CIMM Committee Report

Recommendation 1

The Committee recommends that the Government of Canada amend the Citizenship Act to reflect several fundamental principles.

Recommendation 2

The Committee recommends that amendments to the Citizenship Act be consistent with the following fundamental principles:

§ Citizenship should be a permanent status, lost only by renunciation as an adult or by revocation because it was obtained by false representation or fraud or by knowingly concealing material circumstances.

§ The rules for determining who is a citizen should be few, and they should be clear and easy to apply so that people may determine for themselves whether or not they are a citizen without having to consult Citizenship and Immigration Canada or resort to legal action.

§ People need to be able to rely on the certainty of their citizenship. Once a prescribed time has elapsed after the issue of a certificate of Canadian citizenship, the Government should not be able to revoke the certificate on the ground that it was issued in error. The only exception should be for certificates issued based on a false representation or fraud or by the holder knowingly concealing material circumstances.

§ The above principles should apply to all people, not just those born after a specific date or those who lost citizenship under a certain Act. Accordingly, those who have lost citizenship should have their citizenship resumed retroactive to the date it was lost. Those who have never been citizens under the current law but would be citizens under a new law should have that status retroactive to birth.

§ Background checks are only appropriate for candidates seeking a grant of citizenship as opposed to those for whom citizenship is a birthright. Along with the principle that citizenship should be permanent, this implies that lost Canadians should not be subjected to background checks as a precondition for having their citizenship resumed.

Recommendation 3

The Committee recommends that amendments to the Citizenship Act provide that anyone who ever was a citizen and lost citizenship is once again a citizen, retroactive to the date that citizenship was lost. This includes people holding citizenship cards issued in error or issued with an expiry date, and people who at one time were deemed Canadian citizens within the meaning of the 1945 Order in Council. The only exceptions are in respect of those whose citizenship was revoked because it was obtained by a false representation or fraud or by the holder knowingly concealing material circumstances, and those who renounced their citizenship as an adult.  The solution effected in Trinidad and Tobago in 2000 may serve as a model for Canada.

Recommendation 4

The Committee recommends that the amendments to the Citizenship Act provide that the following people are Canadian citizens:

§ Anyone who was born in Canada at any time, retroactive to birth. The only exceptions are for those born in Canada to an accredited foreign diplomat, and those who renounced their citizenship as an adult;

§ Anyone who was born abroad at any time to a Canadian mother or a Canadian father, rceptions are those who renounced thetroactive to birth, if they are the first generation born abroad. The only exeir citizenship as an adult; and

§ Anyone who was naturalized to Canada at any time. The only exceptions are those who renounced their citizenship as an adult, and those who obtained their citizenship by false representation or fraud or by knowingly concealing material circumstances.

Recommendation 5

The Committee recommends that the Government of Canada introduce the recommended bill amending the Citizenship Act in the House of Commons before February 15, 2008.

Recommendation 6

The Committee recommends that the Minister use the discretionary power under the Citizenship Act to implement the above recommendations before the bill is drafted and introduced in the House of Commons. Priority should be given in respect of any person who is currently stateless.¹

Recommendation 7

The Committee recommends that Citizenship and Immigration Canada put together an information package for all Members of Parliament and their constituency offices to assist them in helping members of the public get the right answers to their citizenship queries.

Recommendation 8

The Committee recommends that letters Citizenship and Immigration Canada sends to members of the public, either informing a person that they are not a citizen, or denying an application to become a citizen, include practical steps the person may take to correct any error, or to receive further information and explanation.

Recommendation 9

The Committee recommends that Citizenship and Immigration Canada seek feedback from members of the public who used their services to help CIC identify problem areas. A dedicated e-mail and paper mail address should be established where members of the public may send their complaints and suggestions, as well as their compliments, on the services they received from CIC. A few lines of text notifying the public about the feedback process should be included in letters that CIC sends out to members of the public, on posters put up in CIC waiting areas, as well as on the CIC website.

Recommendation 10

The Committee recommends that Citizenship and Immigration Canada take steps to address repeated complaints received concerning any specific CIC agent.

Recommendation 11

The Committee recommends that Citizenship and Immigration Canada reassess whether there is any pressing and substantial reason for continuing not to recognize the DND419² as proof of Canadian citizenship. CIC should encourage Passport Canada as well as other government agencies and departments, both at the federal and provincial/territorial level, to accept the DND419, as well as the Registration of Birth Abroad (RBA), as proof of Canadian citizenship.

Recommendation 12

The Committee recommends that Citizenship and Immigration Canada produce a straight-forward information sheet about each of the DND419 and the Registration of Birth Abroad (RBA) that explains what each of these documents is and what they do and do not represent. The information sheets should be made available to holders of these documents at convenient opportunities, and should also be available to front-line workers to help them communicate to the holders that their citizenship is not being denied.

Recommendation 13:

The Committee recommends that, pending enactment of the recommended bill, the Minister seek approval through the Governor in Council for a special grant of citizenship for Mr. Taylor as well as for the approximately 250 other people similarly situated. The Minister is requested to appear before the Committee to advise on her intended course of action in response to this Recommendation.