moved that Bill C-249, an act to amend the Citizenship Act (right to citizenship), be read the second time and referred to a committee.
Mr. Speaker, it is a great privilege for me to rise in the House today to speak on behalf of my private member's Bill C-249, an act to amend the Citizenship Act concerning the right to citizenship.
The bill amends the Citizenship Act so that a child who is born in Canada after December 31, 1994 will not have Canadian citizenship if at the time of his birth neither of his parents is a citizen or a permanent resident. However such a child will be granted citizenship when one of his parents becomes a citizen or a permanent resident and an application to that effect is made by the authorized person on behalf of the child.
This matter relates to concerns from my own constituency of Port Moody-Coquitlam and was further underlined in discussion as a member of the citizenship and immigration committee. Current events and policy descriptions made me increasingly aware of the weaknesses of and the necessity for change within the immigration system in Canada. Along with many other Canadians I can no longer passively accept the choices made for us by governments whose agenda for establishing policy in this area is dictated not by the realities of our country but too often by political and special interest agendas.
Canada's immigration and citizenship policies must work for the benefit of both the country and the new Canadian. It is of utmost important that both interests be served. Policies that hurt the country hurt the future of all citizens of that country.
It is from this conviction that Reform's policy springs. In order for the country to best serve the interests of both new Canadians and the Canadian born, the economic needs of the country must be given highest priority when setting targets and policy for immigration. We must come down hard on criminal abuse and put the safety of the Canadian community as the uppermost priority. We must deal with the reality that Canada has one of the most open immigration policies in the western world, in fact all the world, and that very openness has led to some of the worst abuses.
Where does the issue of my private member's bill fit into all this? Because of our open and subsequently abused immigration policy, especially in the area of visitors' visas and refugee claimants, the pride of citizenship in Canada may be the casualty. We have developed a category of citizenship by convenience for those who can easily circumvent the system.
Visitors can take advantage of citizenship of convenience. They can arrive with the sole purpose of having their child born in Canada to have Canadian citizenship. On our present visitor applications no questions are asked about such medical conditions. Visitors can stay in Canada for up to six months and need only legitimize their stay by naming a contact they wish to visit, or even the fact they have travelled before and have not yet visited Canada. There is an agreement that they will not work and must guarantee that they will return to their home country.
The system is established on the basis of trust and honesty and in turn Canada's hospitality has been abused. The possibility for an actual citizenship by birth industry becomes obvious where a fee for service is demanded for accommodations and arrangements for childbirth in Canada.
Under the present rules for a visitor who has a child born in Canada the child automatically becomes a Canadian citizen. Let us take, for example, the issue of the so-called passport babies reported in the Vancouver Sun in November 1993. They reported that the number of babies born to non-resident mothers in B.C. has been between 246 and 333 a year for the last three years according to B.C.'s vital statistics division. These numbers may be much higher as they do not take into account those maternity cases that only appear to be resident because of a B.C. address on their hospital records.
The Toronto Sun in January of this year reported that there were about 400 such births of non-residents last year in Canada. It reported that immigration officials find the trend disturbing and are now calling for changes to ensure the parent is either a citizen or a landed immigrant. The United States and Britain are clamping down on the practice and are tightening up their citizenship laws. One immigration worker was quoted in the article as saying that it was like buying Canadian citizenship when these mothers came here for the sole purpose of having their children born here.
The potential for abuse is wide open on this issue. It concerns all of us who place pride of ownership in the citizenship we hold so dear. The citizenship of convenience is available to those who are able to afford it by personally paying the cost of $1,500 a day for hospital coverage as well as the cost of staying in Canada for, say, a month previous to the birth. In other words Canadian citizenship can be bought for the price of $30,000. Here is yet another privilege for the wealthy and their provision for the future of their children. Might I add it may not have been such a great coincidence that the first child born in Vancouver in 1994 was to a mother without any permanent status in Canada.
I conducted a telephone poll in my riding of Port Moody-Coquitlam this spring on the issue of whether or not legislation should be introduced. Over two-thirds of the respondents said that the act must be changed to stop this type of abuse and the trivializing of Canadian citizenship.
Why is it important that Canadian citizenship not be given out so freely? Why should those who are born here, regardless of their parents' status or their intention to stay in the country, be deemed Canadian? As I have examined the issue it has become increasingly clear to me that there are very real consequences that relate to the very rights and privileges of citizenship we as Canadians hold dear.
Citizenship should come not only with a list of rights. It should also come with responsibilities which help make us better citizens and our country one of the very best to live in. This sentiment was repeated time and time again in the spring of this year as the citizenship and immigration committee conducted hearings on possible amendments to the act. It was on my initiative that the committee pursued the issue of citizenship of convenience by birth, and the committee unanimously agreed with the proposals.
New Canadians seldom take their place in Canada for granted. The freedoms we enjoy and the wealth and beauty of the land should make us all uniquely proud to be Canadians, but the pride in the land comes from participation and shared responsibilities for the future of our families and our communities.
As another witness so eloquently put it, nationhood is built around shared values, a shared history, indeed a shared commitment to the country. This calls for responsible interaction and a commitment to being in this country. It is a willingness to become part of the community and to be committed to the pursuit of learning together what it takes to make the country great.
In the case of passport babies there is no commitment to the country and there is no fulfilment of the responsibilities of citizenship. There is no growing up in the country or understanding what it takes to be a good citizen. There is no commitment to the country until the child possibly chooses to return at, say, age 18. Is the original motive simply to sponsor their parents when they arrive? The whole essence of the intrinsic value of citizenship is rendered meaningless and in the long term society is not strengthened or furthered in its advancement in terms of the contribution of its members.
Furthermore at any point in time as a citizen that child is entitled, after a minimal residency requirement, to complete medical coverage and full education rights as well as all other Canadian social programs. In the extreme case these children could grow up to a life of crime in their home country and then decide to come to Canada. Because of their birthright citizenship, there would be nothing we could do to prevent them from coming here even though it would be obvious they would not share the values or responsibilities we cherish.
For those whose parents use our freely given citizenship as only a means of security or convenience in the future there is no shared contract or demonstration that they are committed to our country. It is a convenient and easily obtained commodity for the future value it may hold. This is a flagrant abuse of the generous visitor system.
Preservation of the integrity of Canadian citizenship became part of another consideration within the refugee determination system. The complexity of the system in our country has led to abuse by those who make refugee claims as a means of circumventing the immigration system. We have created an inland refugee system in Canada where the process of determining the claim of status can take up to three or four years before a final decision is rendered. During that period life goes on and of course babies are born.
How can a rejected refugee claimant be asked to leave in a final determination when one or two children born here in Canada have citizenship? Those rendering the decision must take into account the fact that the children are Canadian and are entitled to all the accompanying rights and privileges of Canadian citizenship.
Let us examine for a moment the process so we can appreciate the factors that go into the delay that creates the dilemma. First, let us consider a bogus refugee claimant, an individual with absolutely no right to legal status but with intent to use the system. He or she is interviewed by a senior immigration officer to assess grounds for a claim. They are given at least one month to supply supporting data and more time is often requested. Most would have no such original documentation with them so they must create it.
They are also entitled to legal representation. On request legal aid will be provided to them. At that stage those claimants who fall into predefined categories are given an expedited hearing. All applicants are provided with a scenario for the qualifying categories of expedited hearing. The claimants then can tailor their claim according to what the government has given them as an outline.
A full hearing is held for others. There is usually a two to three month wait before the hearing can be convened. To this point the claimant has usually been in Canada for at least six months. The hearing takes place before a two-member board and both must agree on a decision not to grant refugee status, that is only one member must be convinced to grant refugee status.
If the claim is rejected a written statement of reasons must be given and these reasons will be examined by the Federal Court of Appeal. If rejected by the Federal Court there is a further review by the department on humanitarian and compassionate grounds. The entire process can take two, three or even four years.
It is a fact that almost 80 per cent of refugee claimants eventually end up staying in Canada, even though only 35 per cent of claimants fit into the UN definition for convention refugee. Upon inquiry it seems impossible to garner data on how many of the 80 per cent are affected by the added consideration of having had children born in Canada.
It is unfortunate there are those who choose to abuse the very system designed to protect them. The vast majority of visitors and refugee applications are not seeking to use the present rules to their own end. The bill fully recognizes the need for provision for children born to bona fide participants in the due process of our refugee system. They will be fully recognized as citizens upon application after their parents have obtained their permanent status.
One consideration remains to be addressed. Some accommodation in law, perhaps through a simple amendment to the bill, is necessary to avoid a condition of statelessness for those born on Canadian soil. In conclusion, the present system that grants automatic citizenship to all those born in Canada regardless of their parents' residency status invites the intentional abuse of a shrinking and unpredictable world.
Immigration should provide access to those who choose to strengthen the fabric of their new home. The value of our citizenship and the value of our great country will be the sum of the values and the sense of belonging of its proud and prosperous people.
The practice of citizenship of convenience of birth must be addressed by this House. To thus raise the integrity of our citizenship process is to impute added pride and purpose to all Canadians, past, present and future.