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 3rd, 2016 / 1:10 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I thank my colleague for the question. It is not something that is specifically addressed by the bill, but it is an important issue.

Generally, in these cases, my understanding is that equivalency assessments can and should be done. The member is quite right. Someone may be convicted of a crime in another state without actually having committed that crime. Another state may not only have different kinds of offences, but different ways of adjudicating offences that do not respect the fundamental rights of the individual. Therefore, it is important to have that process of equivalency assessment to assess the validity of convictions or charges that may have happened in other countries.

As much as it is not addressed in the scope of the bill, having that equivalency assessment is important.

Citizenship ActGovernment Orders

June 3rd, 2016 / 1:10 p.m.


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Conservative

Arnold Viersen Conservative Peace River—Westlock, AB

Madam Speaker, I would like to thank my colleague for his great speech on this topic. I always find him very interesting to listen to.

I have a couple of points that I would like him to broaden. We have talked a lot about citizenship and values. I am wondering if he could talk a bit about the value of citizenship, the whole concept of why we have citizenship in a country, as well on the other side, the value of Canadian citizenship in particular, and what having citizenship status in Canada looks like to someone who is not from Canada. Also, could he talk a bit about dual nationals? We are one of the few countries in the world that allows dual nationality, which has put us in this particular predicament. I would appreciate it if he could speak to those points.

Citizenship ActGovernment Orders

June 3rd, 2016 / 1:10 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, those are great questions from my colleague. I do not know if I will be able to address all of those points.

Canadian citizenship has incredible value. We work to help Canadian citizens in troubled regions of the world come home, and it is right and important that we should do that. Canadian citizens have access to the many benefits of living in this great country, such as the social services we provide, the ability to come here, to come and go freely, and to be part of the community. Therefore, it is important to me that Canadian citizenship not be viewed by those who acquire it as a transactional good, that it not be viewed purely on the basis of value, but that it be viewed in the sense of a deeper value, that it be viewed on the basis of a person's commitment to the country.

Citizenship should not be used, to paraphrase Kant, as merely a means. It should not be a means to an end. Rather, it should be an end or a goal in and of itself, something that expresses a deep value and appreciation for this place. That is why some of the provisions in the original bill were important. They were ways of affirming that people were intending to make a meaningful commitment to this country, which did not slow down the path to citizenship. In 2014, the last full year that the Conservatives were in government, over 250,000 immigrants became Canadian citizens. Is that not evidence of a successful path to citizenship? It shows that valuing Canadian citizenship does not deter new citizens; it actually encourages them.

Citizenship ActGovernment Orders

June 3rd, 2016 / 1:15 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, I would tend to disagree with the member, on a couple of points. First and foremost, the previous Conservative government was no friend with respect to the whole issue of citizenship and landed immigrants becoming citizens. As the member was not here at the time, I would remind him that we saw huge delays in processing times. There were 80% of those putting forward applications who had to wait well over two years, and for the unfortunate remaining 20%, it could end up being many more years. Also, the expansion of the requirements to become a citizen made it difficult for many people.

The member put on the record that the Conservative Party is saying that if a terrorist is a dual citizen he or she would be deported, and if he or she is not a dual citizen but a Canadian citizen, he or she would not be deported. My question to the member is this. Why does he believe that the Conservative Party supports two-tier citizenship?

Citizenship ActGovernment Orders

June 3rd, 2016 / 1:15 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I will briefly list some numbers that explicitly refute the assertions that the member has made without numbers.

During our term in office, 1.6 million immigrants became Canadian citizens. I am proud of that record. In 2014, 262,625 immigrants became Canadian citizens, which was more than ever before in Canadian history. If we compare the average number of immigrants who became citizens, it was 180,395. That was the average over our term in office, beating out the previous Liberal average of 168,806.

Those are the numbers. If the member wants to make assertions about Canada's performance under the previous government, he should actually back it up with facts, which he did not do.

Citizenship ActGovernment Orders

June 3rd, 2016 / 1:15 p.m.


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NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, it gives me great pleasure to stand and speak on behalf of the New Democratic Party to this important piece of legislation.

During the 41st Parliament, the previous Conservative government brought in Bill C-24 that made a number of changes to the Citizenship Act. The most controversial of those changes, Canadians are well aware, was the change that effectively created two classes of citizens. There was one in which naturalized Canadians, or Canadians who were born abroad but became a Canadian citizen here, were treated differently than a Canadian citizen who is born in Canada. The Prime Minister expressed it quite eloquently when during the campaign he talked about a Canadian being a Canadian being a Canadian. That resonated with Canadians as well. However there are many other parts of that bill that also were seriously flawed and problematic. Many experts pointed out that the bill was in a number of ways unconstitutional and/or did not respect international law.

From a political point of view, the bill was ill conceived. It was conducted in haste, and in many ways proposed changes to the law where there had been no demonstrated problem. It was a repeated attribute of the previous Conservative government to make decisions not based on evidence but based on ideology. Bill C-24 was a classic example of that. The bill turned out to be very unfair, divisive, was ideologically driven, and most important it was unfair.

The NDP opposed Bill C-24 from the very beginning, and we called for it to be withdrawn and amended. We proposed dozens of amendments, all of which were rejected by the previous Conservative government. The bill before us today, Bill C-6, would amend that flawed and very damaging piece of legislation, so the New Democrats are very happy to support this bill at third reading.

Bill C-6 will amend Bill C-24 in a number of ways, but not in all of the ways that we think it ought to be amended. I will cover both of those.

I will start with where it would amend Bill C-24 in a positive fashion.

Bill C-6 will remove the ability to revoke citizenship based on certain specified grounds. It will remove the obligation for a new citizen to declare the intent to reside in Canada. It will restore the length of time that a permanent resident must actually be present in Canada to qualify for citizenship. It will restore it back to the three-year period over five years, from the desire of the previous government, which wanted to expand that to be permanent residents of Canada for four years out of six years. This bill will restore the right to count up to two years of temporary residence before one becomes a permanent resident toward the amount of days that someone has to be resident in Canada to qualify for citizenship. It will eliminate the requirement that an applicant must have been present in Canada for 183 days in four of the last six years. It will remove the requirement for the language and knowledge examinations, which the Conservatives broadened to apply to young people aged 14 to 17, and seniors aged 55 to 64. I will expand on that.

Bill C-6 would also add to Bill C-24 by preventing offenders from counting time served for conditional sentences—that is a sentence served in the community with conditions—toward the calculation of required presence in Canada. That was a very large gap in the bill that the Conservatives missed. Bill C-6 will also give citizenship officials the power to seize fraudulent documents, which is another important provision that would allow our administrators of citizenship to be able to do their job.

This bill, as I said, is not perfect, and we would like to see additional changes. Bill C-6 does not address certain provisions of Bill C-24 regarding the following: the power that Bill C-24 granted to the minister to revoke citizenship based on a paper review with no judicial hearing; and it does not address provisions in Bill C-24 that provided a prohibition on citizenship for people charged with or serving a sentence for a criminal offence abroad, which also has to be an indictable offence in Canada. This bill also would leave in the minister's discretion to privately grant citizenship to individuals, which is another power that the New Democrats do not believe ought to be exercised in such an executive and non-transparent manner.

The New Democrats are pleased to support the bill because it repeals many of the harmful and unconstitutional changes to citizenship made by the previous government. We are disappointed that the bill does not go quite far enough in the ways that I just mentioned and we also point out that the narrow scope of the bill did prevent many amendments recommended by expert witnesses, including the Canadian Bar Association, from being admissible at the committee stage.

The Minister of Citizenship has explicitly acknowledged this and suggested that the Liberal government will need to introduce another immigration bill in the fall to address those shortcomings. We want to encourage the minister to keep his word on that and we look forward to working with the minister as he tables a truly comprehensive bill that will improve the Canadian citizenship process and comprehensively restore proper, sound, and fair law to this very vital part of Canadian political life: citizenship.

I am going to talk about the background to the bill. It was introduced by the Conservative government in February 2014, so essentially within a year or year and a half of the last election. The reason I point that out is that the previous Conservative government tended to act on ideological and political wedge reasons, not on sound evidentiary-based reasoning. We think that the bill was motivated politically as Conservatives tried to speak to a base and intolerance in Canadians by creating wedges between people. I will talk about that in a few moments because we think it is always a very unsound way to create legislation in this place.

At second reading in the last Parliament, the NDP tabled a broad amendment calling on the government to withdraw that bill and we also asked the government to send that bill to committee before completing second reading to allow that bill's obvious flaws to be addressed before continuing debate.

Not surprisingly, the Conservatives refused and despite our opposition, they adopted Bill C-24 without amendment. Bill C-24 received royal assent in June of 2014. Since then, the New Democrats have been asking for the bill to be revoked, especially regarding the provisions that increase the powers in the hands of the minister, including the authority to grant or revoke citizenship in executive fashion without a judicial process, the provisions to eliminate the recognition of time spent in Canada as a non-permanent resident, the parts of the bill that prohibit the granting of citizenship to persons who have been charged outside Canada with an offence, and the provisions that increased the residency requirements and the knowledge and language requirements in the bill.

Once again, the Liberals have addressed most but not all of those issues in this new bill. I am going to drill into some of these important issues. First, let us examine the provision that we support in the bill about repealing the national interest grounds for citizenship revocation. Legislative changes of that former bill that came into effect created a new ground of citizenship revocation that allowed citizenship to be taken away from dual citizens for certain acts against what was described as the national interests of Canada. These grounds included convictions for terrorism, treason, spying offences, and for membership in an armed force or organized armed group engaged in armed conflict with Canada.

The bill repealed those grounds. I want to say at the outset that the New Democrats and I think every member in the House acknowledge the seriousness and unacceptability of those crimes. There is no question about that. Treason, terrorism, spying, acting in a foreign army engaged in conflict with Canada, these are all crimes that I think every Canadian would condemn in the most strenuous way possible.

However, the issue becomes what the proper remedy for that is. What the New Democrats, many members, and obviously the new Liberal government have now acknowledged in the bill is that the proper response to anyone who commits those acts is to be dealt with harshly and appropriately by the Canadian legal system. That is the proper way to deal with citizens, not to strip a citizen of their citizenship rights, which hearkens back to the old medieval concept of a king in the 12th century banishing a citizen from the kingdom as punishment.

That is the kind of spirit that infused the Conservative government with this law. Instead, any person who believes in modern democracy and modern concepts of statecraft, would agree that once people become citizens, they are citizens. Citizens should be dealt with together.

Here is the rub. I have heard the Conservatives say the word “equality” in the House before. They have never been able to satisfactorily explain this to anybody. If a Canadian citizen born in Canada committed a terrorist act, or a Canadian citizen born in Canada spied against Canada or a Canadian citizen born in Canada fought for an armed forces against the Canadian Armed Forces, why he or she would not be stripped of his or her citizenship, but a naturalized Canadian who committed exactly the same act could be stripped of his or her citizenship.

This was the essence of the objection to that provision. It created two tiers of Canadian citizenship. I will stand in the House, and all MPs will stand here, and condemn each one of those heinous crimes, but we will equally stand in this place and say that it is a Canadian value to treat Canadian citizens equally before the law.

I am very happy to see the Liberal government enforce that very important concept.

I want to talk about repealing the intent to reside provision. Since June 2015, adult applicants must declare on their citizenship application, because of the Conservative law, that they intend to continue to reside in Canada if granted citizenship. This provision created concern among some new Canadians who feared that their citizenship could be revoked in the future if they moved outside of Canada. The Liberal government is proposing to repeal this provision, and I congratulate them on that because it is absolutely the right move.

All Canadians are free to move outside of this country and live where they wish. Again, we have another example of discrimination in law by the Conservative government where I, who was born in this country, could move to France if I wanted to and never have to worry about my citizenship being revoked. However, someone who was born in a different country and was naturalized here would have to worry. That is discriminatory. I am glad to see the government repeal that discriminatory provision.

Citizenship ActGovernment Orders

June 3rd, 2016 / 1:30 p.m.


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The Assistant Deputy Speaker Carol Hughes

The member will have about seven and a half minutes the next time this matter comes before the House. It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's Order Paper.

The House resumed from June 3 consideration of the motion that 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.

Citizenship ActGovernment Orders

June 16th, 2016 / 3:35 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I will be splitting my time with the member for North Island—Powell River.

At the Standing Committee for Citizenship and Immigration, I had the opportunity to hear witnesses from across Canada and they offered their expertise on how we could make Canada's immigration laws better.

As a result of those important testimonies, I tabled 25 amendments to Bill C-6, an act to amend the Citizenship Act and to make consequential amendments to another act. Significant amendments were required because Bill C-6 failed to remedy many of the problems created by the Conservatives' Bill C-24.

One gaping hole in Bill C-6 is that it failed to address the lack of procedural fairness and safeguards for individuals facing citizenship revocation. This is because Bill C-24 eliminated the right for an independent and impartial hearing. Furthermore, Bill C-24 also eliminated consideration of equitable factors or compassionate and humanitarian factors that could prevent a legal but unjust outcome.

The system we have defies common sense. How could it be that individuals fighting a parking ticket are afforded more procedural fairness than the person having their citizenship revoked? Yet this is the case.

On June 9, 2014, the minister, while in opposition, stated, “We object in principle to the arbitrary removal of citizenship from individuals for reasons that are highly questionable and to the very limited opportunity for the individual to appeal to the courts against that removal of citizenship.”

Fast-forward to today, the Minister of Immigration, Refugees and Citizenship has further reconfirmed that the lack of judicial appeal and review rights for those in the citizenship process still needs to be addressed, yet this concern was not corrected by the government in Bill C-6. Because Bill C-6 failed to address this, I tabled substantive amendments to ensure individuals who face citizenship revocation have the right to a fair and independent hearing and an appeal process.

If passed, the amendments would have created a system modelled after the current process being applied to permanent residents who are subject to deportation on the grounds of misrepresentation. This system, which uses the immigration appeal division, would not only have provided the rights to an independent appeal process, but is also considered more cost effective and efficient than the old system.

Despite broad support to achieve this goal from experts that appeared at the committee such as the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the B.C. Civil Liberties Association, the Canadian Council for Refugees, Legal Aid Ontario, and others, the narrow scope of Bill C-6 resulted in these important amendments being ruled inadmissible.

I have asked the minister to adopt my amendments in a government bill in the fall and I hope that happens.

In the meantime however, the unfortunate reality is that some individuals currently in the citizenship system faced with revocation will still lack the judicial fairness provided to people in Canada fighting a parking ticket.

On the issue of procedural fairness, Bill C-6 also failed to address the minister's ability to indefinitely suspend citizenship proceedings. The former Conservative government under Bill C-24 added section 13.1 to the Citizenship Act, which permits the minister to suspend citizenship applications and other proceedings indefinitely while additional information or evidence is gathered.

Under this process, someone could literary die before a decision is made about their citizenship application. I know that recent Federal Court decisions demonstrate the need for a statutory time frame for making decisions to avoid inordinate and unexplained delays. Again, I had attempted to resolve this issue through amendment at committee, and again, the narrow scope of Bill C-6 prevented me from doing so, and the amendment was deemed inadmissible.

Another misstep of Bill C-24 was to place all justice systems around the world on equal footing. This was done by barring individuals from citizenship if they have been charged with or convicted with offences equivalent to indictable offences in Canada.

While this might sound reasonable, it is incredibly important to remember that not all justice systems in the world are equal. Most importantly, some countries deal with corruption at various or even multiple levels of the justice and political system, from local police to lawyers and judges to national leaders. This can, and does lead to unjust charges and convictions. In my view, these situations should be reviewed on a case-by-case basis.

In its submission to the committee, the Metro Toronto Chinese and Southeast Asian Legal Clinic wrote:

Implementing additional immigration and citizenship penalties for individuals being charged or with convictions is inherently dangerous in that it leads effectively to situations of double jeopardy—that the individual will be punished once by the criminal justice system and then a second time through the immigration and citizenship system.

There are many countries around the world where rule of law is underdeveloped or completely inadequate, or where individuals are charged and convicted for purely political reasons.

While those appearing at committee used the example of Canadian citizen Mohamed Fahmy as an example of how not all justice systems reach the same verdicts as ours, I would also like to draw to the attention of this House that, in 2001, the House voted almost unanimously in favour of awarding Nelson Mandela honorary Canadian citizenship. Under the current laws, if someone like Mr. Mandela immigrated to Canada, he would have been automatically barred from applying for citizenship to Canada through the regular channels.

At the committee, the issue of minors coming to Canada without parents or legal guardians was highlighted to members as an area of significant concern. Unless applying for citizenship as part of the application with parents or guardians, individuals must be 18 years of age or older to become Canadian citizens. While the government argued that there is already a remedy in place to address this, at issue, as explained by Justice for Children and Youth, is as follows:

Section 5...allows for an applicant to make a request to the Minister on humanitarian grounds for a waiver of the age requirement. ...this humanitarian exemption poses a generally insurmountable barrier for children wishing to access citizenship and is not a reasonable limitation or a satisfactory solution to issues raised by the age requirement provision.... The provision in effect restricts access to Canadian citizenship for children—solely on the basis of age—who otherwise meet all the requirements. It restricts access to citizenship for the most marginalized children, i.e. unaccompanied minors, children without parents or lawful guardians, and children with parents who do not have the capacity to meet the citizenship requirements or do not wish to apply.

My proposed amendment would have provided a pathway to citizenship for youth under 18 years of age without a parent or guardian who is, or is in the process of becoming, a Canadian citizen. Addressing this issue was supported by organizations such as Justice for Children and Youth, the Canadian Council for Refugees, and UNICEF Canada, among others. Unfortunately, the amendment was not adopted by the Liberal members on the committee.

While we are on the subject of minors in the citizenship process, in a brief submitted by Justice for Children and Youth, it was noted that the citizenship process fails to adhere to the principles of the Youth Criminal Justice Act. It states:

Youth criminal justice records and ongoing proceedings before the youth criminal justice court cannot and should not be considered for the purpose of citizenship applications because to do so is contrary to the Youth Criminal Justice Act..., specifically violates the privacy protections afforded to minors by the YCJA, and is inconsistent with the fundamental purpose of the YCJA.

Once again, the narrow scope of Bill C-6 deemed this amendment inadmissible.

On the theme of pathways to citizenship, another issue that was brought in when Bill C-24 was tabled and was not rectified by Bill C-6 is the issue of double-testing in language. There is no doubt that acquiring skills in one of Canada's official languages is an important aspect of building a successful life here. However, under changes made by the Conservatives, the knowledge test of Canada required to obtain citizenship now amounts to a double-testing of language skills.

Prior to the Conservatives' changes, individuals had the ability to take the knowledge test with the aid of an interpreter. Due to the changes, the interpreter is no longer provided, and this amounts not only to second language testing, but to a language test that, as we heard from experts who appeared at committee, is arguably more difficult than the actual level of English or French someone must have to pass the actual language test.

My amendment to address this problem and go back to the old system, which would have been the case had the Liberals followed through on their election promise to repeal Bill C-24, was rejected by the committee. I do think this is most unfortunate, as the current rules only serve to maintain the barriers for the pathway to citizenship.

I am pleased that I was successful in advancing and passing two amendments to Bill C-6, which will now enshrine in the law the duty for reasonable accommodation, ensuring that the citizenship process adheres to the principles of the Canadian Human Rights Act for those with disabilities. This will make disability accommodation a right, not something provided out of mercy or on the basis of compassion, as it formerly was.

My amendment clarifies the requirement of the duty to accommodate those with disabilities as they navigate through the citizenship process. Currently, vague words of required “proof” and discretion around accommodation can lead to individuals, who would otherwise be able to become Canadian citizens, being denied due to a lack of disability accommodation.

There is much more to—

Citizenship ActGovernment Orders

June 16th, 2016 / 3:45 p.m.


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The Deputy Speaker Bruce Stanton

Order, please. The time has expired.

Before we begin questions and comments, I wish to inform the House that because of the deferred recorded division, government orders will be extended by seven minutes.

Citizenship ActGovernment Orders

June 16th, 2016 / 3:45 p.m.


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Liberal

Arnold Chan Liberal Scarborough—Agincourt, ON

Mr. Speaker, I want to thank my hon. colleague from Vancouver East for her contribution at committee and to this debate on Bill C-6, which I think is an incredibly important part of the commitment we made in the last election to roll back what we thought were many of the oppressive elements of Bill C-24 that had been passed in the 41st Parliament.

I would like to ask, given the contributions that my friend from Vancouver East made at the immigration committee with respect to some of those amendments—and I noted that some of her amendments were not accepted by the government—whether the member will still be supporting the overall intent of Bill C-6, including some of the amendments she had proposed that were carried at committee.

Citizenship ActGovernment Orders

June 16th, 2016 / 3:50 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, yes, I still intend to support the bill, although it could have been made a lot better had the government been thoughtful about it and incorporated some of those essential amendments that I had tabled at committee.

The other amendment that the government did adopt at committee was the recommendation to address, in part, the issue of statelessness. Therefore, those who are found to be stateless would actually have some means for a pathway to citizenship on a case-by-case basis. Much work still needs to be done in that area. For example, those who are born second generation to Canadians in some instances will still be deemed to be stateless. That needs to be rectified. Therefore, I am really hoping that the minister, in his oversight in bringing forward those important amendments in Bill C-6, will actually bring forward a new bill in the fall so that we can rectify the many problems that were created under Bill C-24.

Citizenship ActGovernment Orders

June 16th, 2016 / 3:50 p.m.


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NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, first I would like to congratulate my colleague from Vancouver East for not only an excellent speech but obviously a reflection of the work that she has put into this. I always wondered who would succeed Libby Davies, and kind of felt sorry for that person, given the fantastic parliamentarian that she was. However, the people of Vancouver East have managed to find someone who can actually fill those shoes. She brings a great depth of experience here, particularly as a senior provincial cabinet minister.

My question to the member is in regard to something she commented on earlier, which really jumped out at me. If I am correct, it was with respect to permanent residents, although I am not sure of the subject. However, I do remember the comment, which was that, because the bill was unamended as my colleague tried to amend it, in her opinion we have a bill that gives less judicial fairness to applicants than would be given in a parking ticket situation. Therefore, I was wondering if my colleague would expand on that issue because it sounded very jarring.

Citizenship ActGovernment Orders

June 16th, 2016 / 3:50 p.m.


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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I thank my good colleague for those very kind comments. That is very encouraging.

Indeed, Bill C-6 failed to bring forward proper due process for those who face losing their citizenship. In a normal set of circumstances, people who are given a parking ticket or a speeding ticket could appeal that process by going to court. Under this system, with the Bill C-24 changes by the Conservative government and the failure of Bill C-6 to rectify them, those who lose their citizenship would not have the opportunity to appeal this process. That is simply wrong. The Canadian Bar Association and many organizations came forward at committee to say that this needed to be changed. In fact, when Bill C-24 was debated in this House, the current Minister of Immigration, Refugees and Citizenship also said that was wrong.

Therefore, it is a mystery to me how the government neglected to include that important change in Bill C-6. However, that is exactly what happened. I tried to advance a series of amendments related to that. Unfortunately, they were deemed to be out of the scope of Bill C-6, and therefore not before us. However, I did get a commitment from the minister that the government would rectify this, and I look forward to it bringing forward a government bill in the fall to adopt those amendments I tabled at committee.

Citizenship ActGovernment Orders

June 16th, 2016 / 3:50 p.m.


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NDP

Rachel Blaney NDP North Island—Powell River, BC

Mr. Speaker, I want to take this opportunity to thank my hon. colleague for all of her hard work and dedication. It is a wonderful thing to work with people who are so dedicated to making a difference and looking after these issues that are so important to the people we serve.

I am glad to rise in the House and speak on Bill C-6, an act to amend the Citizenship Act.

As a former executive director of an immigrant-serving agency in my riding, I want to convey to members here the sense of betrayal that the former Bill C-24 had on our sector and on the people we served.

In my role as executive director, I spoke at many citizenship ceremonies and worked with people as they prepared for their citizenship here in Canada. I was constantly overwhelmed by the immense sense of pride and dedication people felt as they prepared and finally became Canadian. It was events like this that really made me the proudest to be a Canadian citizen.

However, Bill C-24 created a second class of citizen. In fact, it institutionalized systemic discrimination. It was a bill that was so unconstitutional that it had no place in our democratic foundation.

Under the Charter of Rights and Freedoms, all Canadians are equal. It will be good to see this idea begin to be reflected in our legislation again. As our leader said in the 2015 campaign, “...a Canadian is a Canadian is a Canadian”.

During the last election, the NDP promised to repeal Bill C-24, and I thank so much again my colleague from Vancouver East who worked so hard to really make that happen. I was very sad when all of those amendments were not heard.

Bill C-6 in its current form aims to rectify these missteps, but the bill does not do it entirely. After reflection, I am mindful that the bill is not ideal but it will repeal some of the harmful and unconstitutional changes to citizenship made by the previous government. Therefore, I will support its passing in the third reading.

While this is a step in the right direction, there are also many challenges that remain for immigrants. We call on the government to take urgent action on lengthy wait times and huge backlogs, on family reunification, and on the barriers to citizenship that still remain in place.

In the last session of Parliament, the NDP firmly opposed Bill C-24. We called on the Conservatives to withdraw it from the very beginning, but the Conservatives refused to listen.

While some of the changes implemented by the former bill were, in some cases, overdue and addressed some of the deficiencies in the system, others were so draconian that Bill C-24 was widely opposed by respected academics and experts in the field of law, including the Canadian Bar Association, the Canadian Association of Refugee Lawyers, Amnesty International, the Canadian Council for Refugees, and UNICEF.

During the time of canvassing across my riding, and in the work I did previously, I met many members of the communities I served. I heard stories of people who were choosing to not venture toward becoming citizens, because they were very hurt about this second class of citizenship, and many parents were very concerned for their children.

One parent told me that his children had dual citizenship. He was choosing not to get Canadian citizenship, but he had married a Canadian woman and they had children who had both the citizenship of his first country and hers. Now he is worried about how much their Canadian citizenship actually means. He said to me that his children live here, that they will be raised here, and that this will be the only country they will ever know as home. What if they do something and Canada decides to take away their citizenship? Where will they go?

Other people said to me that it felt as if the government did not want them to become a citizen. They felt that they were a potential risk simply because they were born in another country.

These stories illustrate the real fear that people are feeling and the total disregard for their dedication to this country of Canada.

Bill C-6 begins to make some of those changes, but it still leaves that hesitancy. It still has so many barriers to citizenship. It still provides too many things that create fear for members.

I hope the government will listen and make the amendments in the fall that my hon. colleague suggested. Let us move forward in a positive way in this country.

I am glad that these provisions will no longer be law. Nevertheless, I am disappointed that Bill C-6 does not go far enough. It would still allow the minister to revoke someone's citizenship without the right to a judicial hearing. No matter how good their intentions, ministers simply should not have secret discretionary powers.

Prior to Bill C-24, individuals who were accused of fraud and risked having their citizenship revoked could request a hearing before a Federal Court judge. A final decision would be made by the Governor in Council. Bill C-24 allowed the minister to make a decision based on a review of paperwork, with no right to a judicial hearing. The Liberals' failure to address this feature in Bill C-6 means that there may still be a constitutional challenge to the Citizenship Act.

The NDP believe that a citizen facing revocation should always have the right to a hearing before an independent and impartial decision-maker as part of a process that considers humanitarian and compassionate factors.

I remember that the Prime Minister, during the campaign, talked about decentralizing the powers purposely accumulated in the PM's Office. The last government concentrated power in its different omnibus legislation. What happened to the right to a hearing and to due process?

In my last job, I served many newcomers to Canada. Some of the stories I heard were sad, and the commitment to becoming Canadian, in a country seen as free and inclusive, was tangible. The fact that the minister had the power to give or take away citizenship was a level of power that many people came to Canada to escape. Having a fair, transparent process is absolutely imperative.

When the bill was studied at the Standing Committee on Citizenship and Immigration, New Democrats proposed a total of 25 amendments. Only two of them were eventually passed, and I am so grateful that they were: the duty to accommodate for individuals with disabilities, and adding statelessness as a factor to be considered when granting citizenship based on exceptional circumstances. The remaining amendments were voted down and the Liberals did not give a reasonable rationale for opposing them.

The Liberals need to do more. The Minister of Immigration, Refugees and Citizenship has repeatedly acknowledged the considerable shortcomings of his ministry. He promised to take action on the long wait times, but we have still not seen a concrete plan.

Now that this legislation is at third reading, let us start to have this discussion in terms of how to reform it correctly.

The minister should disclose the reasoning for and the frequency of discretionary grants of citizenship. There must be action on cleaning up the mess at Immigration, Refugees and Citizenship Canada, including speeding up family reunification, putting an end to lengthy backlogs, removing the cap on parent and grandparent sponsorship, and speeding up processing times for immigration and citizen applications, especially in light of the high fees paid by applicants who receive very poor service in return. The challenges I faced in my last job would have tested the patience of any normal human being.

The narrow scope of Bill C-6 prevented many amendments recommended by expert witnesses, including the Canadian Bar Association, from being admissible at committee stage. The minister has acknowledged this and suggests that the Liberals will need to introduce another immigration bill in the fall to address these shortcomings. I certainly hope to see it.

I would like to conclude today by urging the minister to work with us to table a truly comprehensive bill that will improve the Canadian citizenship process. It needs to happen, and it needs to happen soon.