An Act to amend the Citizenship Act and to make consequential amendments to another Act

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

John McCallum  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment amends the Citizenship Act to, among other things,
(a) remove the grounds for the revocation of Canadian citizenship that relate to national security;
(b) remove the requirement that an applicant intend, if granted citizenship, to continue to reside in Canada;
(c) reduce the number of days during which a person must have been physically present in Canada before applying for citizenship and provide that, in the calculation of the length of physical presence, the number of days during which the person was physically present in Canada before becoming a permanent resident may be taken into account;
(d) limit the requirement to demonstrate knowledge of Canada and of one of its official languages to applicants between the ages of 18 and 54;
(e) authorize the Minister to seize any document that he or she has reasonable grounds to believe was fraudulently or improperly obtained or used or could be fraudulently or improperly used;
(f) change the process for the revocation of Canadian citizenship on the grounds of false representation, fraud or knowingly concealing material circumstances; and
(g) remove the requirement that an applicant be 18 years of age or over for citizenship to be granted under subsection 5(1) of that Act.
It also makes consequential amendments to 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 13, 2017 Passed Motion respecting Senate amendments to Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act
May 17, 2016 Passed That Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, {as amended}, be concurred in at report stage [with a further amendment/with further amendments] .
March 21, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Citizenship and Immigration.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:05 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Mr. Speaker, I rise today to voice my serious concerns about Bill C-6.

Canada is the greatest and the most generous nation in the world. Our diversity is our competitive advantage, and having strong evidence-based immigration policies is vital as we continue that tradition.

We must have the right policies in place to ensure that Canadians and new Canadians can take pride in their citizenship for generations to come. However, the Liberals have literally ignored this fact, despite their commitment to transparent evidence-based policies. The Liberal government has consistently demonstrated the exact opposite since coming to power. They are recklessly politicizing Canada's immigration policy, despite the important role it plays in safeguarding the future security and prosperity of all Canadians.

The bill before us would reverse changes to the Citizenship Act enacted by our previous government, with the most notable changes being the ability of the government to revoke the citizenship of a dual national convicted of a terrorist act and the requirement that new Canadians sign an oath declaring that they intend to reside in Canada.

We believe that new Canadians enrich and strengthen our country. Their experiences and perspectives make us stronger. Immigration is an important part of who we are as a nation and of the strength of our nation's future. We want newcomers to Canada to have every opportunity to succeed, with opportunities for economic success, the experience of our many freedoms, and the experience of safe communities.

However, I am concerned that the Liberals' first priority, when it comes to tabling immigration and public safety legislation, is to effectively give back citizenship and protect the rights of a convicted member of the Toronto 18, Zakaria Amara. Bill C-6 would overturn the previous rule of stripping Canadians of their citizenship if they are charged with plotting against their adopted country. These charges include treason, acts of terrorism, and armed conflict against Canadians. As members can see, these are very specific instances.

It is baffling to me that the Liberal government would prioritize restoring Canadian citizenship to Zakaria Amara. Mr. Amara has so far been the only individual whose Canadian citizenship has been revoked under the changes made by the previous Conservative government.

To provide some context as to why this is important to me and to Ontarians, Mr. Amara had been previously sentenced to life in prison for his role in a bomb plot against a number of high-profile targets in Toronto and southern Ontario. This included a plan to rent U-Haul trucks, pack them with explosives, and detonate them via remote control in the Toronto area. Police thwarted the plot when they arrested Amara and 17 other people in the summer of 2006.

For many families, including mine, the news of the plot was very unsettling. Why would the Liberal government make these changes and not consider the opinions of Canadians in the GTA and how it would impact them, given what happened a decade ago? Other experts in the field have similar views.

Ms. Sheryl Saperia, director of policy for Canada for the Foundation for Defense of Democracies does not believe the provision should be repealed. In committee testimony, she stated that in cases where the crime is not just a crime under the Canadian Criminal Code but a crime against Canada as a national entity, by virtue of a person's actions, this might forfeit the right to Canadian citizenship. She said:

This has nothing to do with discrimination. This has nothing to do with putting up roadblocks, certainly not for any particular community. This is about people's actions. What they choose to do has certain consequences, which may include the revocation of citizenship.

She continues to claim, “I believe that, when people commit a crime against the country itself, then they are potentially forfeiting their right to that citizenship.” She also believes that it is not unreasonable to revoke citizenship for someone who is convicted for crimes of treason, espionage, armed conflict, and terrorism against Canada.

Finally, she states:

I don't believe that Canadian citizenship should just be so easy to receive. I believe it is truly a privilege and a gift. Canada is the most wonderful country in the world to live in. I don't believe it is unreasonable to create minimal standards for what it takes to retain that citizenship. I stand by my defence of the ability to revoke citizenship for those crimes against Canada....

Furthermore, when Mr. Shimon Fogel, chief executive officer of the Centre for Israel and Jewish Affairs, last appeared before the committee to testify regarding the previous Conservative government's Bill C-24, he articulated a position in support of the revocation of citizenship from dual national Canadians who have committed certain offences including terrorism offences. This position was a reflection of his belief that in the case of certain particularly heinous political crimes, the perpetrator is actually guilty of two distinct offences. First, they are guilty of the particular crime they have committed. Second, they are guilty of the fundamental betrayal of the core values on which Canadian citizenship is based.

To quote Mr. Fogel:

Our support for this provision [to revoke citizenship] reflects the desire to address not just the crime but also the grievous insult to Canada and Canadian identity that has taken place.

There is only one class of Canadian citizen and all Canadians deserve to be protected from acts of terror. It is also extremely worrying that under the bill a dual national's citizenship cannot be revoked for committing a terrorist act, but can be for simple fraud.

Bill C-6 also removes the requirement that an applicant intends, if granted citizenship, to continue to reside in Canada. Applicants for Canadian citizenship will no longer need to intend to remain in Canada upon gaining citizenship.

I believe that new Canadians enrich and strengthen our country. Their experiences and perspectives make us stronger. Immigration is an important part of who we are as a nation and the strength of our nation's future. We want newcomers to Canada to have every opportunity to succeed: opportunities for economic success, the experience of our many freedoms, and the experience of safe communities.

The “intent to reside” provision likely does not restrict mobility rights guaranteed under the charter and instead reinforces the expectation that citizenship is for those who intend to make Canada their permanent home. We hope that those seeking Canadian citizenship intend to bring their personal experiences and contributions to our country and enrich it by residing here.

In addition, Bill C-6 seeks to reduce the number of days during which a person must have been physically present in Canada before applying for citizenship. Under the existing Citizenship Act, the physical presence requirement was fulfilled if an applicant resided in Canada for 183 days in the four out of six years prior to making a citizenship application. The Liberal government proposed changes to reduce the physical presence requirement to three out of five years before the date of application.

We want newcomers to Canada to be successful and experience all that Canada has to offer. The longer an individual lives, works, or studies in Canada, the better connection that person will have to our beautiful and special country. I believe that strong residency requirements promote integration and a greater attachment to Canada. Participation in Canadian life for a significant period of time before they become citizens helps enrich both their experience and our country's future.

Finally, Bill C-6 limits the requirement to demonstrate a knowledge of Canada and of one of its official languages to applicants between the ages of 18 and 54 from the current ages of 14 to 64.

I cannot emphasize enough my belief that an adequate knowledge of either French or English is a key factor in successful integration into our communities and the labour force.

When I arrived in Canada, I began working in a factory. At the time, I was shy and spoke limited English. I have said this before and I will say it again. As a result, I had to rely on those around me to help me communicate with both my co-workers and supervisors. One day I needed help to ask my supervisor for some nails to complete the project I was working on. The young man I asked for help responded by demanding that I buy him lunch first. In this way, I was made to purchase lunch for this young man every day just to keep my job.

This is a situation that I hope other new Canadians never have to find themselves in. For myself and many others, learning the language allowed me to move past this difficult situation, further my own career opportunities, build a number of successful businesses, provide for my family, and support my own children as they pursue their hopes and dreams.

It is because of this experience that I support the immigration language requirements as they currently exist within the Canadian Citizenship Act. To change these provisions without thoughtful evidence-based research is both reckless and irresponsible. As I have repeatedly said, we want newcomers to Canada to have every opportunity to succeed, opportunities for economic success, and the experience of safe communities. Adequate knowledge of either English or French is a key factor in successful integration into our communities and labour force. Language proficiency promotes integration and a greater attachment to Canada. Proficiency in our official languages helps enrich both their experience and our country's future.

Does the Liberal government not value immigration and new Canadians enough to prioritize their successful integration? Are new Canadians simply a number in a politicized immigration levels plan, tabled without thought to what their lives will look like once they receive Canadian citizenship?

Part of successful integration is the opportunity to pursue meaningful employment. When questioned by committee members if any quantifiable consultation had been done into the economic implications of reducing language requirements, the Minister of Immigration answered that his government had not done so. My caucus colleagues and I demand the government implement sound, well-researched policies. The changes to the Citizenship Act as outlined in Bill C-6 fail on all fronts.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:25 p.m.


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Liberal

Shaun Chen Liberal Scarborough North, ON

Madam Speaker, there is no doubt that those who have committed treason or terrorism and are convicted of doing so face tough punishment and should be punished. There is, however, a problem under Bill C-24. That is why Bill C-6 seeks to revoke the two-tier citizenship.

Does the member opposite subscribe to equality before the law? Does he believe that in the eyes of the law each and every person should be treated the same way, should be put through due process, and should have fairness and justice under the law?

Citizenship ActGovernment Orders

June 16th, 2016 / 5:25 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, absolutely, we believe in the system of due process. However, one thing I would tell my hon. friend is I would not like my family living next door to Zakaria Amara.

This is a special case. When someone comes to our country, lives in our country, and we provide the whole situation for this person, and he has no respect for our country, for human values, or our infrastructure, that person has given up his citizenship of our country by his choice, not by our judicial system.

It is not our choice, nor my choice. As far as I am concerned, he committed the crimes and he is going to pay for it.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:25 p.m.


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NDP

Brigitte Sansoucy NDP Saint-Hyacinthe—Bagot, QC

Madam Speaker, I thank my colleague for his speech. I do not understand why the member insists on defending provisions that, according to the testimony of many experts from various groups, likely violate the charter, do not comply with international law, and will result in many constitutional challenges. Those groups include the Canadian Bar Association, the Canadian Association of Refugee Lawyers, Amnesty International, the Canadian Council for Refugees, the Barreau du Québec, the British Columbia Civil Liberties Association, and UNICEF. How can he defend these provisions?

Citizenship ActGovernment Orders

June 16th, 2016 / 5:25 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, as far as I understand, the same provision is applied by Australia, New Zealand, the United Kingdom, and many other countries. It is also pretty similar in the U.S.

To finish up on the topic, usually they throw the bombs from a drone. I think it is a fair deal looking at regular, hard-working Canadians. The people who commit that sort of crime, in my judgment, have forfeited their rights.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:25 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Madam Speaker, I thank the member for sharing some of his thoughts and experiences.

There seems to be a pattern here. We have a Liberal government that refuses to call genocide, genocide. We have a government that is so consumed with political correctness that it forgets what the everyday Canadian thinks about and is concerned about.

We all agree that with Canadian citizenship comes rights and responsibilities. The Liberals believe that as well, because there are instances where they are not changing the legislation whereby citizens would have their citizenship revoked. There are certain things that in the view of the Liberals constitute having citizenship revoked.

Why would the Liberals not think that somebody who commits an act of terrorism against Canada should have his or her citizenship revoked, but there are other circumstances where it would be all right? Why do the Liberals want to protect the citizenship of terrorists but not other types of criminal activity?

Citizenship ActGovernment Orders

June 16th, 2016 / 5:30 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, I am also puzzled by the same situation. I had a call two weeks back from somebody in Scarborough. The person claimed that somebody had made a minor mistake on an application for citizenship 25 years ago. That individual has kids and grandkids and has been told that he has to leave the country.

The member talked about balance. Bill C-6 has no balance. Is committing fraud worse than committing a crime against humanity or a crime against the country?

I talked to another colleague who said that nothing has changed in Bill C-6 compared to Bill C-24. Before the Conservatives took office, the citizenship application fee was $1,500. We brought that down by $500. The Liberal government has not brought anything down.

There are many other issues—

Citizenship ActGovernment Orders

June 16th, 2016 / 5:30 p.m.


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The Assistant Deputy Speaker Carol Hughes

Maybe the member could include that in his next remarks.

Questions and comments, the hon. member for Kitchener South—Hespeler.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:30 p.m.


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Liberal

Marwan Tabbara Liberal Kitchener South—Hespeler, ON

Madam Speaker, everyone in the House would agree that the main argument the Conservatives are giving is that they want to keep Canadians safe, and I understand that argument. Do they not feel that all Canadians who commit crimes should face the consequences of their actions through the Canadian judicial system? That would keep Canadians safe. If someone commits a crime, that individual should be subject to our judicial system and should be put in prison. That would keep everyone safe.

My colleague mentioned the Toronto 18. I want to give him an example. A family comes to Canada. One child was born overseas and another child was born in Canada. Say both of those children committed a crime here. Under our Canadian judicial system would they both not be considered equal under our laws? Under Bill C-24, one of those children would have citizenship revoked but the other would not. That would not be considered equal justice under the law.

I wonder if the member could comment on that.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:30 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, I have given at least two examples. My friend is on the same committee and we hear the same thing time after time. If somebody commits a crime against humanity, revocation of citizenship is valid as far as I am concerned. As I mentioned, a number of other countries, Australia, New Zealand, England and so on, do it.

Regarding the example of those two kids. Only the parents would be affected. The kids would stay in the country. There is no doubt in my mind that those kids' crimes would have nothing to do with the parents. If the parents committed a crime, then they should pay for it.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:30 p.m.


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Conservative

Mark Strahl Conservative Chilliwack—Hope, BC

Madam Speaker, I appreciate my hon. colleague's comments.

I asked the Liberal member for Brampton South earlier why the Liberals were okay with protecting dual citizenship when it came to terrorism, but when it came to fraud, they wanted to allow those citizens to have their citizenship stripped.

It seems they are in favour of two-tiered citizenship. If people are terrorists, the Liberals will make sure to protect their citizenship. If people are fraudsters, though, the Liberals might still go after them.

I also wanted to get his comments on a recent case in Denmark, where a terrorist, a dual citizen of Denmark, had his citizenship stripped after he committed terrorist acts and plotted against Denmark.

Perhaps the member could talk about that kind of a progressive country having that sort of law and that sort of system, as well as the Liberals' hypocrisy on dual track citizenship.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:35 p.m.


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Conservative

Bob Saroya Conservative Markham—Unionville, ON

Madam Speaker, it seems, from past experience, that the Liberals are always on the aggressor's side but never on the victim's side. This is what our party and Conservative MPs bring, they are more for the victims rather than the aggressors.

Going back to Denmark, and many other countries, that sort of punishment makes a difference. That sort of thing puts fear in their minds that if they do certain things, they will no longer be living in this country of Denmark or wherever.

This is exactly why the Conservative Party of Canada brought in Bill C-24. It was to put the fear in those people who want to commit crimes against humanity, against Canada, against all those things. We want to make sure the fear is there so they do not commit those crimes.

Citizenship ActGovernment Orders

June 16th, 2016 / 5:35 p.m.


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The Assistant Deputy Speaker Carol Hughes

It being 5:37 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

(Bill C-6. On the Order: Government Orders:)

June 16, 2016—Bill C-6, An Act to amend the Citizenship Act and to make consequential amendments to another Act, be read the third time and passed—Minister of Immigration, Refugees and Citizenship.

(Bill read the third time and passed)

Citizenship ActPrivate Members' Business

June 17th, 2016 / 3:30 p.m.


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The Assistant Deputy Speaker Anthony Rota

It being 3:30 p.m., pursuant to orders made earlier today, the House stands adjourned until Monday, September 19, 2016, at 11 a.m. pursuant to Standing Orders 28(2) and 24(1).

I want to wish all members a great summer.

(The House adjourned at 3:30 p.m.)