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.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair, and thank you to the minister and his officials.

On the language issue, as the minister knows, Bill C-6 maintains the requirement for citizenship applicants to pass a knowledge test about Canada and one of the two official languages. For anyone who has taken the standardized test, even in their first language, these tests can often be confusing because the wording or the questions could sometimes be tricky for people. For many new Canadians, this could reasonably be considered as double-testing because they have to go through the testing twice and not necessarily a true representation of the individual's ability to function or succeed in Canada. I can name many examples where people have succeeded and may not be able to pass this test.

I'm wondering whether or not the minister would be amenable to amending Bill C-6 with changes around the language proficiency requirements so that the issue of double-testing could be eliminated.

[Shaun Chen, Liberal, Scarborough North, ON]

Okay.

Bill C-6 also allows time spent in Canada as a temporary resident to count towards the residency requirement for citizenship. Periods of temporary residence had been eligible prior to Bill C-24 as well. Before the provisions excluding time as a temporary resident came into force, approximately what percentage of citizenship applicants included periods of temporary residence in their application?

[Shaun Chen, Liberal, Scarborough North, ON]

Thank you, Mr. Chair, and thank you to the minister for being here with our committee today.

I know that in Bill C-6 there is a change in terms of the language requirements and the ages to which they apply. I can share that in my riding of Scarborough North there are many new immigrant communities. I've heard the concerns from families that elders and grandparents find it difficult. Under the new rules, the age requirement would see that those between 14 and 17, and between 55 and 64, no longer need to fulfill the requirements that were set by the previous government.

Can the minister explain the rationale for this decision in light of the context that new Canadians are expected to master one of the official languages?

[Catrina Tapley, Assistant Deputy Minister, Strategic and Program Policy, Department of Citizenship and Immigration]

Thank you, Mr. Chair.

Sometimes in a meeting I would joke on a legal question that I'm not a lawyer and I don't even play one on TV. I think I'll start by saying that I am not the minister and I am not going to play him on TV.

I do have a few opening remarks. These aren't his. Perhaps it would be helpful for the committee if I give a quick overview of what's in Bill C-6 and highlight some of the key elements of Bill C-6, the changes to the Citizenship Act.

The first is repealing the national interest grounds for citizenship revocation. These are legislative changes that came into effect in May 2015, which created new grounds for citizenship revocation that allowed citizenship to be taken away from dual citizens for certain acts against the national interest of Canada. This bill repeals those provisions.

This bill also repeals the “intent to reside” provision. Since June 2015, adult applicants must declare on their citizenship applications that they intend to continue to reside in Canada. Bill C-6 repeals that provision.

Other things in Bill C-6 include reducing the length of time someone must be physically present in Canada to qualify for citizenship. To use the vernacular, we've gone from four of six years to three of five years. To be more precise, the time required to be spent in Canada for citizenship for adults goes to three years, or 1,095 days, from the former or current 1,460 days.

I will stop now, Mr. Chair.

[The Chair, Liberal, Borys Wrzesnewskyj]

Good morning.

Pursuant to the order of reference received by the committee on March 21, 2016, the committee will now proceed to the consideration of Bill C-6, an act to amend the Citizenship Act and to make consequential amendments to another act.

The minister should be with us shortly. However, senior department officials are here to discuss the implications of Bill C-6, and I invite Ms. Tapley to proceed with any opening comments she may have.

Income Tax Act

[The Speaker, Liberal, Geoff Regan]

It is Bill C-2 and if I said Bill C-6, I apologize, but I do not think so. The vote is on Bill C-2.

I declare the motion carried.

Accordingly, the bill stands referred to the Standing Committee on Finance.

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

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I hate to interrupt votes for clarification, but I thought we were voting on Bill C-6. However, I heard you call Bill C-2 and I do not want to vote the wrong way. I just want a clarification.

Citizenship Act

[The Speaker, Liberal, Geoff Regan]

The House will now proceed to the taking of the deferred recorded division on the motion at the second reading stage of Bill C-6.

The House resumed from March 10 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 second time and referred to a committee.

[Kennedy Stewart, NDP, Burnaby South, BC]

Mr. Speaker, this has been a great debate today. I have enjoyed listening to both sides of the House, where there seems to be quite a polarity between the Liberals and Conservatives, but the debate nonetheless has helped me reflect on the idea of what a citizen actually is and what is citizenship.

It is a very ancient concept, perhaps developed by the Israelites, but really made famous by the Greeks who expanded the idea of what a citizen is. It used to be that we organized ourselves. Humans were not very mobile and we lived in the same spots most of the time. We organized ourselves first by family and then by clan. Whom we were loyal to and whom we conceived ourselves to be was really the people in our immediate area.

However, once society started to expand and urbanize, which the Greeks were a great example of, all of a sudden it brought us into contact with different people who were not from our family groups, not from our clans. What developed as a result was the idea that we are something outside of ourselves. We could conceive of the idea that it was not just about us and our families, that not only could we co-exist with other groups, but we could believe in this broader group as something bigger than ourselves. That is really where the idea of citizenship began, as we began to think of ourselves as a group beyond our family members.

Along with that came the idea of defining what a citizen is. The safest way in ancient societies was to give citizenship to the most powerful people to make sure that males who were born in a particular area were given exclusive rights to citizenship and no one else. That eliminated women, slaves, and visitors from other places, so it was a very exclusive domain, this idea of who a citizen was.

What was important about that aspect of citizenship was that Greek males started to travel. Citizenship was important because they would be Greek citizens regardless of where they were in the world. Once people started to gather in urban areas and started to travel and explore, the idea of citizenship became even more important. A Greek male who travelled far away could always think in his head that he was a citizen of Greece. That was something beyond himself. It is not that he was a member of a particular family, but a citizen of Greece, and that was something important to him. It is something he would defend and try to contribute to.

We are in a parliamentary assembly now. The Greeks were famous for their parliamentary assemblies. Indeed, they not only expanded the idea of citizenship, but also started the first democracies. That is where they would debate who a citizen was, who would be included, who would be excluded, which is what we are doing here today. We are talking about what a Canadian citizen is.

Often we are caught up here with our partisan hats on, thinking about how this would benefit our own party and other parties, but I would really like us to pause and think about what we are doing here in this debate and will be doing at committee when the bill is passed. We will be having the same discussion that has been had in other assemblies. It will be about what a citizen is and how we define who we are. That will in turn will show the rest of the world how we think of ourselves and what kind of example we are providing to other people. This is a very important debate we are having because it sets the tone of how Canada is perceived worldwide.

Citizenship is actually codified by rules that give us privileges and responsibilities, but also gives us a sense of ourselves that is outside of our normal day-to-day living. We are all proud to be Canadians here, and I think a lot of people in the world would like to be Canadian, whereas others are very proud of their own nationality and will retain it. Furthermore, in some situations in Canada, we do not make people trade in their other identity, but allow them to become dual citizens. That is how our country works and it has worked very well. It is not the same in all countries. Some countries make people revoke their citizenship from another country.

What it really says is that Canada is an open place where one can come from afar, go through the rules, and become a citizen without having to jettison one's other identity. I think that is what makes Canada very strong.

My riding of Burnaby South, I would say, is one of the most diverse communities in the entire world, with over 100 languages. Most folks are from afar. We have a core group of folks of European descent who have been in Burnaby for 100 years or so, and now we have citizens from all over the world and a large population of refugees. They have come to Canada and are trying to move their conception of who they are to who they are going to be.

This is why we have to make sure that we get it right here and make it clear what it means to be Canadian. It is also why I so disagreed with the debates we had in the last Parliament, because they all came down to a very small part of what being a citizen is. It is important how we deal with people who are terrorists, but the focus on that clouded the idea of what citizenship is in Canada. I think what we need to do in this debate is clarify for both new and old Canadians what citizenship means to us.

Everyone thought Canadian citizens were equal, but then all of a sudden we had this whole discussion of whether or not citizenship was two-tiered, and whether someone could have their citizenship removed, which seems like an alien concept for people. If one is a citizen, either one has been born here to Canadian parents or one has moved here from another country and has gone through a series of very rigorous steps to gain citizenship. The state is totally in control of that process. The very apt government officials at Citizenship and Immigration Canada move recent immigrants to become permanent residents and then citizens, and these people are put through rigorous screens.

However, I have not really been getting an answer from the Liberals why they have retained in Bill C-6 the idea that a minister can revoke someone's citizenship without any kind of judicial review. I asked the parliament secretary that. If someone gains citizenship through fraudulent means, then their citizenship can be revoked, but I think that represents a failure on our part. If we fail to screen people properly and they gain citizenship by fraudulent means, that is a failure on our part, and I do not really count that person as having been a citizen to begin with.

If we move aside someone who has received citizenship fraudulently, under what other circumstances would we ever remove someone else's citizenship? Why does the minister need this power to remove someone's citizenship without judicial review? I have yet to hear an answer from the other side to that question. I am hoping that maybe in the question and answer period we can have a response from the other side as to why that is the case.

I think the effect is that it is still unclear as to how our citizenship is protected by law. For every other case of law-breaking in the country, we have to go through a proper judicial process protected by the charter. All Canadians feel confident in that. However, to me, this clouds the idea of what a citizen is and leaves a shadow of doubt as to whether citizenship is protected.

I have to say that I am glad that the new Liberal government has decided to allow graduate students here to speed up their application to become citizens. I know the U.S. is moving in that direction as well, and I am deeply worried that we will lose very talented students because we have restrictions on their becoming Canadian citizens.

This is something I am very proud to support and will be voting in support of the bill.

However, I am hoping that as we get to committee, we will try to clarify this whole issue of why the minister can revoke citizenship without judicial review.

I see that I am out of time.

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

Mr. Speaker, I enjoyed my colleague's speech, particularly the story of her family's arrival in Canada.

This morning, in my speech on Bill C-6, I said that I have tremendous admiration for parliamentarians from all walks of life. Here in the House, we have more opportunities to meet people than we do in my riding, which is in a part of Quebec where there are fewer people from many different cultures.

My colleague said a lot about the importance of immigration and inviting people to Canada. She did not, however, say anything about terrorists.

When her parents came to this country, they intended to live here, to participate in and contribute fully to Canadian society, and they should be very proud that their daughter is now sitting in Canada's Parliament.

That is not at all the same as what the government wants to do with Bill C-6. It would restore citizenship to people who do not share these values and have no desire for their children to do something like become a member of Canada's Parliament.

Can my colleague comment on that situation, on that change of heart? When people want to come to Canada, they want to be Canadian; they do not want to destroy this country.

[Ruby Sahota, Liberal, Brampton North, ON]

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-6 and to its provisions that would help provide greater flexibility for applicants trying to meet the requirements for citizenship and help immigrants obtain citizenship faster.

Bill C-6 proposes to help those Canadians who desire to work for companies that require travel as a part of their job description. I am sure the House would agree that in this ever-changing economic climate, it is essential for us to help those who reside in Canada and who want to become Canadians. As Canadians, we desperately need them to join us. That new generation of immigrants can continue to help build our country so it may remain one of the best places to live in the world.

We must also allow our people to be gainfully employed. I have had several people in my riding who are frustrated with not being able to work for companies that require them to travel and still have the ability to become citizens of our country, which would help them build a successful life in Canada. I am sure we can all recall situations where people have come to our riding offices wanting to work for these companies, wanting to be employed, and wanting to be Canadian citizens. We must help them.

Under the renewal process in place now, it takes s a lengthy time for people to renew their PR cards that allows them to travel around world. We want to encourage diversity and take steps to ensure that the path to citizenship is flexible and fair. However, we also want to encourage Canadians to take pride in obtaining their citizenship.

The Prime Minister and the Minister of Immigration, Refugees and Citizenship have been clear from the outset. Flexibility and diversity is crucial to our future as a country and in what we offer the world. We know from decades of experience that immigrants who become Canadian citizens are likely to achieve greater economic success in our country and make a greater contribution to the Canadian economy. This commitment benefits the country as a whole. Furthermore, one significant predicator for a successful integration into Canadian life is achieving Canadian citizenship.

During debate on this very issue yesterday, a member from the Conservative Party stated that in order for one to value his or her citizenship, it should be difficult and take a long time to obtain citizenship. I highly disagree with that. In fact, it took my parents less time to get their citizenship when they arrived in this fine country in the late 1970s. I do not know of people who could be prouder to have chosen this country to make it their home. They have contributed greatly and have worked extremely hard to make their lives and the lives of their children a success here.

I have a senior in my riding who helped me with my campaign. I have never met a prouder man. He came to Canada as a senior with little knowledge of the English language or Canadian history. However, he always reminded me of how honoured we should all feel to be involved in the democratic process. He always made sure my office had a Canadian flag. He also insisted that I wear a Canadian pin on my jacket when campaigning. At events, he reminded me to play the national anthem. He stood proudly as he attempted to sing the words. This is a person who never had to take the test because he was above the age that required him to do so. Does it seem as if this individual does not value his citizenship? I think not. If anything, at times people who are born here and have never lived anywhere else can end up taking their citizenship for granted.

Bill C-6 provides for a flexibility that benefits both the lives of new Canadians and the social cohesion of our diverse country. The first way it would do this is by amending the physical presence requirement to the equivalent of three years out of five. More specific, the proposed changes would reduce physical presence requirements to three years out of five immediately before the date of application. This is a change from the current four years out of six. This would allow individuals to apply for citizenship one year earlier than under the requirements that came into force in May of 2015, making the path to citizenship a shorter one.

The five-year window in which to accumulate three years, or more specifically, 1,095 days, of physical presence would also provide greater flexibility for those who are absent from Canada during the five-year qualifying period, for work or other personal reasons.

I have had many people in my office, whom I have met over the last few months, who have sick parents in their country of origin, who have to travel in order to take care of loved ones. Should we not grant these people the ability to do so in these extenuating circumstances, but also the ability to come back and gain citizenship quite quickly?

There are people who are selling their homes and wrapping up loose ends, who have moved to this country because their children have enrolled in school or for other reasons. They need to be able to wrap up their old prior business and still be able to come back to this country and move on with their lives in a successful way.

This bill supports the Government of Canada's goal that I spoke of earlier, the goal of increasing flexibility and making it easier for immigrants to build a successful life in Canada, reunite their families, and contribute to the economic success of all Canadians. In a world where individuals are more mobile than ever before, where employers increasingly have an international presence, it is crucial that we build flexibility into our immigration system.

As well, permanent residents who choose to study abroad, do voluntary work in other countries, or work for NGOs abroad would be able to, provided they are physically present for three years within the five-year window. They would be able to then bring this rich, international experience back to Canada, benefiting us all.

Similarly, Bill C-6 also proposes to repeal the supplemental physical-presence requirement that citizenship applicants be physically present in Canada for a minimum of 183 days of each of the four calendar years within the six years before the date of application.

Keeping this requirement would not allow applicants to fully benefit from the shorter physical presence or the increased flexibility that I just described, or the new non-permanent resident time credit that Bill C-6 also proposes. Removing this requirement would also provide more flexibility for prospective applicants to meet the requirements of citizenship.

Another way Bill C-6 would increase flexibility is through the removal of the intent-to-reside provision. Under current law, applicants are expected to have an intention to continue to reside in Canada if granted citizenship. Applicants are required to hold this intention from the time they submit their application to the time they take the oath of citizenship.

The provision created concern among some new citizens, who feared their citizenship could be revoked in the future if they moved outside of Canada. For example, although the period covered by the intent-to-reside provision does not apply after a person has become a citizen, it has created great confusion.

Some new Canadians whose work requires them to live abroad for extended periods may feel that their declaration of an intent to reside in Canada could negatively affect their ability to work abroad as Canadians.

The government has made a commitment to repeal the provision. Doing so, and making it clear that no citizens are bound by it, would eliminate any misperception that new Canadians would have.

We want our immigration system to be flexible to the needs of those who make Canada their home. More broadly, the changes proposed by Bill C-6 support the Government of Canada's commitment to fostering a diverse, fair, and inclusive country.

I am pleased to have had the opportunity to speak in favour of Bill C-6 today. I encourage all my honourable colleagues to support the bill, as I will.

[Colin Fraser, Liberal, West Nova, NS]

Mr. Speaker, I agree that many dual citizens were gravely concerned about how this might impact them personally. It is important to remind everyone in this debate that dual citizens may be people who were born in this country and became, by birth, dual nationals, both Canadian citizens and citizens of some other country. The law as it stands now would actually mean that such a person could have his or her citizenship revoked for an egregious set of circumstances, as mentioned earlier, while having never lived anywhere else but Canada.

Therefore, yes, people were concerned about this issue in the election campaign, but, as I said, it is a matter of principle, and to say that it only affects a few who may actually get caught up by this provision makes no difference. It is a matter of principle. We should stand up for the values we believe in in Canada. I believe Bill C-6 is a good measure to do that.

[Colin Fraser, Liberal, West Nova, NS]

Mr. Speaker, it is an honour to rise today in support of Bill C-6. The bill will restore the fundamental principle of equality of citizenship, and also restore common sense to the process of becoming a Canadian citizen.

There are few privileges on earth greater than being a citizen of Canada. In our country, we cherish our freedom, our democracy, and our inalienable rights that attach to our citizenship. Canada has long been a beacon of hope and opportunity to many around the world. Our country is blessed to have been enriched by people who have become Canadians by choice.

In my riding of West Nova, we have an incredible history which started the foundation of the country, with rich contributions from Acadian, Mi’kmaq, Métis, British, and African Canadians. Also, we know that through many generations at Pier 21 in Halifax, many more immigrants began their lives as Canadians and together helped build this great country.

The most fundamental principle of the rule of law is that all citizens are equal before the law. We cannot have two classes of Canadians. Once someone is a citizen of our country, certain rights and privileges attach to that. They cannot be taken away. Bill C-6 restores the fundamental principle of our system of citizenship. It rightly seeks to reinstate this principle, which was taken away under the Conservatives' Bill C-24 in the last Parliament.

I have heard all kinds of claims by the opposition members in the debate so far on Bill C-6. However, the most intellectually frustrating argument I have heard is their claim that Bill C-6 leaves in the law the ability for revocation of citizenship in some cases. Therefore, the argument we are making on this side of the House, that it is fundamental that we cannot revoke citizenship, is somehow inconsistent with leaving that provision in the law. I have heard this from the other side. The argument has been made that Bill C-6 in fact creates two tiers of citizens. Nothing could be further from the truth. In fact, the opposite is true. The bill remedies the fact that in Bill C-24 there are two classes of citizenship.

Does the opposition not see the obvious difference between taking away citizenship from someone who never would have or should have obtained citizenship but for fraud or misrepresentation, and revoking the citizenship of an otherwise valid citizen for egregious behaviour done after they have been conferred with all rights and privileges that come with citizenship? To my mind, there is a clear distinction between something being void ab initio, that meaning from the beginning. They were never citizens. That is the difference between something void ab initio and something voidable in the future for future behaviour.

Furthermore, do they not see that maintaining the integrity of our citizenship application process requires a mechanism to prevent those who would lie in order to become a citizen? What kind of system is reliable if there is no mechanism to withdraw from it people who have lied, committed fraud, or misrepresented the statements made in order to obtain the thing conferred upon them? Of course, to have a proper system of citizenship requires a mechanism for those people who have misrepresented themselves to the government to obtain the citizenship to take that away.

That is vastly different from saying that someone should have their citizenship revoked for something done after they have become a citizen. There is no causal link. There is nothing between their bad behaviour afterwards and their citizenship. Therefore, it is fundamentally wrong to suggest that because there are provisions that remain in the law to revoke citizenship for someone who should never and would never have been conferred citizenship, versus someone revoking their citizenship for egregious behaviour after the fact, that the law is flawed

Let me be clear about this. There is no question that the behaviour associated with revoking citizenship in Bill C-24 is egregious behaviour. It is intolerable. It is criminal. It is repugnant. That is exactly why the criminal law in this country, to the fullest extent, should make sure that those people go to jail. That is where they belong. It should not be used as a punishment to revoke their citizenship because it does in fact create two tiers of citizens. It creates citizens who have dual citizenship who could be subjected to having their citizenship revoked on future behaviour, versus those who are Canadian and only Canadian citizens.

There is a big fundamental difference. A Canadian is a Canadian is a Canadian. I know that line has been used on both sides of the House, but it is true. It is true that if we go down the road of having more than one class of citizenship, it will render less valuable the fact that someone is a Canadian citizen.

Being a dual citizen means that an individual is a Canadian citizen. However, a Canadian citizen is the same, whether or not they have more than one passport.

I submit that most Canadians understand this obvious difference. It is unfortunate that it is being advanced as a proper argument to maintain these elements from the previous Bill C-24. I note that these elements were part of the election campaign, and Canadians rejected those ideas in the last election.

Bill C-6 also reduces the length of time that someone must be physically present in Canada to qualify for citizenship. This would help immigrants achieve citizenship more quickly and change the requirements to three years within five years total. It will mean that applicants can apply one year sooner in order to join the citizenship of this country. This offers greater flexibility for immigrants who travel outside of Canada but maintain the timelines. It does ensure that a new Canadian has significant ties and links with our country to be a full and proud Canadian.

Another element of Bill C-6 that I find very good is the part of the bill that restores the 50% credit, for international students in particular, who spend time at one of our amazing schools in this country. It does not make any sense to take away the credit for those individuals whom we hope to attract, for whom we are competing with other countries around the world to have them live in Canada, to participate in our country. It does not make any sense at all to make it harder for them. We are competing with other countries around the world to attract the best and brightest, and we must do what we can to ensure that they stay here.

They have links with Canada. They obviously have a linguistic connection, either English or French, or perhaps both, in order to attend one of our universities or post-secondary schools. Therefore, it makes sense with those links, those connections, their intelligence and innovation, that we should be attracting and doing everything we can to encourage these students to become part of the Canadian family.

We know that Bill C-6 also amends the age range for the language requirement. Bill C-6 proposes to amend the age range for those required to meet language and knowledge requirements from 14 to 64, to those aged 18 to 54, removing a potential barrier to citizenship for applicants in both the younger and older age groups.

All Canadians are free to move outside of Canada, of course, and this is a right guaranteed in the Charter of Rights and Freedoms. Many Canadians enjoy that privilege and maintain their strong ties and connections and pride in Canada. It is right and correct that Bill C-6 repeals the June 2015 change that required adult applicants to declare that they intend to continue to reside in Canada. This is a prime example of previous modifications to our law that treat certain citizens differently.

Bill C-6 attempts to remedy changes that were made that are against the rule of law, against the best traditions of this country, and that is why I will proudly support Bill C-6.

[Michael Cooper, Conservative, St. Albert—Edmonton, AB]

Mr. Speaker, there are some positive aspects of Bill C-6. I will admit that not all aspects of the bill are bad. We need to look at the changes carefully.

Unfortunately, there are too many provisions in Bill C-6 that are problematic, so barring the legislation being drastically amended, I and my colleagues in the Conservative Party cannot support it.