Bill C-6 (Historical)

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

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.

Citizenship Act

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I have been hearing the same arguments since this discussion began. The government plans to solve the problem of terrorism by putting terrorists in prison. I would not be surprised to hear the members opposite tell us that they are going to gather up all the terrorists and put them in prison in order to solve the problem. Those are their sunny ways, but things do not work like that.

We are not talking about just any crime. We are talking about terrorism and treason committed by people who want to attack Canadians and their values. That is their specific goal. I do not see what is wrong with saying that these people are not real Canadian citizens. They do not want to be Canadians. People who want to become Canadians are people who want to share Canadian values, values of openness. They are not people who want to attack everyone.

[Ben Lobb, Conservative, Huron—Bruce, ON]

Mr. Speaker, I noticed this morning that the Liberals and the NDP are talking about one small component of this bill. That makes me think they do not feel very good about the rest of the bill, primarily the requirement about living in the country for at least 183 days 4 out of 5 years, and filing an income tax return. Also, they are going to repeal the intent to reside provision. I think most Canadians would expect that to be a basic threshold.

Could the member comment on that, because it seems as if the Liberals and the NDP really do not want to talk about that today?

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I completely agree. People who want to become Canadian want to contribute to the country. In my riding, we enjoy welcoming people and love having them move to our area. There are not very many immigrants in my riding of Mégantic—L'Érable because the town is not very big. However, the immigrants who do move there have talents and skills that we want to make the most of. People who want to come to Canada want to stay here. The requirements were completely reasonable, and I do not see why anyone would want to come here only to leave again. It is therefore legitimate to have some kind of minimum. In that regard, there was nothing wrong with Bill C-24.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, I would like to begin by outlining my family history to some degree. My grandparents both immigrated from the Netherlands separately and were married in Canada. They went on to produce a large family of 10 children. I have over 80 cousins from that set of grandparents. They have been a very productive Canadian family.

I would like to thank and recognize in particular two of my aunts who worked tirelessly on my campaign. I would not be standing here today without their help, that is for sure.

I rise today to discuss the integrity of some of the proposed changes to our Citizenship Act. The previous Conservative government brought in Bill C-24, the Strengthening Canadian Citizenship Act. The measures enacted in Bill C-24 reinforced the value of Canadian citizenship and gave us a means to protect our country and citizens by revoking citizenship of dual nationals convicted of terrorism, high treason, and certain spying offences, or who have taken up arms against Canada.

A NRG poll of over 1,000 Canadians showed that 83% of Canadians and 85% of immigrants to Canada supported revoking citizenship from convicted terrorists. Many groups representing new Canadians endorsed the bill as well.

We believe that new Canadians enrich and strengthen our country. Their experiences and perspectives as immigrants strengthen an important part of who we are as a nation. They are the strength of our nation's future. We want newcomers to Canada to have every opportunity to succeed and to have opportunities for economic success.

A constituent of mine, Ray Galas, a hay farmer from northern Alberta, called me yesterday. He wants the government to focus on the economy so that newcomers arriving in Canada have every opportunity to contribute to our great country. A strong Alberta makes a strong Canada, a place for all to succeed.

We also want newcomers to experience many of our freedoms. All the new Canadians agree that we want to experience safe communities. Dual nationals convicted of terrorism erode the public safety we all cherish.

There are choices when it comes to penalizing dual nationals who are convicted of terrorism. One of them is jail. Revoking the right of citizenship is a penalty that fits the crime. The legislation that the Liberals seek to repeal allowed Canada to revoke the citizenship of the convicted terrorist Zakaria Amara, a member of the Toronto 18 . Members may remember that Mr. Amara was sentenced to life in prison after admitting to his role in the plan to attack sites in Toronto. He was convicted of knowingly contributing to a terrorist group for the purpose of enhancing the ability of the group to carry out an act of terror.

In 2007, Canada revoked the citizenship of two Nazi war criminals, enforcing the principle that Canada will not be a safe haven for anyone convicted of war crimes, genocide, or crimes against humanity.

The Liberals want to strike down this law. Canadian citizens have a responsibility to embrace Canadian values. A part of this responsibility that we all share as citizens is the special responsibility for the preservation of the principles of democracy and human freedom. These are cornerstones of our nation.

We are a law-abiding, generous, and compassionate country. The measures in the Strengthening Canadian Citizenship Act were enacted to better protect our country and better combat the ongoing threat that countries worldwide are grappling with. Most of our peer countries have similar legislation in place.

I would point out that Bill C-6 is the Liberals' first bill dealing with immigration and public safety. It is extremely worrying that under this legislation, dual national citizenship cannot be revoked for the commission of an act of terrorism, but can be revoked for fraud. We are concerned about the Liberals' lack of focus. The ability to revoke the citizenship of dual nationals who are convicted of terrorism and similar offences is a sound, good, and commonsense law. It is law that helps to maintain the integrity of Canadian citizenship. We do not support the Liberals' attempt to weaken our country. We will continue to push to keep our country one of the best countries in the world.

Another component that concerns me is the removal of the requirement for an applicant to continue to reside in Canada if granted citizenship. The intention-to-reside provision likely does not restrict the mobility rights guaranteed under the charter. What it does do is reinforce the expectation that citizenship is for those who intend to make Canada their permanent home. This is not an unreasonable expectation. We want to ensure that citizenship applicants maintain strong ties to Canada.

There is a reason that Canadian citizenship is the most sought after citizenship in the world. We have a reputation as one of the best places to live, a place where jobs, security, hope, and freedom are available to all. Every year we receive thousands of applications from people who want to live here. We hope that those seeking Canadian citizenship intend to bring their personal experiences and contributions to our nation, just as many of the preceding immigrants did during the course of our nation's history.

The sum of our experiences has made us a better country. We hope that future immigrants will also contribute to our nation and enrich our country by residing here. It is disappointing that the Liberals have chosen to focus on the intent-to-reside provision when there are more pressing issues facing us in immigration, such as the shortage of applications from skilled labour immigrants.

There is another component of Bill C-6 that gives us cause for concern. That is the provision that reduces the number of days during which a person must be physically present in Canada before applying for citizenship. Currently, the physical presence requirement is fulfilled if an applicant resides in Canada for only 183 days in four out of six years prior to making a citizenship application. The Liberal government proposes to change the physical presence requirement to three out of five years before the date of application.

The Conservative Party believes that stringent residency requirements promote integration and a greater attachment to Canada. We are opposed to any provision that weakens the integrity of Canadian citizenship, and we recommend that this component be struck from the bill.

Another component of Bill C-6 seeks to prevent applicants from being granted citizenship while serving conditional sentences, or allowing such time to count towards meeting the physical presence requirements for citizenship. We agree that these measures are reasonable and we support this component of the bill.

We also support the provision that all applicants must continue to meet the requirements of citizenship until they take the oath, regardless of when their application was received.

The Conservative Party believes that the strength of our nation lies in the strength of our citizens. Gaining citizenship by means of fraud undermines our nation and leaves us vulnerable. We support the component that gives citizenship officers the authority to seize fraudulent documents provided during the administration of the act, including during in-person interviews and hearings. The integrity of our Citizenship Act is not something we can take for granted.

If we allow dual nationals who are convicted of terrorism to remain Canadian citizens, we weaken our public safety. If we reduce the number of days during which a person must be physically present in Canada before applying for citizenship, we weaken integration within Canada.

In closing, we will examine the bill in detail, but we are extremely concerned about these changes.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am following this debate closely.

It is important to remember that all citizens are equal before the law. I do not understand why the Conservatives insist on staying the course. Many experts, including the Canadian Bar Association, the Canadian Association of Refugee Lawyers, Amnesty International, the Canadian Council for Refugees, and the Barreau du Québec, have said that this law violates the Canadian Charter of Rights and Freedoms and is probably unconstitutional.

Why do the Conservatives insist on keeping this bill, which was truly harmful? I want to commend the Liberals, who have finally adopted our position that the same laws should apply to everyone. This is a step in the right direction, but there is still work to be done.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, it appears that the member asking the question is concerned about the revocation of citizenship, which is indeed very serious. When we are revoking the citizenship of a fellow Canadian, it is something that we definitely take seriously.

However, we already have two other instances that have allowed the revocation of citizenship in the past, cases of fraud and the commission of war crimes. If we were worried about revocation, he would be advocating that we would not revoke anyone's citizenship.

One of the other key words in his question was the word “probably”. He said that the Canadian Bar Association said it was probably unconstitutional. I will repeat my fellow colleague's concerns earlier that this has never gone before the courts, so when he states this is probably unconstitutional, he is being completely speculative.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I thank my colleague for his excellent speech and the excellent work he does.

I would like to talk about the previous government's experience.

We have heard so much misinformation from the other side about the government's record. We know that under our government, we had the highest sustained immigration levels in this country's history. We also demonstrated a strong respect for diversity. When we were in government, we had the most diverse caucus at that time in Canadian history. Yet the government is running away from talking about the provisions of the bill and simply wants to repeat over and over again the importance of diversity, which is not a subject on which we disagree.

Could the member highlight our record in government and why it is important that diversity be attached as well to common shared values.

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, diversity is definitely one of our strengths in Canada. When we go anywhere in Canada, we will find people who have come from every part of the world.

In the northern part of my riding in Alberta there are significant French-speaking communities. I have a large community with a German background in another section and I also have a large Muslim community in Slave Lake. It does not matter what part of Canada we come from: we have a diverse population, and it is our shared heritage.

It is great that we can attract people from around the world to bring their strengths to our country, and also their cuisine. That is one of my favourite parts of this diverse nation. We can go down the street and eat food from around the world.

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I thank my colleague for his speech.

I would like to know whether he is concerned about the fact that the Conservatives' bill created two classes of citizens: those who could lose their Canadian citizenship and those who, like me, have only Canadian citizenship and could not be subject to the type of punishment found in Bill C-24.

Does the member think it is right that there should be two classes of citizens?

[Arnold Viersen, Conservative, Peace River—Westlock, AB]

Mr. Speaker, there are not two levels of citizenship in Canada. Canadian citizenship is Canadian citizenship. What we are concerned about is people who take violent actions against our country. These people have not demonstrated that they share Canadian values, and we are saying that they were never Canadian if that is what they are willing to do.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Mr. Speaker, it is a great honour and pleasure to rise in the House today to speak about the government's plan to repeal provisions in the Citizenship Act. As this is a concern relating to citizenship, which is so central to Canadian identity, and matters of immigration, which are essential to the Canadian story, it is especially an honour for me, as the son of immigrants, to be here today.

Mr. Speaker, I want to also mention that I will be sharing my time with the member for Davenport,

As the provisions only apply to Canadians with dual or multiple citizenships, they contribute to the creation of a two-tiered system. It is unacceptable in a democratic society that dual or multiple nationals are vulnerable to losing their citizenship.

This is a point that was raised time and again by stakeholders and private individuals when the previous legislation, Bill C-24, was first introduced.

Groups were as varied as the Canadian Bar Association, the British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers, the Ontario Council of Agencies Serving Immigrants, and Amnesty International. I would like to quote a few of these concerns.

David Matas of B'nai Brith, who testified before the House of Commons Standing Committee on Citizenship and Immigration stated that:

We should not be revoking the citizenship of Canadians for crimes committed after the acquisition of citizenship, no matter what the crime.

I want to emphasize that point that Mr. Matas made.

I will continue with his quote:

Once a person becomes a Canadian citizen and commits a crime, then he is our criminal. We should not pretend otherwise.

Barbara Jackman, speaking on behalf of the Canadian Bar Association, stated before the same committee that:

For people who are born here and who have grown up here, it can result in banishment or exile.

She went on to observe that we punish people through the criminal justice system.

In its submission to the Standing Committee on Citizenship and Immigration on Bill C-24, the Ontario Council of Agencies Serving Immigrants stated that, in its view:

Treating dual citizens differently is discriminatory and violates the fundamental principle that all citizens are equal. Citizens should not face different consequences for committing the same crimes. Creating separate rules for dual citizens creates a two-tiered citizenship, with lesser rights for some citizens.

These are just a few of the many examples of organizations and individuals publicly expressing their view that the revocation measures created two different kinds of citizenship.

Many of my constituents in London North Centre have told me that this is unacceptable. I heard it throughout the election campaign, and I have heard it since. There is great support for this bill in London North Centre. My constituents want all Canadians to be treated fairly and with a high level of respect. London, Ontario, was built on immigration, and many Londoners hold dual or multiple citizenship. These are extremely proud Canadians who value and respect this beautiful country. We have an obligation to be fair and respectful to them, as well.

Our government has listened to these concerns and Bill C-6 clearly addresses them.

No government should ever have the ability to take away an individual's Canadian citizenship. Any Canadian who commits a crime ought to be punished. There is no debate on that point, at all, on this side of the House and, I am happy to say, with my hon. colleagues in the NDP.

However, the revocation of citizenship crosses a line that we must never accept. Without citizenship, the rights and equality we all enjoy become meaningless. Canada is a country that prides itself on solid democratic principles and foundations and is an example for other nations. However, playing fast and loose with the definition of citizenship is a very slippery slope and inevitably calls into question our leadership in this area.

I again point to the importance of my constituents. I am here to represent them and I want to reference what I have heard on the ground, as their MP.

I have heard loud and clear from my constituents in London North Centre that fair treatment of all Canadians and dedication to the principles of democracy, tolerance, and equality are what they expect in their elected officials and, more than this, in the Government of Canada.

I would also like to add that, while this position reflects my stand and that of our government, it was a former Conservative prime minister, John Diefenbaker, who held this view, and I am glad to continue that point in the debate that will follow, I assume.

By introducing this bill, we are taking concrete steps to return to a system where all citizens are treated equal, regardless of whether they are dual or multiple nationals. This is a commitment my party made before forming government, and we are following through now. This is a matter of principle and fundamental values for us. There should be one tier, only one tier, of Canadian citizenship.

I have no doubt that members in the House are concerned about security, and I want to turn to that point now for a moment. I can assure all of them that we remain unwavering in our commitment to protect the safety and security of Canadians. Canadians convicted of treason and terrorism will be dealt with through our justice system. As the Minister of Immigration, Refugees and Citizenship has stated, we have courts and prisons in Canada, and offenders will not go unpunished.

As well, there are measures in place before someone becomes a citizen. A person may be denied a visa or other travel document, refused entry to, or removed from Canada for security reasons or criminal activity, preventing him or her from becoming a citizen. Furthermore, prohibition grounds in the Citizenship Act remain in effect, barring individuals convicted of certain offences or engaged in activities against the national interest from acquiring citizenship in the first place.

Moreover, repealing the national interest grounds would not affect the ability to revoke citizenship where it was obtained fraudulently. The minister would continue to have authority to revoke citizenship in basic fraud cases. Furthermore, the Federal Court would continue to have authority to decide on cases where the fraud is in relation to a fact regarding security, human or international rights violations, or organized criminality. The ability to revoke citizenship where it was obtained fraudulently has been in place since the first Canadian Citizenship Act came into force in 1947, and it will continue to be in place.

Three additional proposed amendments included in this bill would further enhance the integrity of the citizenship program. The first is to include conditional sentence orders in the prohibitions provisions. The second is to ensure that the need for applicants to meet citizenship requirements, from the time their grant of citizenship is approved to the time they take the oath, applies to all applicants. The third would provide authority for the minister to seize documents that are fraudulent or are being used fraudulently when provided for the administration of the Citizenship Act.

As we have emphasized, Canada's commitment to diversity and inclusion is an essential, powerful, and ambitious approach to make Canada and the world a better and safer place. A Canadian is a Canadian, and that must never change.

Bill C-6 would bring us closer to putting this principle into action and to remaining the open, tolerant, and diverse country that we have been throughout our history and, I hope, we will continue to be.

[Bill Casey, Liberal, Cumberland—Colchester, NS]

Mr. Speaker, I want to commend the member for London North Centre on his remarks. I know he is well qualified to talk about this issue and he has a genuine interest in safety, justice, and security for all Canadians. He has worked tirelessly on several different aspects, and I credit him for that, and I applaud him.

He recently tabled a private member's bill on non-state torture. I wonder if he could tell us if there is any connection between his private member's bill and Bill C-6. Maybe he could also tell us a little about his private member's bill, how we might apply that here and support it, and if there are any connections and parallels.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Mr. Speaker, I appreciate the opportunity, and I thank my hon. colleague.

My private member's bill, Bill C-242, proposes an addition to the Criminal Code of a charge of inflicting torture. We do have a charge on the books now as it stands in our Criminal Code, which is a torture offence that applies to acts of torture carried out by state officials, but there is no offence in our Criminal Code that would recognize equivalent acts carried out by private individuals operating in the private realm, who are not state officials. This has happened in the past, and there are many instances and examples.

The bill I have proposed is a measure to boost the public safety of Canada, but also to do so in a way that underlines human rights principles and enshrine those further in the Criminal Code of Canada. When we protect human rights, we increase public safety.

The UN Universal Declaration of Human Rights, in article 5, condemns torture. Our Criminal Code condemns torture but only in part, and it needs to go one step further.

I thank my hon. colleague for allowing me to sum up the bill for colleagues who might not know about it at this stage.

[Anne Minh-Thu Quach, NDP, Salaberry—Suroît, QC]

Mr. Speaker, I would like to say that my NDP colleagues and I are very pleased that the Liberals introduced this bill because, from the beginning, we were strongly opposed to the Conservatives' Bill C-24, which created two classes of Canadians among immigrants. It contained many harmful and probably unconstitutional measures.

However, there are still many things that need to be improved. Do the Liberals plan to reduce fees for families in their next budget? For a family of four, for example, the fees are now almost $1,500. That decreases opportunities and makes it more difficult for immigrant families to become Canadian citizens.

[Peter Fragiskatos, Liberal, London North Centre, ON]

Mr. Speaker, in this party we believe in public consultation. The Minister of Finance, along with the Parliamentary Secretary to the Minister of Finance carried out many consultations throughout the country. Individual MPs, including me and my colleagues around me, carried out these consultations in their own ridings. We have presented reports to the Department of Finance and to the Minister of Finance in particular, and these will be reviewed.

I thank my hon. colleague across the way for raising this issue. It is a matter that deserves scrutiny and I am sure will be looked at, but this is all part of the process. We are listening to Canadians and colleagues across the way, and these suggestions will certainly be reviewed.