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 / 12:20 p.m.


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Liberal

Marie-Claude Bibeau Liberal Compton—Stanstead, QC

moved 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 3rd, 2016 / 12:20 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Madam Speaker, I am pleased to rise today to support Bill C-6, an act to amend the Citizenship Act.

I would like to begin with a list.

This list includes Afghanistan, Argentina, China, Germany, Grenada, Haiti, India, Iran, Lebanon, Pakistan, Poland, Portugal, Saudi Arabia, Scotland, Somalia, South Africa, Switzerland, Tanzania, Trinidad, Uganda, the United Kingdom, and the United States.

What do these countries have in common? They are all nations from which members of the House hail. Forty-one members of the chamber, spanning four different parties, are citizens of Canada who were born outside of this country. I am one of that group of 41 members. I was born in Uganda and arrived here as a young refugee in 1972.

Bill C-6 says to me and 40 of my fellow MPs that our citizenship is no different than that of our Canadian-born colleagues. In fact, Bill C-6 says to millions of Canadians who naturalized here after arriving from overseas that their citizenship has the same value and is accorded the same respect as the citizenship of those born in this country. It tells them that a Canadian is a Canadian is a Canadian. Allow me to explain.

Bill C-6 would reverse the divisive legacy of legislation enacted by the previous government. Under what was then Bill C-24, the previous government enacted legislation that allowed persons born abroad to be stripped of their citizenship on the basis of acts against the national interest—treason, spying, terrorism—but this applied only to those born abroad. Therefore, if someone was born in Canada and committed the exact same criminal act against the national interest, their citizenship could not be stripped. Canadian-born individuals would be dealt with by the criminal justice system alone, whereas foreign-born Canadians were subject to a double penalty: punishment under the criminal justice system, together with revocation of their citizenship under the Citizenship Act.

The old legislation, enacted by the previous government, was wrong for two reasons. The first is that it was unfair and unequal. We heard about the unfairness of the old Conservative legislation from strong immigration advocates, such as Legal Aid Ontario's refugee law office and Romero House in my riding of Parkdale—High Park. The inequality of the old legislation was laid bare by the litigation it caused. The B.C. Civil Liberties Association and the Canadian Association of Refugee Lawyers brought a charter challenge to Bill C-24 contending it created two tiers of citizenship.

The second and more important reason is that the old Bill C-24 was flawed because it sent the wrong message to newcomers. People like me, who fled their homelands to make a fresh start in Canada, are thankful for the opportunity to be here, but ultimately, we all seek the same thing: full and final integration. The previous government's Bill C-24 failed such Canadians, precisely because it rendered them more vulnerable. It told them that they are citizens, but citizens with an asterisk. By retracting the odious legislation the previous government passed, I and millions of Canadians who came here from other countries are being told that the politics of division are over and that they do, indeed, belong.

That is enough talk about the old legislation. I now want to talk about the merits of Bill C-6.

Bill C-6 meets what we like to call the triple-E test. It is evidence-based, it makes economic sense, and the bill is ethically sound. Allow me to address each of these points in turn.

The first point is that Bill C-6 is evidence-based. Our government campaigned on a commitment to return to evidence-based policy, and that is precisely what Bill C-6 represents. Studies demonstrate that facilitating a path to not only obtaining but maintaining citizenship promotes a better integration of newcomers and their sense of belonging. This point has been reinforced to me time and time again by settlement and community groups doing important work in Parkdale—High Park, such as Ukrainian Canadian Social Services, the Four Villages Community Health Centre, the Canadian Ukrainian Immigrant Aid Society, and the Canadian Polish Congress.

The second point is that Bill C-6 is good economics. These very same studies show that the bill would have clear economic benefits for Canada. Immigrants who are given a path to permanence through citizenship have higher educational and economic outcomes. This point has also been communicated to me in my riding by terrific organizations on the front lines of settling newcomers in Toronto, like the Parkdale Intercultural Association, the Parkdale Community Recreation Centre, CultureLink, the Parkdale Community Health Centre, and Polycultural Immigrant and Community Services.

Bill C-6 is also ethically sound. Until the previous government's decision to enact the old Bill C-24, we never had two tiers of citizenship in this country. It is not morally justifiable to divide citizens among those fortunate enough to be born here versus those who naturalize after arriving from overseas.

Our new bill does a lot more than just eliminate the two classes of citizenship created by the Conservatives. As I said, Bill C-6 also makes it easier to obtain citizenship in several important ways, which I will now address.

The barriers to citizenship that would be removed by this bill are many. I propose to address four.

The first relates to the length of time required to qualify for citizenship. Our legislation will require an applicant to be present in Canada for three years over a five-year time span, rather than the current four-year requirement over a six-year time span. Therefore, the bill would expand the pool of potential citizens and allow them to apply earlier.

More specifically, Bill C-6 is more flexible. It does not require a person to be in Canada for at least 183 days per year over each eligible year. Instead, one needs simply to be here for 1,095 days over a five-year period. What does that mean? It means flexibility. If one's job takes one overseas for an extended period, this would not make one automatically ineligible for citizenship.

Second, Bill C-6 would restore the knowledge and language testing requirement to the previous age range. The previous government passed legislation indicating that testing would be required for any applicant aged 14 to 64. We are restoring that age range back to the previous norm, which is age 18 to 54. This change would improve access to citizenship for the very young and for those 55 and over, thereby helping to speed up their formal integration.

Third, the intent to reside provision is being removed. Bill C-6 would no longer make it a requirement to declare one's intent to reside in Canada before becoming a citizen. That requirement was unmerited. All Canadians have mobility rights. More importantly, the old requirement created a great deal of confusion. Over 200 applications were returned to individuals who failed to complete the intent to reside portion of the application, because they did not understand it. They feared their citizenship could be revoked if they moved abroad. It cannot.

Fourth, and perhaps most importantly, Bill C-6 would allow time spent in Canada prior to becoming a permanent resident to count towards one's three-year requirement to become a citizen. This provision allows for a 50% credit for time spent in Canada prior to becoming a permanent resident, up to a maximum credit of one year.

Who will this help? It would help temporary foreign workers, international students, and protected persons by speeding all of these groups on their path towards citizenship. This makes sense. These people have already spent time here. They have already worked and studied here. They have already built an attachment to Canada.

I turn now to one of the criticisms we have heard about the bill, which is safety.

Allow me to be crystal clear. Bill C-6 would not imperil the safety of Canadians. Our government's commitment to safety is unwavering. We have a place for terrorists and it is called “jail”. We have a place to prosecute terrorists and that is called the “criminal justice system”. When one commits a crime in Canada, one is prosecuted by the criminal justice system. We do not need a Citizenship Act tool to address a Criminal Code problem.

However, there is also a broader more philosophical underpinning to Bill C-6. When we boost integration and put in place mechanisms for success, we strengthen ties and loyalty to this country. This does not threaten our safety. It is part of a host of initiatives, such as our response to the Syrian refugee crisis, which demonstrates Canada's openness, our inclusivity, and our compassion. These efforts counter radicalization and reduce threats to our safety. In fact, I would say we do this better than any country in the world, and I am proud to be part of a government that is restoring this reputation both here and abroad.

It is also important to understand that Bill C-6 is not an outright rejection of all aspects of its predecessor, Bill C-24, passed by the previous government.

What, from Bill C-24, have we decided to keep? There are provisions we have kept, but there are also provisions we have actually improved.

For instance, we have kept the physical presence requirement rather than the term “residence” because physical presence is easier to verify.

Revoking citizenship based on fraud and misrepresentation has existed since 1947, and this power remains in Bill C-6. Bill C-24, passed by the previous government, facilitated fraud detection, which is very important, and we have kept provisions that make this possible, as well as provisions that permit government to strip people of citizenship quickly when they have committed fraud. More importantly, we have also enhanced some of these provisions. For example, we have added a section that allows us to seize documents used in the commission of fraud. Finally, we have also committed to implementing all of the Auditor General's recommendations regarding preventing citizenship fraud.

Another improvement relates to conditional sentence orders. If convicted, time served in the community on a conditional sentence order can no longer count toward the three-year residence requirement and if one is on a conditional sentence order, one cannot take the oath of citizenship. Again, these are improvements on the predecessor legislation.

Let us talk about the committee. The bill has just returned from the Standing Committee on Citizenship and Immigration. We are also a government that believes in working across the aisle. At committee when amendments were proposed that made sense, that conformed with the policy direction we are pursuing with this legislation, that improved the bill, we did not hesitate to accept those amendments. Those amendments help us create a more diverse and inclusive Canada.

One of the amendments by the NDP added the term “statelessness” as a ground on which citizenship may be granted at the discretion of the minister. Another NDP amendment requires the minister to consider reasonable measures to accommodate the needs of citizenship applicants with disabilities. Those are amendments proposed by the opposition that we accepted on their merit and we welcome them as part of this new bill.

In conclusion, I want to return in my remarks to where I began.

When I provided a list of the 22 different nations that make up the homelands of members of the House, it was simply to provide a snapshot of the diversity of this chamber. This chamber serves as a proxy for this country, a country that is made up of literally millions of individuals whose provenance extends to every corner of the globe. To that diverse group, Bill C-6 says, “Your citizenship is no less valuable, no less respected, than that of a citizen born in this country”.

I believe one of the lasting attributes of the bill is one that has been rarely discussed. In facilitating pathways to citizenship, Bill C-6 also facilitates pathways to participation. Only citizens can cast votes in this country. Only citizens can stand for election to this chamber. By breaking down barriers to citizenship and putting in their place opportunities to obtain and retain citizenship, Bill C-6 promotes the highest level of engagement possible, engagement in our democratic process.

The ultimate job of any government, regardless of its political stripe, is to promote an engaged citizenry. That is precisely what Bill C-6 would do. I am proud to endorse the bill as Parliamentary Secretary to the Minister of Immigration, Refugees and Citizenship and I urge all of my colleagues to do the same.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:35 p.m.


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Conservative

Ziad Aboultaif Conservative Edmonton Manning, AB

Madam Speaker, congratulations to the member opposite. I am glad he mentioned that he is among the 41 members of Parliament who are immigrants and I am one of them too. One thing I like to highlight is that we succeed in this place and in Canada and are able to come to the Canadian Parliament and become parliamentarians because we consider Canada our home. Just because of that we have succeeded.

Someone who is considering Canada a target of terrorism does not deserve Canadian citizenship, does not deserve to be Canadian. Our Canadian citizenship has the highest value of integrity and of honour. If someone wants to use it to go across the world to have access to all the other places in the world just because he is a Canadian citizen, he does not deserve to be a Canadian citizen. If someone does not want to commit to live in Canada, he does not deserve to be a Canadian.

I would like to remind the hon. member of the 1947 immigration act, which at that time was presented, implemented, and adopted by a Liberal government. Bill C-24 is a similar act to the 1947 act that was introduced.

Whether it is three to five years, or four to six years, members opposite agree that Canadian citizenship deserves to be worthwhile for those who decide to take it or not.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:35 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I applaud the diversity of this chamber that is represented by all parties in this House. It is a testament to the kind of electoral system and the kind of Parliament we have created here.

In response to some of the comments raised by the hon. member, I would reiterate a couple of things because sometimes the nuance gets lost in the discussion. If one is applying for citizenship and commits a Criminal Code offence, including a terrorist offence, one is prevented from accessing citizenship in this country.

That is the law in Canada. That has always been the law in Canada. The Liberals believe in that law. The Conservatives believe in that law.

The difference is that once one has already obtained citizenship, what was added by the Conservative government, which we fundamentally and ideologically disagree with, is that once one is here and is a citizen here, if one had naturalized, one was given an extra penalty after the commission of crimes against the national interest.

We believe that the Criminal Code and the criminal justice system can address terrorism and crimes against the national interest, and that is the vehicle for addressing those crimes. That is a fundamental difference which we do not agree on, and that is what this bill represents.

Also, importantly, there is a very fundamental distinction between the 1947 Citizenship Act and what was enacted under Bill C-24 by the Conservatives. That difference is that until Bill C-24, there was only one means of revoking citizenship, and that was based on fraud. Sometimes the fraud was less dramatic, and sometimes it included people who pretended they were not war criminals in World War II. We believe that is the only basis for revoking citizenship, and that is what this bill restores.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:40 p.m.


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NDP

Peter Julian NDP New Westminster—Burnaby, BC

Madam Speaker, I commend the parliamentary secretary for his speech on this important bill.

I represent the riding that is the most diverse in the entire country. I am very proud to represent New Westminster—Burnaby. There are over 100 languages spoken in that small riding. It is really at the centre of where new Canadians come, from the four corners of the world.

There was a very strong reaction when the previous Conservative government established two-tiered citizenship, and understandably. What those new Canadians felt was that essentially the government was saying that they will never be full Canadians in the way that somebody who was born in Canada is.

I wanted to ask the parliamentary secretary what the reaction was in his community. Did people speak out against this legislation? Why is it so important to actually move forward to establish a common citizenship for all Canadians?

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:40 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, I thank the member for all of his advocacy on behalf of the diverse constituents in his riding.

The reaction in my riding is very similar to reactions we have heard from ridings around the country, be they urban or rural. The reaction was simply that people who were not born here, who naturalized here or were on the path to naturalization, felt disserved and underserved by the previous legislation. They felt stigmatized. They felt vulnerable. They felt they were being valued less.

That is a very strong statement, but that is a statement I heard again and again on the campaign trail, and I heard it in my capacity as a human rights lawyer prior to becoming an elected representative in this House.

That is what we are trying to cure by enacting legislation of this type. It is not about pithy phrases. It is not about clichés on the campaign trail. What it is about is giving people a sense of value that they can vote, sit in this House, and participate in the electoral process. They can feel that their citizenship, regardless of where they were born, is valued the same as anyone else who has been here for multiple generations. That is what we are trying to do with this bill.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:40 p.m.


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Liberal

Michael Levitt Liberal York Centre, ON

Madam Speaker, just like the member opposite, I, too, am an immigrant to this country. I thank the hon. member for highlighting Scotland as one of the destinations that members of this Parliament have come from.

My riding of York Centre is a wonderfully diverse riding, with so many immigrants adding their voices and adding value to Canadian society each and every day. I heard concerns, not just about two-tiered citizenship but also about things like language testing requirements and residency requirements.

Can the parliamentary secretary inform us again of the changes that are going to be made under this act?

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:40 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, the hon. member who has come from United Kingdom, specifically from Scotland, represents a diverse riding, equally as diverse as Parkdale—High Park in Toronto.

The provisions that are in place that have not gotten enough attention are ones that facilitate to pathways to citizenship. When we talked about language testing and knowledge testing, we heard an uproar about the previous legislation and about how it created, again, barriers to accessing citizenship.

Our position is that people do not need to have a language test applicable to people aged 14 to 17, because they are getting that kind of language training in the school system already. We also heard a great deal from people aged 55 and older who said that language testing can be a significant barrier for people who are otherwise well integrated, well ensconced, and very learned about what takes place in Canada, and very knowledgeable about our culture and our political institutions.

Those people are served by immigration settlement agencies. We also understand that there is no reason for us to put a barrier in place to their citizenship, because when we look at the studies, we realize that citizenship helps people feel a sense of permanence and helps achieve better overall integration.

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June 3rd, 2016 / 12:45 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I thank my friend, the parliamentary secretary, for his remarks, in particular his praise for the electoral system that gave rise to such diversity. I do not doubt the Minister of Democratic Institutions appreciated that as well.

He did neglect to mention Malta in his list of countries, a grievous omission certainly.

I want to ask him specifically about the issue of the intent to reside. He implied, I am sure not intentionally, that the intent to reside provision in some way restricted people's mobility rights. He knows of course that there was absolutely no restriction of mobility rights. It was clearly about an intent to reside.

Canadian citizenship should not be merely transactional. People should not come here to get their citizenship and then leave with absolutely no intent to have a long-term commitment to the country. There was no restriction on mobility rights. If he is afraid that this led to fear in some people's minds, perhaps it is because of misinformation about the original provisions, not their substance.

I wonder if he would be willing to clarify that there was absolutely nothing about the original provisions that restricted mobility rights.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:45 p.m.


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Liberal

Arif Virani Liberal Parkdale—High Park, ON

Madam Speaker, the list of countries that I outlined at the outset was provided to me by the Library of Parliament. I do apologize if there is a member born in Malta in the chamber, perhaps even the member himself. I have been to Malta. It is a lovely place. There are a lot more churches than there are days of the year. It is very sunny and warm. I will acknowledge and add that to the list of now 23 countries.

In terms of the intent to reside provision, the problem with the previous legislation is that it changed the application form, which people needed to fill out prior to taking the oath of citizenship. Are mobility rights respected in the charter? Of course they are. I am a constitutional litigator. I appreciate that. However, the intent to reside provision sowed confusion in terms of the requirement of the date of taking the oath but also going forward whether people were allowed to actually move and leave our country. They are indeed allowed to move. Mobility rights are protected. What we are doing is clarifying that provision that caused a problem and a barrier rather than a facilitation of citizenship.

Citizenship ActGovernment Orders

June 3rd, 2016 / 12:45 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it is a pleasure for me to rise and address this important debate; and certainly an honour for me to follow my friend, the parliamentary secretary from Parkdale—High Park. I did not agree with much of what he said in his speech, but I appreciate his work in this place, and particularly the opportunity we have to work together on Parliamentary Friends of Tibet.

Before I get into the specific provisions of this bill, I want to spend a bit of time setting the philosophical groundwork, at least in terms of how I see it and many on this side of the House see it, on the substance of this debate, underneath these provisions, in terms of what Canadian citizenship is all about.

I will say at the outset that I believe that we live in the best country in the world. I do not say that lightly. I have lived abroad and I have travelled quite a bit. For many reasons, we live in the best country in the world. One of the proof points of that is the fact that we have so many people who want to come here. Over the last 10 years, we have had the highest sustained immigration levels in this country's history. However, comparatively as well, many more people want to come to Canada relative to our population than want to go to many other countries.

As we think about what our citizenship is and what it means, perhaps it is important to start by asking why Canada is such a great country, and what we can do to ensure that in the context of our ongoing definition and redefinition of citizenship we preserve what is essential about our country. We are all very proud of Canadian diversity. The parliamentary secretary spoke eloquently about the diversity that we have in this country. However, many countries around the world have diversity and perhaps have a different experience of that diversity. I was thinking as I prepared for this about the visit of the Chinese foreign minister. China is a very diverse country, but a country in which religious and ethnic minorities face significant difficulties. Russia is a very diverse country. Syria, in fact, is a very diverse country. So we have many countries around the world that are diverse where perhaps the experience of that diversity is not positive for those in the minority.

It is clear, if we look at this comparison, that it is not diversity alone that makes us great and it is not diversity alone that makes us who we are; but it is in fact what we do with that diversity, how we work together in the context of that diversity, and in particular our ability as a nation to build together around shared values. If we have diversity without any kind of shared values, there is always a risk of conflict. I am very proud of our history as a country that has both great diversity and has managed to maintain a strong sense of shared values. That is particularly important for our success.

It is worth underlining what some of these shared values are. We have a belief in this country in freedom. We have a belief in democracy, in basic principles of human rights and, to some extent, in universal concepts of human dignity that underline those ideas of human rights. We have a belief in the rule of law; in universal human equality and value regardless of race, religion, caste, ethnicity, linguistic background, et cetera. We have a belief as well in gender equality, which is very important to who we are in this country. We have unity around these common values in the context of our own diversity. Our experience of not just political unity, not just sort of general accommodation of one another, but of practical community and common purpose, is quite unique in this country.

I will just share this anecdote because it is important. I was in a European capital a number of years ago, meeting with a Canadian friend of mine who was working there. We were in a very diverse part of this city. There were people from all different parts of the world. We noticed around us all of a sudden that we did not see any mixed-race social groups. We saw a group of people from one racial group together, and then a group of people from another. We looked around us in the crowded centre of this European capital and it was a bit jarring to realize that in spite of the fact that this was a very diverse place there were no obvious signs of community, of at least people sitting together within that place.

The advantage we have in Canada is in building substantive community between different people of different backgrounds.

I thought about that experience later when, at the time I think it was the British prime minister, similar comments were made by French and German leaders, talking about the alleged failure of multiculturalism in the European context. As much as I would regard that as not correct, even in the context of Europe, it is worth understanding that there is a different experience of multiculturalism in Europe compared to the Canadian experience.

Canada, from the moment of its founding, was a country founded on shared values and on ethnic, religious, and linguistic diversity. We can compare that to many European states, which obviously emphasized elements of shared values, but also have measures of ethnic nationalism built into their founding as well.

We have to welcome newcomers in a way that understands that background without compromising what George Cartier called our concept of one political nation. I will read from a book called Straight Talk, which is a book on federalism that captures this well.

That dual quest for the universal and for cultural diversity has been with us since the birth of our Confederation. We have often strayed from it since then, and committed grave mistakes and injustices, but the result is this admirable human achievement that is Canada.

We have had this history from the beginning of combining the universal values in the context of diversity. The same book continues with:

Finally, Cartier wanted Canada to be a “political nation”, a nation of solidarity which transcends race, religion, history and geography to ensure that the French in Quebec would never want to break their solidarity with other Canadians. If we seek a contract at the birth of our federal union, it is certainly the one expressed by Cartier, which has inspired all of Peter Russell's work. Quebecers of all origins have helped other Canadians a great deal to achieve that ideal; they must not renounce it.

Straight Talk was written by the Minister of Foreign Affairs. I think he has had some very good things to say in the past about the importance of common values in the context of this diversity.

Where are we going from here then? What is the philosophy which underlines this legislation advanced by the government?

Early in the new government's term, the Prime Minister was talking to The New York Times about aspects of Canadian identity. Here is what he said, which is something very different than the words I just quoted from the Minister of Foreign Affairs. He said, “There is no core identity, no mainstream in Canada...Those qualities are what make us the first postnational state.”

Therefore, we have in the House, at least between our side and the Prime Minister, very different visions of what the Canadian nation is supposed to be.

Ours is one of unity around shared values in the context of ethnic, linguistic, religious, and other forms of diversity. However, the Prime Minister's concept is one that goes beyond or outside of this idea of shared values and emphasizes the diversity, but at the same time wants to perceive Canada as a postnational state, not as a political nation.

It is with that in mind that we come to legislation put forward by the government, which would allow convicted terrorists to retain their Canadian citizenship. I think we can understand what the Liberals' thinking is on this bill in light of the Prime Minister's comments to The New York Times and in light of that underlying philosophy.

It is clearly a problem to our historic concepts of Canada as a political nation to say that convicted terrorists should be able to retain their citizenship. A terrorist is not just someone who wants to do violence and mayhem. Terrorists are people, in our current conception of it, who disconnect themselves from our Canadian values, who embrace a wholly distinct set of values than the ones I have outlined, gender quality, universal human dignity, human rights, democracy, and the rule of law, and instead commit themselves to fighting for the destruction of those very values. A terrorist is not someone who is pushed outside of the fold of Canadian values. A terrorist is someone who chooses to leave the fold of Canadian values, and that is very clear.

Our concept of diversity that emphasizes shared values says that diversity does not extend to those who wish to destroy us. There have to be parameters or limits ensuring that we remain the country we have always been, a country of unity in the context of our diversity.

The Liberals' view of diversity in many ways bends over on itself. It permits those who are deeply at odds with things in which the Liberals themselves clearly believe, gender equality, human rights, the rule of law, democracy. Yet it allows people who reject those things, who want to fight against those things, to remain in the Canadian family and to use the advantages of their membership in the Canadian family, of their Canadian passport, for example, to then wreak havoc against the very values that we espouse.

I think all of us in all corners of the House deeply believe in the idea of diversity, but we also believe the diversity is necessarily bounded as a practical matter, as a matter of our own survival. There are certain things we must agree are simply not welcome here and they include the desire to destroy our way of life.

I ask Canadians who are watching this to reflect on these differences of vision, the one espoused by the Prime Minister and the one espoused by George Cartier, the question of Canada as a postnational state or of Canada as being part of a common political nation.

It is important to specifically counter some of the arguments that were made by my friends across the way. Members of the government have said many things on this that are substantially true but do not really apply to this legislation. My friend, the parliamentary secretary, praised the importance of having a path to citizenship. We have always had a path to citizenship in our country. Nobody is proposing, or has seriously ever proposed, the creation of a sort of UAE style of citizenship where an individual would have to be born here. We believe very much in a path to citizenship, and we can disagree over the difference of one year here or there in terms of being in a country without disagreeing on that fundamental point.

For those who have a commitment to Canada, there is no substantial problem with saying let us wait another year. Those who do not have a commitment to Canada will perhaps have a different perspective. All of those who have a commitment to Canada, whether it is an additional year, it is not clear to me what the breaking point is about those changes.

There is an important issue alleged by the government, and we hear this talking point many times, of two-tiered citizenship. There are two things that need to be said about this. First, the government has been clear that its intention is to retain the ability to revoke citizenship that was acquired on the basis of fraud. This means that people who acquired their citizenship could have it stripped from them on the basis of fraud.

Fraud is in my mind a much lesser crime than terrorism. For the government to say that on the one hand citizenship is irrevocable for someone who clearly parts ways with Canadian values and then say on the other hand, citizenship can be lost if someone cheated on a form is just not consistent.

If the government really takes this idea that citizenship is irrevocable to its logical extreme, it is hard to understand why it would be dealing with a more extreme issue, yet leaving in place the revocation possibility for a relatively less extreme offence.

I want to say this as well about the regime the government put in place. The government's bill would institute a system of two-tiered citizenship that did not exist before. Under its system, people who acquired their Canadian citizenship could have it stripped on the basis of fraud. Under our system, anybody could have their citizenship stripped on the basis of fraud or involvement in terrorism.

Under the Liberals' citizenship process, nobody who was born in our country or who was born with Canadian citizenship could ever lose their citizenship. Our system treats equally those who were born abroad and those who were born here. Therefore, I am perplexed by the Liberals continuing use of their talking point, in spite of their total unwillingness to actually implement the fullness of this supposed principle that they are espousing.

The fact is that where an individual was born does not matter for our original legislation. People could lose their citizenship if they were involved in terrorism, and it did not matter if they were born here or somewhere else. The value of Canadian citizenship is dependent on their commitment to our shared values, not on where they were born. That is an important principle and a principle for which we have stood.

Of course, as a practical matter, we cannot strip the citizenship of someone who only has one citizenship, and that is true whether individuals obtained their citizenship by a fraud or whether they obtained their citizenship in spite of then going on to commit or be involved in some form of terrorism.

That is a practical matter, and obviously we are limited in the House by certain features of the practical world in what we can do and cannot do. However, as much as possible, we should hold fast to that principle, that Canadian citizenship has value. It expresses the substance of who we are as a country, a country that has unity around shared values in the context of our diversity, and this, unfortunately, is simply not appreciated by the arguments made on behalf of the bill.

Some more clarifications need to be made about the original system we had in place. It is a bit perverse, frankly, that members of the government talk about new Canadians being worried about the provisions of the bill because of misinformation about them, and then go on to continually imply things about the bill that are incorrect. If some Canadians were worried about the provisions of the bill and did not have a proper understanding of what the original bill would do, I would hope the members of the government, who were maybe talking to these Canadians in the context of a campaign, would have provided correct information about the bill.

They might have clarified that actually there is no restriction whatsoever in the original Bill C-24 on mobility rights. There is no possibility whatsoever that people could lose their citizenships for a minor crime. In fact, people who commit a major crime, a violent crime, still could not have their citizenships revoked, regardless of where they were born, regardless of whether they were dual citizens. It is only in the case of terrorism.

The crucial point with respect to terrorism is that this is where individuals have stepped fully outside the parameters of Canadian values. They have said that they have no interest in being part of the Canadian family. They have acted in a way that put themselves fundamentally at odds with it in terms of their values.

One of the arguments we have heard as well from my friends across the way is the assertion that putting them in jail is enough, that someone should not face both imprisonment and then the loss of citizenship. However, these are two completely different kinds of sanctions to deal with different kinds of issues. Of course, somebody who is involved in violent crime or terrorism should be punished through incarceration, but there is also the issue of whether this person has retained his or her commitment to be part of the Canadian family or not. These are different issues that should be both dealt with and certainly both considered.

However, there is another practical matter that I think the government ignores in its reasoning. It is the fact that individuals could well be outside of the country and become very involved in terrorism, be fighting for Daesh, perhaps, or another terrorist group, and clearly, in the process of their actions and their involvement in that, take themselves outside the Canadian family. Those people, as long as they retain their Canadian citizenship, have the benefits of Canadian citizenship, can ask for assistance by diplomatic staff and Canadians would be on the hook to bail that sort of an active terrorist out.

Of course, we do not have the ability to incarcerate people if they are abroad fighting on behalf of another terrorist organization. This is perhaps a context in which this would have to be considered, and I do not think it is properly considered by the government's arguments.

It is important to underline in that context at the same time that it is not the conviction in a foreign court that would lead to these considerations. It would only be a decision of the Canadian courts or an adjudication on the basis of equivalency, an evaluation that was done based on Canadian law with respect to terrorism. It still would not require someone to be in the country.

In terms of the underlying philosophy, Canadians should go with George Cartier, not the postnational anti-identity fantasies of the Prime Minister. It is also important to dig into the substantive provisions of the bill and realize that it does not fix problems that were real, that we were addressing significant problems. Terrorists should not—

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June 3rd, 2016 / 1:05 p.m.


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The Assistant Deputy Speaker Carol Hughes

Questions and comments, the hon. parliamentary secretary.

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June 3rd, 2016 / 1:05 p.m.


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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Immigration

Madam Speaker, I thank the hon. member for his comments, his advocacy in the chamber, for the frequency of his speaking engagements, and for his work on the Parliamentary Friends of Tibet.

I raise two points in respect to what he spoke about. The first is on the European limitations. He identified at the outset of his remarks, concepts in Europe versus concepts in Canada. I agree with that, and that is the first part of my question. The genius of the Canadian model is that not only do we accept people into our country, but we put them on a path to permanence. That is something we should be exporting to various countries in Europe as they struggle with things such as a migrant crisis.

Second, the concept of citizenship informed a lot of his comments about different ideological perspectives, different historical perspectives, and different citations that he was mentioning. Citizenship does have value. We on this side agree with the member opposite on that notion. The exact value that is being attached seems to be somewhat different. His conception seemed to be that allowing a convicted terrorist to keep his citizenship is somehow anathema to this concept of citizenship and anathema to the concept of the Canadian tradition. I would ask him, as the second part of my question, that if there is some uniformity of the conception he is articulating, then why did the Conservative governments of Diefenbaker, Clark, and Mulroney cease to touch this provision in the Citizenship Act when they were in the office? It clearly is not in conformity with the conception that he is articulating.

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June 3rd, 2016 / 1:05 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I will answer the last part of the question first. We know we are dealing in a very different kind of world than was dealt with by those previous prime ministers. We live in the kind of world today where non-state actors are much more influential, and much of the conflict we engage in involves non-state actors. There was not the same pressing need to deal with individuals who may be Canadian citizens affiliating themselves with non-state, armed groups abroad, and seeking to inflict violence upon the country. This explains that part of the question. Countries obviously deal with the problems that are in front of them.

Let me just underline again what my concept of citizenship is all about. It is citizenship rooted in shared values, and citizenship with a wide breadth of permissible convictions and values. However, a person who chooses to fully reject all of the things that are foundational to Canadian values, all of our concepts of human rights, democracy, the rule of law, and freedom of gender equality, at that point choose to separate themselves from our concept of citizenship. If we do not have some definition or limits on that concept of citizenship, then it is hard to understand what the Prime Minister means when he talks about citizenship, in fact when he talks about us being a postnational state.

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


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NDP

Christine Moore NDP Abitibi—Témiscamingue, QC

Madam Speaker, I have a question for my colleague about something that is not in the bill. It concerns a change that was made whereby a person found guilty of a criminal offence abroad that is also a criminal offence in Canada would be denied Canadian citizenship.

As the hon. member knows, many justice systems around the world are very corrupt, and many people convicted of a criminal offence in a foreign system, sometimes in some of these corrupt systems, are not actually guilty, but are caught up in a vendetta by a corrupt system or government.

Is it not risky to disregard the context of the charges and whether due process was followed and then deny citizenship to someone who in fact never committed a criminal offence, but rather was the victim of a corrupt system?