Citizenship and Immigration Committee on June 16th, 2009

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

Yes. How many have been granted?

[Rick Stewart]

Unfortunately, I do not have the numbers with me today. I will follow up with the committee.

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

We know from what was said that there were 75 or thereabouts still left behind.

[Rick Stewart]

From the testimony last week?

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

That's right.

[Rick Stewart]

I heard Mr. Chapman's testimony last week.

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

Yes. So is that about the right number? These would be people who have applied and were turned down.

[Rick Stewart]

No. The cases that Mr. Chapman was referring to last week are cases that are in the system and before us at some stage in the process.

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

Do you, by and large, approve these or not? You can't generalize? Surely your department would have.... Is it for half of them you can prove there is undue hardship and the other half you can't?

[Rick Stewart]

I will follow up with the committee.

[The Chair, Conservative, David Tilson]

You know, Ms. Chow--

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

We won't know. Never mind. I won't go there.

[The Chair, Conservative, David Tilson]

--I think you should move on.

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

Yes, I know.

[The Chair, Conservative, David Tilson]

You're putting the witness in a difficult position.

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

Fine.

[The Chair, Conservative, David Tilson]

Thank you.

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

A child of an adopted Canadian born outside of Canada can become stateless because that child was born outside of Canada. How would this child come to Canada if he is stateless and doesn't have a travel document? There's a provision that if they live in Canada for three years, then perhaps they could be granted citizenship. But if they have no right to a passport, how would they come to Canada?

[Andrew Griffith]

Mr. Chair, we do have the provision of providing a single-journey travel document precisely for those situations, to allow people in those situations to come to Canada.

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

I see, but a stateless person would have no rights in the country where he's stateless, nor would he have any rights when he comes to Canada. Would this stateless person's stateless child, born of an adopted Canadian, qualify for OHIP, for example?

[Andrew Griffith]

I'd rather limit my comments more to the citizenship angle.

They could come to Canada. They could be sponsored under the family class as a permanent resident. Then again, given that--

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

In Canada?

[Andrew Griffith]

They can be sponsored as family class members. They'd become permanent residents. Then again, any child under 18 doesn't have the normal residency requirement of three years before he can apply for a grant of citizenship.

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

So I'm this adopted person and my child is left, let's say, in China. I would apply for her to come to Canada to join me. That could easily take a year or two years. Would I be separated from my child for two years? Or do you want her to come here and then I would sponsor this child in Canada, knowing full well--

[Rick Stewart]

You can sponsor the child while you're still overseas as long as you're demonstrating an attempt that you're going to move to Canada to take up permanent residence. In declaring that sponsorship intent, and in submitting a sponsorship application, even if the child is stateless and needs a travel document to be able to travel to Canada, we will issue a single-journey travel document to facilitate the travel to Canada, because the ultimate intent is clear. The intent is to sponsor the child as a permanent resident and put her on that track to permanent residency and citizenship.

As for arrival in Canada, because for a minor who's under the age of 18 the normal three-year window period of waiting to apply for citizenship does not apply, you can apply immediately upon arrival in Canada for citizenship for the child.