Evidence of meeting #67 for Citizenship and Immigration in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.
A recording is available from Parliament.
5:10 p.m.
Conservative
Brad Redekopp Conservative Saskatoon West, SK
Thank you.
When Ms. Kwan said she had backed away from some things in here—I think she said it was with the grandparents—can you explain a little bit what was originally intended by her as far as the grandparents and what is not happening?
5:10 p.m.
Liberal
The Chair Liberal Salma Zahid
Just before we go to Ms. Girard, Mr. Dhaliwal, were you saying something?
5:10 p.m.
Liberal
Sukh Dhaliwal Liberal Surrey—Newton, BC
Thank you, Madam Chair.
Madam Chair, this is a very powerful—
5:10 p.m.
Liberal
The Chair Liberal Salma Zahid
Okay. We'll have Ms. Girard first and then we'll come to you.
Ms. Girard.
5:10 p.m.
Director General, Citizenship Policy, Department of Citizenship and Immigration
Madam Chair, if the question is about why grandparents are not included, it's for consistency with the previous amendments and approach with regard to extending citizenship to the natural-born kids of Canadians in the second generation and beyond. For those, it's where the parent meets the connection test.
Here, through this measure, it's making that same avenue available for international adoptees. It would be for consistency where the parent meets the connection test.
5:15 p.m.
Liberal
Sukh Dhaliwal Liberal Surrey—Newton, BC
Thank you, Madam Chair.
My questions for the officials will be about whether this is true today, because this is a very thoughtful vision that Madam Kwan is bringing in. It reads:
For the purposes of paragraph 3(1)(b), subsection 3(2) and paragraphs 3(3)(a.01) and (c), if a child is born after the death of either of their parents, the child shall be deemed to have been born before the death of that parent.
I think this is an excellent addition, Madam Chair, because I have seen cases coming day after day to our constituency office where people have, by marriage, spouses who were citizens here. Their spouses now, because their relationship doesn't exist after death, are not allowed to come in here. In fact, this is important for the children.
I would like to know if that practice is still effective today or not.
5:15 p.m.
Director General, Citizenship Policy, Department of Citizenship and Immigration
I'm sorry, Madam Chair. Could the member repeat the last part of the question?
5:15 p.m.
Liberal
Sukh Dhaliwal Liberal Surrey—Newton, BC
Thank you, Madam Chair.
With this amendment that Madam Kwan is trying to bring in, is this not possible today under the act?
5:15 p.m.
Director General, Citizenship Policy, Department of Citizenship and Immigration
That's correct. There is no access to citizenship for international adoptees when it's a case where the second generation was born abroad or beyond.
5:15 p.m.
Conservative
Brad Redekopp Conservative Saskatoon West, SK
Thank you.
That paragraph was the other one I was a bit confused about. Can you explain to me exactly what proposed subsection 4(2) that Mr. Dhaliwal just read is doing?
5:15 p.m.
Director General, Citizenship Policy, Department of Citizenship and Immigration
Madam Chair, I'm going to ask my colleague to speak to that point.
Thank you.
May 29th, 2023 / 5:15 p.m.
Allison Bernard Senior Policy Analyst, Department of Citizenship and Immigration
Thank you, Madam Chair.
This provision you're asking about is specifically related to when a child is deemed to have been born before the death of that parent. It will ensure that someone today who would benefit and get citizenship under this bill if they were born before the death of that parent will be recognized as if the parent were alive at the time of their birth. They will get access to citizenship.
They don't need a living parent at the time they come forward and apply for citizenship. We will look at their parent's substantial connection, even if they are not living at the time when they come forward. This is consistent with previous legislative changes in 2009 and 2015, so that they can use their parent's substantial connection to become a citizen automatically.
5:15 p.m.
Liberal
5:15 p.m.
Conservative
Brad Redekopp Conservative Saskatoon West, SK
This is to make sure that I understand.
A parent adopts a child.... I'm sorry. The adoption is in process and then the parents die. Is that the scenario we're talking about?
I'm still a bit confused about exactly how this would apply and who this would apply to. Maybe an example would help. Could you give me an example?
5:15 p.m.
Senior Policy Analyst, Department of Citizenship and Immigration
It would apply in that scenario. It's not only for adoptees. It would be the case for natural-born children to Canadians and, as you just mentioned, the example where there is an adoption and the parent dies during the adoption process or something unfortunate like that. It's both instances.
5:15 p.m.
Conservative
Brad Redekopp Conservative Saskatoon West, SK
The reason that it's written this way—“the child shall be deemed to have been born before”—is just to match the wording of the legalese in other cases. Is that a fair assessment?
5:15 p.m.
Director General, Citizenship Policy, Department of Citizenship and Immigration
That's correct.