Citizenship and Immigration Committee on Feb. 11th, 2008

[Robert Carrier, Bloc, Alfred-Pellan, QC]

That seems to address recommendation 12, which follows, relating to production of a straightforward information sheet about DND 419. You have just said that it will be replaced by another form, which is provided for in the bill.

Is that correct?

[Mark Davidson]

The department has already come forward with an information sheet on the significance of the 419. We've been working very closely with the Department of National Defence as well. Their website also contains clarification of the documentation.

But yes, to be as clear as possible, Bill C-37 will resolve this issue in its entirety.

[Robert Carrier, Bloc, Alfred-Pellan, QC]

Which form did you say will replace it?

[Mark Davidson]

Individuals who want to obtain proof of citizenship would apply for a certificate of Canadian citizenship. Whether or not they had a 419, whether or not their parent had registered their birth in that period of time, whether or not that parent was a father or a mother, the individual would be able to obtain that certificate of Canadian citizenship.

[Robert Carrier, Bloc, Alfred-Pellan, QC]

I am writing down your answers.

I was in attendance for the final drafting of the unanimous report. Recommendation 13 relates to the case of Mr. Taylor, who made several applications to your Department to be granted citizenship. We asked that he be granted citizenship as soon as possible, irrespective of the bill. The process can be quite lengthy before a bill goes into effect.

Do you intend to act on that recommendation?

[Mark Davidson]

Mr. Taylor is today a citizen of Canada. He received a subsection 5(4) grant of citizenship in the fall and he obtained his citizenship a few weeks ago in Vancouver. A number of the members of the committee were present, including Madame Faille.

[Robert Carrier, Bloc, Alfred-Pellan, QC]

Fine, thank you. That answers my question.

If I have any time remaining, I would like to share it.

[The Chair, Conservative, Norman Doyle]

You have approximately a minute.

[Thierry St-Cyr, Bloc, Jeanne-Le Ber, QC]

I just want to add one thing.

The purpose of reviewing the recommendations was to receive your feedback and find out whether they have been implemented. At the same time, this is a message to the government. They are saying that we have to abide by the unanimous report, but it works both ways. We cannot rely on a single recommendation of the unanimous report to claim that it is unanimous and that it is being acted on; it has to be the same thing for all the recommendations.

I understand that you don't want to get involved in politics, but we want it to be noted that when we reach a unanimous agreement, it works both ways, whether it is in the Standing Committee on Citizenship and Immigration or another committee.

[The Chair, Conservative, Norman Doyle]

Okay. Thank you.

Mr. Komarnicki is next for five minutes, please.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Thank you, Mr. Chair.

I have a couple of points. One of the more notable aspects of Bill C-37 is the first generation born abroad cut-off for citizens to be passed on by descent. That is a big issue.

This cut-off was supported by this committee in a unanimous report. The minister, in her remarks to this committee, stated that she would be guided by a number of principles in drafting this bill. Two of them are that citizenship status should be clear, stable, and not require an application; and that Canadian citizens should have a demonstrated attachment to Canada. This attachment to Canada should apply not only to parents of a child before the child's birth, but also by both parent and child after the child's birth.

There is a process, I understand, that is easily used if the Canadian parent wishes their second-generation child born abroad to have citizenship. The process maintains the principle that an attachment to Canada should be demonstrated by both the parent and the child.

Can you clarify for the committee what this process is and how it respects these principles?

[Mark Davidson]

Thank you, Mr. Komarnicki.

The process is one that we've previously spoken about, and it was raised at your meeting last week with other witnesses. It's the process by which Canadian citizen parents can sponsor their dependent children to come to Canada as permanent residents under the family class in IRPA.

They have a window of 22 years while the child is a dependant--and that window can be even longer than 22 years--to sponsor them. As I've said earlier, that sponsorship can be done overseas while the family is living outside of Canada. The sponsors do not have to meet any minimum income requirements, and the child would be exempt from the requirements to meet the excessive demand medical test. That's an exception to the rule that applies to dependent children of individuals sponsored by Canadian citizens.

Once they arrive in Canada as a permanent resident, they would also have an expedited path to citizenship. There's an expedited mechanism for citizenship for minor children contained in paragraph 5(2)(a) of the Citizenship Act. It allows them to become a Canadian citizen almost as soon as they arrive in Canada. They have to fill in an application, but they do not have to meet any residency tests.

Again, this was raised last week in your discussion with other members.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Thank you, Mr. Davidson.

I know there may be some other questions, but I think this would be an appropriate time for me to propose a motion.

I propose that on Wednesday, February 13, at 3:30, the witnesses here from Citizenship and Immigration appear before this committee, and that we immediately proceed to clause-by-clause consideration of Bill C-37 until consideration is completed.

[The Chair, Conservative, Norman Doyle]

Is there any debate on the motion?

Ms. Chow.

[Olivia Chow, NDP, Trinity—Spadina, ON]

No, I'm fine. I thought I was voting.

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

Doesn't the parliamentary secretary have to give notice of 48 hours?

[The Chair, Conservative, Norman Doyle]

No. That motion can be proposed.

Is there further debate on the motion? Do you want to hear the motion?

[Robert Carrier, Bloc, Alfred-Pellan, QC]

In French.

[The Chair, Conservative, Norman Doyle]

In French? I think I'll forgo that.

The proposed motion is that on Wednesday, February 13, at 3:30, the witnesses from Citizenship and Immigration appear before the committee, and that the committee then go into consideration of clause-by-clause until the bill is completed.

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

You missed the last words.

[The Chair, Conservative, Norman Doyle]

Okay, well, you can see why I've missed it. I'll have the member--

[Ed Komarnicki, Conservative, Souris—Moose Mountain, SK]

Until consideration is completed.

[The Chair, Conservative, Norman Doyle]

Until consideration is completed.

All in favour of the motion?

[Andrew Telegdi, Liberal, Kitchener—Waterloo, ON]

Hold it. I have just one question. Are we going to hear the other witnesses who show up on Wednesday?

[The Chair, Conservative, Norman Doyle]

Well, all of the witness list has been exhausted, except one--