Citizenship and Immigration Committee on Feb. 11th, 2008

[Mark Davidson]

That's correct. It's a remedy by which the minister may make a recommendation to the Governor in Council or to the federal cabinet, and they can decide to direct the minister to grant citizenship in deserving cases. In fact, that provision has been used a number of times, particularly in the last year, to resolve some of these anomaly cases, the most notable being that of Mr. Taylor himself, who became a citizen a few weeks ago in Vancouver. In fact, a number of members of this committee were present for that ceremony.

[Dave Batters, Conservative, Palliser, SK]

Excellent.

[Mark Davidson]

Can I just add that this provision will continue under Bill C-37. There's nothing in the bill that alters in any way the provisions of subsection 5(4) of the Citizenship Act.

[Dave Batters, Conservative, Palliser, SK]

Excellent.

I have one more question. Some criticisms of the bill argue that some citizens will have more rights than others to pass along Canadian citizenship to their children born abroad. One example that I've heard compares an immigrant, a foreign-born but naturalized Canadian, and a border baby--a Canadian born in the U.S., for example--who will be considered first generation born abroad. This is not a legitimate concern, is it?

[Mark Davidson]

I think this is based on a misunderstanding of what happens with naturalized Canadians, or what happens when immigrants choose to come to Canada and become citizens. It's at that moment that their citizenship is sort of set in stone, and it's from that period on that we would look at their children born abroad.

I've heard this described as these immigrants being the first generation born outside of Canada, and in fact, that's the fallacy. Their action of becoming a citizen, of choosing Canada once they come to Canada, eliminates their prior birth outside of Canada. So in that sense they are treated the same as individuals born in Canada, who become citizens from that action in Canada.

[Dave Batters, Conservative, Palliser, SK]

Excellent.

I have no further questions. For my remaining time, I'd like to pass to Mr. Khan. I know he has--

[The Chair, Conservative, Norman Doyle]

Madam Grewal has her name down here.

[Dave Batters, Conservative, Palliser, SK]

I'm sorry, Mrs. Grewal.

[The Chair, Conservative, Norman Doyle]

You have two minutes.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

Thank you, Mr. Chair.

Thank you to all for your time and your presentations.

According to Minister Finley, Bill C-37 will deal with about 95% of those people who either lost their citizenship and shouldn't have, or who never had it in the first place but should have. So what about the other 5%? Could you please let us know about that?

[Mark Davidson]

As I said in response to the previous question, there may be individuals who have a deserving claim to citizenship that can be resolved through this provision of subsection 5(4), the special grant of citizenship from the Governor in Council.

[Nina Grewal, Conservative, Fleetwood—Port Kells, BC]

I see.

Please, can you also address the issue of the DND 419, and the RBA--registration of birth abroad--cards, and how Bill C-37 deals with these issues?

[Mark Davidson]

Thank you.

Yes, this is a matter that has come up a number of times in the past, and actually is a point that the Royal Canadian Legion had asked us to consider. In fact, there's also a reference to the issue in the standing committee's recent report.

Bill C-37 will in effect wipe the slate clean from this issue by making it so that these individuals will be treated as citizens, not only going forward but also retroactively to their birth outside of Canada, in such a way that the nuance around the DND document, or the registration of birth abroad document, becomes moot. So in the vast majority of these cases, they have an RBA--they have a registration of birth abroad--but in the few cases where they do not, Bill C-37 will, as I said, make the issue moot.

[The Chair, Conservative, Norman Doyle]

Thank you.

Thank you, Mrs. Grewal.

Mr. Karygiannis, five minutes, please.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Thank you.

I will be tabling a letter from Mr. Taylor for the record. It shows that he is not very pleased with what is happening with Bill C-37. If that could be dealt with, it would be fine.

[The Chair, Conservative, Norman Doyle]

We will distribute it. Since it is not yet in French, we will have to wait.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Do you stand by the numbers you gave us last Friday?

[Mark Davidson]

Yes.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

So between 1977 and 2007, there were 368,000 first generation born abroad.

[Mark Davidson]

Which figure are you referring to?

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Second page, at the bottom, 368,520.

[Mark Davidson]

As I've said, these are the individuals we are aware of. I am not suggesting that it covers the total population.

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Okay, it covers the ones who have come forward.

I've sent over to you a first-generation analysis. Between 1982 and 1989, there were 56,000; between 1990 and 1999, 121,000 and change; between 2000 to 2007, 187,000. This was derived from your figures.

[Mark Davidson]

Yes, but it's based on—

[Jim Karygiannis, Liberal, Scarborough—Agincourt, ON]

Those who have come forward.