Debates of June 9th, 2014

Strengthening Canadian Citizenship Act

[Jinny Sims, NDP, Newton—North Delta, BC]

Mr. Speaker, I want to thank my colleague for his very thoughtful question. As I said earlier, what we have is a government that appears to be scared, or the Conservatives are so determined to exercise their majority that they have stopped respecting parliamentary democracy.

Once again, there was a huge number of amendments made and not one taken. The Conservatives also skipped hearing from experts during the committee stage. Even though they did a prestudy, this shocked me. While I was not there, it showed that those who were testifying, without seeing the bill, said there were about 106 amendments or things that need to be in the bill that we do not have there.

When we think about it, the current government has very little respect for democracy. If it did, it would have speakers. Those speakers would be up debating. They might even hear a thing or two and then be persuaded that they should change their minds on some things. However, we have a government whose members are so convinced that they are right, and only they are right, and that nobody else, whether experts, scientists, or citizens, can possibly share a different point of view than theirs, that they shut off debate.

Here we are sitting until midnight, night after night, which is not a problem. However, where are my colleagues across the way?

[Peter Van Loan, Conservative, York—Simcoe, ON]

Where are your colleagues?

[Cathy McLeod, Conservative, Kamloops—Thompson—Cariboo, BC]

You complained and complained, and now we do not speak.

[Jinny Sims, NDP, Newton—North Delta, BC]

Yes, Mr. Speaker, but we stand up and speak. We are taking up all of the speaking moments.

In Parliament, for a debate to take place, speaking spots are allocated according to the number of MPs that a party has in the House. The Conservatives get the most speaking spots; then it is the official opposition, the NDP; then of course it is the third party, the Liberals. However, the ruling party, the Conservatives, using bullying tactics, cannot find speakers to defend a bill that they are trying to rush through Parliament without going through the committee stage and without hearing from witnesses. Right now they do not even want to hear from members of Parliament. They have wool in their ears or their fingers in their ears, and they are quite happy to be like that. They smile quite gleefully that they accept the bill as it is.

If we were to carry on with that kind of logic, and they have the majority, we would never have to debate on anything. They could just bring forward something, vote on it, and it would be done. However, that is not how parliamentary democracy was set up. Parliamentary democracy was set up with checks and balances, and the members of the current government are bludgeoning those checks and balances that defend the democracy that I am so proud of.

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, when we look at legislation in the House and talk about the thoughts or ideas we have about it, there is no better way to look at legislation than through the lens of our work as members of Parliament. We have a lot of opportunities as MPs to talk to people, to hear different things, to meet with experts, people who have studied different issues and done academic work on things. We also talk to front-line workers, the people who experience the front lines of issues and have good feedback about potential impacts of legislation.

We also have the experience of talking to people in community, who will feel the impacts of potential legislation and have to live with the impacts of our legislative decisions. That is some of the work that we do as MPs that gives us a unique perspective.

As MPs, a lot of us also have caseworkers in our offices. The caseworkers help people to navigate through the federal government, get people information about files, or where someone's file is at on a particular issue. MPs having caseworkers has been long standing. Our caseworkers are doing more and more casework since the Conservatives have started whittling away at the basic services that people need to understand the federal government, whether it is applying for employment insurance, a veteran applying for services, someone asking for information about permanent residency, or even student loans. They are confronted with 1-800 numbers, voice mail, or waiting on hold forever. It is hard for them to talk to real people.

Many of us have caseworkers in our offices to help folks navigate these systems. Over the last six years, my office in Halifax has seen a growing wait list for citizenship. Phyllis Larsen does casework in my office, and she is fantastic at it. I have had a lot of assumptions made about the kind of casework that she must do. People think that because it is the east coast, there must be a lot of EI applications or working with the Department of Fisheries and Oceans. Actually, the number one issue in my office is immigration.

Every day that Phyllis works in my community office on Gottingen Street, she sees new residents in Halifax who want to become Canadian citizens. These are people from all walks of life. There are university professors, truck drivers, families working to get the rest of their family to Canada, so family reunification, and there are families looking to adopt children from other countries. It is a whole range of different situations, and it takes a lot of courage, a lot of bravery, and sometimes even desperation to come here. However, lately it takes more skill, more tenacity, and more patience to become a citizen of this country.

Phyllis used to work for my predecessor Alexa McDonough, so she has been doing this kind of work for a long time. It was not that long ago that Phyllis saw routine citizenship applications moving through the system in about a year. Today, thanks to the government, the average processing time on a routine application is about 23 months. That is a routine application. That is not all of the strange things that can happen, like someone coming from Ethiopia whose birth certificate is in the Ethiopian calendar, and the age does not match up. We have seen all kinds of non-routine applications, I can certainly say that. Keep in mind that the option to apply only comes after three years of permanent residency.

Even worse is somebody who is give a residency questionnaire, an RQ. This is a questionnaire that will automatically increase the processing time from 23 months to 37 months. The frequency with which residency questionnaires are being given out is alarming. People who sometimes cannot afford bus fare are now being asked to supply everything, from pay stubs to tax returns to airline tickets, to prove that they meet the residency requirements. It does not make sense to do this. However, the government is continuing to add this extra layer of bureaucracy to an already lengthy process, a process that is fearful for a lot of people and uncertain for everyone.

It is no surprise that these constituents, these individuals and families, are angry, frustrated, and sometimes they feel like giving up hope. They pay their taxes, study, and work. They do all of the things that Canadian citizens are expected to do, yet they are not offered the full rights and benefits of Canadian citizenship.

New Canadians build strong communities and healthier families, and this is key to creating a strong and proud Canada. However, it is becoming harder and harder to do so. We are seeing wait times that are so long that medical and fingerprint tests are expiring. This forces people to resubmit their application, which means increased costs for them. Often it means long perilous journeys to obtain these documents.

This is not an issue addressed by the bill, but we have had reports in my riding, especially from the universities, that there is a systematic denial of visas for international students who come from eastern and southern parts of Africa. There is no accountability when it comes to those missions abroad in how they process and deny visas. Oftentimes we are hearing reports that applicants are refused before their applications are even viewed. Therefore, it is broader than the citizenship piece. It goes to a lot of different things that the immigration office is dealing with. We get these kinds of stories from our constituents.

I want to share a story from a recent case that we are working on. Unfortunately, it is a case that is not unique. It is a case where a family has gone missing.

A mother in Canada is trying to bring her children here under the one-year window program. In December 2013, she travelled to her home country, in Africa, to see her children at the address where she knew they were being cared for by friends. Upon her arrival, she discovered that the children had been taken to an orphanage in the capital city. She went to that orphanage, but she could not find her children.

CIC wait lists are so long that while this woman waited for her children's file to be processed, they went missing and she cannot find her family. Can members imagine what it would be like if their children went missing while they were waiting for paperwork to be processed?

This woman is trying to be reunited with her family, but it is our system that has resulted in her not knowing whether she is ever going to see her kids again. During her time there, someone went through her personal belongings, and the only things that were taken were pictures of her children.

I was hoping that the minister would commit to working with us to bring real improvements to citizenship laws, especially when it comes to this backlog.

I have concentrated on some issues that have not been fixed in the bill, and I do not have a lot of time left. However, I want to talk about a problem that I have with in the bill, and that is the ability to revoke citizenship. I believe that the bill would create two tiers of citizens in this country, and it is reprehensible that a government would do that.

I had hoped to read from a brief by the Canadian Association of Refugee Lawyers, or CARL. As members have heard from some of my colleagues, Bill C-24 has not been studied in committee. There was a motion tabled by the Conservatives to study the purpose of the bill, but the bill itself has not been studied. No report on the subject matter of the bill has been tabled.

I have in my hands a copy of a brief that CARL put together. These folks are the experts, and not just legal experts. They are working on the front lines and know what this immigration process is like. They have done a fantastic job of pointing out some of the key problems, especially around the ability to revoke citizenship and the fear that it creates. With the time that I have left, there is one line that I will read. CARL calls it “a way to foster a citizenship of fear”.

I highly recommend the brief to anybody who is interested in this issue. They should read the brief by CARL. The Canadian Bar Association and the BC Civil Liberties Association have done excellent work on this as well. They are giving us advice. They are telling us that the bill is not constitutional. They are telling us it is creating a citizenship of fear. They are saying that this is not the way forward when it comes to reforming our immigration law.

[Corneliu Chisu, Conservative, Pickering—Scarborough East, ON]

Mr. Speaker, I listened, with great attention, to the presentation of my colleague opposite. I am a first generation of immigrants in our country and I defended our country in Afghanistan and so on.

Is the member opposite defending those who engage in armed conflict against our country? She was speaking about civil liberties, that they were so nice to the people, that they were so concerned about people and that this legislation was not in line with the issues giving citizenship for everybody maybe.

What does the member think about people who are engaged in conflicts against our country? Should they get citizenship or should we not revoke their citizenship?

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, I can tell that the member has been handed his marching orders on what question to ask me. He said that I talked about civil liberties and all these fantastic things when actually I did not. I was talking about something else entirely, but he has his cue card in front on him and he asked me a question, so I will answer it.

If someone is a citizen of Canada, he or she is a citizen of Canada. There should not be two tiers of citizenship. I am also the first generation born in Canada in my family, the child of an immigrant family, and we are Canadian. It is not conditional Canadian.

With the bill, for example, if the minister thinks that there is fraud on a balance of probabilities, he or she can revoke citizenship. That is the minister saying “Yes, probably, so I'm going to take your citizenship away.” Absolutely not. The test should not be yes, probably. What it means is that citizens of our country do not have due process and that is something we need to stand up against.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I appreciate the member's comments especially when she highlighted an area that has caused a great deal of frustration for me, as a local member of Parliament who deals considerably in issues like immigration and citizenship.

The processing times have increased significantly. In fact, it is just over two and a half years. That is how long it takes for people who qualify today, meet the criteria, want to have their citizenship and put in their applications. They can anticipate waiting a minimum of 28 months.

The government created this crisis and now it comes in and says that it has wonderful legislation and its purpose, in part, is to reduce the waiting times for the processing of citizenship.

Does the member believe that because of this legislation, it will cause the wait times to go down, or does she believe it is because of the government's low priority of processing citizenship that is the root of the problem of unacceptable wait times for processing citizenship?

[Megan Leslie, NDP, Halifax, NS]

Mr. Speaker, the member posed it as a question, but in there was also his point of view, and I agree with it. It was sort of implicit in the way he asked the question. I do not think this has anything to do with money. It has to do with priority. Do not forget that this is not the first time the Conservatives have promised and failed to address the backlog. The backlog of requests has doubled under their supposed leadership.

There is a strategy there. I do not know that I have the psychological training to peel back the layers of what that strategy is, but it does not seem that the Conservatives are taking seriously the citizenship system and real reforms to immigration to actually help people get through this process and deal with the backlog.

I will add to it, it is not just immigration. We see the same backlog when it comes to EI and when it comes to veterans trying to get services. When people call our office and ask for any information about their file, we could tell them to call a number for MPs, but it will not change anything. It is not going to make anything go faster. When we call, we get the news that it is being processed. That is the best we can do.

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I would like to begin by thanking my colleague, the member for Pierrefonds—Dollard, who did incredible work on this file. She made sure that we on this side of the House understood just what a tangle we were getting into with this change to the Citizenship Act, and provided the background so we knew, absolutely, what we had to push back against, which is a bill that would not serve the people of Canada.

I would also like to thank my colleagues from Halifax and from Newton—North Delta for their arguments and for their very clear understanding of what this bill means.

I have some real concerns as does the entire NDP caucus. These concerns stem from the fact that all of the Conservative legislation we have seen, which purport to make positive change, actually do precisely the opposite.

This bill purports to improve the situation for those seeking help by becoming part of our Canadian community. It seems to me that it would actually, in many ways, hurt the very people and communities that governments are supposed to support. Governments that take their job seriously are supposed to protect them.

I will give a rundown of the process of the bill. As members know, in February of this year, the Minister of Citizenship and Immigration tabled Bill C-24. The purpose, apparently, was to introduce sweeping changes to Canada's citizenship laws. At that time, the minister stated that the bill represented the first comprehensive reforms of the Citizenship Act since 1977. He said that it would protect the value of Canadian citizenship for those who have it, while creating a faster and more efficient process for those applying to get it.

That sounds absolutely wonderful, and we agree that Canadian citizenship has enormous value. The world recognizes the citizenship of Canada. I am sure that you go to citizenship court on a regular basis. Mr. Speaker. I certainly do. The pride, the joy and the incredible sense of happiness that we see among those new citizens tells everyone in that court just how important Canadian citizenship is. It has enormous value. This is why it is very troubling that the government would play politics with such an important issue.

Some of the changes to the Citizenship Act are quite good and they are long overdue. They address the deficiencies in the current system, and we need to applaud that. It is important to say that, because we are not just naysayers. We are very diligent, and we recognize and are willing to say that some changes are good.

For example, the implementation of stricter rules for fraudulent immigration consultants is good. There is a provision that would authorize the government to designate, by regulation, a regulatory body whose members would be authorized to act as consultants and make it an offence for any person who had not been duly recognized by the regulatory body to offer immigration consultant services for a fee.

I have seen in my riding of London—Fanshawe the terrible harm that these fraudsters can cause. It is very expensive. I have had people come into my office who have said that they have been waiting two or three years and have given this person all the money they have, which might be tens of thousands of dollars. When they go to find out where they are in the process, they find out nothing has been done.

This kind of fraudulent behaviour leaves people desperate. They are people who came with great hopes and aspirations, who are left without any hope and very often without recourse. They feel very vulnerable. They are not Canadians in a country where maybe they will not be believed. Maybe they will not be able to speak out against this fraudster.

I am glad that immigration fraud will no longer be condoned. We actually pushed the government to crack down on these crooked immigration consultants, so we are very supportive of the anti-fraud measures.

The provisions of expediting citizenship for permanent residents serving in the Canadian Forces is, again, very good. Bill C-24 would shorten the residency requirement from four years to three for permanent residents serving in the Canadian Forces during this period. That is a very important change to the Immigration Act. We need to understand that it applies to only a very few people.

However, it is important to show gratitude. I just wish that same level of gratitude also applied to our veterans, the veterans who gave their service and their absolute dedication to our country. They seem to have been forgotten by the government.

The provision for extending citizenship to lost Canadians is also good. The NDP was involved in this issue as far back as 2007. Therefore, in response to NDP pressure, the government introduced measures in 2009 to extend citizenship to most of these lost Canadians. Unfortunately, in the first go-around, the amendments did not apply to people born before 1947. Bill C-24 would close that loop. Unfortunately, it has taken five years. The government dragged its feet. However, at this point in time, I would say better late than never.

Bill C-24 would also significantly increase fines for fraud from the current level of $1,000 to a maximum of $100,000. Under the bill, a maximum prison sentence would also be extended from 5 years to 14 years, depending on circumstances.

As I said, I have had many people come to my office who have lost all that they had. Again, if the government is to address this kind of fraud, because it is extremely lucrative, to make it onerous on those who would commit fraud, that is very good.

It would also increase the requirement from three out of four years, to four of six, and would clarify the requirement of physical residence in Canada prior to citizenship. One of the benefits of the bill is that it specifies how long individuals must physically be present in Canada before applying for citizenship.

While I have outlined some of the things we think are very good and very positive, there is the other side. I mentioned that at the beginning of my remarks.

Bill C-24 would give the Minister of Citizenship and Immigration many new powers, including the authority to grant or revoke citizenship of dual citizens. Unfortunately, the government has a strong tendency to develop legislation that concentrates power in the hands of ministers.

As I said the last time I spoke to this bill, governments come and governments go, and there has to be a respect for the fact that no one individual will be in a position of power forever. To grant that individual this kind of power, even for a short period of time, frightens me.

This is a very punitive government, as members will know. It lashes out against those who criticize it. We saw that at the beginning of its mandate. Women lost equality rights because the Status of Women department lost funding. First nations and first nations women have not been given the kind of supports they deserve. We have seen the deaths of far too many first nations women being swept away and not considered.

KAIROS was an organization that criticized the government for its failure in terms of the environment and housing. Well, KAIROS was punished and was told that the funding it was expecting would not be forthcoming.

The National Association of Women and the Law is an organization that reports on women's equality to the UN and on Canada's progress. When it reported that there had not been any progress for the last 30 years, NAWL had to be disposed of.

I hope members would agree that the very idea of giving the minister the power to revoke or to allow citizenship is putting too much power in the hands of one person. We have courts of law. It is very important that we in this House and those in the government respect the authority of the courts and leave that determination to them.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, first of all, I would like to congratulate my colleague on her speech.

I would like to remind members that this bill was introduced in 2013 as a private member's bill and it contained the same provisions.

To the NDP and all members in the House, citizenship is extremely valuable. We must acknowledge the importance attributed to citizenship. We need not give further proof of that.

However, this bill would make it possible to revoke citizenship, which has given rise to major legal concerns. Furthermore, there is a real concentration of additional powers in the hands of the minister, including the power to revoke and grant citizenship.

Could my colleague elaborate on that?

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, the revocation or granting of citizenship should not be based on incomplete evidence or the whim of anyone. It does not matter who the minister is. That individual does not have the expertise of legal advisers or people who practise citizenship law or the courts. He or she simply does not. To allow that individual to decide the fate of someone based on speculation or incomplete information is absolutely terrifying.

We in the NDP were hoping that the minister would commit to working with us to bring some real improvements to the citizenship laws. We were hoping for wait times to be reduced, and in fact, they have increased significantly: 320,000 individuals are still waiting for their citizenship. This is not acceptable. We need to demand better.

[Devinder Shory, Conservative, Calgary Northeast, AB]

Mr. Speaker, the member opposite spent quite a bit of her time praising the bill. She discussed regulating citizenship consultants, fast-tracking the process for PRs serving in the Canadian Armed Forces, and tougher penalties for those who have obtained citizenship through fraud.

Does the member opposite believe that those who gained Canadian citizenship through fraudulent means deserve a tough punishment, or was she just talking in front of the camera?

[Irene Mathyssen, NDP, London—Fanshawe, ON]

Mr. Speaker, I am sure the member did not mean to insult me and question my integrity. I will say that it is important, and I did indicate what the minister got right.

However, in the balance of things, they have to get more than just a few things right. They have to get it all right, because people's lives hang in the balance. The very fact that they have not reduced the wait times and that they have given incredible power over people, verging on the power of life and death, to a single individual or his or her department, is just not acceptable. We have courts. We have processes in this country. We should be following them.

As wonderful as this place is, it is not without its weaknesses, and it is not perfect. Mistakes are made. I would like to see the mistakes in regard to this hurried and unamended bill corrected. I would like the Conservatives to have the integrity, the honesty, and maybe even a bit of courage to say that they were not exactly right with all the provisions and could have done better. They should have and need to do better.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, this evening I rise to participate in the debate on a very important subject: Bill C-24.

Seventy-five months have passed since March 2008. During those 75 months, the current Conservative government has changed the citizenship processes, rules and regulations about once every three months on average.

Of course things change. Of course a government can recognize that it made a mistake. Of course the government can change its policy. However, when a government changes its mind every three months about an issue as serious as immigration, of course we are going to wonder whether it knows what it is doing.

This government is so incapable of understanding the implications of a situation, so incapable of understanding its options and looking for a lasting solution that will benefit Canadians that it frantically starts over every three months.

This government spends its time bashing the public service. That is its stock in trade. It keeps dumping on public servants' supposed inefficiency and making wholesale cuts to every budget in sight.

In his March report, the Parliamentary Budget Officer, whom the Conservatives continue to ignore because they cannot handle the truth, revealed that only two-fifths of the public service's goals were achieved in 2013.

How can we expect the right hand to know what the left hand is doing when the brain is AWOL? Either this government does not realize how absurd it is to change the rules every three months yet expect them to be useful, or it realizes exactly how absurd that is and is manipulating immigration rules purely to get votes.

Plainly put, the government's immigration policy is ineffective. Once the had their majority, the Conservatives imposed a moratorium on sponsoring parents and grandparents, they made family reunification harder, and they started punishing refugees. Then they gave us their masterpiece: they opened the floodgates to temporary foreign workers.

The result of this absurd and unjust policy was not long in coming. The Conservatives became mired in a historic scandal involving abuses of the temporary foreign worker program. Now they are fighting tooth and nail to get out of it, but they cannot find a way to solve the problem. This government could not care less about reality. It would rather make all of the issues political and attack the credibility of anyone who dares to contradict it.

How can we give such an irresponsible government the right to decide who should get citizenship and who should have it revoked at the minister's discretion? This is a clear case of feudal arbitrariness.

This bill raises some serious legal concerns. According to the bill's provisions, the minister could revoke the citizenship of someone who has supposedly committed fraud. The individual's citizenship could be revoked based on something the minister or one of his employees believes. It would be based on a balance of probabilities that the individual obtained his or her citizenship fraudulently. Simply put, it means that the minister will now have the power to strip someone of their citizenship based on a mere suspicion.

Even in a country with strict immigration laws such as the United States, any individual who is prosecuted for illegally obtaining citizenship has the right to plead his case in court. Every ruling can be appealed, and the individual is guaranteed due process.

From now on, under Bill C-24, none of that will exist in Canada. One word from the minister and someone can lose their citizenship. The decision cannot be appealed.

The icing on the cake is that the minister announced that he would not disclose the list of people to whom he will be so kind as to grant Canadian citizenship.

I want to remind the government, which cares so little about civil liberties, that in the legal system we inherited from Great Britain, such a process is labelled as being arbitrary.

I would also like to remind the government, which does not care, that prohibiting arbitrary government decisions is a fundamental principle set out in the Canadian Charter of Rights and Freedoms. It comes to us from British law, which in 1215, with the Magna Carta, and in 1679, with the principle of habeas corpus, made it clear that arbitrariness was a principle to fight against.

I want to warn the government about what it is doing. In addition to being completely immoral, the possibility that the minister can revoke or grant citizenship at his discretion goes against the underlying principles of our legal system.

Once again, the government should expect a long, bitter battle with the Supreme Court concerning one of its many unilateral decisions.

Everyone in the country recognizes the value of Canadian citizenship. There is no need to start such a battle on this subject. That is why we were hoping that this government would change its ways a little and consult the opposition in order to come to an agreement.

However, those hopes were in vain: the Conservative members of the Standing Committee on Citizenship and Immigration once again showed just how stubborn this government is by rejecting all of the amendments proposed in committee. We continued to hope in responsible people who believe that the government can and must change people's lives.

That is why we in the NDP strive to find a constructive solution to all of the problems confronting us, regardless of the circumstances. When it comes to immigration, this government's inadequacy has led to unacceptable delays in the processing of applications. We understand that these delays make applicants frustrated and bitter.

However, this wasted time also translates into economic losses. Economic immigrants who knock on our door to come work in Canada may very well turn to other host countries because of the long wait times for their application to be processed. They will then be helping to build economies other than ours.

When the government announced its intention to reduce backlogs, we applauded this commendable intention. However, we reminded the Conservatives that they themselves had created the conditions leading to these delays by making systematic budget cuts throughout the public service. Since 2009, the average time to process an application has more than doubled, going from 15 to 31 months. Since the NDP will have to fix the Conservatives' many mistakes when it forms the next government, we might as well start now.

In order to make processing times reasonable, this government is proposing to merely simplify the process for handling applications by getting rid of the middle man. This is another example of the Conservatives' wishful thinking and simplistic announcements. They were unable to deal with the backlog by putting $44 million on the table as part of the economic action plan, and now they think they will be able to do so by introducing administrative mini-measures. Given these circumstances, why is the government once again making amendments to Canada's immigration system?

In truth, there is only one explanation for the government turning a blind eye to the negative consequences of this legislation: it does not care about the consequences. This government is only interested in how to make itself look good. That is the foundation of its policy. This government does not care about the best interests of Canadians. It is pandering to its voter base. This government is not showing its determination. It is showing its stubbornness. This government does not take action. It acts out.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, I thank my colleague for her great speech on Bill C-24. She certainly has expertise on the subject of citizenship and immigration.

Like me and a number of experts who have looked at the bill, does she have any concerns about the constitutionality of the bill, especially with regard to revoking citizenship?

Does she think that this bill might be challenged if it is passed in its current form?

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for the question. Indeed, as far as the revocation of citizenship is concerned, this bill will definitely be challenged.

This is a classic example of two-tiered citizenship. If a person with dual citizenship has their citizenship revoked, they are at risk of becoming stateless. In other words, their country of origin might not take them back and they will be in limbo.

The revocation of citizenship, a power that will be concentrated in the hands of the minister, will constantly be appealed in court.

[Jonathan Tremblay, NDP, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Mr. Speaker, my colleague just touched on something I wanted to ask a question about. She talked about the minister's discretionary powers to deny or approve immigration applications.

What concerns does my colleague have about that, since we are talking about a major overhaul of how this department works? I would like to hear my colleague's concerns about that.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for his question. As I said in my speech, concentrating powers, such as the power to revoke or grant citizenship, in the hands of the minister, takes us back to a feudal time when seigneurs had the power of life or death over their tenants. Fortunately here we are talking about citizenship.

This raises an ethical problem. We cannot be judge and jury. Before, people had the possibility of appeal, but now they will no longer have that option once their citizenship is revoked. That is quite simply unacceptable in a country that abides by the rule of law as we do.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, could my colleague tell us more about how this bill could be subject to constitutional challenges? We know that the government does not always bother to make sure that its bills respect human rights and comply with the Canadian Constitution. Could my colleague talk about the problems with this bill and how it might not meet constitutional standards?

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for her question. As some witnesses pointed out in committee, there will certainly be some constitutional challenges, and I think this will likely go to court.

We are all familiar with the universal principle that all human beings are born free and equal. Our country has the charter to protect all citizens, and the provisions in Bill C-24 clearly interfere with those protections. There will obviously be challenges.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, I am pleased to speak to Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts.

I should mention that the Conservatives limited time for debate on this bill. This is really problematic and it infringes on our right to express ourselves on bills that will affect the lives of Canadians and immigrants.

It is more or less an omnibus bill. In fact, it is the first major reform of the Citizenship Act since 1977. We really ought to do our homework to come up with the best legislation possible.

I oppose this bill and I will take my ten minutes to explain why.

I would like to begin by recognizing the work done by groups in my riding that welcome immigrants, such as ABL Immigration, which works in the Lower Laurentians to help immigrants better integrate into our society and country and have access to services that can help them.

My fellow Canadians are ready to welcome newcomers, to have new people come to live here, but this bill goes against Canadian values.

I would like to mention that I was a panellist at a meeting in Montreal on Bill C-24. Julius Grey, a very well-known lawyer in Montreal whose name is probably familiar to all members, and the Table de concertation des organismes au service des personnes réfugiées et immigrantes, which is active in Montreal, also participated in this event.

With the people who took part in the discussion, I was able to see that this bill raises a number of concerns about the Conservative government's approach. There were also concerns about the negative impact of that rather complex legislation, which includes many measures.

Since March 2008, or since the Conservatives took office, over 25 major changes have been made to immigration practices, rules, laws and regulations. We found that not all of these changes have been positive, including the moratorium on sponsoring parents and grandparents.

In my riding I met people affected by this measure. In fact, I meet people from across Canada who are affected by the fact that they cannot bring their parents and their grandparents here. In recent years, fewer family reunifications have taken place. This threatens the well-being of Canadians.

We saw that the government also chose to punish vulnerable refugees. On this issue, I want to note that Bill C-31 imposes a number of measures that experts deem dangerous for refugees. These provisions give the minister the power to hand-pick which countries are deemed safe, without consulting independent experts. They also give the minister the power to detain asylum seekers for one year, without reviewing that decision.

This bill also contains provisions to deny certain refugees access to the refugee appeal division. Bill C-31 also imposes a mandatory waiting period of five years before legitimate refugees can become permanent residents and be reunited with their families.

As we can see, these are very tough measures that adversely affect the safety of refugees who come to Canada after fleeing unstable situations in their country of origin.

We have also seen that under the Conservative government there has been an increase in the number of temporary foreign workers to the detriment of Canadian workers. Furthermore, and I am sure that I am not the only member to have noticed this, our riding offices are reporting that processing times, which are currently 31 months, are harming our constituents who come to our offices looking for help. Unfortunately, too many of these people want to know the status of their file. The only thing we can tell them is that they have to wait, even though the processing times are unreasonable. Instead of attacking refugees and preventing families from being reunited, this government should instead be tackling processing times. That should be the priority.

I will now focus on the measures in the bill that the NDP members are concerned about. First, we have seen that Bill C-24 concentrates many new powers in the hands of the minister, including the power to grant citizenship and to revoke it from dual citizens. This creates two tiers of citizenship and penalizes people with dual citizenship. It allows a minister to revoke the citizenship of a person who has dual citizenship and commits illegal acts, whereas someone without Canadian citizenship will be punished in the criminal justice system instead.

We believe that this is rather arbitrary. We should not have two tiers of citizenship. I am very proud of my Canadian citizenship and I know that my parents, who immigrated from China, were as well. A Canadian is a Canadian, period. We should not have two types of citizens, those who have dual citizenship and those who have single citizenship.

Under the provisions of the bill, the minister may revoke citizenship if he, or any staffer he authorizes, is satisfied on the balance of probabilities that a person has obtained citizenship by fraud. That poses significant problems because this clause is based on the balance of probabilities. If the minister has reason to believe that the person has obtained citizenship fraudulently, he has the right to unilaterally revoke that citizenship. Clearly, that prevents the individual from appealing to the courts and it places more arbitrary powers in the minister's hands.

This bill is problematic for another reason, namely the provisions related to the declaration of intent to reside in Canada. The minister can arbitrarily choose to strip someone of citizenship if he believes that the individual does not intend to reside in Canada. That penalizes those who obtain citizenship and then perhaps get a job offer elsewhere but still plan on returning to Canada. It penalizes people who find themselves in rather unique situations.

The final measure in this bill that I would like to raise is the fact that the length of time someone spends in Canada as a permanent resident will no longer be taken into consideration for the granting of citizenship.

Clearly, the NDP feels it must oppose many of the measures. I urge my colleagues to oppose this bill as well, for the reasons I have just presented.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, the member made reference to the issue of people who leave Canada to work. I want to give a specific example of how this legislation would have a very real impact.

I can recall a case where a family from the Philippines came to Canada and the husband was not able to get his credentials recognized as an auditor. Therefore, after his family was settled here, he went to another country and was able to continue on as an accountant. Now, there are serious restrictions within this proposed legislation that would prevent that individual from being able to do that today, even though his entire family is here and the only reason he left the country was to practise that which he was trained to do with the full intention of coming back.

I wonder if the member might want to comment on the fact that, by rushing the bill through, we were not able to have that thorough discussion so that examples such as this would have had much more attention given to them.

[Laurin Liu, NDP, Rivière-des-Mille-Îles, QC]

Mr. Speaker, that is not the only example of its kind. When I talked to groups of immigrants in Montreal, they gave me this example: a person gets a scholarship to Oxford or Harvard and has to leave for a period of months or years but fully intends to return to Canada and live as a Canadian citizen on Canadian soil.

These are opportunities our citizens should have. They should not be punished for wanting a chance to live or work elsewhere for a period of time. This bill goes way too far. Clearly, the Conservative government really did not do its homework on this one.

[Pierre-Luc Dusseault, NDP, Sherbrooke, QC]

Mr. Speaker, thank you for letting me ask my colleague from Rivière-des-Mille-Îles a question. She spent a few seconds, possibly a minute, talking about wait times, which have gone up considerably in the past few years. Nowadays, it can take 31 months for a person to get citizenship. The government boasted that this bill would reduce wait times.

Does my colleague think that any of the measures in this bill will really tackle this problem effectively? Perhaps the government is saying this just for the sake of argument when ultimately, there is really nothing here that will reduce wait times. Why is it important to tackle wait times in this system? I will not answer the question; I will let my colleague answer it.