Bill C-425 (Historical)

An Act to amend the Citizenship Act (honouring the Canadian Armed Forces)

This enactment amends the Citizenship Act to require the Minister, on application, to reduce by one year the required years of residence in Canada to grant citizenship to any permanent resident who is a member of the Canadian Armed Forces who has signed a minimum three-year contract and who has completed basic training.
It also amends section 9 of the Act to provide that an individual is deemed to have made an application for renunciation of their Canadian citizenship or is deemed to have withdrawn their application for Canadian citizenship, if they engage in an act of war against the Canadian Armed Forces.

Citizenship Act

[Devinder Shory, Conservative, Calgary Northeast, AB]

moved that Bill C-425, An Act to amend the Citizenship Act (honouring the Canadian Armed Forces), be read the second time and referred to a committee.

Mr. Speaker, it is an honour to rise today in this House for the second reading of my first private member's bill, Bill C-425, an act to amend the Citizenship Act (honouring the Canadian armed forces).

I would like to start by thanking my family for putting up with the crazy hours and travel schedule of a member of Parliament who is also a husband and a father. I thank my wife, Neetu, my children Jatin, Chetan and Arisha, and also my dearly missed parents, Bindra Ban Shory and Maya Shory, who have already gone before me but whose love and blessing on my life I still feel every day.

I also thank the staff and volunteers who have helped me work on this legislation, men and women whose creativity, insight and hard work have helped make the second reading of this legislation possible today. They are: Laura Koch, a member of the Canadian Forces and my legislative assistant who helped with the formulation of this bill in its infancy; Wala Azimi, a proud Canadian who was born in Afghanistan and who nevertheless is understanding my Punjabi more and more each day; Kenton Dueck, my former executive assistant in Calgary Northeast, a man who has been as passionate about this as I am; Patrick Tuns from my Ottawa office and Daniel Boucher from my constituency office, both of whom have demonstrated their support for this bill from their first day; and, my constituency assistants, Sukhi Dhaliwal and Raman Brar, who eagerly help my constituents of Calgary Northeast each and every day.

I would be remiss if I did not thank the hard-working ministerial staff, Chris Champion and Leigh Johnston, as well as Madame Marie-Andrée Roy from the House of Commons legal team who helped put these thoughts into bill form.

I would also like to thank my colleagues on both sides of the aisle who have offered their support for this bill.

In this legislation, my goals are to promote integration, to better recognize permanent residents who serve Canada, to honour our Canadian troops and to underscore the immense value of Canadian citizenship.

To some who see the colour of my skin or hear my accent, the word “immigrant” probably immediately jumps into their minds. I may have been born, raised and educated in Barnala, Punjab, India, but the fact is that I have lived in Canada for more than 23 years and Canada is now my home. Like millions of others, whether they were born here, flew here or drove here, I believe that our wonderful democracy, Canada, is the best in the world and worth protecting with every resource at our disposal. In that spirit, I tabled this legislation and encourage the support from all sides of the House.

Canadians not only expect but have also told us again and again that they want us to restore the value of Canadian citizenship.

I want to thank the Minister of Citizenship, Immigration and Multiculturalism for introducing a new citizenship guide to inform newcomers of their rights and responsibilities when they come to Canada. The minister not only introduced a citizenship fraud tip line, but also recently announced efforts to crack down on citizenship fraud, which are paying off.

My Bill C-425 adds to our government's efforts to strengthen Canadian citizenship and would also reward those who are willing to put their lives on the line. It provides citizenship more quickly to those who take on the responsibility honourably serving our country. At the same time, it takes the privilege of Canadian citizenship away from those who betray Canada and everything it stands for.

I urge all members to support this bill going to committee for a thorough review. I am open to looking at any amendments from that review that respect the spirit of this bill and strengthen Canadian values.

It would be safe for me to assume that we all are committed to strengthening the value of Canadian citizenship. We also recognize the importance of the Canadian Forces and its commitment to serving Canada in defending its values, interests and sovereignty.

Along those lines, the House is a place where tough determinations are made on behalf of Canadian men, women and children and our brave men and women in uniform. The House is the place where we debate military budgets and deployments.

Unfortunately, these debates can sometimes become politicized and doing the right thing for our country and our troops can become obscured by the spin and rhetoric. Nevertheless, we all share a duty to support our troops and to do so with our very best judgment on behalf of our constituents.

We parliamentarians from all sides are entrusted to make the kinds of decisions that affect not only Canada, but also the brave souls into whose hands we place our security. I felt it was crucial for me to experience first-hand a glimpse of a day in the life of our courageous Canadian forces. That is why I spent several days in a uniform alongside our Canadian army during a reserve training exercise in Wainwright, Alberta in August 2009, along with colleagues from both sides of the House, as well as my “brother from a different mother”, the member for Medicine Hat. It is also why I spent time at sea off the east coast aboard the HMCS Fredericton in the summer of 2010.

I also want to thank the Minister of National Defence for ensuring that the Canadian Forces have the people, equipment, infrastructure and readiness required to defend Canada and Canadian interests now and well into the future.

Since 2006, under the solid leadership of the Minister of National Defence, the defence budget has grown by over $6 billion and key acquisitions have been made. Our men and women in uniform not only deserve the best equipment to get the job done, but also the best, the brightest and the bravest to be fighting alongside them and to have them at their back.

When Canadian permanent residents who are not yet Canadian citizens answer the call to serve under the red and white banner of this great nation, they are not just performing a duty. They are not simply working nine to five. They are putting their lives on the line for their new home for millions of Canadian men, women and children in the greatest country in the world.

For their demonstrated honour and courage to stand in the gap when least expected, but when most required, a one-year credit toward Canadian citizenship is the least we can do. Under the proposed change, a permanent resident who is a member of the Canadian Forces and has completed basic training and has signed a minimum three-year contract to serve the forces will be given a one-year credit toward his or her residence requirement for acquiring Canadian citizenship.

Also, under the proposed change Canadian citizens with dual citizenship and permanent residents applying for citizenship would lose their citizenship or become ineligible to become citizens if they commit an act of war against our troops.

I remember once seeing a bumper sticker that said “Stand behind our troops...otherwise, please feel free to stand in front of them”. Of course, the humour was dark, but the underlying truth about our parliamentary responsibility still rings true.

Canadian citizenship is extremely valuable. Members of the Canadian Forces risk their lives to defend it, so it makes sense that those individuals who choose to attack our Canadian Forces should not have the privilege of calling themselves Canadian citizens.

In referring to another key aspect of the second half of this legislation, I would like to make a very simple and direct point about safeguards. Most of us have sprinkler systems in our homes and hope they will never have to be used. Most of us have airbags in our cars and hope they will never have to be deployed. However, safeguards stand in place to protect our homes and protect our lives.

I pray that, like the fire sprinkler in our homes and the airbag in our cars, the second half of my legislation will never have to be used.

I firmly believe this is an excellent bill for Canadians from all walks of life. It is good for longstanding Canadians and good for new Canadians. It is another pathway to promote integration by encouraging new Canadians to serve alongside our armed forces. It supports our troops. It also underscores the immense value of Canadian citizenship.

Therefore, it is with deep Canadian pride and gratitude for our men and women in uniform, the new Canadians who bravely join them in the air, on land and sea, and it is with a profound respect for the Canadian citizenship you and I share, Mr. Speaker, that I proudly stand today on behalf of the men and women of Calgary Northeast in seeking support for my first private member's bill, Bill C-425, An Act to amend the Citizenship Act (honouring the Canadian Armed Forces). I look forward to receiving the support of all members so that it can be sent to committee for a detailed review.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I am wondering if the member could provide some comment in terms of the reserves. Many individuals see the reserves as a wonderful opportunity to serve our country. Has any consideration been given to Canada's reserves?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, the bill would apply to people who sign the minimum three-year contract and complete basic training. Although we do not have specific numbers at this time, we do know that it would affect a number of skilled members of our Canadian armed forces. It would also serve as an added incentive for new talented immigrants to join our military.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I am a person who supports the idea that our provincial, municipal and federal institutions should reflect the full diversity of our population. Our young children need to see themselves when they look at those who govern us and those who serve us.

We all honour the service of those who are in the armed forces and we support that. Did my colleague consider other important contributions to our country made by doctors, firemen, police officers, nurses, teachers, et cetera?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, the bill was inspired by my belief that our troops deserve the highest respect. Service in Canada's military is unique because it calls on its members to lay down their lives for their fellow countrymen and women. It is for this reason that I believe we should reward their demonstration of patriotism by shortening the amount of time they must wait to become Canadian citizens. Furthermore, this is another pathway to integration.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I would like to thank the member opposite for his speech.

Given that the term “legal resident” is not defined, this bill is at risk of rendering citizens stateless, which is in contravention of international law.

Could the member please explain how this term might be interpreted?

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, my colleague should know that my bill would apply to those who have dual citizenship. This bill would strengthen the value of Canadian citizenship by rewarding those who bravely serve our country.

However, those who commit an act of war against our Canadian armed forces would forfeit the right of Canadian citizenship. Of course, due process would be available and would be followed. Individuals would have the right to make their case before a judge. It would go before a judge and then the Federal Court and on and on. That due process would be done. Of course we would always comply with the Convention on the Reduction Statelessness. This bill would make no exception to that.

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I rise today to take part in this important debate on my hon. colleague's private member's bill.

The Conservative sponsor of this bill seems to be trying to do two contradictory things: to fast-track citizenship for some and then to make it easier to strip it from others. I would like to address each of those issues separately.

The bill would offer a new ministerial power to shorten permanent residency requirements for members of the Canadian armed forces who are seeking citizenship.

I want to make it clear that New Democrats support efforts to honour the permanent residents who serve in the armed forces as indeed we should honour all our veterans and current service members.

We also believe strongly in a military that is reflective of Canada's diversity.

In 2006, the Canadian immigrant population rose to 6.2 million, accounting for almost 20% of the Canadian population. It is projected that by 2017 the visible minority population will represent approximately one in five Canadians. However, data from the 2008 census also shows that the Canadian Forces do not reflect the same level of ethnocultural diversity. A small proportion of Canadian Forces personnel, only 6%, were non-Caucasians compared with 17% of the regular working population.

If my hon. colleague's intention is to bring greater diversity to the military, then that is a concept I can support. However, I think it is important for the House to examine this aspect of the legislation very carefully. The reality is that circumstances under which a permanent resident would be able to enrol in the Canadian Forces appear to be extremely narrow. In fact, the Canadian Forces website and a call by my office to the Ottawa recruitment centre have made it clear that a permanent resident may not enrol in the Canadian Forces. It appears that the only way for a permanent resident to serve is if he or she is authorized by the chief of the defence staff to fill a special need or it is in the national interest.

I do become concerned that yet again we have a Conservative member proposing legislation that would affect a tiny minority while ignoring the broader concerns of the majority of newcomers. In fact, the member belongs to a government whose radical overhaul of Canada's immigration system is turning Canada into a less welcoming country. The changes the Conservatives have made limit the possibilities for newcomers to be reunited with their families and help build stronger communities. Under the Conservative government too many newcomers are not getting the fair treatment they deserve. Instead of welcoming skilled immigrants and addressing Canada's long-term needs, the Conservatives are prioritizing temporary work visas to help big businesses pay lower wages.

I want to return to the issue of honouring the armed forces by making another point. Headline-grabbing legislation is not enough. We need real action to truly honour all of those who serve.

A few months ago it was revealed that nearly 70% of applications for financial help to bury homeless or low-income veterans are rejected by the Conservative government. This latest report just adds to the many embarrassing failures of the Conservatives on the veterans affairs file, from debilitating red tape to failing to transition ill and injured personnel to civilian life due to harmful budget cuts.

It is our collective duty to care for the veterans who gave us the freedom and peace we enjoy in this country. To undermine the sacrifices they made is to take everything we have today for granted. This is not a partisan issue. Canada's veterans fought for all of us.

The second part of the bill seems to strip citizenship from those who are engaged in acts of war against a member of the Canadian armed forces. On its face, this too may seem reasonable. We certainly want to make sure that Canadian citizenship has real value and that we protect our service men and women as much as possible. However, the aspects of the bill that deal with the renunciation of Canadian citizenship raise more questions than they answer and seem ill-considered. I will explain in more detail what I mean.

The bill is not clear that due process before the law is necessary to determine whether someone has committed an act of war, nor is it clear who would make such a determination. Perhaps this is not surprising, given that the members of the government seem fond of stripping due process with very little accountability.

Additionally, some key terms are not defined. The terms “acts of war” and “legal resident” are not defined anywhere in Canadian law.

Without a definition for what would constitute a legal resident of another country, the bill would pose a serious risk of rendering Canadian citizens stateless, in contravention of the UN Convention on the Reduction of Statelessness, to which Canada is a signatory.

The Conservative sponsor of the legislation has framed it as creating another pathway to integration for permanent residents, as well as underscoring the incredible worth of Canadian citizenship and honouring the contribution of our men and women in uniform.

On these principles, members will not hear any argument from this side of the House. Like many things from my Conservative colleagues, the devil is in the details or, in this case, the troubling lack of details.

As I have mentioned, Bill C-425 attempts to legislate the time within which certain permanent residents may apply for citizenship, but my New Democratic colleagues and I think the government ought to be working to address the exceptionally long processing times for citizenship more broadly. At the current rate, no one gets their citizenship recognized anywhere near the time they are legally entitled to it. As such, Bill C-425 is making a hollow promise to these permanent residents.

Our citizenship application processing backlogs only seem to be increasing. The data make it clear that even though CIC has been receiving more citizenship applications year after year, the department has been processing fewer and fewer, and there are far longer wait times.

Instead of supporting the immigration department with more resources to reduce the backlog, the government is cutting its budget and closing down its regional offices.

Last week we learned there has been a 73% drop in the number of permanent residents receiving Canadian citizenship under the Conservative government. The minister even acknowledged it is because there are fewer people to process more applications. That is not good enough and it is a failure of the ministry for which he is ultimately responsible.

We know the department is cutting almost $200 million over the next two years and has closed 19 regional offices. These cuts are affecting front-line services and causing backlogs to grow.

A perfect example of this is that nearly two years after paying the required fees and sending their permanent residence applications to Buffalo, thousands still have not received a response from Citizenship and Immigration Canada.

To make matters worse, their files still have not been assigned to agents, and the Minister of Citizenship, Immigration and Multiculturalism will not even bother to answer their questions.

This Conservative boondoggle transformed the Canadian dream of thousands of people into a total nightmare. I only wish my hon. colleague were spending more time pressuring his government to make the immigration system more fair and accountable to newcomers and Canadians alike.

In closing, I want to reiterate my very strong support for our men and women in the armed forces. We should honour their tremendous sacrifice and do all we can to keep them safe.

However, I would urge members to take a close look at what is in the bill and, more important, what is not.

The bill would do nothing to fix some of the tremendous problems we see in our immigration system. It would do nothing to speed up processing times for hard-working newcomers who want to become citizens. It would do very little to truly honour and support veterans who have served this country with honour.

Let us take a serious look at this proposal, but let us look at the bigger picture.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the opportunity to address Bill C-425. I also acknowledge the efforts of the member.

I listened to the member's opening remarks in the introduction of the bill, and a number of thoughts came to mind. One of them is that we do have a citizenship and immigration committee and it would be wonderful for us to have some sort of discussion about the benefits of citizenship and how it can be used to promote and encourage what we think is important not only to select groups but to all Canadians.

It was not that long ago that I had an interesting discussion with someone who was talking about volunteers. Many immigrants who come to Canada spend endless hours volunteering for many worthwhile organizations, charitable groups and so forth. We were discussing whether there would be an opportunity for us to be able to do something with regard to that.

More specific to the topic we have at hand, I approach this particular bill with an open mind. I have had the opportunity to check the website that the Canadian Forces provides on the Internet. If one hits the Apply link, for example, one will find there are certain restrictions. One has to be a Canadian citizen in order to apply to become a member of the Canadian Forces. I suspect that is something that needs to be looked at.

The minister responsible for the Canadian Forces will find that the Liberal Party is open to good ideas. Maybe we need to relax the way in which we recruit members of the Canadian Forces from our country. Should only Canadians be allowed to apply? Why not encourage landed immigrants to become members of the Canadian Forces? If we agree that should be done, then let us look to the minister responsible for the Canadian Forces and allow that to take place. All day today I have been talking about 1.5 million landed immigrants in our society. That is a very conservative number to which I have been referring. It is actually a lot greater than that. According to the Canadian Forces website, these people would not be eligible to apply to become members.

We do need to have a debate. That is what I like about Bill C-425. The member has brought forward a piece of legislation that could ultimately pass to committee stage. There is some value in having the citizenship and immigration committee look at the bill. I would like us to possibly go further, however. As much as I believe there could be opportunities in granting citizenship to those who would serve in the Canadian Forces, I am more interested in how more landed individuals could participate in our Canadian Forces.

Members of the forces get an immense sense of pride serving our country. I was a member of the Canadian Forces. I remember going to the recruitment office and signing up. I thoroughly enjoyed the privilege and the honour of being a member. I would not want to deny that opportunity to others, whether they are Canadians or permanent residents who really want to become members of the forces. There would be some benefit to having that dialogue in committee. I recognize that the government does have a majority, but given that this is a private member's bill, there is a very good chance it will pass and go to committee.

Therefore, the challenge I would put to the Conservative Party is to do what I am going to be recommending my Liberal caucus do. That is to approach the committee in a very open fashion. Given the importance of our Canadian Forces, given the importance of our citizenship, there is great value in allowing for that debate to occur.

The member will not receive any opposition from me in trying to encourage that debate to occur. In fact, what I would like to do is to have a page provide a copy of the Canadian Forces website that I am referring to, where it states one has to be a Canadian citizen. That is one of the things we should be talking about.

I was somewhat touched by the member's comments. He talked about how he came from the Punjab and how Canada is his new home. It does not necessarily mean one forgets about one's old home, but one takes a great sense of pride in one's new home. We want to be able to encourage people who have chosen Canada as their home to participate in our many different national institutions. I believe there are many who would have an interest in serving our great country.

To that extent, I suggest that we allow Bill C-425 to pass second reading. I do have other concerns that I would like to address, but I believe that the issues I have and would like to see addressed will be addressed in a forum that would ultimately allow for a bill to pass that makes sense. Hopefully, we will see the minister responsible for the Canadian Forces see the merit in what we can do to encourage the Canadian Forces, as one of our national treasures, to possibly consider incorporating more landed immigrants.

With that, I look forward to the ongoing debate. I will have a page bring over the sheet, which is a printout of the Canadian Forces recruitment website.

[Chungsen Leung, Conservative, Parliamentary Secretary for Multiculturalism]

Mr. Speaker, I am pleased to have the opportunity to address Bill C-425, put forward by the hon. member for Calgary Northeast. Bill C-425 proposes to fast-track citizenship for members of the Canadian Forces who are permanent residents, by reducing their residence requirement for citizenship by one year. This would be for the Canadian Forces members who have signed a minimum three-year contract and have completed basic training. It also proposes to take citizenship away from, or deny citizenship to, those who engage in an act of war against the Canadian Forces. Such individuals would permanently be barred from reapplying for citizenship.

I applaud the hon. member for Calgary Northeast for introducing this important and worthwhile bill. Indeed, Bill C-425 is consistent with the government's commitment in the 2010 and 2011 speeches from the throne to support Canada's armed forces and to protect the safety of our citizens and defend against threats to our national security. Bill C-425 is also consistent with key objectives of Canada's immigration system, such as ensuring that newcomers and citizens participate to their full potential in fostering an integrated society. For all those reasons, we support Bill C-425 moving forward to committee stage for a thorough review and study to determine if it could be effectively implemented and that Canada's international obligations would be respected.

The Government of Canada recognizes the importance of the Canadian Forces and our commitment to serve Canada in defending its values, interests and sovereignty. We are committed to ensuring that those who serve Canada are recognized for their service.

Generally speaking, Canadian citizenship is a requirement for enrolment in the Canadian Forces, but permanent residents may also be employed in exceptional circumstances. The problem is that their lack of citizenship and challenges related to security clearance and passport arrangements can make it difficult to deploy them for service abroad. Introducing a fast-track to citizenship for permanent residents serving in the Canadian Forces, as proposed in Bill C-425, is a win-win situation as it would honour their services to Canada and make their deployment abroad much easier.

In fact, last fall our Conservative government announced that members of the Order of Military Merit at the colonel level and above are now eligible to preside in citizenship ceremonies. The Order of Military Merit, established in 1972, recognizes distinctive merit and exceptional service deployed by the men and women of the Canadian armed forces. Many of these individuals demonstrated dedication and devotion beyond the call of duty, and the order honours them for their commitment. It is therefore fitting that recipients of this award can preside at citizenship ceremonies, an occasion at which we reflect on the value of Canadian citizenship and the responsibilities we carry as Canadians, a value that the members of our armed forces so courageously defend.

In regard to the proposal to take citizenship away from, or deny it to, those who engage in acts of war against the Canadian Forces, I was interested to learn that some of the provisions to take away or bar citizenship already exist in the United States, Australia, New Zealand and the United Kingdom. Canadian citizenship is extremely valuable. Members of the Canadian Forces risk their lives on a daily basis to defend it. So, it is definitely worthwhile to further study the proposal that those who would attack our Canadian Forces should not themselves have Canadian citizenship. Canadian citizenship is about far more than the right to carry a passport or to vote. Citizenship defines who we are as Canadians, including our mutual responsibility to one another. This is why we launched a citizenship action plan three years ago, to strengthen the value and meaning of citizenship.

As part of the action plan, we produced a new citizenship study guide entitled “Discover Canada: The Rights and Responsibilities of Citizenship”. The guide provides essential information for anyone preparing to become a Canadian citizen. This helps ensure that all newcomers have more knowledge of the country they are joining. “Discover Canada” provides a much better overview of Canada's tradition, value and history, including our immigration history, than its predecessor. The old guide contains no reference to the Remembrance Day poppy, for example, and little mention of the stories and symbols that make us who we are today.

We are pleased that it has been a tremendous success, popular with citizenship applicants and established Canadians alike. Furthermore, our government has taken action to crack down on citizenship fraud. We are ensuring that anyone who lies about who they are, their residency in Canada or hidden past criminal activities would have their citizenship stripped.

We have also taken action against unscrupulous immigration representatives who fraudulently establish evidence of residents in Canada while living abroad most if not all of the time. This is perpetrated so that individuals can fraudulently maintain their permanent residence status and later apply for citizenship. There are currently 11,000 fraud investigations under way, including 3,100 for citizenship fraud. We are sending a clear message that Canadian citizenship is not for sale. We are applying the full strength of the law to those who have obtained their citizenship fraudulently.

I am sure all hon. members would agree that the bill has a worthwhile objective. Its spirit is laudable. It deserves a thorough study at committee to ensure that the bill achieves what it intends to achieve, that it can be effectively implemented and that Canada's international obligations continue to be respected.

I look forward to working with the sponsor and the members of the Standing Committee on Citizenship and Immigration in the hope that the good intentions of Bill C-425 are achieved.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I rise today to speak to Bill C-425, An Act to amend the Citizenship Act (honouring the Canadian Armed Forces). The bill would create a new ministerial power to reduce the length of residency in Canada required for a member of the Canadian armed forces to obtain citizenship.

This bill would make it possible to renounce Canadian citizenship from a Canadian citizen who is also a citizen or a legal resident of a country other than Canada if he engages in an act of war against the Canadian armed forces.

The same goes for a permanent resident who has applied for Canadian citizenship. The application would be deemed to have been withdrawn if he engaged in an act of war against the Canadian armed forces.

I will focus on the accelerated citizenship process that the minister could request for a member of the Canadian armed forces.

This bill grants the minister a new power. This power would allow him, on request and to alleviate cases of special and unusual hardship or to reward services of an exceptional value, to lower the length of residency in Canada required for a member of the Canadian armed forces who wants to obtain citizenship from three years to two, provided that the member in question has signed a minimum three-year contract and has completed basic training.

I want to make it clear that since we are talking about a member who has signed a contract for at least three years, we are of course talking about a regular forces member. Members of the reserve forces do not sign three-year contracts. We are definitely talking about a regular forces member.

This bill is divided into two parts. The first part is about members of the Canadian Forces obtaining Canadian citizenship and the second part is about revoking Canadian citizenship when a CF member engages in an act of war against someone.

I would like to come back to the first part of the bill. I would point out that it is really quite rare for someone who is not already a Canadian citizen to serve in the Canadian Forces.

When I read the bill, I immediately wondered about the relevance of introducing such a bill. You cannot be a member of the Canadian Forces unless you are a Canadian citizen. I began to wonder if what I remembered was incorrect. So I went to the website, and it said repeatedly that you have to be a Canadian citizen in order to become a member of the Canadian Forces. So then I asked the Library of Parliament to do a little research, and I was shown the regulations in question, the Queen's Regulations and Orders for the Canadian Forces, which included the following exception:

...the Chief of the Defence Staff or such officer as he may designate may authorize the enrolment of a citizen of another country if he is satisfied that a special need exists and that the national interest would not be prejudiced thereby;

Such exceptions are therefore quite rare and I must say, I doubt that most recruitment officers are even aware that this exception exists. When you go into a recruitment centre, they tell you that you have to be a Canadian citizen. If someone says they are a permanent resident, they are usually told to come back once they have obtained their citizenship. Since this is an exception, I have to wonder about the usefulness of such a measure, but I understand why it is there.

If we want to have this provision in place for highly exceptional cases, then I think we must examine this issue and determine whether the enlistment process for the Canadian armed forces needs to be reviewed. This would allow landed immigrants or even people from safe allied countries to enlist. For example, could an Australian say that he wants to serve in the Canadian Forces, since Canada is a relatively safe Commonwealth country?

An Australian has an allegiance to the same Crown and this would be reasonable, for example. Could this person with very specific training enlist in the Canadian Forces any way other than with authorization from the Chief of Defence Staff? We must think about that, but in this bill there is unfortunately no reference to the changes that could be made to the National Defence Act regarding enlisting in the Canadian Forces. I think that is the main flaw.

I will support sending the bill to committee, but I think this type of bill cannot be introduced without also introducing measures or making suggestions about the parameters of enlisting in the Canadian Forces or what reforms are necessary.

At the time, when I read the bill for the first time, I spoke briefly to the Minister of National Defence to find out whether he planned to change the laws on the requirements for joining the Canadian Forces so that permanent residents could serve. However, no changes were planned. I do not believe that he was against such changes either. I will therefore support the bill, but I think that we really have to have this discussion about whether National Defence's rules can be changed to allow people who are not Canadian citizens to join the Canadian Forces, whether those rules are still appropriate and whether they should be modernized and updated. It seems strange to me to have a bill that pertains to exceptional cases.

I served in the Canadian armed forces for three years. Many of my colleagues in the House served for a number of years. I, for one, have never met a soldier who was not a Canadian citizen. All the soldiers with whom I worked were already Canadian citizens.

Introducing a bill such as this that pertains to an exceptional case seems a bit strange to me and I am not sure that it is necessarily useful. I think that this bill should have included measures that establish who has the right to join and then it would have been useful to also refer it to the Standing Committee on National Defence. Unfortunately, such is not the case.

As I said, I will support the bill, but I think that there is really something missing. I understand the intention of the member who is introducing this bill, but I think he simply did not realize just how exceptional it is for people who are not Canadian citizens to serve in the Canadian Forces. Perhaps he did not realize that this measure is not necessarily very relevant in the context of serving in the Canadian armed forces. I understand the point of the bill and I thank my colleague for introducing it, but I really believe that he should find a way to make this discussion happen.

[Roxanne James, Conservative, Scarborough Centre, ON]

Mr. Speaker, I am grateful for the opportunity to add my comments to Bill C-425, an act to amend the Citizenship Act (honouring the Canadian armed forces). I would like to extend my congratulations to my hon. colleague, the member of Parliament for Calgary Northeast, who introduced this private member's bill. By doing so, the hon. member has demonstrated an admirable commitment to recognizing the exemplary service of Canada's men and women in uniform, the very worthy individuals who stand on the front lines and put their lives at risk to defend our safety and liberty.

This private member's bill proposes to fast-track citizenship for members of the Canadian armed forces who are permanent residents by reducing the residence requirements for citizenship by one year for those members. It also proposes to take citizenship away from or deny citizenship to those who engage in acts of war against the Canadian armed forces.

Canadian citizenship is extremely valuable and I commend the member for recognizing this through his private member's bill. Canadians, whether established or new, must take our responsibilities as citizens very seriously. From generation to generation, thousands upon thousands of Canadian soldiers have given their lives for this country. Countless more risk their lives and some are doing so right now.

While enrolment in the Canadian armed forces is usually limited to Canadian citizens, permanent residents who have not yet acquired citizenship are sometimes employed in exceptional circumstances. These are people who dedicate their lives to protecting Canada yet they do not possess the fundamental membership in Canadian society. Their lack of citizenship often correlates with challenges in acquiring security clearances and arranging passports. This creates problems in deploying these individuals abroad.

Introducing a fast track to citizenship for permanent residents who serve in our country's armed forces, as the bill proposes, would help mitigate these types of problems. The proposals in the bill to honour the Canadian Forces are in line with other measurements the government has taken in the past few years. This includes recognizing the distinctive merit and exceptional service displayed by recipients of the Order of Military Merit.

The Order of Military Merit established in 1972 recognizes distinctive merit and exceptional service displayed by the men and women of the Canadian armed forces. Many of these men and women have demonstrated dedication and devotion beyond the call of duty and the order honours them for their commitment to our country.

Last fall, the Government of Canada announced that members of the Order of Military Merit at the colonel level and above are now eligible to preside at citizenship ceremonies. The Order of Military Merit honours military service to Canada. It is therefore fitting that recipients of this award can preside at citizenship ceremonies, an occasion at which we reflect on the value of Canadian citizenship and the responsibility we carry as Canadians.

The Government of Canada launched the citizenship action plan three years ago in order to strengthen and preserve the value of Canadian citizenship. First we developed a new citizenship guide “Discover Canada”, which explores our history, shared values, symbols and institutions in a more in-depth way than its predecessor. In addition, we improved the knowledge requirement for Canadian citizenship with a new test. We did so to ensure that new citizens can appreciate the foundation upon which our shared values of freedom, democracy, human rights and the rule of law were built.

We have also taken action to address the problem of residence fraud in our citizenship program. As the Minister of Citizenship, Immigration and Multiculturalism announced in September, Citizenship and Immigration Canada is now investigating more than 11,000 individuals from more than 100 countries for attempting to cheat Canadians and Canada. In order to help detect fraud we have also introduced a citizenship fraud tip line. We are also taking action to crack down on crooked consultants who often help people maintain a Canadian address to appear as though they are living in Canada, even though in some cases they never have.

Canadians should be proud that so many people around the world want to become Canadian citizens. It is a testament to what a great country we live in. We can often take our citizenship for granted though. It is easy to forget how many people do not enjoy the liberty, security and freedom that we as Canadians do.

Our government believes that citizenship is precious, that it is a privilege and we have sent a clear message to those who would lie and cheat to obtain it that Canadian citizenship is not for sale. Bill C-425 aims to protect the value of citizenship by giving citizenship sooner to members of the Canadian Forces and by taking it away from those who undermine our country by taking up arms against Canada. In principle, it makes sense that those who commit violent acts against Canada and our armed forces, who do not believe in Canadian values or the value of Canadian citizenship should no longer hold citizenship in our great country. However, this proposal requires further study.

The bill contains certainly laudable proposals. That is why I personally support the bill moving forward to committee for further review and study, and I hope all members in the House will also do the same.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, I am speaking today about Bill C-425, which introduces new grounds for granting or revoking Canadian citizenship.

Under the Citizenship Act, Bill C-425 would, under certain conditions, allow the immigration minister to reduce from three years to two the required years of residence to grant citizenship to members of the Canadian Armed Forces who are permanent residents.

In addition, under this bill, an individual would be deemed to have made an application for renunciation of their Canadian citizenship if they engaged in an act of war against the Canadian Armed Forces.

The NDP is in favour of expediting the process of granting Canadian citizenship to reward the dedication of permanent residents who serve in the Canadian Armed Forces. We also want the Canadian Armed Forces to reflect Canada's diversity. However, in terms of the specifics set out in Bill C-425, there are currently very few situations in which a permanent resident would be able to enlist in the Canadian Armed Forces.

If Canada wishes to recognize the extraordinary contributions of future citizens, why not offer this same advantage to new Canadians who make remarkable contributions to Canadian society in other sectors, and not just through military service?

While Bill C-425 is meant to reduce the timeframe required to obtain citizenship for certain permanent residents, the NDP believes that the government also needs to work on reducing the exceptionally long wait times for the processing of all citizenship applications. I think it is important to point out that the sweeping changes the Conservatives have made to the Canadian immigration system in recent years have not made it any more efficient or fair.

According to Citizenship and Immigration Canada, the processing time for citizenship applications is nearly two years. Furthermore, the self-described “forgotten ones of Buffalo”, whom I saw at lunch time, actually, were on Parliament Hill today to continue to pressure the government. These immigrants, many of whom live in Quebec City, are still waiting for the federal government to settle their status. So what happened?

The Canadian visa office in Buffalo, where their applications were being processed, suddenly closed up shop in the wake of the Conservative government's budget cuts. Many of them submitted their applications two or three years ago and are still waiting to hear from Citizenship and Immigration, which is giving very little information about how long it may take to process their files. The upshot is that over 10,000 immigrants are still waiting for their application for permanent residence to be processed, and meanwhile, they are left completely in limbo.

Unfortunately, it is just the tip of the iceberg: as of last June, 285,000 people were waiting for their applications to be processed by Citizenship and Immigration Canada officials. At the same time, the department was cut by 5.3% as a result of the last federal budget. Even though waiting periods continue to grow, 285 positions were eliminated across the country.

There is a significant backlog in more than just citizenship applications. According to an article that appeared in Le Droit in November 2012, more than one million people who want to come to Canada are still waiting for a decision on their immigration file. It seems that this backlog will not be cleared before 2017, according to a report released last winter by the House of Commons Standing Committee on Citizenship and Immigration.

This same report recommended that Citizenship and Immigration Canada modernize several of its immigration practices as soon as possible. According to information obtained by Radio-Canada, Citizenship and Immigration Canada dismissed 75 employees at its Montreal call centre, where the department's telephone services for clients across the country are centralized.

Unfortunately, according to the same information obtained by Radio-Canada, officers could only answer 9% of the 30,000 calls received daily. David Chalk, chair of the Quebec association of immigration lawyers, says he is worried about this situation.

Mr. Chalk got his lawyer colleagues in Canada to phone the call centre in Montreal. They had to wait an average of four hours to speak to an agent. Is this normal? Citizenship and Immigration Canada defended itself by saying that it was possible to file a complaint about the abnormally long wait time. However, to get in touch with the complaints department, you have to go through the call centre.

In my Quebec City riding office, I often receive calls from claimants in distress who do not understand why the process is taking so long. These immigrants contribute to Canadian society. Most of them are permanent residents and are already participating in society. They sometimes have children who are Canadian citizens. Unfortunately, on this government's watch—

[The Deputy Speaker]

Order. The hon. member will have four minutes to finish her speech when we resume consideration of the motion.

The hour provided for the consideration of private members' business has now expired, and the order is dropped to the bottom of the order of precedence on the order paper.

The House resumed from January 29 consideration of the motion that Bill C-425, An Act to amend the Citizenship Act (honouring the Canadian Armed Forces), be read the second time and referred to a committee.

[Irwin Cotler, Liberal, Mount Royal, QC]

Mr. Speaker, I am pleased to rise in this debate on Bill C-425, an act to amend the Citizenship Act.

This private member's bill, at present, makes two changes to the citizenship process. First, it reduces the time a permanent resident must wait for citizenship if he or she completes basic training and has signed a minimum three-year contract with the Canadian armed forces. I would just note here that if this were the entire bill, I think it might well be passed by unanimous consent and we would not be having this debate today. I wholeheartedly support this provision.

The second element of the legislation provides that a person is deemed to have made an application for renunciation of their Canadian citizenship or is deemed to have withdrawn their application for Canadian citizenship if they engage in an act of war against the Canadian armed forces.

What complicates and indeed invites today's debate are the public statements by the Minister of Citizenship and Immigration that he seeks to modify the bill to revoke the citizenship of those who have engaged in acts of terror. Regrettably, we do not have his legislative amendments before us in the House. We do not know the exact wording he proposes. This may make all the difference, not only from a policy standpoint but from a legal and constitutional perspective as well.

The minister has argued that the power to revoke citizenship in such cases is a necessary one. He is quoted in La Presse this morning.

The amendments that I suggested will finally make it possible for Canada to harmonize its approach with those of other liberal democracies and will strengthen the value of Canadian citizenship. This will send a clear message that Canadian citizenship has real meaning and is not just a pass that violent terrorists can use with impunity.

The rhetoric in this statement certainly resonates and appears compelling on its face. Indeed, a commentator on this point, Mr. Ibbitson from the Globe and Mail, said something to the effect that if nothing else, this is good politics, and the immigration and citizenship minister is certainly a good politician.

However, the Minister of Citizenship and Immigration has been in this role since October 2008. He has, since then, introduced seven immigration acts, none of which have called for such a provision. Questions arise. Why now? Why this bill? Why in this way?

What Canadians may not know, though the issue is drawing more attention of late, is that a key difference between a private member's bill, such as that which is before us, and a government bill, such as would be the case if the minister were to introduce stand-alone legislation in this regard, is that government bills require the constitutional approval of the Minister of Justice pursuant to the Department of Justice Act.

In other words, by introducing such items through this private member's route, one circumvents the long-standing process by which legislative proposals are vetted for compliance with Canada's Constitution, including an assessment by the Department of Justice for litigation risk. This, of course, invites the question of whether there is an issue here of constitutional concern. As well, is there a related litigation risk?

Simply put, while we have a process allowing for the revocation of citizenship, as per section 10 of the Citizenship Act, in cases where a person obtains citizenship, for example, through false representation, fraud or knowingly concealing material circumstances, we do not have other ways of revoking citizenship at present. This new proposal, by way of a private member's bill, raises serious constitutional concerns given, inter alia, the Charter's guarantees in sections 6, 7 and 15, particularly where it engages matters of national or ethnic origin, or potentially the recognized analogous ground of citizenship.

Moreover, there are concerns with respect to the Canadian Bill of Rights, which reads in part, “no law of Canada shall be construed or applied so as to...authorize or effect the arbitrary detention, imprisonment or exile of any person”. The Bill of Rights also prohibits an act that would “deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations”. I should note, however, that there is a notwithstanding process in that regard.

At its core Bill C-425, and this is the key point, goes to the heart of the question of citizenship in Canada, a concept that is actually quite fluid and flexible, perhaps more than most Canadians think, with attending constitutional concerns.

Indeed, it remains unclear under what circumstances the revocation of formal citizenship, as opposed to the denial of an application for citizenship by a permanent resident, would implicate charter considerations. It is for this reason that rigorous debate by the members in this place is so important with regard to the bill, as it would implicate our constitutional responsibilities as members of Parliament with respect to public oversight of the legislation, as well as trustees of the public with respect to any risk litigation.

Let me be clear. There is no question that an act of war against Canadian armed forces represents a repudiation of the values that we associate with the concept of citizenship, namely democracy, security, freedom, and equality. However, it is critical that we closely scrutinize any proposed legislation that would implicate rule of law considerations.

As I have noted, the concept of citizenship in Canada is flexible and the question of under what circumstances the government is entitled to revoke citizenship has perhaps not been fully yet determined by our courts. However, unlike questions of naturalization, the revocation of formal citizenship raises important questions pursuant to sections 6, 7 and 15 of the Charter of Rights and Freedoms.

Indeed, despite the repugnance of the crimes at issue, namely, the commission of an act of war or terrorism against one's own country, constitutional rights and the rule of law are not negotiable. Therefore, the fundamental questions we must ask, and it is our responsibility to address these questions, is to what extent these constitutional rights would be implicated by this legislation.

If the members in this place are to enable the revocation by the Government of Canada of Canadian citizenship in instances of criminality such as this, we must, simply put, ensure that such revocation is consistent with the rule of law, as defined by the charter and the related jurisprudence.

As I have mentioned, there are three distinct charter provisions engaging a panoply of rights that may be implicated by changes to the Citizenship Act such as proposed by this bill. These are sections 6, 7 and 15 and which together provide for a necessary starting point in discussing the constitutional contours of the legal concept of Canadian citizenship and the implications of such revocation.

Section 6(1) of the charter provides for the right of any citizen to “enter, remain in and leave Canada”. This is one of the charter rights that applies only to citizens, rather than to permanent residents, whose constitutional mobility rights are separately provided for by section 6(2). Certainly, the revocation of citizenship in a particular instance would result in the inapplicability or denial of section 6(1)'s mobility rights.

Accordingly, on this point, it is precisely for this reason that it is of critical importance to ensure that the revocation of citizenship is consistent with procedural due process requirements. Moreover, because the revocation of citizenship would result in the revocation of section 6(1)'s mobility rights, it would also raise concerns with respect to section 7 of the charter and the right to liberty. Indeed, the Supreme Court has determined that section 7 rights apply universally to anyone present in Canada, regardless of citizenship status. As well, it would implicate the rights of security of the person also in section 7. Therefore, we would have a panoply of rights here implicated. It is a central constitutional question that we cannot avoid addressing.

Finally, we must consider section 15 of the charter, which constitutionally prohibits the federal government from passing discriminatory citizenship laws. The courts have recognized that citizenship status is an analogous ground to the enumerated section 15 protected categories, thereby providing for constitutional protection against discrimination based upon citizenship.

Moreover, section 15 has been deemed to apply regardless of citizenship status. Therefore, by allowing for the revocation of citizenship, even in cases of commission of acts of terror, but only in cases where an individual is also a citizen of another country, Bill C-425 would raise section 15 equality concerns. Simply put, the bill would potentially discriminate against those Canadians who are also dual citizens of both Canada and another country.

Some may wonder why I raise the right to a fair hearing to which I referred to earlier. Since we do not know the language of the legislative amendments proposed by the minister, it could be that the proposed revocation of citizenship is automatic, thus, depriving one of a fair hearing. In the alternative, it could be that the proposal deems an application for renunciation to have been made by the person with respect to the person who has perpetrated the act of terror. The question then becomes one of whether the person could withdraw his or her deemed renunciation or make a further submission as to why the deemed renunciation should not be granted.

I raise these questions not as arcane procedural questions or trivial debating points but as serious considerations that need to be determined and debated in committee. Indeed, there is no question that the first time this revocation process is used, for whatever reason, it will be challenged in the courts, and the government will be obliged to defend it at taxpayers' expense.

Accordingly, we must have—

[The Acting Speaker, Bruce Stanton]

Order, please.

We have reached well over the time allocated for the interventions.

Resuming debate, the hon. Parliamentary Secretary to the Minister of Citizenship and Immigration.

[Rick Dykstra, Conservative, Parliamentary Secretary to the Minister of Citizenship and Immigration]

Mr. Speaker, I listened with great interest to the comments of the member for Mount Royal. It sounded to me to be a somewhat speculative perspective on what may or may not be an amendment to the bill. I would suggest to the member that he would be wise to use his time to speak specifically to the bill in front of us versus speaking about amendments when he is not sure what they are going to look like or what they are going to propose. It is the process we use here in the House of Commons.

Further, the citizenship, immigration and multiculturalism committee is going to be reviewing this private member's bill when it passes through second reading. He can rest assured that it will get the due process and time necessary.

Mr. Speaker, I want to thank you for the opportunity to rise and speak to Bill C-425, which is the private member's bill introduced by the member for Calgary Northeast. It is not surprising to me that such a bill was introduced by a member of Parliament who is an immigrant to Canada. I have found that naturalized Canadians often have a more acute understanding of the meaning and importance of Canadian citizenship, having made a deliberate choice, and often great sacrifices, to attain it. It says a lot that the bill was introduced by this member of Parliament, an immigrant to Canada himself, and that his bill has received overwhelming support from new Canadians especially.

I want to commend the member for Calgary Northeast for bringing forward a bill that is based on principle and on strengthening the value of our Canadian citizenship. In fact, no government has done more to strengthen the value of Canadian citizenship than our Conservative government. For example, we introduced the new citizenship study guide, entitled “Discover Canada: The Rights and Responsibilities of Citizenship”. The guide provides essential information for anyone preparing to become a Canadian citizen. This helps ensure that all newcomers have more knowledge of the country they are joining.

In our country, if someone sells 5,000 or 10,000 new books, it is considered a bestseller. What is interesting is that “Discover Canada” has literally been taken off the shelves across the country. Literally thousands of copies have been requested by individuals and schools. It is a testament to the fact that we actually have a document that shows that the honour of citizenship bestowed on an individual requires research, study and commitment from those who anticipate and expect Canadian citizenship.

To add to that, it provides a much better overview of Canada's traditions, our values and our history, including our immigration history, than its predecessor. The old guide contained no reference, for example, to the Remembrance Day poppy and little mention of the stories and symbols that made us who we are, including the first and second world wars. We are pleased that it has been a tremendous success and is popular, not only with applicants who are seeking Canadian citizenship but with established Canadians as well.

Furthermore, our government has taken action to crack down on citizenship fraud. We are ensuring that anyone who lies about who they are, their residency in Canada or hidden past criminal activities has their citizenship stripped. We have created a citizenship fraud tip line so that Canadians can anonymously report fraud. There are currently 11,000 fraud investigations underway, which include 3,100 Canadian citizens. We are sending a clear message that Canadian citizenship is not for sale. We are applying the full strength of the law to those who have obtained their citizenship fraudulently.

The first part of the bill should be something all members of the House can easily support, which is fast-tracking Canadian citizenship for permanent residents who serve in our Canadian armed forces. More specifically, Bill C-425 proposes to fast-track citizenship for members of the Canadian Forces who are permanent residents by reducing the resident requirement for citizenship by one year. This would be for Canadian Forces members who have signed a minimum three-year contract and have completed basic training within our armed forces.

It is true that permanent residents cannot easily join the Canadian Forces, but if the forces have a position that requires skills and expertise for which a Canadian citizen may not be available, they can recruit permanent residents for that position. While it is also true that this would not impact a great number of permanent residents, it does not make it any less important. It is important recognition of the loyalty, service and willing sacrifice shown to our country by the individuals, regardless of how small or large that number may be.

The second part of this bill has received quite a bit of attention recently. As currently written, it would result in anyone who commits “acts of war” against the Canadian Forces having deemed renunciation of their Canadian citizenship.

Recently the Minister of Citizenship, Immigration and Multiculturalism suggested that the bill could be expanded to include terrorist acts against Canada and its allies. The reaction from Canadians was perhaps not the same as from those who sit across from us in the House of Commons. However, certainly Canadians across this country responded to the recommendation. A poll commissioned by the member for Calgary Northeast himself on this bill found that almost 85% of Canadians agree or strongly agree with stripping Canadian citizenship from terrorists, and a petition posted on the minister's member of Parliament website was signed by an astounding 10,000 people in less than five days.

I know that since the introduction of this bill almost a year ago, the MP for Calgary Northeast and the Minister of Citizenship, Immigration and Multiculturalism have been speaking about ways to enhance and expand this section, despite what the opposition claims, as it tries to desperately find a criticism for such a popular proposal. It sometimes does leave me astounded. When a good piece of legislation is brought forward in the House of Commons that is stripped free of partisanship, the simple thing the opposition needs to do is to support it.

There have been several examples in the past, unfortunately including very recently, when this has happened. The recent discovery that one of the organizers of a horrendous bombing in Bulgaria, which killed several innocent people, was a dual national Canadian citizen, disturbed Canadians across the country, including me, and I am sure all members of the House of Commons.

The 1947 Citizenship Act actually included the power to revoke citizenship from those who were guilty of treason. The removal of this provision, in 1997, made Canada's citizenship law an aberration, as virtually all other liberal democracies have the legal authority to strip citizenship for such crimes as treason and terrorism. In Australia, for example, and the United Kingdom, a person can be stripped of citizenship if it is in the public interest, a much lower and more vague standard than the sponsor of this bill or the minister have suggested. France, New Zealand, Switzerland, Germany, the Netherlands and Brazil are a few examples of countries that can strip citizenship for treason or terrorism, among other things.

The fact is that Canadian citizenship is already not inalienable, as it can be renounced voluntarily, or revoked, as I mentioned, from those who have obtained it fraudulently. Like the 1947 Citizenship Act, the premise of the bill put forward by the MP for Calgary Northeast is that citizenship is predicated on reciprocal loyalty. If a Canadian passport holder maintains another nationality while waging war against Canada, this should be construed for what is so obviously clear; it is a deliberate renunciation of one's citizenship. In other words, renunciation of Canadian citizenship should be possible, not just through the legal formalism of signing an application, but also a logical consequence of one's violent actions against one's country.

The question that has been raised is whether this principle of deemed renunciation of citizenship should also apply to Canadian passport holders who are convicted of serious terrorist acts. Given that Canada is an enemy of terrorism and proscribed terrorist organizations in particular, it is very reasonable to suggest that participation in terrorist crimes be considered a voluntary renunciation of one's loyalty to this country and consequently of one's citizenship.

To conclude, the member for Calgary Northeast's thoughtful private members' bill, and the amendments that have been suggested by the government, would finally bring Canada in line with other liberal democracies and would strengthen, again, the value of Canadian citizenship. It would also send the message that Canadian citizenship has real meaning and cannot be used as a flag of convenience by violent terrorists.

I hope the NDP and Liberals will listen to the vast majority of Canadians. If they do not want to listen to this side of the House, they should listen to the vast majority of Canadians and support this important piece of legislation going to committee for a thorough review and study. Our government is strengthening the value of Canadian citizenship. I hope the NDP and Liberals will work with us instead of against us in this regard.

If the NDP and the Liberals do not want to listen to this side of the House, they should listen to the vast majority of Canadians and support this important legislation going to committee for a thorough review and study. Our government is strengthening the value of Canadian citizenship. I hope the NDP and Liberals will work with us instead of against us in this regard.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank you for this opportunity to speak to Bill C-425, introduced by the hon. member for Calgary Northeast.

First, it is important to mention that the main principle behind this legislation seems laudable, even though some parts have serious flaws that would also have serious consequences.

The hon. member wants to reward permanent residents who join the Canadian armed forces by speeding up citizenship approval, and the official opposition supports that idea.

The suggestion to reduce from three to two years the required period of residence in Canada to grant citizenship to a member of the armed forces meets several objectives.

It would allow us to better recognize and value the contribution of the newcomers who join our armed forces.

Our military make sacrifices. Sometimes, they even make the ultimate sacrifice. As parliamentarians, it is our duty to give them all the recognition they deserve. Therefore, acknowledging this exceptional contribution by speeding up citizenship approval would be welcome.

Moreover, this initiative would support the Canadian Forces' will to promote greater diversity in their ranks.

Currently, visible minorities account for only 6% of the Canadian armed forces. That is clearly not enough, considering that, by the end of the decade, visible minorities will account for 20% of the labour force. If the proposed measure can promote greater representation for ethnocultural communities in our armed forces, we will be happy to support it.

After all, the Canadian Forces serve the community and act as representatives abroad. Therefore, it is essential that they reflect the diversity of Canadian society.

That said, several aspects of Bill C-425 are quite problematic.

First, I am particularly concerned about the issue of renunciation of citizenship.

The bill provides that a citizen or a legal resident of a country other than Canada is deemed to have made an application for renunciation of his Canadian citizenship if he engages in an act of war against the Canadian armed forces. Also, a permanent resident who commits such an act would also be deemed to have withdrawn his application for Canadian citizenship.

The fact is that there is no definition of the expressions “act of war” and “legal resident” in Canadian law.

Also, there is no mention in the text submitted by the member for Calgary Northeast of the processes that, for example, would follow an accusation of act of war. Consequently, the bill does not have the necessary legal basis for its implementation and it would be totally dependent on judicial interpretation.

The scope of the legislation proposed by the hon. member is very broad, unless benchmarks are included regarding its legal basis and the resulting processes.

So, it is essential that the committee look at ways to define the terms used in the bill and spell out the process related to this possible renunciation of citizenship.

The operationalization of Bill C-425 is also problematic.

First, the basic requirement to join the Canadian Forces is to be a Canadian citizen. The only possibility for a permanent resident to join is to get an authorization from the Chief of the Defence Staff to fill a special need, or because of a significant lack of human resources, which is presently not the case.

Only a very small minority will be able to take advantage of the bill’s positive aspects.

As a matter of fact, during the discussions that have taken place at second reading, the sponsor of the bill has been unable to provide us with information about the number of people who might be affected by this measure.

There is therefore some research that should be conducted on this point. In addition, we think it is fair to wonder whether the government’s real objective here is not the renunciation of Canadian citizenship much more than it is the recognition of military service.

The delays in obtaining citizenship also deserve particular attention.

Right now, nearly 300,000 permanent residents are waiting to be granted Canadian citizenship. Consequently, despite the good will of the bill’s sponsor, the reality is that departmental cutbacks have significantly reduced the pace at which files are handled at all levels.

The handful of permanent residents who, according to the current version, will be able to take advantage of the proposed measure will not be much further ahead because of the huge backlog of applications.

In addition, I am wondering about the way in which the government has prioritized its action. The minister announced cuts of $80.3 million in the last budget, he is shutting down visa application centres and scaling down client services at CIC.

Delays in all immigration programs are escalating all the time. People are having trouble reaching staff members, and thousands of applicants are paying for the minister’s mistakes.

There is therefore a dichotomy between the bill introduced by the member and the decisions being made by the current government. As the system is being gutted, my colleague is proposing to accelerate processing of citizenship applications for permanent residents who might be able to serve in the Canadian Forces.

That being said, I agree with the bill’s principle and direction, and I think it necessary to support the bill at second reading, so that it can be reviewed in depth in committee. However, several elements that will make the bill acceptable in both its content and its implementation will have to be included.

The notions of “act of war” and “legal resident” should be defined in the bill in order to limit the potential for judicial interpretation. The process surrounding the renunciation of citizenship must also be considered. We will have to debate this part of the bill and flesh it out. It would be completely shameful for the government to create two classes of citizens without any debate or real consultation.

We must also consider the scope of the bill and potentially broaden it. It would be short-sighted to make legislative amendments that affect so few individuals.

In closing, I believe that we must consider Bill C-425. However, it seems clear to me that we must work together to limit its potential for abuse and optimize its application. This will allow us to come back to the House with a document that meets its original objectives.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I am pleased to stand and speak to Bill C-425, which introduces three new grounds for citizenship, or its removal, under the Citizenship Act based on relations with the Canadian armed forces.

The bill introduces, first, a new ministerial power to shorten permanent residency requirements for members of the Canadian armed forces seeking citizenship. This would give a new power to the minister for the purpose of alleviating special and unusual hardship or to reward service of exceptional value to Canada. On application, it would also reduce the residency requirement from three years to two years for members of the Canadian armed forces seeking citizenship, so long as that member has both signed at least a three-year contract and has completed basic training.

Second, it contains a deemed application section for renunciation of Canadian citizenship if that citizen engages in an act of war against the Canadian armed forces and that same citizen is also a citizen or legal resident in a country other than Canada.

Third, there is a deemed withdrawal provision of an application for Canadian citizenship where a permanent resident who has made that application for citizenship has engaged in an act of war against the Canadian armed forces.

I must start by pointing out a classic bit of hypocrisy, which we often see from the Conservative side of the House, where the parliamentary secretary stood up and lectured the member for Mount Royal for bringing up the musings of the Minister of Immigration this past week of adding a section that would also allow the government to strip citizenship of those accused of terrorism. The parliamentary secretary berated the hon. member on this side of the House for bringing that up and considering that. He then proceeded to do the same thing in his own speech.

One wonders whether basic elements of consistency and principle have any traction on that side of the House. By the way, I want to compliment the member for Mount Royal on a thoughtful speech that points out what Canadians really want to see in their immigration policy and in policy in general, which is well-thought-out, rational, policy-based, evidence-based and constitutional legislation.

The background to the bill and the context in which it occurs is important for Canadians to remember. Since March 2008, over 25 major changes have been made to immigration procedures, rules, legislation and regulation. These have increased dramatically since the Conservatives formed a majority government. Among other changes, the Conservatives have used their majority to freeze parental sponsorships, to weaken family reunification, to punish vulnerable refugees and to increase the number of temporary foreign workers to meet the demands of their friends on the employer side of the equation. Most of these changes are politically motivated, invariably heartless, always without evidentiary basis and frequently unconstitutional.

Bill C-425 attempts to fast-track the time within which certain permanent residents may apply for citizenship. New Democrats think the government ought instead to be working to address the exceptionally long processing times for citizenship applications, which Citizenship and Immigration Canada currently reports is an almost two-year wait for processing. In other words, no one in this country gets their citizenship recognized anywhere near the time they are legally entitled to, and as such Bill C-425 is making a hollow and, I would respectfully submit, politically motivated promise.

Two years is the average. I have constituents waiting for citizenship, and I think every member in the House does, who wait between two and five years. These are permanent residents who came to this country, did everything they were asked of by this country, have worked hard, paid their taxes and want to become citizens so they can vote in this country, fully express their democratic rights and get a Canadian passport.

Instead of taking care of these unbelievably appalling and outrageously long lines, the government does nothing and instead fiddles with these relatively arcane issues that do not affect very many people at all. This private member's bill would get at an extremely limited number of cases as the circumstances under which a permanent resident would be able to enrol in the Canadian Forces are currently extremely narrow.

The Canadian Forces website and the Canadian Forces Ottawa recruitment office have made it clear, in no uncertain terms, that a permanent resident may not enrol in the Canadian Forces. A permanent resident may only enrol when the Chief of the Defence Staff of Canada or such officer as he may designate authorizes the enrolment of a citizen of another country, which would only happen if he is satisfied that a special need exists and that the national interest would not be prejudiced thereby.

How many permanent residents do we really think are in the Canadian Armed Forces who have served three years, who have completed basic training, who are permanent residents, who are applying for Canadian citizenship and are residents and citizens of another country? However, I can tell the House how many permanent residents are waiting right now for their citizenship: hundreds and hundreds of thousands. One might ask, why would any member of the House target a bill that might affect six people, a dozen or a couple of dozen, instead of dealing with 300,000 Canadians? That shows misplaced priorities.

In terms of the other part of the bill, deemed stripping of citizenship, I want to repeat the remarks of my friend, the hon. member for Mount Royal, who points out the very delicate matter of stripping citizenship from people.

It may be good policy, because I have noticed in the House that whenever the government gets in trouble, whenever one of its members gets criminally charged or is under ethical investigation or the government is having a bad week, the government turns to one of two things, a crime bill or an immigration bill. Invariably, it seeks to marginalize and attack a certain group.

Right now we have a member from Edmonton who is charged for failing to take a breathalyzer test; we have Senator Brazeau who is charged with domestic and sexual assault; we have four senators now who do not seem to know where they live despite the constitutional requirement to reside in the province to collect their money. In fact, they are collecting money and per diems from Canadian taxpayers to live in Ottawa based on the fact they are away from their homes, but they have homes in the Ottawa area.

Marginalizing and attacking certain groups is a constant theme of the government, but Canadians are not fooled. They are not fooled because if the government were truly interested in dealing with citizenship and immigration, it would be attacking the real problems facing people in this country, including appallingly long wait times to sponsor one's parents and unite one's family, for employers to get their workers here, and for skilled workers to immigrate to this country.

Right now, despite all the rhetoric and fast talk of the Minister of Immigration, the truth, as members will find out in talking to any immigrant community across this country from coast to coast, is that wait times are as long today as they were five years ago. There is no progress. People do not mind waiting six or 12 months, but wait times are now measured almost in decades. People wait 10 years to sponsor their parents.

I have a real case from one of my constituents in the armed forces, who is serving with distinction. He is from Vietnam. He applied in October 2006 to sponsor his widowed mother in Vietnam. The sponsorship was verified and first-stage approval was given in 2009 and it has been in transit for second stage approval, which was received in Singapore in 2009. The most recent status update that we did for this gentleman in December 2012 indicates that the application was received in 2009, that it is in queue and that there is a 49-month wait.

Thus, there is a four-year wait from now, plus the three years' wait from 2009, on top of the wait from the time he applied in 2006. This member of our armed force, who is proudly serving our country, defending our interests, putting his life on the line and who wants to sponsor his mother, has been waiting since 2006, some seven years, and has another four to wait. This person will wait 11 years to sponsor a parent. He is not alone.

Is the government doing anything to speed up the process? No, it is cutting the number of officers around the globe. It is cutting funding for the Department of Citizenship and Immigration, and wait times will get longer.

While all the fast talking is being done by the minister, Canadians know the truth, that the government is using immigration as a political football, not trying to improve the process.

I also want to point out that the parliamentary secretary said that the Conservatives had strengthened our Canadian citizenship. I ask, when was it weak? Who thought it was weak, because we on the New Democrat side of the House have always valued Canadian citizenship? We think all Canadians have as well. The Conservatives act as if Canadians took their citizenship lightly before 2006. In Vancouver Kingsway, consisting of some 70% new Canadians or at least second or third generation Canadians, these people take their Canadian citizenship extremely seriously. I do not know what kind of mind could conjure up the idea that someone is taking Canadian citizenship lightly, but it is surely no one on this side of the House.

I will conclude by saying that the New Democrats will support the bill's passage to committee, because we want to study the bill and pursue amendments. The idea of doing anything that might speed up citizenship for any member of our forces is an idea worthy of exploration, but let us be clear: Only a New Democrat government will ever bring in the kind of immigration reforms necessary to actually satisfy the needs of the immigrant community in this country. We will do that in 2015.

[The Acting Speaker, Bruce Stanton]

Resuming debate. I invite the hon. member for Calgary Northeast for his right of reply. The hon. member has five minutes.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, I would like to thank all members for their contribution to this bill, as well as the thousands of Canadians who have given their active support since this bill's infancy. Once again, my bill is based upon three beliefs: more pathways to integration, that our troops deserve the highest respect, and that Canadian citizenship is a privilege which deserves the highest esteem.

As I said at the outset of this debate, I am a proud immigrant to this country. I believe that citizenship is enormously important. Citizenship is about our culture, our heritage and our loyalty, and there is no group that stands for these values more than our Canadian armed forces. They defend our nation and our values by putting their lives on the line each and every day. Joining the armed forces demonstrates a profound belief in, and commitment to, defending this country, which presents an excellent opportunity for integration, something this bill seeks to reward.

The second part of this bill is something that I sincerely hope will never be used. The same love for our country that inspired the first part of this bill necessitates the second part of this bill. Those who seek to harm Canada should pay for their actions. In the case of treason, perpetrators have shown they have no loyalty to Canada, and in fact find no value in Canadian citizenship. As such, they do not deserve the privilege of being Canadian citizens.

This bill is not unprecedented. Numerous western democracies, including the United Kingdom and the United States, already have similar laws that allow for the renunciation of citizenship for acts of treason. Furthermore, this law is simply a necessary step in widening Canada's existing legislation. Section 10 of the Canadian Citizenship Act already provides for the deprivation of citizenship and section 46 of the Criminal Code clearly identifies treason as a crime.

Until 1977, people who committed acts of treason would be punished by the removal of their Canadian citizenship. Citizens of Canada want this to be returned to law. My bill would expand existing laws to see that those who commit acts of treason meet proper justice, with all due oversight and rights of appeal outlined in the Criminal Code and the Canadian Citizenship Act. Of course, we would also uphold our international obligations and agreements.

We have an overwhelming mandate from Canadians who want this bill to succeed. I sent a householder survey to residents in my riding and the bill was supported by 87% of respondents. On October 30, the National Post reported on the results of an NRG poll of 1,001 Canadians from coast to coast to coast asking their opinion on the renunciation of citizenship. The poll showed that more than 8 in 10 Canadians are in favour of this bill.

Furthermore, the Calgary Herald editorial board, along with the Ahmadiyya Muslim Jama'at Canada, the Somali-Canadian Education and Rural Development Organization, Immigrants for Canada, the Centre for Immigration Policy Reform, the Muslim Canadian Congress, B'nai Brith Canada, and many more organizations, have endorsed my bill, demonstrating the wide array of support of Canadians from all backgrounds and walks of life.

I am optimistic that the opposition will choose to support new immigrants and will not oppose giving our armed forces the support and respect they so definitely deserve. I am sure members of all parties will continue to be as open-minded to having a real discussion on this important issue at the committee stage as members from both the NDP and Liberal Party stated they were in the previous hour of debate. In that spirit, I want to once again reiterate that I am open to any and all amendments that are in line with the aims and intent of this legislation.

I want to do the following: create more pathways to integration, support the brave men and women who serve in our armed forces, and underscore the immense value of Canadian citizenship. The bottom line is that we should reward those who are willing to put their lives on the line for Canadians and ensure that those who would attack the men and women who put their lives on the line to defend our freedom pay for their actions.

[The Acting Speaker, Bruce Stanton]

The question is on the motion. Is it the pleasure of the House to adopt the motion?

[Some hon. members]

Agreed.

No.

[The Acting Speaker, Bruce Stanton]

All those in favour of the motion will please say yea.

[Some hon. members]

Yea.

[The Acting Speaker, Bruce Stanton]

All those opposed will please say nay.

[Some hon. members]

Nay.

[The Acting Speaker, Bruce Stanton]

In my opinion the yeas have it.

And five or more members having risen:

Pursuant to Standing Order 93, the division stands deferred until Wednesday, February 27, immediately before the time provided for private members' business.

It being 2:15 p.m., the House stands adjourned until Monday, February 25, 2013, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 2:16 p.m.)

The House resumed from February 15 consideration of the motion that Bill C-425, An Act to amend the Citizenship Act (honouring the Canadian Armed Forces), be read the second time and referred to a committee.

[The Speaker, Andrew Scheer]

The House will now proceed to the taking of the deferred recorded division on the motion at second reading stage of Bill C-425.

(The House divided on the motion, which was agreed to on the following division:)

Vote #620

[The Speaker, Andrew Scheer]

I declare the motion carried. Accordingly the bill stands referred to the Standing Committee on Citizenship and Immigration.

(Bill read the second time and referred to a committee)