An Act to amend the Citizenship Act (Truth and Reconciliation Commission of Canada's call to action number 94)

This bill was last introduced in the 43rd Parliament, 1st Session, which ended in September 2020.

Sponsor

Marco Mendicino  Liberal

Status

Second reading (House), as of Feb. 24, 2020
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Citizenship Act to include, in the Oath or Affirmation of Citizenship, a solemn promise to respect the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, in order to respond to the Truth and Reconciliation Commission of Canada’s call to action number 94.

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.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:35 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Mr. Speaker, we come together today to discuss Bill C-6, an act to amend the Citizenship Act.

This bill implements the Truth and Reconciliation Commission's call to action number 94, proposing a change to the citizenship oath as it is drafted in the schedule to section 24 the Citizenship Act. First, clause 1 of the bill amends the text in the schedule. In other words, it changes the wording of the oath or affirmation of citizenship.

As we have heard, the new oath proposed by the Liberal government would read as follows:

I swear...that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.

The solemn affirmation is also similarly amended.

As my colleague indicated, the Bloc Québécois supports the principle of Bill C-6. We recognize the legitimacy and the importance of incorporating a reference to indigenous rights in the citizenship oath.

However, I want to be clear that there is some contradiction here in the Liberal government's rhetoric.

Why the piecemeal approach to recognizing Canada's different nations instead of recognizing the entirety of these nations and affirming their political equality?

If Canada positioned itself as an association of free and equal peoples, it would be easier to ask newcomers taking their oath of citizenship to commit to respecting the fundamental rights of all founding peoples. As the spokesperson on communal harmony, I believe we should use inclusive language.

I would also like to point out that the government did not use the wording suggested by the Truth and Reconciliation Commission. It seemed very clear and well-worded to me. I think that wording is of critical importance when drafting an oath of citizenship, especially considering its solemn and symbolic nature and how meaningful this final step to citizenship is to a new citizen.

Why did the government not use the wording proposed by the Truth and Reconciliation Commission?

If the wording needed to be changed to include aboriginal rights, would there not be a wording that does not suggest, as the current wording does, that the Constitution is a law among so many others?

I would like to have some answers to those questions.

I would also like to quote the Minister of Immigration, Refugees and Citizenship:

The oath is a solemn declaration that all newcomers recite during the citizenship ceremony. With this amendment, we will take an important step towards reconciliation by encouraging new Canadians to fully appreciate and respect the significant role of indigenous peoples in forming Canada's fabric and identity.

Far be it from me to pit Canada's different nations against one another, on the contrary. I support their true recognition and the equality of peoples. I am just saying that it would be easier for newcomers to understand the history of Canada if we invited them to appreciate the contributions of all founding nations.

The French fact, the British fact and the history of the first nations, Inuit and Métis people are all deserving of recognition.

The hon. Senator Murray Sinclair, who was co-chair of the Truth and Reconciliation Commission, contradicted the minister. He said, “Reconciliation requires that a new vision, based on a commitment to mutual respect, be developed.” The senator is clearly open and receptive to recognizing all of the nations within Canada. I commend him for that.

Since Canada has chosen to position itself as a multicultural majority nation in which national cultures are reduced to regional folklore, the federal government's efforts to respect indigenous peoples are still somewhat awkward. I am not saying that these efforts are wrongheaded. I am saying that they would come more naturally if Canadian federalism were an asymmetrical federalism based on the equality of peoples.

The Bloc Québécois recognizes indigenous nations for what they are: nations. The Bloc advocates a comprehensive approach to government relations, focusing on negotiating nation-to-nation agreements. Recognition should be the starting point for any commitment to reconciliation.

However, although section 35 of the Canadian Constitution recognizes aboriginal and treaty rights, it does not define the federation as a free association of equal nations.

Unlike Canada's plan, Quebec's plan for independence, promoted by the Bloc Québécois, proposes that indigenous nations be counted among the founding peoples of a sovereign Quebec, which would be founded on a true association based on mutual respect and equality.

Because I agree with the government, I urge my colleagues to vote in favour of the bill. The Bloc Québécois supports efforts to recognize indigenous treaty rights. Canada has a long way to go to reconcile with indigenous nations, and the Bloc Québécois wants to be an ally and support that cause.

However, we know that Quebec will take a different approach, because we are not afraid to propose fundamental changes and challenge the very foundations of our public institutions. In any case, once Quebec is sovereign, we will have to draft our own citizenship oath. Obviously, our oath will be free from any references to the monarchy and the Crown. It will affirm that all public powers rest with the people. It will do justice to the first nations, the Inuit and the Métis, as well as the British and French cultures.

I commend the government for its willingness to implement the recommendations set out in the Truth and Reconciliation Commission's report. I truly hope that Canada will succeed in moving this process forward.

I believe that Quebec's independence should be an opportunity for Quebeckers to engage in its own reconciliation efforts with indigenous nations and I think it will be crucial that those nations sit down with us at the table when we write our constitution. I intend to be at that table and to participate in opening a new chapter in our history. I will do everything in my power to ensure that this new, future chapter be free of the injustices of the past.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:45 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Madam Speaker, one thing we keep hearing from government members is that their most important relationship is that with Canada's indigenous people. They say they are prioritizing a nation-to-nation dialogue. However, when we look at the Canadian Human Rights Tribunal, we constantly see the ruling against the Liberal government that it is willfully and recklessly discriminating against indigenous children. The government is spending millions of dollars fighting Canada's most vulnerable children, indigenous children, here in Canada.

Does my colleague agree that the government is contradicting itself? What kind of message does that send to newcomers to Canada if that is the government's treatment of Canada's indigenous children at the Canadian Human Rights Tribunal when it is trying to move forward with legislation?

Citizenship ActGovernment Orders

February 24th, 2020 / 12:45 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I thank my colleague for his question.

I did speak about contradictions. I think it is very important to remain vigilant when naming specific aspects rather than talking in more general terms. We must not use extreme wording. Instead, we need to think about true, respectful recognition.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:45 p.m.
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Bloc

Luc Desilets Bloc Rivière-des-Mille-Îles, QC

Madam Speaker, I commend my colleague for her clear and precise speech.

Bill C-6 seeks to enshrine aboriginal and treaty rights in law. I get the impression that everyone agrees with that.

As a Bloc member, why did my colleague not focus on the Quebec nation in her speech?

Citizenship ActGovernment Orders

February 24th, 2020 / 12:45 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I thank my colleague for his question.

We do support Bill C-6. We cannot oppose the idea of respecting aboriginal rights, but, as I said earlier, we have to avoid listing individual elements. We need a comprehensive approach to these rights.

We do support Bill C-6, but that does not mean we cannot improve it in the near future.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:45 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Madam Speaker, I appreciate the position of the Bloc on this legislation, and I want to echo some thoughts regarding the importance of the true value of incorporating call to action number 94 into that oath.

Has the member ever participated, as an observer or anything of that nature, in the witnessing of Canadians being sworn in?

Citizenship ActGovernment Orders

February 24th, 2020 / 12:45 p.m.
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Bloc

Marie-Hélène Gaudreau Bloc Laurentides—Labelle, QC

Madam Speaker, I am not sure I understood the question.

I would like to tell my colleague what people tell us when we talk about Bill C-6. Regardless of where they are from, be it British Columbia or Quebec, people tell us that recognizing aboriginal rights is essential, but we also have the British fact and the French fact to think about. Unfortunately, people tell us they feel left out. That is what I meant when I talked about remaining vigilant. If we start naming individual groups, we absolutely have to name all of them.

Today's Bill C-6 is about recognition, but what we need is comprehensive recognition.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:50 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Madam Speaker, I would like to acknowledge that we are on the traditional territory of the Algonquin nation.

I would just like to take the time to say that I will be sharing my time with the member for Surrey Centre.

I stand here today to discuss the amendments to Canada's citizenship oath that our government is proposing. The citizenship oath is sworn by each and every immigrant as they become Canadian citizens. The oath defines the responsibilities, duties and loyalties that each of them acknowledges as a proud new Canadian.

How many new Canadians are aware that our country was built upon the mutual friendship, respect and obligations created by treaties? My ancestors, and others' ancestors, signed these treaties as a basis for shared understanding of how we could coexist. In Canada, that means that we are all treaty people, and we are all in this together.

In the famous words of Martin Luther King, Jr., “We may have all come on different ships, but we're in the same boat now.”

On Cape Breton Island, where I am from and whose communities I represent, immigration to Canada is not an abstract national statistic. It is fundamental for our future. My constituents rely on immigration for a strong local economy, which is facing the mounting twin pressures of an aging workforce and an exodus of young Cape Bretoners. Put simply, my riding needs immigration to thrive, to keep local businesses selling goods, to fill local businesses' workforces and to generate a tax base to fund local services. In fact, for every 1,000 new immigrant families choosing to settle in Cape Breton, our communities will directly generate 73 million dollars' worth of new expenditures. This is important money being spent in Cape Breton.

In 2019, Cape Breton University had the third highest number of international students among all universities in Atlantic Canada. When these students were polled, 88% of respondents were planning on applying for post-graduate work visas, and 35% of these respondents would like to open their own business in Cape Breton. These are new Canadians, drawn to Cape Breton, who want to continue to live, work and put down roots on our island. I welcome them.

I welcome new Canadians just as 400 years ago, on the south shores of Nova Scotia, our Mi'kmaq Grand Chief Henri Membertou welcomed French newcomers to Port Royal. Our grand chief took the French settlers under his wing and showed them how to survive and thrive in their new surroundings. Many other indigenous leaders across Canada created alliances with newcomers all across this great land we call Canada today.

It is important to create awareness of our shared history and how indigenous peoples helped shape our great country. Within the Canadian Constitution, we recognize three distinct groups: first nations, Inuit and Métis. Reconciliation with indigenous peoples remains a central priority for the government, and we will continue to move forward as a committed partner.

It is time to acknowledge the contributions that indigenous people have made in building a strong, inclusive Canada. It is time that we create awareness of our shared history in Canada, and the fact that our country was based on principles of harmony and co-existence, and that we are stronger when we work together.

The Truth and Reconciliation calls to action are important to guiding Canadians along the journey of reconciliation. With 94 calls to action in mind, we strive to create more awareness and a stronger, more united Canada.

This brings us to the changes that the government has proposed to the current wording of the oath of citizenship. With this bill, our government is addressing one of the Truth and Reconciliation calls to action that pertains to immigration, refugees and citizenship candidates' mandate.

Call to action number 94 calls on the Government of Canada to amend the oath of citizenship, to add reference to including treaties with indigenous peoples. Our consultations with national indigenous organizations clearly indicate that the phrase “treaties with indigenous peoples”, as recommended by the commission, can be expanded to be respectful and inclusive of all indigenous peoples.

Immigration, Refugees and Citizenship Canada has consulted with other government departments and national indigenous organizations on the wording of the oath of citizenship. Therefore, to address the commission's call to action, as well as commitments made in the 2019 Speech from the Throne, and the hon. Minister of Immigration, Refugees and Citizenship's mandate letter, the bill would modify the wording of the oath of citizenship as follows:

I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.

The revised text of the oath uses wording that recognizes a broad range of rights held by indigenous people. Any changes to the oath of citizenship require amendments to the Citizenship Act, and are subject to the parliamentary process.

As mentioned in the minister's mandate letter from the Prime Minister, the government is committed to completing legislative work on changes that reflect the Truth and Reconciliation Commission's calls to action. A great deal of work has been done by the commission, from coast to coast to coast, with thousands of indigenous Canadians. The TRC calls to action are an important blueprint for reconciliation in Canada. This is the fundamental reason why we propose these changes today.

Let me close with these thoughts for my hon. colleagues to consider.

The histories of indigenous people in Canada are rich and diverse. Since time immemorial, meaning since before oral or written history, indigenous people have welcomed new Canadians. The story of Canada is the story of first nations, the story of Inuit and the story of Métis.

Indigenous people helped create the Canada we know and love today and will have an important part in the role of Canada in the future.

I would impress upon my hon. colleagues that we need to take this opportunity to both acknowledge our country's past and move toward a future of renewed relationships with indigenous people based on the TRC calls to action. The changes to the citizenship oath would be an important step in this pursuit.

Through this and other actions, all Canadians can continue to move forward together on this journey of reconciliation so we can leave a proper legacy for future generations.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:55 p.m.
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Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Madam Speaker, I rise on a point of order. I wanted to be sensitive and not interrupt the member during his speech, but it would appear the member is rising in the House to speak without wearing a tie, which I believe is in violation of the Standing Orders. I would like to leave it to you to determine that.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:55 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I thank the member for raising this matter.

As stated in the House of Commons Procedure and Practice, third edition, Bosc and Gagnon:

While the Standing Orders do not prescribe a dress code for Members participating in debate, Speakers have ruled that all Members desiring to be recognized to speak at any point during the proceedings of the House must be wearing contemporary business attire. Current practice requires that male Members wear jackets, shirts and ties.

Therefore, it does not prescribe that; however, it has been the practice and past precedent.

That being said, I notice that the member for Sydney—Victoria is wearing a jacket and a shirt, as well as what I believe is a traditional beaded medallion. Based on past precedents of members wearing such traditional garments, I am inclined to allow the member to continue his speech or continue to answer questions and comments at this point.

Questions and comments, the hon. member for Berthier—Maskinongé.

Citizenship ActGovernment Orders

February 24th, 2020 / 12:55 p.m.
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Bloc

Yves Perron Bloc Berthier—Maskinongé, QC

Madam Speaker, I thank our tieless colleague for his speech.

All joking aside, as pointed out in the speeches by my Bloc Québécois colleagues, our party agrees with the substance of the bill, that is, the need for greater recognition for indigenous nations. However, we have also pointed out that there are other nations that are not mentioned in the oath. We could be on a slippery slope if we start listing things, since someone is inevitably forgotten.

Do our Liberal colleagues not feel any unease, especially considering the reference to the 1982 Constitution? Everyone in the House knows that Quebec never signed it. I think it is very nice and co-operative of us to want to agree to the requests. We will always put our principles ahead of quarrels.

I would like to hear our Liberal colleagues' thoughts on this. Do they not feel a little uncomfortable about this?

Citizenship ActGovernment Orders

February 24th, 2020 / 1 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Madam Speaker, it is important to recognize the Constitution. There were many first nations who were a part of the dialogue moving forward in determining the Constitution. My father was a legal adviser for the Mi'kmaq grand council and he advocated for section 35. Within section 35 they recognized three nations: first nations, Inuit and Métis. That is important for us moving forward. It was also important that section 35 recognized that these laws were the supreme law of Canada as part of section 52.

When we are looking at treaties and inherent rights, we must make sure we are understanding that what we are recognizing is that this country agreed to peace, friendship and coexistence as a founding principle of the Constitution. Moving forward, that is important for all of us to remember and recognize.

Citizenship ActGovernment Orders

February 24th, 2020 / 1 p.m.
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Conservative

Kyle Seeback Conservative Dufferin—Caledon, ON

Madam Speaker, is the member opposite aware of exactly how many recommendations have been followed from the Truth and Reconciliation Commission? If he is not aware, it is nine. It is nine in five years. That is about 2.25 per year. If we extrapolate that, it will take another 38 years for these recommendations to be implemented. This is one of the simplest things that could have been put forward and it did not even accord with the recommendation, which was four words.

On justice matters, I want to point out that only one of 18 justice recommendations has been put forward by the government. Would it not make more sense for the House to be debating, for example, recommendation 37? It states, “We call upon the federal government to provide more supports for Aboriginal programming in halfway houses and parole services.”

Why does the government pick the quick and simple calls to action and not the tough ones that will make a real difference?

Citizenship ActGovernment Orders

February 24th, 2020 / 1 p.m.
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Liberal

Jaime Battiste Liberal Sydney—Victoria, NS

Madam Speaker, I believe that all across Canada the Truth and Reconciliation Commission is a blueprint for reconciliation. However, within that blueprint, it is not just the federal government doing its part.

I was a treaty education lead for five years before I became an MP and I can guarantee we looked at the calls to action. In Nova Scotia, in every grade, every class and every school they are beginning to learn the history of indigenous people as put in section 10 of the TRC calls to action.

I was also part of the Aboriginal Sports Circle. It is looking at implementation of calls to action 87 to 91, which speak to sport.

It is happening all across Canada. Not just the federal and provincial governments, but also sports bodies, schools and other jurisdictions across Canada are looking at these calls to action and recognizing these are important blueprints to move forward on reconciliation.

Our government is doing its part. We are taking those steps toward reconciliation. It is important we continue to do so step by step or action by action.

Citizenship ActGovernment Orders

February 24th, 2020 / 1 p.m.
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Liberal

Randeep Sarai Liberal Surrey Centre, BC

Madam Speaker, I would like to acknowledge that we are on the traditional territory of the Algonquin nation.

The story of indigenous peoples in Canada has a history that stretches far into the past, well before the arrival of European newcomers to Canada.

Indigenous people have a fundamental role in Canada's past and are a strong pillar of our society. These are words people will hear at many citizenship ceremonies across Canada. Taking the oath of citizenship is a vital step in the process of becoming a Canadian citizen. It is recited as the final step to becoming a Canadian citizen. During the ceremony, participants accept the rights and responsibilities of citizenship by taking the oath of citizenship, after which they become a Canadian citizen and receive a certificate of citizenship.

I have had the privilege of attending many citizenship ceremonies in Surrey and welcoming new groups of Canadians to this great land. This bill is particularly important in Surrey where the largest urban indigenous population in British Columbia lives and welcomes new Canadian neighbours who have made their home in the city. It is important for both new Canadians and those who are born here to learn about indigenous peoples and their history.

Bill C-6, an act to amend the Citizenship Act regarding the Truth and Reconciliation Commission of Canada's call to action number 94, proposes to change Canada's oath of citizenship to include clear reference to the Constitution, which recognizes and affirms the aboriginal and treaty rights of first nations, Inuit and Métis people.

The proposed amendment to the oath reflects the Government of Canada's commitment to reconciliation and a renewed relationship with indigenous peoples based on recognition of rights, respect, co-operation and partnership. The proposed amendment is part of the government's ongoing response to the calls to action of the Truth and Reconciliation Commission. The changes are an important and necessary step in advancing Canada's broader agenda for reconciliation and strengthening the country's valued relationship with indigenous peoples in Canada.

The government's proposed amendment of the citizenship oath would allow new Canadians to fully appreciate and respect how indigenous peoples are an important part of Canada's history and identity. The new citizenship oath would also reflect our expectations that new Canadians demonstrate an understanding of indigenous peoples and their constitutional rights.

There is no relationship that is more important to the Government of Canada than the one with indigenous peoples. Together, Canada and indigenous peoples are continuing to forge a renewed relationship based on the recognition of rights, trust, respect and a true spirit of co-operation. That is why across the country Canada and indigenous peoples are working together to close the quality-of-life gap between indigenous and non-indigenous people.

Important progress has been made. The last three budgets have provided $16.8 billion in new funding for indigenous peoples, an increase in planned spending in 2020-21 of 34% over 2015, but there is still much work to do. Budget 2019 represents the next step in the ongoing path towards reconciliation and a better future for indigenous peoples and everyone.

This bill is especially important to me as I sat on CIMM, the citizenship and immigration committee, for four years, and in this Parliament, I currently sit on the international trade committee. For the first time in any of Canada's free trade agreements, a general exception was incorporated to ensure the government is able to fulfill its legal obligations to indigenous peoples in section 35 of the Constitution Act, 1982, and other self-government agreements.

Consultation with indigenous communities during the CUSMA negotiations was one of Canada's top priorities. To make sure that indigenous people's trade interests would be protected, the CUSMA includes language that recognizes the importance of more engagement with indigenous peoples.

The CUSMA preserves Canada's traditional reservations, exceptions and exclusions in multiple areas, including cross-border trade in services and investments, natural resources, the environment, and state-owned enterprises. By promoting indigenous entrepreneurship and business, the government will help first nations, Inuit and Métis people fully contribute to and share in Canada's economic success. This is a critical part of advancing reconciliation and self-determination.

All children in Canada deserve a real, fair chance to reach their full potential no matter where they live. By continuing to work collaboratively with first nations and Inuit partners, the government is working to eliminate barriers to accessing quality health care and culturally relevant social supports that children need to succeed. Distinctions-based funding for post-secondary education will also help first nation, Inuit and Métis students better access post-secondary education and succeed during their studies.

The government is also taking action to help communities reclaim, revitalize, maintain and strengthen indigenous languages and sustain important cultural traditions and histories. This includes the passing of Bill C-91, the Indigenous Languages Act, last year, which protects 90 living indigenous languages spoken in Canada.

While the path to reconciliation is long, the government will continue to walk with first nations, Inuit and Métis people in its actions and interactions. As I mentioned, the proposed changes to the oath we are talking about today are an important and necessary step in advancing Canada's broader agenda for reconciliation with indigenous peoples in Canada. It demonstrates to new Canadians, and in fact to all Canadians, deep respect for indigenous peoples and recognizes that the histories of first nations, Inuit and Métis people are a vital part of Canada's fabric and identity.