Citizenship and Immigration Committee on May 3rd, 2016

[Jenny Kwan, NDP, Vancouver East, BC]

Sorry, Mr. Chair, I just want to speak to this once again. The amendment that I've withdrawn deals with the change pertaining to the Federal Court appeal system, because this matter is now going to be hopefully addressed with new legislation. With that being said, I'm going to vote against this clause, just to be consistent again with respect to the requirement that needs to be changed.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Ms. Kwan.

(Clause 7 agreed to on division [See Minutes of Proceedings])

[The Chair, Liberal, Borys Wrzesnewskyj]

There is a new clause, 7.1, and it's as a result of NDP-15.

Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

This amendment NDP-15, reference number 8213645, removes the power the minister currently has to indefinitely suspend citizenship proceedings to gather more evidence. This provision can indefinitely extend the length of the process, leaving potential citizens under duress as they are stuck in limbo waiting for an undisclosed period of time while knowing that they are being investigated. The organization that made a strong argument before this committee for this change was the Canadian Bar Association.

I think that for a reasonable person following proper due process it is unreasonable to say that you're being investigated and there is no time limit for how long this could occur. Literally this could happen until the day you die, and you're still under investigation because the act as it stands right now allows for indefinite suspension of citizenship proceedings. I think that's inappropriate and I think that needs to be addressed accordingly.

Aside from the Canadian Bar Association, also representing the Canadian Bar Association, individual Chris Veeman made some strong examples to the committee as to why this provision should be rectified. To that end, I move this amendment number 15, reference number 8213645.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Ms. Kwan.

The amendment seeks to amend a section of the Citizenship Act that is not amended by the bill. Therefore, it is the opinion of the chair that the amendment is not admissible.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Chair, I'd like to make a comment with respect to that. I certainly hope the minister would take into consideration the witness presentations with respect to this amendment. I think it is a basic principle that there should be some sort of time period in which someone's citizenship would be deemed to be inadmissible to be applied, and for it not to be indefinite. I'm hoping this will be addressed later on in the fall with, perhaps, new legislation.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Ms. Kwan.

Moving on to clause 8. There are no amendments to clause 8.

Shall clause 8 carry?

[David Tilson, Conservative, Dufferin—Caledon, ON]

On division.

[The Chair, Liberal, Borys Wrzesnewskyj]

On division.

(Clause 8 agreed to on division [See Minutes of Proceedings])

Clause 9. There is no amendment to clause 9.

Shall clause 9 carry?

(Clause 9 agreed to [See Minutes of Proceedings])

Moving to clause 10.

(On clause 10)

There is an amendment, NDP-16, reference number 8222941.

Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

Thank you very much, Mr. Chair.

Amendment 16, reference number 8222941, seeks to extend application of the Youth Criminal Justice Act to the citizenship process.

This amendment is problematic in this sense, as presented in a brief to the committee from the Justice for Children and Youth in which they said:

JFCY’s position is that the Citizenship Act should clearly prohibit the use and consideration of youth criminal justice records in any matter governed by the Citizenship Act, in particular for the purpose of granting or taking the oath of citizenship. Youth criminal justice records and ongoing proceedings before the youth criminal justice court cannot and should not be considered for the purpose of citizenship applications because to do so is contrary to the Youth Criminal Justice Act. It specifically violates the privacy protections afforded to minors by the Youth Criminal Justice Act and is inconsistent with the fundamental purpose of the YCJA .

I think this is a valid point, Mr. Chair. We want to ensure that the Citizenship Act and the citizenship process adheres to the principles and laws under the Youth Criminal Justice Act accordingly.

This amendment seeks to remedy that, Mr. Chair.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Ms. Kwan.

It is admissible. Debate?

Mr. Ehsassi.

[Ali Ehsassi, Liberal, Willowdale, ON]

Thank you, Mr. Chair.

Perhaps I could make a few points with respect to this amendment as it's being proposed by my colleague.

First of all, I assume the rationale in this particular instance is that you would propose to de-link criminality from application for citizenship under subsection 5(2) of the act.

I think it's essential to inform members of this committee that under the current law individuals, including minors, must be free of criminality for at least four years. That's how it currently stands. That having been said, the qualifier is that it's only for serious criminal charges.

Bearing all those points in mind, I see no compelling reason why we should vote for this, so I would vote against it.

[Jenny Kwan, NDP, Vancouver East, BC]

There is one other piece to consider, of course, and that is the issue around privacy protection afforded to minors.

[The Chair, Liberal, Borys Wrzesnewskyj]

Seeing no further debate I will call the vote on the amendment.

[Jenny Kwan, NDP, Vancouver East, BC]

On division, Mr. Chair.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you.

(Amendment negatived on division [See Minutes of Proceedings])

Moving to NDP-17, reference number 8191596.

Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

This amendment seeks to eliminate the bar to citizenship for those charged with or convicted of offences equivalent to indictable offences in Canada.

We heard from a range of organizations, Mr. Chair: the Canadian Bar Association; the Canadian Council for Refugees; Metro Toronto Chinese and Southeast Asian Legal Clinic; as an individual, Peter Edelmann; and Legal Aid Ontario.

Not all justice systems in the world are equal. Most importantly, some countries deal with corruption at various levels of justice and political systems, from local police to national leaders. This can and does lead to unjust charges and convictions. We know of situations as well where charges are politically motivated. For example, individuals in this situation are some of the most vulnerable and barring them from Canadian citizenship is another instance of injustice. The situation should be reviewed on a case-by-case basis, not to say that they should all automatically have access to citizenship.

Some great examples were highlighted in our presentation. I think Mr. Fahmy is a case in point why an automatic exclusion of citizenship would be unfair. My amendment seeks to remedy those kinds of situations.

[The Chair, Liberal, Borys Wrzesnewskyj]

The amendment is admissible.

Is there debate?

Mr. Sarai.

[Randeep Sarai, Liberal, Surrey Centre, BC]

This would result in an unequal treatment of applications. A criminal act committed elsewhere has to have a Canadian equivalent to prevent any misuse or abuse. In the case of Fahmy, I think that would not be a criminal offence in Canada and therefore it would not apply to a situation such as his.

Moreover, I think there are safeguards. The minister has the ability to waive on compassionate grounds.

As long as you haven't had a criminal record for four years, I believe you can get citizenship. There are means to get around that for those who might have had their criminality considered under different circumstances. We have the safeguards and this isn't needed.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Mr. Sarai.

Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

That assumes that in other jurisdictions their criminal justice systems are not without issues or challenges. As we know, that is not the case in some countries. There are issues of corruption, among other challenges. This remedy recognizes that and is not to say everyone should automatically be granted citizenship, but should be considered on a case-by-case basis. I think that's a fair way to proceed, Mr. Chair.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Ms. Kwan.

Seeing no further debate, I'll call the vote.

(Amendment negatived on division [See Minutes of Proceedings])

[The Chair, Liberal, Borys Wrzesnewskyj]

NDP-18 was withdrawn so we will proceed to NDP-19. That's reference number 8223272.

Ms. Kwan.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Chair, this amendment is a companion piece to the issue I raised earlier that was defeated with respect to amending the act to address and accommodate the issues around the Youth Criminal Justice Act. I won't belabour the point but rather ask that the committee consider the comments that I made earlier relating to that amendment.

[The Chair, Liberal, Borys Wrzesnewskyj]

Thank you, Ms. Kwan.

Debate?

Mr. Tabbara.