An Act to amend the Citizenship Act (2024)

Sponsor

Marc Miller  Liberal

Status

Second reading (House), as of Dec. 12, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-71.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

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

September 16th, 2024 / 6 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I genuinely wish I could repay some of the kind words the member said, but I do not really understand the argument he is making. We are debating this bill on the first day. My understanding is that this is the first day the bill is being debated. I am using my rights as a member, the rights that flow from my status as a member of Parliament, to make arguments about the bill, to highlight that the central change proposed by the bill is not one I agree with and to state the reasons why.

He asks why I do not just vote for it then. No. If I have made arguments that he has acknowledged are substantive and serious arguments about why the bill has significant problems, it would be fairly natural that I would vote against it. In terms of the timing of the debate, I do not know how many members want to speak. I wanted to speak. There may be others.

As he may be hinting at, yes, there are some provisions of this bill that I agree with. I agree with the adoption provisions, for example, which I would be happy to speak about more if there is an opportunity. However, the issue of the unlimited passing of citizenship on from generation to generation for people living outside of Canada is, I think, problematic.

Citizenship ActGovernment Orders

September 16th, 2024 / 6:05 p.m.


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Bloc

Mario Simard Bloc Jonquière, QC

Mr. Speaker, I would like to give my colleague the opportunity to clarify or even qualify his thoughts.

Earlier, in a question he asked the member for Winnipeg North, he said that, in his opinion, just because someone thinks they are Canadian does not mean they are truly Canadian. Defining oneself as a Canadian does not make one a Canadian.

People often mistakenly think that sovereignists like me have a restrictive view of citizenship. I do not define myself as a Canadian or identify as such. My leader has often said that all people who live in Quebec and who define themselves as Quebeckers are de facto Quebeckers. I found it strange to hear my colleague say earlier that just because someone lives on the land and identifies as a Canadian, they are not necessarily a Canadian.

I would like him to clarify his thoughts and tell us whether he has an inclusive interpretation of Canadian citizenship.

Citizenship ActGovernment Orders

September 16th, 2024 / 6:05 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I was responding to the member for Winnipeg North, who was speaking specifically about the individuals this bill pertains to, individuals who may be the grandchildren of Canadian citizens whose family has lived outside of the country for generations. The member for Winnipeg North said these are people who think of themselves as Canadians.

My point in response to this would be that for a person thinking of themselves as Canadian, if they are not Canadian according to citizenship law, their own self-identification should not be the decisive matter. It should be the laws around citizenship that necessarily prescribe parameters.

I might wish to identify as Swiss, but I am not Swiss. I do not live in Switzerland. I do not, as it happens, even have any Swiss ancestry. It would be unreasonable to try to advance the idea that my self-identification with the nationality was the decisive point, which was what the member for Winnipeg North implied. He said that these are people who think of themselves as Canadians, and I am simply saying that is not the point.

Citizenship ActGovernment Orders

September 16th, 2024 / 6:05 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, this morning when the minister rose to speak to this legislation, he did not give a number for how many potential new Canadians would be created through the legislation. When I asked him the question, he did not have a response; he dodged it. This was a question asked to government officials back when Bill S-245 was being debated at the Standing Committee on Citizenship and Immigration. The question was asked repeatedly and the government could not provide an answer.

Is the member not concerned that there would be an administrative burden imposed upon the government? There could be thousands, tens of thousands or 100,000 new applicants requesting proof of citizenship documents and then passport documents, travel documents to Canada and other such services from the Government of Canada. We already have a backlog of over two million applications in different regular streams of immigration to Canada, but also for temporary visa streams to Canada. The minister was incapable of explaining. His words were that there were “logistical planning” issues.

Does the member believe this would pose a greater burden on government services? There would be a greater cost associated with it. There is no definite number for how many Canadians would be impacted. Therefore, it would be irresponsible and reckless to vote for it.

Citizenship ActGovernment Orders

September 16th, 2024 / 6:05 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I want to recognize our shadow minister for immigration, who does excellent work in this place, in committee and everywhere else he goes. To his point about this imposing a huge burden, of course it would. Given the huge administrative burden that would be associated with this proposal, given that it is not something we have to do, the question then is why we would do this. Why would a government put forward legislation to allow citizenship to be infinitely passed from generation to generation among those who do not live in Canada?

When we think about all of the other priorities and challenges that Canadian government resources could be invested in, the idea that we would go through this proposed process, that the government would put that forward, does not make a lot of sense to me and I think would not make a lot of sense to many other Canadians.

Citizenship ActGovernment Orders

September 16th, 2024 / 6:10 p.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, Bill S-245, which was the original legislation, led to Bill C-71 partially because of the Ontario Superior Court decision. The Ontario Superior Court decision in Bjorkquist states specifically, in the 260 paragraph series, that one of the reasons the judge found the current legislation non-compliant was because of all the administrative burdens, delays and incompetence of government officials.

In fact, in several cases, it was found that out of the sample that the judge took, 50% of the files had errors in them, including sending the wrong Canadian citizenship documents to the wrong family, errors in permanent residency and errors in when a person became a citizen of Canada. It goes on and on, and because of those errors, the judge considered it non-compliant.

Therefore, one of the things we did at committee is introduce an amendment to the original legislation that is not in Bill C-71, which is to block a person from having their citizenship restored or gaining citizenship by descent if they are facing current criminal charges in another country. The Liberals, at the time, voted down that amendment. I thought it was a very reasonable amendment. It would make sure nobody facing criminal charges or who had been charged and convicted of a criminal offence would be able to get Canadian citizenship through this process.

I wonder if the member could reflect on what has happened over the last six to 12 months with other temporary and permanent visa applications, where we have seen the government fail to do proper security screening.

Citizenship ActGovernment Orders

September 16th, 2024 / 6:10 p.m.


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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, my colleague is absolutely right that we have seen, just in general, such incompetence from the government when it comes to immigration, or such abuse of process.

I did some advocacy on a case. It was a particularly sad situation of international students who were basically victims of fraud. They were able to come into Canada because both they and the government were deceived by that fraud, and then the government proposed to deport them four or five years after the fact.

I hope I get another question from the government, in particular from the former parliamentary secretary for immigration, who seemed to be reacting in various ways to my speech but has missed the opportunity to pose a question on this matter.

Citizenship ActGovernment Orders

September 16th, 2024 / 6:10 p.m.


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Liberal

Bardish Chagger Liberal Waterloo, ON

Mr. Speaker, I am pleased to rise in the House today to speak to Bill C-71. I would like to sincerely thank those who spoke before me and defended the interests of Canadians who lost their citizenship due to the complexity and shortcomings of previous legislative amendments to the Citizenship Act.

Today, we will take the next step toward fairness and inclusion.

For me, being Canadian means taking steps to tackle inequality and injustice within our society. We do this not only through our words but also, and 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.

In 2007, this place was studying the matter of lost Canadians and Canadian war brides. In March 2007, a witness testified at the CIMM committee and shared how it all started when her brother, by then retired from the Canadian navy, went to get a passport in 2004. That is when she and her brother learned that her family had been stripped of their Canadian citizenship. She thought she was alone, but she soon learned that there were many people like her. They had family members who were World War II veterans and war brides and had learned that they were no longer Canadian citizens. She shared how Melynda Jarratt of Fredericton, the founder of the Canadian War Brides website, put her in touch with Don Chapman and the lost Canadians. Don worked closely with a former member of Parliament, the Hon. Andrew Telegdi, which is how I learned so much about this file.

Today I have listened to a mostly fruitful debate. We know where each party in this chamber stands; all agree that the bill needs to go to committee, but for that to happen, it needs to be called to a vote. Canadian citizenship should not be a partisan issue.

I did not choose where I was born or whom I was born to, but I am proud that my grandfather chose to come to Canada and that I was born and raised in the Waterloo region. I could not imagine someone arbitrarily taking my citizenship.

The CIMM committee witness also spoke about numerous people she met; they had in common that they were lost Canadians. She also shared some of the reasons Canadians lost their citizenship, including being born out of wedlock or being born on a Canadian Forces base overseas. We can let that register for a second: When a person serving in our Canadian Armed Forces had a baby born on a Canadian Forces base overseas, that child could be stripped of their Canadian citizenship.

Bill C-71 proposes to restore citizenship to the remaining lost Canadians, the individuals who either could not become citizens or lost their citizenship because of outdated legislated provisions. While previous amendments helped many, a small cohort of lost Canadians remains, so lost Canadians and their families launched a constitutional challenge in court of the two-generation citizenship cut-off.

In December 2023, the Ontario Superior Court of Justice ruled that it is unconstitutional for Canada to deny automatic citizenship to children born abroad because their parents also happened to be born abroad. It gave the federal government six months to repeal the second-generation cut-off rule and amend the Citizenship Act.

Several constituents within the riding of Waterloo questioned what this ruling meant. It means that the Ontario Superior Court of Justice struck down Bill C-37, the old citizenship law of Prime Minister Stephen Harper's Conservative government, which prevented parents born outside Canada from passing on their citizenship to children also born abroad. The court ruled that the Conservative bill, Bill C-37, violated these people's rights under the Canadian Charter of Rights and Freedoms, namely, their mobility rights and women's rights, or equality rights.

Today, I hear Conservative members saying that the government should have appealed this ruling. To me, this is telling, and I hope Canadians are watching and seeing their position. The Conservative Party of Canada may have changed their leader several times, but they have not changed who they are or what they believe. They believe in two tiers of citizenship. They support people who agree with them; everyone else does not belong in their vision of Canada. This is appalling and should be very concerning.

My Canada is an inclusive Canada. I respect and value the diversity of people, of perspectives, of experiences and so forth. However, I digress.

In response to the courts, in May, our government introduced Bill C-71, which proposes changes to Canada's citizenship laws that would address the concerns of the court and the constitutionality of the Conservative bill, Bill C-37.

As I mentioned earlier, a small cohort of lost Canadians remains. These lost Canadians launched a constitutional challenge in court of the two-generation citizenship cut-off, and they won. The legislative amendment outlined in Bill C-71 respects the court's decision; it would help lost Canadians and their descendants regain or obtain citizenship. As the independent courts have ruled, that is their right. It would also address the status of descendants affected by the Harper Conservatives' first-generation limit.

The revised law would establish clear guidelines for acquiring Canadian citizenship by descent. After enactment of the legislation, the harmful Conservative first-generation limit would no longer apply. Canadian citizens born abroad would be allowed to pass their citizenship to their children, provided they could demonstrate a substantial connection to Canada. Within the legislation, a Canadian parent born outside the country would be able to transfer citizenship to their child if they 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 Harper Conservative government.

What is more concerning is that, under its new leadership, the Conservative Party continues to support two-tier citizenship in Canada. It is appalling that Conservatives in this place refuse to respect the courts. They refuse to accept that the Conservatives do not get to choose who should or should not have Canadian citizenship. However, this mentality has existed before. It existed with the previous Conservative government, which introduced and passed Bill C-37. At that time, the point was raised that we could make the legislation better. However, the Conservatives refused; thus, the lost Canadians had to accept a small step. We know today that what was passed is unconstitutional legislation. Lost Canadians took this matter to court and won, and that is what brings us here today.

The Conservative opposition repeats the same behaviours. Bill S-245 is sponsored by a Conservative member. This Senate public bill passed the Senate, completed first reading and second reading in this place, and completed consideration at committee on June 12, 2023. Although it should have been called for third reading debate, the Conservatives continue to trade it down so it cannot be called to a vote. Some people will ask why.

To pass a bill while elected, especially as a private member, is a massive privilege. However, do members know what happened? The Conservatives did not get their way. At committee, a bill can be studied and scrutinized, witnesses and experts can testify, members can ask questions and amendments can be proposed. The majority of the members of that committee proposed and passed amendments. I believe all did so except for the Conservative members. However, because the Conservatives did not support them, they refused to see Bill S-245 be debated at third reading. To me, that is disgusting, as well as disrespectful of the work we do in this place.

I am not surprised, as I have seen the Conservative Party in action for a long time. I know the Conservatives love to change their leader, but they refuse to change their ways. Let us remember what I mentioned earlier: Conservatives support two-tier citizenship, and they only support those who think as they do. That is not an inclusive Canada.

I would also like to mention that Bill C-71 would continue to reduce the difference between children born abroad and adopted by Canadians and children born abroad to Canadian parents. It should be noted that 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. With the law in place, the same criteria would apply to children adopted by Canadian citizens abroad, meaning that, if the adopted parent born outside Canada could show a substantial connection to Canada, the adopted child would be eligible for Canadian citizenship. Bill C-71 would restore citizenship to those who have been wrongfully excluded and establish consistent rules for citizenship by descent going forward.

Our citizenship process and rules should be fair, equal and transparent. Recently, it has become clear that the act must be amended to address the 2009 legislative amendments, which excluded individuals because of the first-generation limit. The Ontario Superior Court has been clear: The Harper Conservatives' first-generation limit is unconstitutional in terms of both mobility and equality rights.

Bill C-71 introduces inclusive changes that would address the challenges raised by the courts on citizenship by descent. This applies in particular to those born overseas to a Canadian parent. For example, former senator and lieutenant-general Roméo Dallaire was born in the Netherlands to a Canadian father and a Dutch mother. He grew up in Montreal. When he was 24, he was a Canadian Army officer stationed overseas. Because of the rules in Canada's Citizenship Act, which have since been amended, he found out when he tried to apply for a passport that he was not actually a Canadian citizen. He was, in fact, a lost Canadian.

Today we have a choice. We can commit to addressing past wrongs, take care of those among us who have faced injustice and inequality, be more inclusive and share 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, by choice or by descent, whether we were born in Canada or in another country, we are bound by our shared values, by our mutual respect for our country and for each other. This matter is very close to my heart. It is something that I have known for a really long time.

We have the ability today to see legislation advance. It is okay for us to disagree. It is okay to propose amendments. This government, more than any government in our history, has accepted amendments at committee, on the floor of the House of Commons and from the Senate. That is important to do. Getting legislation right is important because we are here to serve Canadians. Today, we have the ability to actually see the legislation advance. Perhaps we need another day of debate. That is okay. I wanted to speak to the legislation as well, and it is important for people to discuss and raise points that will actually improve this legislation and raise any concerns.

However, what is concerning is that the Conservatives today keep talking about how many Canadians will benefit from this. The reality is that these people are Canadian. The court is telling the government and every member here that these people are entitled to their Canadian citizenship. The Charter of Rights and Freedoms protects them. They should have the ability to be Canadian, and the courts are ruling on that. Therefore, the legislation is really about righting the wrongs of the past. We can move the legislation to committee and debate on amendments, but what will be clear is that something of a consensus is being achieved. I heard from the Bloc and the NDP. I heard from and have spoken with Green members. I have heard the points they are raising. I know where the Liberals stand. The Conservatives are actually not the majority of voices today. Just as they did for Bill S-245, they are making sure that we cannot call it to a vote. They will most likely slow it down in this place. They will read their scripted speeches. They will probably try to move some kind of tactic, or whatever else. Once it goes to committee, I am sure there will be a few tantrums thrown there as well.

However, what is important is that we do this right. As I mentioned in my speech, Canadian citizenship should not be a partisan issue. We have a choice in our country. We can actually ensure that we are not following the lead of other countries. We can do democracy well. We can think about the people who fought in uniform for us to have our rights and freedoms. With rights and freedoms come responsibilities, and I hold those responsibilities very near and dear to my heart. When my grandfather immigrated, he would never have imagined that his granddaughter would put her name on a ballot, let alone be elected.

To represent the good people of the riding of Waterloo is truly an honour and a privilege. To hear their voices and represent the diversity of their perspectives is something I take seriously day in, day out.

I have been here since the day started and have been very impressed with a number of points raised in today's debate. I have really appreciated that even with differing views within our political parties, at the end of the day, we have all been talking about Canadian citizenship and the importance of respecting the independent judicial system.

I believe we should have the question called sooner rather than later. I hope the committee is anticipating this legislation so we can hear from experts and witnesses who can help us ensure this legislation is right. It is the time to do it.

I look forward to receiving some good questions and having the emergency debate that will take place after we adjourn for the day.

The House resumed from September 16 consideration of the motion that Bill C-71, An Act to amend the Citizenship Act (2024), be read the second time and referred to a committee.

Citizenship ActGovernment Orders

September 17th, 2024 / 1:10 p.m.


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Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, I want to start by sharing that I put my phone on airplane mode to make sure that, if any interference were to in, it would not impact the interpreters. I just wanted to put that on the record as we go through the process of ensuring that our interpreters can do the important work that they do. I am on airplane mode in the hope that there will be no feedback.

I appreciate that we are back to debating Bill C-71 and able to have this conversation. I was on House duty all day yesterday and had the privilege of being a part of the debate. Unfortunately our time came to an end, and I was looking forward to continuing that debate today. Having observed and listened to the emergency debate that took place last night, I was impressed with the calibre of the debate and the discussion taking place in the House of Commons. It demonstrates that we are able to rise above and do important work.

Today, as I finish off my time, I want to come back to Bill C-71 and the fact that this is legislation that has been introduced because the Ontario Superior Court of Justice has ruled that these individuals, also known as lost Canadians, are entitled to their citizenship. These are people who were always eligible for their citizenship but were under the previous Conservative government that advanced Bill C-37. At that time, there were many members in this place, of whom I was not one, but I did get to work closely with some of them. They had advised the Conservative government of the day that we could do better, saying that the legislation, yes, would correct some spaces and some issues, but there would be some people who would be left behind. They advised that they should do it right, but no, that is not the Conservative way. We saw some of those tactics again this morning. It is either the Conservative way, which is helping Conservatives, or, if we do not believe in the Conservative mentality or the Conservative mantra, we are not Canadian enough.

Here is breaking news for Conservatives: Conservatives do not get to determine who is and who is not a Canadian. The Canadian Charter of Rights and Freedoms protects our rights and freedom. People sacrificed their lives for us to be able to have these rights and freedoms and with rights and freedoms come responsibilities. As the Ontario Superior Court of Justice ruled, Bill C-37, which former prime minister Harper and the Conservative government of the day passed, was unconstitutional. The Superior Court of Justice primarily named mobility rights, as people have the right to come and go, and equality rights, namely women's rights, as they are rights and freedoms that are protected in our country.

I am not going to go down the rabbit hole of why Conservatives do not support women and the fact that they are constantly trying to threaten a woman's right to choose, along with all these battles we have already had.

Citizenship ActGovernment Orders

September 17th, 2024 / 1:10 p.m.


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Some hon. members

Oh, oh!

Citizenship ActGovernment Orders

September 17th, 2024 / 1:10 p.m.


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Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, I was hoping to not get the commentary from the other side, but here it comes.

I will just stay focused on the fact that this legislation is supported by a majority of members in the House. Conservatives actually sponsored a Senate bill along the lines of this bill. Members of this place expanded the scope of it, so Conservatives did not want to see that Senate public bill come to third reading.

However, Bill C-71 is government legislation. We could advance this and send it to committee. Let us discuss the amendments. Let us get it right.

The last thing I have to say is that, 50 years ago on this day, my father became a permanent resident of Canada. Today is September 17. It is a big day. I just want to remind my father, Gurminder Singh Chagger, that I love him and I am really happy that he chose Canada.

Citizenship ActGovernment Orders

September 17th, 2024 / 1:15 p.m.


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Conservative

Marilyn Gladu Conservative Sarnia—Lambton, ON

Madam Speaker, I do have a concern with Bill C-71. My concern has to do with the measure that would allow a Canadian citizen to have their children be Canadian citizens if they were not born in the country, and even their children be Canadian citizens, in perpetuity.

What would happen would be that we would then have all these people who do not live in Canada and are Canadian citizens. Elections Canada allows each person who is a Canadian citizen who lives outside the country to choose on their honour system where they want their vote to count. We cannot identify how many people this could affect, and we know elections sometimes get won by maybe 100 votes or less. Therefore, how is the government planning to address this part to make sure that we maintain our democratic purity?

Citizenship ActGovernment Orders

September 17th, 2024 / 1:15 p.m.


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Liberal

Bardish Chagger Liberal Waterloo, ON

Madam Speaker, I will just say to anybody who is actually paying attention to the debate and reading the legislation, that there is a substantial connection test to ensure that people do have strong ties to Canada.

I would like to take this opportunity to do a public service announcement. We just had a Conservative member of Parliament stand up concerned that Canadians might exercise their right to vote. The Conservative history has always been to suppress the vote. If they can give Canadians a reason to stay home and not vote, they know they will do well in the polls. Former prime minister Harper had two minority governments, and then Canadians trusted him with a majority. Canadians quickly learned what Conservatives do with power. They will abuse it time and time again.

Canadians, these people, have the right. As the Ontario Superior Court of Justice has ruled, they are Canadians, they should be Canadians, and we should encourage them to advance Canadian values and participate in the democratic process. Nobody, especially the Conservatives, should be scared of a Canadian exercising their rights and freedoms.

Citizenship ActGovernment Orders

September 17th, 2024 / 1:20 p.m.


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Bloc

Sébastien Lemire Bloc Abitibi—Témiscamingue, QC

Madam Speaker, we agree that the current bill comes in response to an Ontario Superior Court of Justice ruling that struck down provisions in the act and put pressure on the federal government.

However, the discussion here concerns a citizenship issue debated in the House over 15 years ago. It affects the lives of Canadians who arrived here after the war, and who could well be over 80 by now. Why was it necessary to wait for the court's ruling? Why did the Liberal government not show some leadership during its nine years in power while this issue was being addressed?

Instead of the current Prime Minister's mandate, we could just as easily say the Harper mandate, or the mandates of previous governments. We have been talking about this issue for decades. Why wait for a court ruling?