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. The Library of Parliament often publishes better independent summaries.

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

May 28th, 2014 / 9 p.m.
See context

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

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

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

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

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

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

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

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

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

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

I would like to ask the minister a question.

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

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

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

The Supreme Court was clear:

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

Ms. Macklin then said:

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

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

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

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

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

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

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

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

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

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

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

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:45 p.m.
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NDP

Jasbir Sandhu NDP Surrey North, BC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8:15 p.m.
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NDP

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.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 8 p.m.
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NDP

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.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:55 p.m.
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NDP

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.

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:45 p.m.
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NDP

Irene Mathyssen NDP London—Fanshawe, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:25 p.m.
See context

St. Catharines Ontario

Conservative

Rick Dykstra ConservativeParliamentary Secretary to the Minister of Canadian Heritage

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 7:15 p.m.
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Willowdale Ontario

Conservative

Chungsen Leung ConservativeParliamentary Secretary for Multiculturalism

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

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

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

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

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

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

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

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

He added:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Strengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 6:45 p.m.
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NDP

Jinny Sims NDP Newton—North Delta, BC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bill C-24—Time Allocation MotionStrengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 5 p.m.
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NDP

Pierre Jacob NDP Brome—Missisquoi, QC

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

Bill C-24—Time Allocation MotionStrengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 4:45 p.m.
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NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I have a simple question for the minister. I am sure he knows he was mistaken when he said that we had debated this bill for 36 hours. I would like to remind him that Bill C-24 was debated for just a few hours by just five members: a Liberal, a New Democrat and three Conservatives, if I remember correctly. If I am wrong about that, he can set the record straight.

That means that only five out of 308 MPs, or just 2%, have been able to speak to this bill. That means that 2% of Canadians have been able to express their views on a very important bill about the basic tenets of Canadian citizenship.

I would therefore like to ask the minister a simple question: what percentage of Canadians would have to have an opportunity to speak to this bill for the debate to be democratic?

Bill C-24—Time Allocation MotionStrengthening Canadian Citizenship ActGovernment Orders

May 28th, 2014 / 4:25 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

moved:

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 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 of the second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Citizenship and ImmigrationOral Questions

May 28th, 2014 / 2:45 p.m.
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Liberal

Marc Garneau Liberal Westmount—Ville-Marie, QC

Mr. Speaker, Bill C-24 opens a Pandora's box. It will give foreign courts the right to put the citizenship of Canadians in jeopardy, with no legislative guarantee that the process is fair. For example, how can the minister justify to members of Canada's Tamil community that their citizenship would be in jeopardy if they were found guilty in a Sri Lankan court?

Extension of Sitting HoursGovernment Orders

May 27th, 2014 / 7:40 p.m.
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Conservative

Costas Menegakis Conservative Richmond Hill, ON

Mr. Speaker, I can assure my hon. colleague that my intention here tonight is to give a very good explanation, as best as I can, to all colleagues in the chamber as to why I think it is important to put in these extra hours over the next few weeks.

There are a number of pieces of legislation that need to be looked at, and we will have an opportunity to look at them, properly debate them and, hopefully, pass them through the House. This way, we can get back to our constituents with a record of having done something for them, given the opportunity that we can do that by working additional hours.

I am referencing a couple of pieces of legislation today because I would like to impart to my hon. colleague opposite and all colleagues in the House the reasons for which I am convinced of the need to work the additional hours so that we can pass this legislation through. I am quite satisfied to work the additional hours. I appreciate your ruling on that matter.

I was speaking about Bill C-24. In fact, once enacted, the changes outlined in that particular act would mean that processing times will be shortened to less than one year. For example, with absolutely no changes and with no economic action plan funding, processing times would escalate to an unacceptable 35 months within two years. I am sure that the hon. member who made the intervention, and all members of the House, do not want to deal with this issue with their constituents, knowing that they could have done something about it and did not in an expeditious manner. It is important that we enact this legislation now, or as soon as possible, so that Canada's citizenship backlog can be eliminated by 2015-16, allowing for just-in-time processing of applications.

It would also provide a way to recognize the important contributions of those who served Canada in uniform. Once passed, Bill C-24 would allow permanent residents who are members of the Canadian Armed Forces to have quicker access to Canadian citizenship. Many residents in my riding were unaware of the current rules regarding obtaining Canadian citizenship. When I explained it to them, they wanted to know why we had not done it sooner. They want it done very quickly, and I do not want to go back there, knowing that I had an opportunity to stand up in the House and represent them, and say, “We decided that, as parliamentarians, we do not want to work the additional hours from now until the end of the session to provide those things that I had been asked for and continue to be asked for”. That is why I am speaking to the specific advantages of getting this work done as quickly as possible and processed through the House.

Residents in Richmond Hill were surprised to learn that under the current rules, there is no requirement to be physically present in Canada while obtaining citizenship, and that residency alone for three out of four years was enough. They support imposing a minimum requirement of 183 days of physical presence in Canada. They support being here for four out of the last six years. In fact, we heard witnesses testify in committee, without getting into the specifics of the bill, that they believe that four out of six years is actually not enough. Some of them thought that.

Our peer countries have stricter and longer residency requirements in order to be eligible for citizenship. We must strengthen the value of our citizenship in order to compete on the world stage. We have the opportunity to do that within the next couple of weeks if we put in these extra hours. I hope that all members of the House will support it.

Many of my constituents were also surprised to learn that under existing rules, there is no requirement to file an income tax return to be eligible for a grant of citizenship. They agree with the proposed changes in the new act that would require applicants to file Canadian income taxes to be eligible for citizenship. Again, all Canadians have to complete their income tax return on an annual basis. It should be a no-brainer for anyone seeking to have the same privileges as all Canadians to have the requirement to do that as well. Canadians want that passed as soon as possible through the House.

We know that knowledge of one of Canada's official languages is a key determinant in the successful integration of new Canadians. There are changes in the new legislation that would give stronger language tools to prospective new Canadians. We believe that this would help with their integration into the country and provide more potential for successful outcomes.

I see that I have five minutes left. I will move on.

As of October 2013, the Royal Canadian Mounted Police was investigating several large-scale cases of residence fraud involving more than 3,000 Canadian citizens and 5,000 permanent residents. There were also reports that nearly 2,000 individuals linked to these investigations have withdrawn their citizenship applications. We can see there is a litany of reasons why we need to put in legislation that will strengthen Canadian citizenship. Then we will be able to go back to our constituents, hopefully after the spring session, and say we did something about all of those things that they talk to us about every single day.

There are many other pieces of important legislation that I can speak about today, but there is one in particular that is of personal interest to me that was recently introduced in the House called the justice for animals in service act, more popularly known as Quanto's law.

This legislation would ensure that those who harm law enforcement, service, and Canadian Armed Forces animals, face serious consequences for their actions. It recognizes the special role that these animals play in protecting our communities and improving the quality of life for Canadians.

This legislation honours Quanto, a police dog who was stabbed to death while helping to apprehend a fleeing suspect in Edmonton, Alberta, in October of last year. It also pays tribute to other animals that have lost their lives in the line of duty such as Toronto Police Service horse Brigadier.

This is legislation the police services across the country have been asking for for many years. That piece of legislation is before the House. The minister has already introduced it. How nice would it be for all of us to go back to our ridings, meet with the police chiefs, meet police officers, meet officers working with horse and canine units and tell them that finally we did something? We worked extra hours to make sure that we were able to deliver to our police services who use police animals as tools to keep our communities safer. We did something about it.

That will go a long way, not only for members of the governing party, but for all members from every party in the House. We are doing something that is correct. It is the right thing to do. It is responding to our first responders. The police services have been asking for this many years.

Mr. Speaker, I am asking that you let me know when I have a minute left so I can conclude my comments—