Mr. Speaker, I am pleased to have this opportunity to speak to Bill C-343, which started out in February 2002 as Bill C-428.
This bill is intended to remedy a serious problem for those affected by it. The first Citizenship Act, in 1946, specified that a child of minor age automatically lost Canadian citizenship when the custodial parent became a national or citizen of another country. A child born here who would normally have Canadian citizenship lost it because his or her parents became nationals or citizens of another country.
It must be kept in mind that, prior to 1977, dual citizenship was not allowed. Now it is, and has been since 1977. However, when the 1946 legislation was amended, no measure was introduced to correct what might be termed an injustice to the children affected since 1946, because dual citizenship was possible from 1977 on.
The most that is in place in the 1977 legislation is a clause specifying that a person who once had Canadian citizenship may recover it once he or she has been admitted as a landed immigrant and resided in Canada for one full year before applying for citizenship. I would remind hon. members that we are referring here to people who were born with Canadian citizenship but lost it because of a decision by their parent or parents.
It is important to stress that citizenship by naturalization does not comprise exactly the same rights and privileges as that acquired by birth. A naturalized citizen can have his or her citizenship revoked, and can be declared inadmissible, while those born with citizenship cannot.
What I have just said is equally true for Bill C-18, which includes anti-terrorist clauses calling for the revocation of the citizenship of naturalized citizens through recourse to a judicial process including the use of secret evidence. There is no right of appeal and expulsion from the country is automatic.
How many people would be affected by Bill C-343? That is very hard to say. It is even harder to say whether all those affected would want to regain Canadian citizenship.
Some cases have come forward. For example, there is Don Chapman, who testified before the Standing Committee on Citizenship and Immigration. Mr. Chapman, who was born in Vancouver, Canada, found himself in this situation when his parents emigrated to the United States. Therefore, he lost his Canadian citizenship. All his adult life, he has wanted to become a Canadian citizen again.
He applied directly to the then Minister of Citizenship and Immigration to ask for special treatment, but to no avail. All he was told was that he had to follow the pre-established rules requiring individuals to apply for permanent residence and live in Canada for one full year before applying for citizenship. However, Mr. Chapman's problem is that he is an airline pilot, which would, according to him, make it difficult for him to fulfill these requirements.
I would add that the current minister, when consulted about another case, answered that he was open to these individuals applying for their citizenship and that each case would be considered individually.
However, in my opinion, this case-by-case approach, which may be the result of good will, runs up against the reality, which is that files are piling up on the desk of the Minister of Citizenship and Immigration. These files pertain to various matters, such as visas, applications for permanent residence, and so forth. All the members have submitted files to the Minister of Citizenship and Immigration. These files have been accumulating exponentially on his desk since September 11.
I would like to state that the Bloc Quebecois became very aware of the need to change these provisions. In fact, during a trip to Australia, the member for Rimouski--Neigette-et-la Mitis—whom I will say hello to now, since she is recovering from a painful triple bypass—met a person from her riding who has to go through the same process as Mr. Chapman, which does not thrill him either.
Therefore, it was on the basis of information provided by the member for Rimouski--Neigette-et-la Mitis that we in the Bloc began our research to clarify the situation and look at the ways we could modify the law. That is why, after completing this research and after meeting Mr. Chapman herself, the member for Laval Centre proposed an amendment to Bill C-18 to address this problem.
The proposed amendment read as follows:
That the bill, in Clause 19, be amended by adding after line 10 page 13 the following:
And I shall read the exact wording proposed:
The requirements set out in paragraphs (1)(a) and (b) do not apply to a person who ceased to be a Canadian citizen as a result of a parent of that person acquiring the citizenship or nationality of another country before February 15, 1977.
It seems to me that this would provide retroactive justice to these children who, if they had remained in Canada, would be Canadian citizens. If their parents had acquired another citizenship after 1977, these people also would have been able to keep their Canadian citizenship.
I hope that the government will be sensitive to this need for retroactive justice.