Mr. Speaker, I am pleased to have the opportunity to speak to Bill C-63, an act respecting citizenship.
This legislation has been a long time coming. For years Canadians have been waiting for improvements to the citizenship act. As far back as 1987 the government announced plans to bring in needed amendments.
Even when this government was elected in 1993, it announced its intention to overhaul our citizenship laws. It asked for advice from the Standing Committee on Citizenship and Immigration and its report, “Canadian Citizenship: A Sense of Belonging”, was presented to this House in June 1994. This government has now taken almost five years to study and consult some more. What do we have? A few of the key recommendations of the standing committee. We have a bill that fails in many respects.
We all know of the difficulty our courts have with the issue of children born in Canada while their parents are here illegally. Does this legislation put a stop to this abuse by illegal immigrants using this loophole to gain entry to the country? No, it does not. As things stand, we can have terrorists enter this country fighting deportation, perhaps even extradition, and during their time here they can conceive a child. Under section 4(1) of the bill the child acquires citizenship at birth if born in Canada.
Of course there are exceptions to the rule but they are limited to children of foreign diplomats, etc. The exceptions definitely do not cover the children of illegal immigrants, whether refugees or otherwise. This is fundamentally wrong. But just why is it wrong?
It is wrong because it creates a loophole big enough to drive a truck through because the child, when born in Canada, automatically becomes a Canadian citizen. That child has the right to remain in this country. The parents may well be in the country illegally. They may even be highly undesirable. They may even be dangerous criminals or terrorists with dark objectives either within Canada or elsewhere. But when these parents have a child while they are in Canada, they gain an important lever toward their fight to remain here.
Because their child is designated as a Canadian citizen with the right to remain in this country, it is extremely difficult to deport or extradite the parents and thereby deprive the child of those parents. There is usually and quite understandably much public sympathy.
Instead of addressing this obvious problem in the legislation, the minister has chosen to ignore it and hopes it goes away. It will not go away. The problem will continue to plague our courts and the immigration system. Besides being a complete abdication by this government in its responsibilities, it creates unfairness in and severe criticism of our immigration process. All immigrants become tarnished because some are able to beat the system and gain entry through this loophole.
Some potential and highly desirable applicants for citizenship have to wait in line or perhaps are denied entry because these queue jumpers fill our quotas prematurely. It makes much more sense if we limit citizenship to children born in Canada to lawfully landed immigrants. Those children born to parents of questionable status should take the citizenship of their parents at least until the status of their parents is resolved.
I will now comment on section 6(1)(b) of the legislation. It states that citizenship shall be granted to persons who have been lawfully admitted and have been permanent residents residing in Canada for at least 1,095 days. But there is no legislative scheme to measure how to determine whether the 1,095 requirement has been met.
We are all very aware of various examples whereby immigrants enter the country to set up residence only to almost immediately return to their country of origin. They spend little time here as they have significant interests in their home country. They merely want to obtain Canadian citizenship to gain all of its advantages. They want to reserve their Canadian citizenship in case they eventually wish to take up residence in the country. Once again the legislation fails to address this loophole.
Certain individuals are able to take advantage. The result, once again, is that all immigrants become tarnished by the shenanigans of a few. Once again some immigrants fail to gain entry and citizenship because others are able to jump the queue with little intention of taking up permanent residence in the near future, if at all. Again, this is wrong and the minister has closed her eyes to the problem. She must be held accountable.
In more recent years the courts have been fairly inconsistent over this residency requirement. Some judges held that actual physical presence was not necessary. Applicants only had to show a significant attachment to Canada through bank accounts, investments, club memberships, driving licences, etc. Other judges held much stricter adherence to actual residency in the country. This uncertainty in the law seriously impacted the value and validity of our citizenship process. With respect, the amendments as proposed through Bill C-63 do little to address this concern.
I will speak only briefly to section 31 of the legislation. I note that infamous creature known as the governor in council will continue to appoint citizenship judges and commissioners. The government wishes to retain positions with which to employ Liberal party members, benefactors and volunteers. They must be paid off through patronage appointments.
The function of a citizenship commissioner is a relatively simple endeavour at a relatively handsome remuneration. Appointments for a period of up to five years are also very attractive. It almost makes me think about becoming a Liberal but in case anyone misheard me, I said almost. I will now move on to section 43 of the bill. Again we see powers of the governor in council. There was once a time that members of parliament made the laws of Canada. We now appear to be moving closer and closer to merely authorizing the governor in council to take over our responsibilities. We are also moving closer and closer to concealing our laws from our citizens.
Have members ever noticed how much easier it is to research our statutes than it is to research the regulations? Statutes are available individually. They are available through the revised statutes. They are available through the Internet, on CD-ROM and they are in most major libraries. They can be tracked all the way through the legislative process to see just how they are developed.
Regulations are another matter. They come out in the
Canada Gazette
and they can come out at almost any time and as many times as the governor in council decides. They may come out without any comment or input from Canadians. There is not the same public disclosure and participation that occurs with legislation developed through parliament.
Let us look at some of the powers that the minister has reserved for the governor in council. In section 43(b) the governor in council can specify who may make an application under this act on behalf of a minor. Surely this could have been set out within the statute. It would likely include the mother, the father and it would likely include the official guardian if the parents were no longer alive or caring for the child and perhaps it would include other family relatives who are acting in place of the parents. Why do we leave it to the governor in council to make up the rules on who may act on behalf of the child?
In subsection 43(i) it will be up to the governor in council to define spouse for the purposes of the act. Can we not define spouse within the legislation? Do we need it done behind closed doors so that the Canadian public does not see just where this government has decided to take our laws?
There are 301 members of parliament with a budget to operate our parliamentary system that is quite staggering. But here we are merely reallocating our legislating powers to the governor in council. No wonder judges across this land are often eager to step into our jurisdiction and do more than just interpret our laws. When we continually exhibit our disregard for our mandated responsibility, should we expect anything different?
Section 43(j) leaves it up to the governor in council to define what constitutes a relationship of a parent and a child for the purposes of determining entitlement to citizenship. Once again I have difficulty accepting why we cannot be making this determination in parliament. Why does it have to be reserved for the decision of others and why does it end up becoming law through regulation, which does not attract the same level of public scrutiny, comment and participation?
It is for these reasons that I am unable to support this legislation. We have a citizenship act that has been long overdue for change to rectify many of its inadequacies. This new version of the citizenship act does not do that. It is being sold as being new and improved, but I see little in the way of addressing our present failings. The minister should be sent back to try again, but that will not happen.
Far too often we in this place continue to follow the dictates of the Prime Minister's office and pass legislation that does not address the interests and concerns as raised by our citizens, and that is a shame because as time goes on the voice of the people grows weaker and weaker in this place.