Mr. Speaker, I am pleased to speak to this bill and to announce that the Liberals will be voting against it.
We do not like this bill at all, except for the part that deals with lost Canadians. We think that all of the other aspects of this bill are bad for Canada, so we will be voting against it.
There are two main aspects that we do not like at all. First, the Conservatives believe that the more difficult it is to get Canadian citizenship, the more valuable it is to be a Canadian. We do not think that makes sense. On the contrary, if we make it difficult for people to become citizens, they will go elsewhere, such as to Australia, the United Kingdom or the United States.
Otherwise, we in Canada are competing for people around the world with countries like Australia, the U.K., and the U.S. When the Conservatives erect barrier after barrier to make it harder for people to become citizens of this country, as they do in this bill, in no way does that increase the value of citizenship. Rather, what it does is turn people off of becoming citizens of Canada and induce them to become citizens elsewhere. Indeed, I would say this bill devalues Canadian citizenship, because while it makes it harder for newcomers to become citizens, it makes it easier for the minister to arbitrarily remove someone's Canadian citizenship. In that sense, it devalues our citizenship and makes it less durable against attack from a minister of the crown. The individual Canadian would have limited right to appeal to the courts.
We in the Liberal Party believe that we should reduce the barriers to citizenship and welcome people to this country, whereas the Conservatives would erect more barriers. Instead of welcoming newcomers with a smile, they welcome newcomers with a scowl and force them to climb all of these hurdles to achieve citizenship.
If we look at the hurdles, we see that most of them make very little sense. I would like to name a few.
First of all, until now international students have been able to claim 50% of their time as students as credit toward becoming citizens. Under this bill, the Conservatives would make that amount zero. This is foolish in the extreme. We are encouraging international students to go elsewhere. Who are better candidates to be citizens of Canada than students, who by definition are educated, have experience in this country, and presumably speak English or French? They are giving students a kick in the pants when instead we should be welcoming them to our country.
Second, they impose language tests on older newcomers. Up until now, beyond age 54, one did not have to pass a difficult language test. Now one does if one is between the ages of 54 and 65. We believe this is unnecessary. We believe many loyal Canadians who have come here and become citizens speak less than perfect English as older citizens, but I have no doubt their children and grandchildren will speak perfect English or French. We do not think that the imperfect French of the older generation has been any impediment to becoming good citizens and contributors to this country.
The third barrier, also inappropriate, is that the Conservatives have increased the length of time that people have to be residents. They have tightened the definition of “resident” so as not to allow any more time spent abroad if, for example, the person is working for a Canadian company.
In all these ways, the government has increased the barriers or the difficulties in becoming a citizen. We believe this is bad for this country, particularly in the world of 2014, when we have an aging population and are competing with many different countries around the world for new citizens.
Finally, as if that were not enough, they have increased the wait time for becoming a citizen from 16 months to 31 months, which is double, and for many people it is even longer than that.
None of these aspects of the bill are positive for this country.
For that reason, we in the Liberal Party are very pleased to vote against this bill.
The second component of our objection is, in one sense, even more serious. What I have just said is serious enough: we compete for immigrants, we need immigrants, we want to welcome immigrants. However, the second part has to do with infringing upon the Constitution by passing laws that many lawyers agree would be unconstitutional and would not be able to stand a test in the Supreme Court.
I have a letter here. I might not have too much time, but I will read a bit of it:
...removal may occur despite the fact that they have not, do not, nor wish to apply for dual nationality. A Canadian-born citizen may be removed and wake up to landing in a country which may not recognize the dual nationality and thus become stateless.
The letter, from lawyers Messrs. Galati, Slansky, and Azevedo, representing the Constitutional Rights Centre, goes on to say:
...the Federal Parliament has absolutely no constitutional authority over the citizenship of persons born in Canada, but only over “Aliens and Naturalization”.
It adds:
This aspect of C-24, in its seismic shift from the historical and constitutional understanding of the citizenship of those born in Canada, should be referred to the Supreme Court of Canada...and not simply passed through Parliament....
It concludes that:
The Constitutional Rights Centre Inc. intends to take every judicial proceeding possible against Bill C-24.
In the good old days, governments assured themselves that a bill was constitutional before passing it through Parliament. Under the current government, bill after bill seems to go through Parliament with no assurance that it is constitutional, and indeed with assurances from well-reputed lawyers that it is not.
We object in principle to the arbitrary removal of citizenship from individuals for reasons that are highly questionable and to the very limited opportunity for the individual to appeal to the courts against that removal of citizenship. We object to the onus of proof regarding dual citizenship being placed not upon the government to prove that the person is a dual citizen but upon the individual to prove that he or she is not. That also is wrong.
For all of these reasons, we and many legions of lawyers across this country are convinced that the bill would fail the test of the Constitution, and well should it fail that test, because it would do things that are inconsistent with not only the Constitution of Canada but also with the spirit of this country as developed over many decades of our history.
