Bill C-71

An Act to amend the Citizenship Act (2024)

This enactment amends the Citizenship Act to, among other things,
(a) ensure that citizenship by descent is conferred on all persons who were born outside Canada before the coming into force of this enactment to a parent who was a citizen;
(b) confer citizenship by descent on persons born outside Canada after the first generation, on or after the coming into force of this enactment, to a parent who is a citizen and who had a substantial connection to Canada before the person’s birth;
(c) allow citizenship to be granted under section 5.1 of that Act to all persons born outside Canada who were adopted before the coming into force of this enactment by a parent who was a citizen;
(d) allow citizenship to be granted under section 5.1 of that Act to persons born outside Canada who are adopted on or after the coming into force of this enactment by a parent who is a citizen and who had a substantial connection to Canada before the person’s adoption;
(e) restore citizenship to persons who lost their citizenship because they did not make an application to retain it under the former section 8 of that Act or because they made an application under that section that was not approved; and
(f) allow certain persons who become citizens as a result of the coming into force of this enactment to access a simplified process to renounce their citizenship.

Citizenship Act

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, the heart of the question is this. Bill C-71 would effectively make Canada's immigration law, particularly for the class of what we call lost Canadians, charter-compliant. It would mean that family members who have not been able to pass their citizenship to their children because their children were second generation and born abroad would have those rights restored.

These are not new rights. These are citizens who should never have lost those rights, per the Superior Court of Ontario. We are not creating a new class of citizens. We are restoring this class of citizens, who were unjustly and unconstitutionally penalized. It would mean that children would not be born stateless. It would mean that families would not be separated. It would mean that people would not face deportation because of this unconstitutional law.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, desperate NDP members have been supporting the government for the last two years and are making a disaster out of immigration in Canada. How can they sit here and talk about better immigration when they made a mess out of immigration law in Canada? The results are showing for every Canadian.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, the very member who said no to my motion has asked this question. This very member was part of the Conservatives who created this unconstitutional law, which said that some Canadians are less Canadian than others. They are the very same Conservatives who had been told by the courts that their law was unjust.

It is time for the government and all parliamentarians to bring in a law that is charter-compliant. That is where I stand.

[Luc Thériault, Bloc, Montcalm, QC]

Madam Speaker, when I read the outline of this bill, I thought that there was no way we would dither and debate this for long, because there is still a pressing need to correct an injustice. I do not see how anyone could justify waiting to correct an injustice.

That is why I was very surprised to see the Conservatives say no just now to the motion that would have allowed us to move quickly to correct these injustices.

What does the member think of this refusal?

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I think it is shameful, because justice delayed is justice denied. It has been 15 years already. Canadian families have suffered from this punitive, unconstitutional law created by the Conservatives, and now they want to delay it even further. We have debated this ad nauseam. I have lost count of how many times I have made speeches on lost Canadians.

It is time to act, and it is shameful that the Conservatives will not do what is necessary and what is right.

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

Madam Speaker, yes, indeed, and I recall attempts by the hon. member for Vancouver East to put this through by unanimous consent before we adjourned for the summer. One would have thought that reflection over the summer might have changed the automatic chorus of nays from across the aisle, because this is a matter of restoring rights to Canadians, not inventing new rights and not expanding a class of people. It is a matter of fairness and justice, and I lament the fact that the quite consistent efforts with real integrity from the member for Vancouver East have been thwarted here this evening.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I want to thank the Greens, Bloc members and the Liberals. We all stood together to say that we have to do this in a non-partisan way. Let us make sure that we restore the rights of Canadians. The only party standing in the way of that right now is the Conservative Party.

[Lisa Marie Barron, NDP, Nanaimo—Ladysmith, BC]

Madam Speaker, I want to thank my colleague, the member for Vancouver East, for all of the work she has been doing on this. It is incredibly disappointing to see that the actions of the Conservatives, which began before the summer, are continuing. We know that it is vital work for us to restore the rights of Canadians.

For the Conservatives, unfortunately this is a trend. They voted against provisions that would have rectified the unconstitutional second-generation cut-off amendments. They then, as my colleague mentioned, filibustered the bill for 30 hours at committee. They punted third reading debate eight times.

As the member said, actions speak so much louder than words. I wonder if the member can share her thoughts on why the Conservatives are saying one thing to families yet doing something very different in the House of Commons.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, the simple answer is that the Conservatives want to mislead families. In fact, the leader of the official opposition, in a reply to family members urging them to take action to fix this injustice, said that the Conservatives supported passing Bill S-245. However, what did they do? They did everything they could to delay and obstruct its passage, to the point that they are even refusing to have the bill come before the House for a third reading debate and vote.

They are misleading Canadian families. They are pretending that they stand for justice. They are pretending that they stand for the rights of Canadians and treating all Canadians equally. They do not. It is the very opposite of what they say and who they claim they are.

[Bardish Chagger, Liberal, Waterloo, ON]

Madam Speaker, I appreciate the comments the member has shared, and I especially acknowledge the work that Don Chapman has done. I remember working for the former MP for Kitchener—Waterloo, Andrew Telegdi, and they had many conversations. I also take the point that this has been a long time coming and it is important that we get it done.

I would like to ask the member about a private member's bill, Bill S-245, which I understand was sponsored by a Conservative member, and the Conservatives' continuous approach to not see it debated or come to a vote. What I find challenging in regard to that piece of legislation, which the government bill would rectify, is that the majority of members in the House of Commons helped to expand the scope of it and the Conservatives rejected that. The Conservatives tend to believe that there should be two classes of citizens in Canada. They tend to believe that only those who think like them should have the ability to advance.

I would like to hear the member's comments on why the Conservatives did not want to see this bill go to committee so that we could debate and advance it or at least call the question.

[Jenny Kwan, NDP, Vancouver East, BC]

Madam Speaker, I would also like to acknowledge Don Chapman, and, of course, the family members who took the matter to court and the legal team that fought this issue so we can now have this rectified.

The Conservatives, on eight occasions, moved the debate for third reading on Bill S-245. They did it in 2023 on October 16, October 25 and November 6, and then in 2024 on January 29, February 15, March 22, April 10 and May 1. That is their record. They moved it eight times. What does that tell us? It tells us that they do not support ensuring that Canada ends the practice of having two classes of citizens.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I will be sharing my time with the member for Vaughan—Woodbridge.

I am pleased to rise in this chamber today to give some more context to the proposed legislation to amend Canada's Citizenship Act.

I would like to begin by acknowledging that we are gathered today on the traditional and unceded territory of the Algonquin Anishinabe people. I would also like to recognize that indigenous peoples have been here since time immemorial. The contributions they have made in this country in the past, present and future have been and will continue to be significant. It is our responsibility to continue to work toward reconciliation in coordination and collaboration with indigenous people each and every day.

Being Canadian means taking steps to tackle inequality and injustice within our society. We do this not only through our words but, more importantly, through our actions. Bill C-71 proposes amendments to the Citizenship Act in response to issues raised in both Parliament and the courts. These changes would restore citizenship to the remaining lost Canadians, individuals who either could not become citizens or lost their citizenship due to outdated legislative provisions. While previous amendments helped many, a small cohort of lost Canadians remains. The legislative amendments outlined in Bill C-71 would help lost Canadians and their descendants regain or obtain citizenship. They also address the status of descendants impacted by the Harper Conservatives' first-generation limit.

The revised law would establish clear guidelines for acquiring Canadian citizenship by descent. Once this legislation is enacted, the harmful first-generation limit will no longer apply, allowing Canadian citizens born abroad to pass their citizenship to their children, provided they can demonstrate a substantial connection to Canada. A Canadian parent born outside of the country will be able to transfer citizenship to their child if they have lived in Canada for a cumulative total of three years before the child's birth. These changes would result in a more inclusive and fair Citizenship Act and would right the wrongs of the previous Conservative government.

Additionally, the new legislation would continue to reduce the differences between children born abroad and adopted by Canadians and those born abroad to Canadian parents. Any child adopted overseas by a Canadian parent before the law takes effect would be eligible for the current direct citizenship grant for adoptees, even if they were previously excluded by the first-generation limit. Once the law is in place, the same criteria will apply to children adopted by Canadian citizens abroad. If the adoptive parent born outside Canada can show a substantial connection to Canada, the adopted child will be eligible for citizenship.

Bill C-71 would restore citizenship to those who have been wrongly excluded and would establish consistent rules for citizenship by descent going forward. These updates build on the work done by the Standing Committee on Citizenship and Immigration on Bill S-245, further refining the proposals and more comprehensively addressing the recent issues raised by the courts.

Being a Canadian citizen is a privilege that we should never take for granted. In fact, we should all advocate as strongly for our right to citizenship as the lost Canadians have done. Canadian citizenship represents more than just legal status. It embodies an ongoing commitment and responsibility.

What does it mean to be Canadian? There is no right answer to this question, and that is one of the great things about our country. Since Confederation, many diverse people have chosen Canada as their home. With the exception of indigenous peoples, every Canadian's history began with the story of a migrant. As Canadians, we have an ongoing commitment to reconciliation with indigenous peoples as we continue to strengthen our relationship with first nations, Inuit and Métis peoples across the country.

Another commitment we make as Canadians is to come together to build a stronger country for everyone, which is evident in many ways. Canadians spring into action to help those in need, and it is not limited to family, friends and neighbours. We know that our country's future prosperity hinges on our sense of goodwill and our continued collective efforts.

Canadians are also committed to inclusion. We choose to welcome diverse cultures, languages and beliefs, and that makes us unique. We value the experiences that have made our fellow Canadians who they are, just as we value the experiences others have. We respect the values of others as they respect ours. Celebrating our differences helps us learn from one another and better understand the challenges and opportunities that arise in our communities. In turn, we can identify new solutions to the problems we must overcome together.

Though we are diverse, there are certain ties that bind us. In addition to helping others in times of need, Canadians also work to build opportunities for success and seek to share the benefits of that success with our communities. How we become Canadian can vary greatly. As the minister said, it is important to recognize that, regardless of how one becomes a Canadian citizen, we can all agree that we value each and every Canadian equally.

Some of us are lucky enough to have been born in Canada, so we are Canadians by birth. Others are newcomers who choose Canada, and they join our communities and earn their citizenship. They are referred to as naturalized Canadians. Lastly, we have Canadian citizenship by descent, which is when individuals who are born outside of our country to a Canadian parent have their citizenship proudly passed down to them. We hold and value each of these citizens as equal and part of our diverse country.

While we all define how we are Canadians in our own way, Parliament defines who and how we become Canadian through the Citizenship Act. Our citizenship process and the rules should be fair, equal and transparent. Recently, it became clear that the act must be amended to address the 2009 legislative amendments that exclude individuals due to the first-generation limit. The Ontario Superior Court has been clear that the Harper Conservative first-generation limit is unconstitutional on both mobility and equality rights.

Bill C-71 introduces inclusive changes that would address the challenges raised by the courts. This applies in particular to those born overseas to a Canadian parent. Today, we have a choice. We can commit to addressing past wrongs, taking care of those among us who have faced injustice and inequality, being more inclusive, and sharing the benefits we enjoy as citizens with others who deserve to call themselves Canadian too.

As proud citizens of this country, we must uphold the commitments that define us as Canadians. Whether we are citizens by birth or by choice, born in Canada or in another country, we are bound by our shared values, our mutual respect for our country and each other, and our enthusiasm to call ourselves Canadians. Canadian citizenship is a fundamental part of who we are. It unites us, opens up opportunities to us, and challenges us to live up to our values of self-knowledge, service to others, democracy, equality and inclusion.

This legislation would lead to a better Citizenship Act, benefiting not only Canadians, but also anyone who is seeking to understand what it truly means to be Canadian. By restoring citizenship to those who have been wrongfully excluded, we all stand to gain. Our country becomes stronger when we embrace diversity and acceptance.

I am thankful for the members' attention to this crucial piece of legislation.

[Ziad Aboultaif, Conservative, Edmonton Manning, AB]

Madam Speaker, there is a level of desperation in the NDP members and the Liberals that is continuing to take place. Why would the hon. member not tell Canadians about the mess that he and the government have made out of the immigration law in Canada? Why would he not tell Canadians the sad stories about how the mismanagement of immigration has caused Canadians a lot of suffering at all levels, including cost of living, housing and everything else? He should tell Canadians that story.

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

Madam Speaker, I gave a speech on the subject of immigration, citizenship specifically, and how to better protect the citizenship of people who rightfully deserve it. The member chose to go off topic to talk about what Conservatives always want to talk about, which is basically anything but the content before the House. I will refrain from engaging with him on that because there will be another time for that subject.

I want to highlight that, although I was born in Canada, neither of my parents were. My mother immigrated from Italy; my father immigrated from Holland. When they came to Canada, their parents brought them here because they shared the Canadian dream. They saw an opportunity to raise their children after leaving war-torn countries after World War II. I am a product of that. I am here. I was born in Canada, and I had opportunities because they chose to do that.

We need to make sure we preserve those opportunities for future Canadians, in particular for those who rightfully deserve that citizenship. That is what this piece of legislation would do. It would correct the mistakes, in particular the mistakes of Stephen Harper and that member's government from 2009, so that those people could properly get the citizenship they deserve.

[Andréanne Larouche, Bloc, Shefford, QC]

Madam Speaker, we recognize that this bill is a step in the right direction.

That being said, I would like my colleague to talk to us about the fact that, like many laws in this federal system, it is often a real headache. Although this is a first step in the right direction, should we not instead overhaul the Citizenship Act, which is so complex and such a headache? I would like my colleague to say a few words about that.