. They are not the defenders of rights and freedoms in this country, the courts are. That is why we have a separate judicial process. Unfortunately, the Conservatives keep finding ways of going around any of those decisions that are made by bringing forward legislation that flies in the face of it, sort of goes around it so that it fits their ideology.

For instance, the court in this case based its decision on section 7 of the charter, “Everyone has the right to life, liberty and security of a person and the right not be deprived thereof, except in accordance with the principles of fundamental justice.”

This is extremely common. We are seeing the Conservatives disagree with fundamentally, ideologically, in Supreme Court rulings things that have to do with people's security, people's health, people's right to life. That is what is so scary about this trend. The Supreme Court did rule that InSite and other supervised injection sites must be granted a section 56 exemption when they decrease the risk of death and disease and there is little or no evidence that they have a negative impact on the community. InSite does not have a negative impact on the community, quite the opposite, it has a very positive impact on the community. The Conservatives now have to go through this bill to try to create stringent conditions for InSite.

This is blatant disrespect and disregard for the InSite ruling. it completely flies in the face of it. This is in the context of a government that has challenged the Supreme Court over and over again through these backward ways of bringing in legislation to the House that flies in the face of a ruling.

For instance, we are thinking of a very close case in my opinion, the same type of situation. Bill C-36 was recently put down. It really flies in the face of the Bedford decision, which was very clear that given the dangerous conditions of sex work, those who are engaged in it need to be able to take the steps to protect themselves. Now we have a bill that is so disempowering. It is not an exaggeration to say that lives would be put at risk due to this legislation.

We also have Bill C-24, which is the immigration bill that creates dual citizenship. Dual citizens are treated as second-class citizens who potentially would be deported and put in danger in countries they may never have even known.

This is also in the context of several crime bills that have been returned due to their unconstitutionality. We see over and over that the Conservatives are marginalizing at-risk Canadians and further marginalizing already marginalized groups.

The many justice bills of the Conservatives, as I mentioned, follow the same model. They ostracize, isolate, and divide people. Instead of trying to address the root issue, the Conservatives tackle symptoms without even looking for the source of the problem. They throw people in jail without helping them reintegrate into society, and that does not solve the problem.

Let us not forget the unelected and unaccountable Senate blocking my colleague's bill on gender identity, creating rights for trans Canadians who are so marginalized and are put in situations of violence. I do not think I have time to get into the difference between an unelected, unaccountable Senate going against the elected thoughts of the House, and the judicial process, which is to protect the rights of Canadians despite the democratic processes that happen in this House.

The Senate works against that process, but over and over, the government is choosing ideology over facts. In these cases, every time the government is going to outrageous lengths, really, to subvert the courts, and these bills. I am not exaggerating, I know am out of time but I really want to get this out. These bills are putting people in danger--

Calgary International Airport

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, Calgary International Airport, located in my riding, is the third busiest airport in Canada, contributing $6 billion to the economy.

Last weekend I joined 12,000 Calgarians to celebrate the opening of the longest commercial runway in Canada. This is the only runway in Canada that has a 100% eco-friendly LED lighting system. It will save 60,000 kilowatt hours per year, which is the equivalent to a saving of 41.3 metric tonnes of carbon dioxide annually.

Calgary airport is an economic driver for western Canada, and I congratulate the Calgary Airport Authority on this historic milestone.

Before my time is up, I would like to thank all of my colleagues who supported the passage of Bill C-24, the strengthening Canadian Citizenship Act, yesterday, especially our hard-working Minister of Citizenship and Immigration for including provisions from my private member's bill, Bill C-425.

Citizenship and Immigration

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, it is my pleasure to table a petition from residents of Edmonton, who are concerned that Bill C-24 unfairly treats current Canadian permanent residents. I have met with a number of these signators, who are expressing concern with the longer wait times. They have diligently learned to speak English well, in some cases French, have even played hockey, and they think that this bill would treat them unfairly. They would like to have their time served as permanent residents and students put toward becoming citizens.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons]

Mr. Speaker, I am pleased to have another opportunity to respond to the Thursday question from the hon. member for Burnaby—New Westminster.

I know how proud he claims to be about showing up to work. In fact, though, the New Democrats seem to have a spotty record on that. Last evening, that very member rose to speak to our government's bill to protect our communities and exploited persons—that is Bill C-36—and after one whole minute he moved to adjourn the House. He said we should all go home. Maybe that is the parliamentary equivalent of taking one's ball and wanting to go home when one is unhappy with how things are going in another meeting.

In any event, we did all dutifully troop into the House to vote on that at 6 p.m. However, what was very revealing was that only 61 of those 98 New Democrats stood in their places to vote. A few of them were missing their shifts, oddly. We did not find that on the Conservative side. In fact, we just had two votes in the House, and the number of New Democrats who were not standing in their places was very similar to that.

Therefore, when I ask myself who is not showing up for work, I can say it is not the Conservatives not showing up; it is, in fact, the New Democrats.

However, following the popular acclaim of last week's Thursday statement, I would like to recap what we have actually accomplished in the House since last week in terms of the legislative agenda.

Bill C-37, the riding name change act, 2014, which was compiled and assembled through the input of all parties, was introduced and adopted at all stages.

Bill C-31, the economic action plan, act no. 1, was adopted at both report stage and, just moments ago, at third reading.

Bill C-24, the strengthening Canadian citizenship act, was concurred in at report stage.

Bill C-20, the Canada-Honduras economic growth and prosperity act, was passed at third reading. Of course, the NDP tried to slow down its passage, but Conservatives were able to get around those efforts, as I am sure the 50 New Democrats on vigil in the House last night fondly appreciate, and we were able to extend our hours because there were, again, not even 50 New Democrats here in the House to stand in their places to block that debate as they wanted to, so we did finish the Canada-Honduras bill that night and were able to vote on it.

The government's spending proposals for the year were adopted by the House, and two bills to give these plans effect, Bill C-38 and BillC-39, were each passed at all stages.

Bill C-22, the energy safety and security act, was reported back from committee, and several other reports from committees were also tabled. As I understand, we will see Bill C-17, the protecting Canadians from unsafe drugs act, reported back from the health committee in short order.

Finally, this morning we virtually unanimously passed a motion to reappoint Mary Dawson as our Conflict of Interest and Ethics Commissioner.

Sadly, though, the New Democrats did not heed my call last week to let Bill C-32, the victims bill of rights act, pass at second reading. We were treated, sadly, to only more words and no deeds from the NDP.

Turning to the business ahead, I am currently anticipating the following debates. This afternoon and tonight, we will finish the debate on Bill C-36, the Protection of Communities and Exploited Persons Act, at second reading. That will be followed by third reading of Bill C-24 and second reading of Bill C-35, Justice for Animals in Service Act (Quanto's Law).

Tomorrow morning, we will debate Bill C-24, if necessary, and Bill C-18, Agricultural Growth Act, at second reading. After question period, we will get back to Bill C-32, and give the NDP one more chance to send the victims bill of rights to committee.

The highlight of Monday is going to be the report stage of Bill C-6, the Prohibiting Cluster Munitions Act. Tuesday’s feature debate will be Bill C-2, the Respect for Communities Act, at second reading. Wednesday will see us finish third reading, I hope, of Bill C-6. During the additional time available those days—in addition to Thursday and Friday of next week—I will schedule any unfinished debates on Bill C-18, Bill C-32 and Bill C-35.

I will also try to schedule debates on Bill C-22 and Bill C-17, as well as other bills, such as Bill C-3, Safeguarding Canada's Seas and Skies Act, at third reading; Bill C-8, Combating Counterfeit Products Act, at third reading; Bill C-12, Drug-Free Prisons Act, at second reading; Bill C-21, Red Tape Reduction Act, at second reading; Bill C-26, Tougher Penalties for Child Predators Act, at second reading; Bill S-2, Incorporation by Reference in Regulations Act, at second reading; Bill S-3, An Act to amend the Coastal Fisheries Protection Act, at second reading; and Bill S-4, Digital Privacy Act—which I understand we will receive shortly from the other place—at second reading.

Citizenship and Immigration

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

Mr. Speaker, the minister went on TV and claimed that Bill C-24 would respect Canada's charter because it is consistent with other NATO countries.

Can the minister please explain how NATO has anything to do with charter protections for Canadian citizens?

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

Mr. Speaker, the minister really will say anything to evade taking responsibility for his failures. He goes out into the media daily, where he only succeeds in making himself look even worse. The minister even went on TV and claimed that Bill C-24 would respect Canada's charter because it is consistent with other NATO countries.

Can the minister explain—

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

Mr. Speaker, the second petition is with respect to Bill C-24, the amendment to the Citizenship Act. These petitioners are concerned that it treats Canadian permanent residents who came to Canada as temporary workers and international students who have spent a considerable amount of time here and wish to have that time counted toward their citizenship unfairly. They are of great economic benefit, and the petitioners want the government to amend the Citizenship Act to recognize the contribution that these citizens make.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, a few weeks ago, the minister had to apologize to an immigration consultant whose name he unfairly dragged through the mud. The minister also attacked the Canadian Bar Association for its position on Bill C-24, and yesterday, he went after Toronto constitutional expert Rocco Galati, who was another victim of the minister's mood swings.

Why is the minister ignoring or attacking everyone who does not agree with him? Does he not realize that this attitude, which is typical of the Conservatives, is completely ridiculous and inappropriate?

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, the minister no longer knows what to say to salvage his credibility.

A number of experts, including the Canadian Bar Association, believe that the citizenship bill is unconstitutional. Yesterday, in a CBC interview, the minister dismissed the criticism, saying that Bill C-24 is similar to what is being done in other NATO countries, but what does NATO have to do with a debate on access to Canadian citizenship? It is completely ridiculous.

Will our fundamental rights in Canada now depend on the mood of our NATO allies?

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, yesterday the Minister of Citizenship and Immigration took evasive action after being asked about the constitutionality of his immigration bill. He refused to answer the question, but he did manage to make an unrelated reference to the “disgraced ideological former lawyer of the Khadr family”.

Could the minister tell us how his latest smear job is even remotely relevant to the constitutionality of Bill C-24?

[Chris Alexander, Conservative, Minister of Citizenship and Immigration]

Mr. Speaker, that question speaks to the pitiful quality of opposition criticism and commentary throughout this debate on Bill C-24. We will stand behind a bill if the main opponent to it is the disgraced ideological former lawyer of the Khadr family.

[Lysane Blanchette-Lamothe, NDP, Pierrefonds—Dollard, QC]

Mr. Speaker, the Canadian Bar Association, UNICEF, the Canadian Association of Refugee Lawyers, Amnesty International, the Canadian Council for Refugees and many other experts agree that Bill C-24 does not comply with the Canadian Charter of Rights and Freedoms or international law.

They believe that some parts of the bill are unconstitutional. If the Conservatives really want to improve the Citizenship Act, why are they stubbornly ignoring these experts? Why not amend Bill C-24?

Canada-Honduras Economic Growth and Prosperity Act

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, that question has many elements.

I would have liked my Conservative colleagues to ask me some questions. I would have been pleased to hear what they had to say about this. However, they wanted to continue the debate until the bill is disposed of. However long it takes, I will defend human rights around the world at any hour of the day on behalf of the people of Sherbrooke.

Unfortunately, the Conservatives are not showing up for work. We saw that this evening. Not one Conservative spoke to Bill C-24, which we debated a little earlier. As far as Bill C-20 is concerned, not one Conservative will defend their bill.

It is unfortunate, because I would have liked to have a debate of ideas on Bill C-20, but clearly, when the Conservatives adopted the motion to extend sitting hours until midnight, it was a licence for laziness. We see that today. The Conservatives are barely asking any questions, and they do not have the nerve to defend their bills. Then they will go back to their ridings, claiming that they worked late and hard and saying that they passed many bills. In fact, they did nothing. So far, they have missed almost 70 opportunities to speak and stand up for their constituents.

I would be disappointed if I lived in a Conservative riding and saw my MP unable to speak in the House and defend my interests. I would really be very disappointed for that and many other reasons.

Obviously, the Liberals, who are complacent about this bill—

Bill C-24—Time Allocation Motion

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, that is a fact, and maybe the minister can stand up and apologize for misleading Canadians.

I have been on several committees since I have been here. When a committee is studying a project or a bill, we bring in witnesses. The Conservatives will bring in witnesses who are tilted to their way of thinking. However, they could not bring in any to discuss Bill C-24 because they could not find any Conservative witnesses who shared their way of thinking.

Will the minister now stand up and apologize to Canadians for misleading them and trying to make them believe that there were witnesses at committee when there were not?