Bill C-24 (Historical)

Strengthening Canadian Citizenship Act

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

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

Strengthening Canadian Citizenship Act

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

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

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

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

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

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

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

Mr. Speaker, by way of answering, I have to tell the member about my experience in London.

I go to every citizenship court that I can and what I see there is incredible pride, tears of joy, and a real sense of how important it is to be part of this country. However, I can understand, and I tell this to these new Canadians, how terrifying it must be to come to a new country. They leave everything that they know behind: their family, friends, work, and the things they are familiar with that guide them through life. I admire their courage, but for some who come here, the decision to stay, no matter how intended they are in regard to staying, must sometimes give them pause. I understand where minds can be changed. Situations may be such that they cannot stay.

To have the Conservative government speculate and be so suspicious of everybody's motives troubles me very much. I think people come here with integrity, honesty, and a will to make a life here. If that does not work out, well, that is a situation that we have to accept. However, this kind of suspicious and negative treatment by the government over and over again is unspeakable.

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

Mr. Speaker, the member for London—Fanshawe has uttered so many incorrect claims that it is impossible to address them in a few seconds. She is wrong about children. She is wrong about the levels of proof required to revoke citizenship. She is wrong about the authority of the minister. She is wrong about the role of the judiciary in all of these tests.

My first questions is: why is she fearmongering in this case?

Why is the member trying to make this claim at a time when citizenship has never been more popular, at a time when Canadians have never been more law-abiding, more prepared to follow the rules, and insistent that the rules be followed? Why is she insisting somehow that we will base revocation on suspicion when neither in the law nor in regulation is that remotely possible? It has not been possible for years, and it certainly is not possible now.

Could the member for London—Fanshawe please tell us why she is fearmongering tonight?

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

Mr. Speaker, I have to say that I am quite delighted by that question. It seems to me that in case after case, in situation after situation, in statute after statute, the current Conservative government has placed itself above the law.

Conservatives can talk about the law all they want, but let us think about the judiciary, for example. Let us think about Supreme Court justices. Let us think about laws that prove to be unconstitutional. Over and over again, they think they are above the law, and this particular bill is no different.

To underscore the fact that the Conservatives think they can do anything they want, I would just like to remind everyone about people who have come into disagreement with them: Linda Keen, Richard Colvin, Kevin Page, Pat Stogran, Munir Sheikh, Marc Mayrand. All of these people have had the misfortune to disagree.

Well, I am not fearmongering. I am disagreeing, and I am not afraid to do so.

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

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

In February, the Minister of Citizenship and Immigration tabled Bill C-24. He stated that the bill and the changes within it are meant to actually reduce citizenship fraud, increase efficiency of the system, and reduce backlogs. He said that it would “protect the value of Canadian citizenship for those who have it while creating a faster and more efficient process for those applying to get it”. Yet the bill is not actually doing much of any of that.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They go on.

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

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

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

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

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

Mr. Speaker, I sat here and listened to the member's dissertation, and I have to say that I am pleased that there are a number of things in the bill she does like. However, I know that there is a particular aspect of the bill that is critically important in her riding of Scarborough—Rouge River, as it is in mine, because we are both from greater Toronto area ridings, which is a very multicultural part of the country.

The new bill proposes a new system. We would go from a three-step process to a one-step process for processing Canadian citizenship applications. That would reduce wait times from upwards of three years to less than a year. That would be very significant in our ridings.

I wonder if she could speak to how processing citizenship faster, as this bill proposes to do, would affect her constituents and her constituency work?

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

Mr. Speaker, the member is a parliamentary secretary, and he is on the immigration committee. He has heard, just as I have, time after time and hour after hour, from witnesses who are experts in the community, including lawyers and front-line service agents as well as individuals who came to the committee who said the exact opposite. They said that processing would actually increase, and it would actually make it harder for people to become Canadian citizens.

The first piece is that people would now have to wait longer to qualify. The residency questionnaire that would be a new introduction would also make it more difficult for people to get their citizenship and it would take longer.

We know that the wait time for some people is already almost five years. Some people have been waiting almost five years for their citizenship applications to be processed under the Conservative government with its backlog.

The Canadian Council for Refugees says it would make people wait longer. That would undermine Canada's stated commitment to integrate newcomers into this country. That is what the government is trying to do. It is trying to undermine newcomers to this country in integrating well into our community.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, when it came time to look at the issue of revoking citizenship, if it had not been not for the United Nations policy that a country cannot make an individual stateless, the government would have had the ability to withdraw a person's citizenship, even if it made that person stateless. We need to acknowledge that point.

The member was quite right when she commented at the tail end of her speech. She made reference to two-tier citizenship. That is something we need to be very wary of. Why would the government establish two tiers? I suspect that we will see challenges that will go right to the Supreme Court.

I would like to ask the member if she would like to provide further comment on how the government would establish two-tier membership and how those with dual membership would be treated compared to individuals who had just Canadian citizenship.

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

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

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

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

Mr. Speaker, I thank everyone in the House tonight, and those across Canada who are taking part in this debate. It is important, it is historic, and it will have an impact on generations of new Canadians to come, on lost Canadians, and on those who have not benefited from the privileges of citizenship today unjustly. It means a great deal for all of us who take pride in our Canadian citizenship.

There is a coincidence that this debate should be happening now, because it was 100 years ago this month, on May 22, 1914, when a middle-aged R.B. Bennett, who was the member of Parliament for Calgary at the time, said the following:

If the benefits of our citizenship and participation in our future are, as I think they are, privileges so great that they cannot be measured or expressed...five years is not too long a term.

He went on to say:

...those who come after us bear the standard.... [and] cannot do that unless we do something to acquaint those who deserve to take on our citizenship with its benefits and privileges, and also with its responsibilities and obligations.

R.B. Bennett said that 100 years ago this month. That is how old Canadian citizenship is as a legal concept. I had not realized that it was entrenched in law by the House long before the 1947 Canadian Citizenship Act. This was part of the Naturalization Act of 1914, a historic step forward for our Canadian identity, for our rights as citizens, for our autonomy within a British empire, and for our accession to full nationhood, which of course, in that month of 1914, had not yet been formed in the crucible of World War I—

[An hon. member]

The Statute of Westminster.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

—but would be soon after.

Members are reminding me about the Statute of Westminster and World War II, and so it went on to 1947 when our first citizenship act was passed. Canadian citizenship builds on a noble tradition.

It draws on the pride of French Canadians, those who settled and stayed in New France, who believed in the virtue of their system of government and the power of their institutions under the reign of Louis XIV.

It draws on the pride of first nations aboriginal peoples in their place on this land, on its lakes, on its rivers, in this physical space; the care they have always taken for these places; and the respect they have always shown for its natural heritage. It builds on centuries of belief that, as Bennett said, with the privileges of citizenship go the responsibilities. These are responsibilities that Canadians exercised in the War of 1812 and responsibilities that they exercised on a grand scale after that debate a hundred years ago, as Europe marched to war and Canada marched with it. It has evolved and changed in every generation. It has kept up with the times. It has been, in many respects, ahead of the times.

I just had the pleasure of meeting with the UN high commissioner for refugees, Antonio Guterres. Everyone has heard that he is here in Canada, travelling across the country, continuing to consider our country an example of the best behaviour in its treatment of asylum seekers and refugees. All of that generosity is based on the firm foundations of citizenship that we have and the foundations of our privileges and responsibilities as members of this society, those with the right to vote, those with the right to sit in this place, those with the right to carry that passport proudly around the world.

We on this side do not take the responsibility of citizenship lightly. We on this side, with the vast majority of Canadians, understand that, from 1977 to today, 37 years is a long time to go without a thorough root and branch reform and modernization of our institution of citizenship. That is why we are here tonight. That is why we have given days of debate to second reading in the House. We have given nights to this debate as well, in committee. That is why we continue to listen with interest to the other side, in the hope that we will hear something new and not just puppets on the other side somehow repeating the hopelessly misguided statements of the Canadian Bar Association or a couple of witnesses who came before committee who really do not understand what citizenship in Canada is today. We have not heard anything really original from the opposition so far. We look forward to hearing that. There is still time. There will be lots of us on this side of the House to listen.

In the meantime, let us remind ourselves what the bill would do. It would make our processing of citizenship more efficient. It would reinforce the value of citizenship. It would strengthen integrity and remove fraud from this program. It would protect and promote Canada's interests and values. For everyone in the House, because we all have constituents in our ridings who are new Canadians, immigrants, and permanent residents, what matters most is processing, in the short term.

Citizenship in our country has never been more popular than it is today. We have one of the highest naturalization rates in the world. It may be the highest in the world. At 86%, it is well beyond what Australia, the United States, the U.K., and other immigration countries have. It has gone up in our government's time in office, as we have raised the bar slightly in terms of knowledge and language requirements for citizenship in Canada, because we think there should be an attachment—

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, I rise on a point of order. I have heard the minister say that we have debated this bill for days and days. Could the minister tell us which days? As I recall, this is only for two hours.

[The Deputy Speaker, NDP, Joe Comartin]

That is obviously not a point of order.

The minister has the floor.

[Chris Alexander, Conservative, Ajax—Pickering, ON]

Mr. Speaker, we are proud of the fact that, by increasing the value of Canadian citizenship, we have actually enticed more immigrants to this country and enticed more of those immigrants to want to become citizens. Last year there were 333,000 applications to become a Canadian citizen, a record unparalleled in Canadian history.

As a consequence, we have a backlog and it now takes two to three years to process a new application. That is too long. The measures in this bill would streamline decision-making and improve the ability to determine up front what constitutes a complete application; and provide a strengthened authority to abandon applications where applicants do not take the steps requested to provide information and appear before a hearing, where they have not taken on their responsibilities as citizens to get the job done. All of that would make a difference this year if we pass this bill into law, with the low scenario of 150,000-plus people becoming Canadian citizens if we filibustered this out, listened to every member on the other side repeat the same speeches, let them have their way and this debate went on for months; as it did not do in 1914. The debate then, which was in many ways even more historic as it was citizenship for the first time, went on for a day by my reading of the Debates. It was a good debate on all sides of the issue. The opposition members had their points. They were well informed.

If we were to let the opposition have its way, tens of thousands of new immigrants to this country would be denied their citizenship this year, because the measures in this bill would make processing more efficient this year, and it would make the difference between 150,000-plus or many tens of thousands more. That is what Canadians really deserve to know about the implications of this bill.

We have heard members opposite say that we are putting citizenship out of reach, that we are making it harder. We are talking about—