Mr. Speaker, let me begin by saying that the member for Kitchener—Waterloo is certainly correct that this country cannot tolerate two classes of citizenship. He is correct to say that we all need to be equal.
It is astounding that I would sit here in the House today and listen to this debate as we begin a new millennium. The United Nations for years has indicated that Canada is the country to which others in the world want to come, to become Canadians and to live here in prosperity, in peace, in harmony and to be treated equally which they may not have had from where they came. To sit here today and listen to the debate among members of the government side has really opened my eyes.
As I indicated earlier, I immigrated to Canada from a wartorn country in 1955 when I was six years old. After living here for 45 years, to debate whether my status as a Canadian citizen is the same as that of my son or my wife who were born in this country is almost unbelievable.
Just this debate alone is grounds to do something about this bill, for the committee to look at it and to make the appropriate amendments. I do not think the country can tolerate the point that was raised by the member for Kitchener—Waterloo that in essence we will differ because of the due process that is to be followed by Canadians that are born in this country and Canadians by choice. If it differs, then we must do something about it. I believe it will certainly not unify the country.
We applaud and brag about this being a multicultural nation. There is no doubt in my mind that this is going to be a very divisive issue. As I say, I cannot believe I am sitting here today hearing this debate on citizenship and what the bill means to our citizenship.
I would like to quote from the Canadian Alliance policy on our respect for the equality of all citizens before and under the law. Policy number 61 states:
We affirm the equality of every individual before and under the law and the right of every individual to equal protection and equal benefit of the law without discrimination.
In other words, if we attain the status of a Canadian even if we were not born in this country, then we are treated like Canadians one hundred per cent. There are not two classes. We are all first class Canadians who all get the same rights. This is the debate that this occurring in the House today.
The legislation will repeal and replace the current Citizenship Act passed in 1977. Bill C-16 has been tabled with very few changes from previous Bill C-63. The legislation makes several changes to the current act with the intention of providing more clearly defined guidelines, updating sections, replacing current procedures, adding a new administrative structure and increasing the minister's power to deny citizenship.
Bill C-16 has been touted as the first major reform with respect to citizenship in more than 20 years and an attempt to modernize the act in order that it might better reflect the true value of Canadian citizenship. However, while some parts are more clearly defined than in the previous act, Bill C-16 does not constitute a major modern reform. As I said earlier, if it were a modern reform, we certainly would not be debating the status of citizenship as indicated in the bill. Critical areas have been neglected while others have been altered in a negative way.
The minister received recommendations of the government dominated Standing Committee on Citizenship and Immigration in 1994. Again I reiterate from former debate and as members of this House have indicated, the witnesses that came before the committee made many recommendations that were not taken up in the drafting of this bill. In fact the government has taken over five years to prepare this legislation which still does not address the committee's key recommendations.
On citizenship at birth, clause 4(1) of Bill C-16 states in effect that all children born in Canada, except children of foreign diplomats, will continue to automatically acquire Canadian citizenship regardless of their parents' immigration or citizenship status.
On that point, there are many countries which Canadians come from that have only one status. They do not have dual citizenship. On a personal note, I asked China whether it had dual citizenship and it does not. In other words, if I ended up getting booted out of this country, where would I go? Actually I do not know.
On the conditions for granting citizenship, the presence in Canada is covered in clause 6(1)(b). Bill C-16 defines the term permanent resident more concisely than does the current act. The existing legislation may be loosely interpreted. Some individuals have been found to be residing in Canada because they had a bank account or owned property in the country without having actually resided on Canadian soil.
Further to that point, in the debate we heard about people who were unwanted, who perhaps had criminal records and came into Canada in a dishonest manner. I do not think anyone objects to getting rid of those people. That is not really the issue here. The question being debated is citizens, outstanding citizens, law-abiding citizens who have made a contribution to this country. Their rights need to be respected.
Bill C-16 calls for 1,095 days of physical presence in Canada in the six years preceding application for citizenship. Bill C-16 does not provide any mechanism for determining when applicants arrive in Canada and when they leave nor is it planned to develop one.
Penalties for bureaucratic delays are found in clause 6(1)(b)(i). The current act allows individuals whose claims for refugee status are approved to count each full day of residency in Canada from the date of application as a half day toward the total needed for their citizenship application. Bill C-16 removes this provision so that applicants will now be penalized for the system's bureaucratic delay even when delays are no fault of the applicant.
On the issue of adoption outside Canada, clause 8 of Bill C-16 will reduce the distinction between a foreign child adopted by a Canadian citizen and a child born in Canada. Currently a foreign child adopted by a Canadian citizen must first be admitted to Canada as a permanent resident before citizenship can be granted. It is currently ensured that the child is sponsored and undergoes medical, criminal and security checks. This bill will remove these requirements. The new legislation will make it easier for adopting parents to gain Canadian citizenship for the child if the adoption occurs outside Canada.
Bill C-16 stipulates in order to allow citizenship to be granted to the minor, the adoption must create a genuine parent-child relationship, be in the best interests of the child and cannot have been intended to circumvent Canadian immigration or citizenship law. Under clause 43(1) defining the terms of this relationship are left to the minister's discretion. The clause “in the best interests of the child” was added to Bill C-63 at the last minute, although it had not been recommended or requested by any witness and retained in Bill C-16.
On the issue of redefining the family, clause 43 of Bill C-16 grants the minister the power to specify who may make an application under the act on behalf of a minor and to define what constitutes a relationship of parent and child for the purposes of determining entitlement to citizenship under any provisions of the act.
On the issue of patronage, clauses 31 and 32 of Bill C-16 maintain the tradition of patronage appointments. All citizenship judges will be reclassified as citizenship commissioners, however, all but their ceremonial duties and other duties as requested will be taken over by departmental officials.
On the issue of language requirements to gain citizenship, clause 6 of Bill C-16 states that the applicant will have an adequate knowledge of one of the official languages of Canada. No provisions are included on how this is to be judged or by whom.
Clause 34 deals with the citizenship oath. There appears to be little public input on the content of the new oath in Bill C-16. The minister prepared the oath on her own. This could have provided an ideal opportunity for a nationwide patriotic debate. I agree with many of the members who have said that it is a very significant, historic family occasion when people make their oaths of allegiance to the country. This is probably the biggest thing that will happen in their lives outside of getting married and having a child. It is very, very important and Canadians need to have input.
The minister's first legislation should have been aimed at fixing a failed immigration system rather than citizenship, especially considering that the Citizenship Act refers to the Immigration Act in several places. More than five years after the Liberal controlled standing committee made its recommendations on citizenship, the minister re-tabled legislation which delivers little of what was recommended.
The legislation reconfirms that any child born in Canada, except to a diplomat, is automatically a Canadian citizen. This is contrary to what the standing committee, the CIC department, the official opposition and many Canadians support. The minister has shown arrogance and lack of respect for parliament by proposing that critical changes be made by her behind closed doors and by retaining patronage appointments even after job positions are eliminated.
Bringing this piece of legislation before the House at first reading when it had reached report stage in a previous session is an admission on the part of the government that Bill C-16 requires further examination. However, the minimal changes that have been made to the bill easily could have been made during report stage. The minister should focus on fixing our immigration system.
In conclusion, the debate I have heard today certainly tells me that a lot of work needs to be done on the bill. The big point which I need to re-emphasize, and the member for Kitchener—Waterloo made this a key point, is that this country cannot tolerate two classes of citizenship. We all want to be first class. There is only one status.