:
Mr. Speaker, I will be splitting my time with the member for .
At the Standing Committee for Citizenship and Immigration, I had the opportunity to hear witnesses from across Canada and they offered their expertise on how we could make Canada's immigration laws better.
As a result of those important testimonies, I tabled 25 amendments to Bill , an act to amend the Citizenship Act and to make consequential amendments to another act. Significant amendments were required because Bill C-6 failed to remedy many of the problems created by the Conservatives' Bill .
One gaping hole in Bill is that it failed to address the lack of procedural fairness and safeguards for individuals facing citizenship revocation. This is because Bill eliminated the right for an independent and impartial hearing. Furthermore, Bill C-24 also eliminated consideration of equitable factors or compassionate and humanitarian factors that could prevent a legal but unjust outcome.
The system we have defies common sense. How could it be that individuals fighting a parking ticket are afforded more procedural fairness than the person having their citizenship revoked? Yet this is the case.
On June 9, 2014, the minister, while in opposition, stated, “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.”
Fast-forward to today, the has further reconfirmed that the lack of judicial appeal and review rights for those in the citizenship process still needs to be addressed, yet this concern was not corrected by the government in Bill . Because Bill C-6 failed to address this, I tabled substantive amendments to ensure individuals who face citizenship revocation have the right to a fair and independent hearing and an appeal process.
If passed, the amendments would have created a system modelled after the current process being applied to permanent residents who are subject to deportation on the grounds of misrepresentation. This system, which uses the immigration appeal division, would not only have provided the rights to an independent appeal process, but is also considered more cost effective and efficient than the old system.
Despite broad support to achieve this goal from experts that appeared at the committee such as the Canadian Bar Association, the Canadian Association of Refugee Lawyers, the B.C. Civil Liberties Association, the Canadian Council for Refugees, Legal Aid Ontario, and others, the narrow scope of Bill resulted in these important amendments being ruled inadmissible.
I have asked the minister to adopt my amendments in a government bill in the fall and I hope that happens.
In the meantime, however, the unfortunate reality is that some individuals currently in the citizenship system faced with revocation will still lack the judicial fairness provided to people in Canada fighting a parking ticket.
On the issue of procedural fairness, Bill also failed to address the minister's ability to indefinitely suspend citizenship proceedings. The former Conservative government under Bill added section 13.1 to the Citizenship Act, which permits the minister to suspend citizenship applications and other proceedings indefinitely while additional information or evidence is gathered.
Under this process, someone could literary die before a decision is made about their citizenship application. I know that recent Federal Court decisions demonstrate the need for a statutory time frame for making decisions to avoid inordinate and unexplained delays. Again, I had attempted to resolve this issue through amendment at committee, and again, the narrow scope of Bill prevented me from doing so, and the amendment was deemed inadmissible.
Another misstep of Bill was to place all justice systems around the world on equal footing. This was done by barring individuals from citizenship if they have been charged with or convicted with offences equivalent to indictable offences in Canada.
While this might sound reasonable, it is incredibly important to remember that not all justice systems in the world are equal. Most importantly, some countries deal with corruption at various or even multiple levels of the justice and political system, from local police to lawyers and judges to national leaders. This can, and does lead to unjust charges and convictions. In my view, these situations should be reviewed on a case-by-case basis.
In its submission to the committee, the Metro Toronto Chinese and Southeast Asian Legal Clinic wrote:
Implementing additional immigration and citizenship penalties for individuals being charged or with convictions is inherently dangerous in that it leads effectively to situations of double jeopardy—that the individual will be punished once by the criminal justice system and then a second time through the immigration and citizenship system.
There are many countries around the world where rule of law is underdeveloped or completely inadequate, or where individuals are charged and convicted for purely political reasons.
While those appearing at committee used the example of Canadian citizen Mohamed Fahmy as an example of how not all justice systems reach the same verdicts as ours, I would also like to draw to the attention of this House that, in 2001, the House voted almost unanimously in favour of awarding Nelson Mandela honorary Canadian citizenship. Under the current laws, if someone like Mr. Mandela immigrated to Canada, he would have been automatically barred from applying for citizenship to Canada through the regular channels.
At the committee, the issue of minors coming to Canada without parents or legal guardians was highlighted to members as an area of significant concern. Unless applying for citizenship as part of the application with parents or guardians, individuals must be 18 years of age or older to become Canadian citizens. While the government argued that there is already a remedy in place to address this, at issue, as explained by Justice for Children and Youth, is as follows:
Section 5...allows for an applicant to make a request to the Minister on humanitarian grounds for a waiver of the age requirement. ...this humanitarian exemption poses a generally insurmountable barrier for children wishing to access citizenship and is not a reasonable limitation or a satisfactory solution to issues raised by the age requirement provision.... The provision in effect restricts access to Canadian citizenship for children—solely on the basis of age—who otherwise meet all the requirements. It restricts access to citizenship for the most marginalized children, i.e. unaccompanied minors, children without parents or lawful guardians, and children with parents who do not have the capacity to meet the citizenship requirements or do not wish to apply.
My proposed amendment would have provided a pathway to citizenship for youth under 18 years of age without a parent or guardian who is, or is in the process of becoming, a Canadian citizen. Addressing this issue was supported by organizations such as Justice for Children and Youth, the Canadian Council for Refugees, and UNICEF Canada, among others. Unfortunately, the amendment was not adopted by the Liberal members on the committee.
While we are on the subject of minors in the citizenship process, in a brief submitted by Justice for Children and Youth, it was noted that the citizenship process fails to adhere to the principles of the Youth Criminal Justice Act. It states:
Youth criminal justice records and ongoing proceedings before the youth criminal justice court cannot and should not be considered for the purpose of citizenship applications because to do so is contrary to the Youth Criminal Justice Act..., specifically violates the privacy protections afforded to minors by the YCJA, and is inconsistent with the fundamental purpose of the YCJA.
Once again, the narrow scope of Bill deemed this amendment inadmissible.
On the theme of pathways to citizenship, another issue that was brought in when Bill was tabled and was not rectified by Bill is the issue of double-testing in language. There is no doubt that acquiring skills in one of Canada's official languages is an important aspect of building a successful life here. However, under changes made by the Conservatives, the knowledge test of Canada required to obtain citizenship now amounts to a double-testing of language skills.
Prior to the Conservatives' changes, individuals had the ability to take the knowledge test with the aid of an interpreter. Due to the changes, the interpreter is no longer provided, and this amounts not only to second language testing, but to a language test that, as we heard from experts who appeared at committee, is arguably more difficult than the actual level of English or French someone must have to pass the actual language test.
My amendment to address this problem and go back to the old system, which would have been the case had the Liberals followed through on their election promise to repeal Bill , was rejected by the committee. I do think this is most unfortunate, as the current rules only serve to maintain the barriers for the pathway to citizenship.
I am pleased that I was successful in advancing and passing two amendments to Bill , which will now enshrine in the law the duty for reasonable accommodation, ensuring that the citizenship process adheres to the principles of the Canadian Human Rights Act for those with disabilities. This will make disability accommodation a right, not something provided out of mercy or on the basis of compassion, as it formerly was.
My amendment clarifies the requirement of the duty to accommodate those with disabilities as they navigate through the citizenship process. Currently, vague words of required “proof” and discretion around accommodation can lead to individuals, who would otherwise be able to become Canadian citizens, being denied due to a lack of disability accommodation.
There is much more to—
:
Mr. Speaker, I want to take this opportunity to thank my hon. colleague for all of her hard work and dedication. It is a wonderful thing to work with people who are so dedicated to making a difference and looking after these issues that are so important to the people we serve.
I am glad to rise in the House and speak on Bill an act to amend the Citizenship Act.
As a former executive director of an immigrant-serving agency in my riding, I want to convey to members here the sense of betrayal that the former Bill had on our sector and on the people we served.
In my role as executive director, I spoke at many citizenship ceremonies and worked with people as they prepared for their citizenship here in Canada. I was constantly overwhelmed by the immense sense of pride and dedication people felt as they prepared and finally became Canadian. It was events like this that really made me the proudest to be a Canadian citizen.
However, Bill created a second class of citizen. In fact, it institutionalized systemic discrimination. It was a bill that was so unconstitutional that it had no place in our democratic foundation.
Under the Charter of Rights and Freedoms, all Canadians are equal. It will be good to see this idea begin to be reflected in our legislation again. As our leader said in the 2015 campaign, “...a Canadian is a Canadian is a Canadian”.
During the last election, the NDP promised to repeal Bill , and I thank so much again my colleague from who worked so hard to really make that happen. I was very sad when all of those amendments were not heard.
Bill in its current form aims to rectify these missteps, but the bill does not do it entirely. After reflection, I am mindful that the bill is not ideal but it will repeal some of the harmful and unconstitutional changes to citizenship made by the previous government. Therefore, I will support its passing in the third reading.
While this is a step in the right direction, there are also many challenges that remain for immigrants. We call on the government to take urgent action on lengthy wait times and huge backlogs, on family reunification, and on the barriers to citizenship that still remain in place.
In the last session of Parliament, the NDP firmly opposed Bill . We called on the Conservatives to withdraw it from the very beginning, but the Conservatives refused to listen.
While some of the changes implemented by the former bill were, in some cases, overdue and addressed some of the deficiencies in the system, others were so draconian that Bill was widely opposed by respected academics and experts in the field of law, including the Canadian Bar Association, the Canadian Association of Refugee Lawyers, Amnesty International, the Canadian Council for Refugees, and UNICEF.
During the time of canvassing across my riding, and in the work I did previously, I met many members of the communities I served. I heard stories of people who were choosing to not venture toward becoming citizens, because they were very hurt about this second class of citizenship, and many parents were very concerned for their children.
One parent told me that his children had dual citizenship. He was choosing not to get Canadian citizenship, but he had married a Canadian woman and they had children who had both the citizenship of his first country and hers. Now he is worried about how much their Canadian citizenship actually means. He said to me that his children live here, that they will be raised here, and that this will be the only country they will ever know as home. What if they do something and Canada decides to take away their citizenship? Where will they go?
Other people said to me that it felt as if the government did not want them to become a citizen. They felt that they were a potential risk simply because they were born in another country.
These stories illustrate the real fear that people are feeling and the total disregard for their dedication to this country of Canada.
Bill begins to make some of those changes, but it still leaves that hesitancy. It still has so many barriers to citizenship. It still provides too many things that create fear for members.
I hope the government will listen and make the amendments in the fall that my hon. colleague suggested. Let us move forward in a positive way in this country.
I am glad that these provisions will no longer be law. Nevertheless, I am disappointed that Bill does not go far enough. It would still allow the minister to revoke someone's citizenship without the right to a judicial hearing. No matter how good their intentions, ministers simply should not have secret discretionary powers.
Prior to Bill , individuals who were accused of fraud and risked having their citizenship revoked could request a hearing before a Federal Court judge. A final decision would be made by the Governor in Council. Bill allowed the minister to make a decision based on a review of paperwork, with no right to a judicial hearing. The Liberals' failure to address this feature in Bill means that there may still be a constitutional challenge to the Citizenship Act.
The NDP believe that a citizen facing revocation should always have the right to a hearing before an independent and impartial decision-maker as part of a process that considers humanitarian and compassionate factors.
I remember that the , during the campaign, talked about decentralizing the powers purposely accumulated in the PM's Office. The last government concentrated power in its different omnibus legislation. What happened to the right to a hearing and to due process?
In my last job, I served many newcomers to Canada. Some of the stories I heard were sad, and the commitment to becoming Canadian, in a country seen as free and inclusive, was tangible. The fact that the minister had the power to give or take away citizenship was a level of power that many people came to Canada to escape. Having a fair, transparent process is absolutely imperative.
When the bill was studied at the Standing Committee on Citizenship and Immigration, New Democrats proposed a total of 25 amendments. Only two of them were eventually passed, and I am so grateful that they were: the duty to accommodate for individuals with disabilities, and adding statelessness as a factor to be considered when granting citizenship based on exceptional circumstances. The remaining amendments were voted down and the Liberals did not give a reasonable rationale for opposing them.
The Liberals need to do more. The has repeatedly acknowledged the considerable shortcomings of his ministry. He promised to take action on the long wait times, but we have still not seen a concrete plan.
Now that this legislation is at third reading, let us start to have this discussion in terms of how to reform it correctly.
The minister should disclose the reasoning for and the frequency of discretionary grants of citizenship. There must be action on cleaning up the mess at Immigration, Refugees and Citizenship Canada, including speeding up family reunification, putting an end to lengthy backlogs, removing the cap on parent and grandparent sponsorship, and speeding up processing times for immigration and citizen applications, especially in light of the high fees paid by applicants who receive very poor service in return. The challenges I faced in my last job would have tested the patience of any normal human being.
The narrow scope of Bill prevented many amendments recommended by expert witnesses, including the Canadian Bar Association, from being admissible at committee stage. The minister has acknowledged this and suggests that the Liberals will need to introduce another immigration bill in the fall to address these shortcomings. I certainly hope to see it.
I would like to conclude today by urging the minister to work with us to table a truly comprehensive bill that will improve the Canadian citizenship process. It needs to happen, and it needs to happen soon.
:
Mr. Speaker, the bill before us today at third reading would make amendments to two acts, the Citizenship Act and the Immigration and Refugee Protection Act, which are two pieces of legislation that have a substantive impact on our immigration policy here in Canada. I started to get at this in my first speech on this topic.
My major concern is that the content of the bill is deemed to be the government's first priority in terms of addressing immigration concerns in Canada. My speech today will be in that context, because I feel that there are other more pressing concerns than the content of the bill that would positively impact our immigration system in Canada.
I will broadly frame my comments in two broad strokes. First is the prioritization of refugees coming to Canada and the criteria involved, and second is the supports provided for refugees coming to Canada.
Since the bill was first tabled, the Standing Committee on Immigration and Citizenship has had the opportunity to hear from many witness groups from across the country with regard to how the government's Syrian refugee initiative is playing out. Certainly I think I would be united in a non-partisan way with people on all sides and of all political stripes in this House in saying that Canada wants to help, has a duty to help, with the humanitarian and refugee crisis unfolding in the Middle East. The question really becomes how.
During the campaign, the now governing party I think really engaged in what was a series of one-upmanships in terms of the number of refugees who were coming to Canada. I think that was fairly shameful.
We certainly want to ensure that we have refugees coming to Canada, but we also have a duty to protect them. I think that is what the government should have been focusing on, as opposed to the content of the bill.
When we talk about refugee supports, one of the first things we have heard about over and over again is language training. The government has brought tens of thousands of refugees to Canada in a very short period of time. What we are hearing from settlement services groups, as well as from the refugees themselves, is that they are not able to access language training services. This has a material impact on their ability to integrate into Canadian society and to have a full and positive experience here as Canadians.
We heard from one man, a new refugee who I believe was in the Surrey area. He was talking about how he had been waiting for months to receive language training services and was not able to obtain them. What really struck me at my heart was that he also said that his wife, who is at home with their children, did not have the opportunity to receive language training services.
What is interesting is that when we tie this back to this bill, the bill actually makes significant changes to the language requirements for the attainment of citizenship. It actually reduces the age at which someone has to be proficient in one of our official languages to achieve citizenship.
What we are hearing in the context of support for Syrian refugees around language training services, is that language is a unifier. It allows refugees and newcomers to Canada to obtain employment, to ensure that they are not isolated, and to fully participate in the rich fabric of our country. What we have heard over and over again is that the government, so far, is failing to provide support for the high number of refugees it brought into the country.
To have this bill in front of us while this is rolling out really sends a message that we are not valuing language as a unifier in Canada. I really think that the government, rather than lowering the age, should be looking at how it can provide better language training services. We certainly heard this at committee in the review of this bill. This has actually been a theme of this entire parliamentary sitting in committee.
Moreover, we are also hearing from school boards across the country saying that the Liberals did not consult with them on how they were going to absorb the rapid influx of refugees in a very short period of time. Representatives of the Calgary Board of Education provided some very powerful testimony at committee last week. They talked about how they had absorbed the equivalent of a new elementary school in a very short period of time and had not received any additional funds from the province.
The province told the board to track its costs. When I asked the board representatives if they thought they had been told to track their costs so the province could send a bill to the federal government, they said yes. We asked department officials at committee if there were any plans for the government to provide additional funding, support, or address the concerns of the schools boards, and the answer was no, that this was not under consideration.
We have heard over and over again from the minister that education is a provincial concern, that he is going to wipe his hands of that, and that he is not going to talk about it. However, these are human beings, not numbers on a score card. The minister has more of a commitment than just standing in the House of Commons talking about how many people he has brought here, like it is some sort of tally sheet of which he can be proud.
Yes, we need to help people and, yes, we need to ensure they come to Canada. However, we also have to provide for them when they are here. The fact is that the government has not costed this out. It has not costed out the provision of language training services. Its campaign promise said that $250 million would be dedicated to the entire Syrian refugee initiative. Yet when departmental officials appeared at committee to talk about these costs, they could not even tell members of Parliament, in a meeting to look at supplementary budget estimates, what the entire cost across government was for these programs.
From what we have heard so far, it is kind of in the neighbourhood of $1 billion, maybe. However, what was even more concerning was when I asked officials if they had calculated the downstream costs to municipalities, for example, with school boards, or provinces, for example, of the health care system and whatnot. They could not answer that either. They had not made those calculations.
Going back to the bill, the government has fundamentally changed the pace at which refugees are brought into Canada, which is its decision. However, it also has an obligation to fundamentally change how we support refugees and then be transparent to Canadians on that costing. It sold Canadians a bill of goods by putting in its platform that $250 million would be the total cost of this initiative, saying it was a fully costed initiative. Then it was unable to tell the committee what the costs actually were.
I spent some time in management consulting, in which people are trained to ask what services they are providing, why they are providing them, and then look at the resourcing afterward. The fact that we are not even having this conversation here tells me that the government has significantly failed in its refugee initiative. It is not just me saying this as an opposition member. These are non-partisan service groups that have come to committee, I think somewhat reluctantly, because there has been so much fanfare.
The minister got very hot under the collar when I made fun of his photo ops. I remember being at Pearson airport, watching that very glossy photo op take place. These were privately sponsored families. Why were dozens of ministers in attendance and taking photos when the focus should be on transitioning them and providing more support?
These agencies appeared at committee. They said they had their funding cut and they had to cut hundreds of spots for language training. One of the school boards said that it had to increase class sizes and delay maintenance on some of its buildings. The made a comment in one of his questions to my NDP colleague, saying that the government was doing a wonderful job on the refugee initiative. We all want to help. We want to bring refugees to Canada, but the government is doing a disservice to these refugees by sort of pushing this under the rug.
This is why I think this bill has misplaced its priorities. There is going to be a significant impact on affordable housing. I know my colleague from said that there were several groups from the greater Vancouver area at committee talking about the lack of availability of affordable housing in that area and how the current stock that might be available did not necessarily meet the needs of large, multi-generational refugee families. One refugee said something to the effect that there were bugs in his family's apartment, that they used spray and sometimes it did not work. Is this really the life that we want for refugees when they come to Canada?
There is another silo that the government could have looked at in terms of its legislative or management priorities with respect to this bill, and that is the privately sponsored refugee silo. These groups of people fundraise within their community to bring refugees to Canada, to support them and integrate them into the community. They are the heroes of the refugee initiative. I hope no one would disagree with me on that. I believe the refugees that the took his big photo op with at Pearson airport were not government sponsored refugees but privately sponsored refugees who had been fundraised for by the community. I wish those sponsors had been in that photo op, but they were not.
Some of these groups have actually fundraised tens of thousands of dollars to bring refugee families to Canada. They were told by the government that their refugee families would arrive within a very short period of time, days or weeks. They obtained apartments, contracts for cellphone services, child care, and whatnot. We have heard numerous cases in question period. I have had dozens of requests come into my office, asking why the refugee families have not arrive. These groups have had to release the apartments and waste donor money and their efforts of goodwill.
Therefore, when we look at the experience that some of our government sponsored refugees are having with respect to having to stay in hotels for months at a time, the lack of ability to find affordable housing, the concerns we are hearing about language training services and social inclusion, the fact that the government has not married those two silos, given the rapid influx, or put any effort into bridging those gaps, has done a real disservice to the groups of people that have raised all of these funds, as well as to the refugees themselves. I wish the government had spent some time thinking about that as opposed to tabling this legislation, which I do not think helps these refugees over a longer period of time, especially given the language concerns that have been raised.
The second component I want to raise with respect to priority is another theme that we have heard over and over again at the citizenship committee, as well as in the House of Commons. The government really has not been able to tell Canadians the criteria that it uses to prioritize refugees coming into the country. On multiple occasions, I have asked the minister and his parliamentary secretary about this.
I remember being on an interview panel with the parliamentary secretary. I asked how the government was prioritizing because there were refugees from other parts of the world as well. That is a very fair question. It is not a partisan one. When we have groups, especially these privately sponsored groups, saying that they do not understand why their applications for an Iraqi family have been rejected because the government is focusing on people from Syria or from other parts of the world, it is fair to ask what the criteria is.
However, the parliamentary secretary said that the government was treating Syrian refugees differently. What does that mean? What message are we sending Canadians? That is a very timely discussion and one that the government will have to deal with in a very short period of time. The committee has heard from refugee settlement and sponsorship groups. They are asking this question as well. I am not saying this as an attack on the government. Rather, we should not shy away from talking about this. It is important today because of the report that was issued by the United Nations Human Rights Council.
Again, while the government is focusing on this bill, something really significant is happening in the world. There is a growing international consensus that ISIS, the so-called Islamic state, is committing genocide on ethnic and religious minorities.
The report today focuses specifically on Yazidis. The report states point blank that ISIS has committed the crime of genocide, as well as multiple crimes against humanity and war crimes against Yazidis, thousands of whom are held captive in the Syrian Arab Republic, where they are subjected to the most unimaginable horrors.
We had committee testimony. There was this very strange back and forth with the department officials. My colleague from Markham—Unionville asked how many persecuted Yazidis had been guaranteed permanent resident status as part of the government's Syrian refugee program.
Ms. Dawn Edlund from the department said “... I believe it's nine cases at the moment”. This was quite shocking. The department officials said that they actually were not tracking refugees through this initiative based on their ethnicity or religious background.
Oftentimes when we talk about ethnicity or religion, it comes up in a xenophobic context. However, Canadians live in a very wonderful secular society where church and state are very much divided. We live in this wonderful pluralism. Sometimes we actually cannot comprehend that there is religious conflict in this world, that there are crimes committed against people simply because of how they worship.
In this case, today the UN said that the most horrific atrocities were happening to a group of people. These people are being systematically wiped off the face of the earth because of what they believe in. Therefore, it is a fair to ask the department officials, in determining who is the most vulnerable, the criteria by which refugees come to Canada. Why is the department not tracking these things? Why is there not a specific initiative set up to take the most persecuted?
We know ethnic and religious minorities cannot, and sometimes do not, present at refugee camps, which makes it impossible for the UN to register them as refugees. Therefore, when the governing party members use their talking points that they rely on the UN and its designation, sometimes we have to realize the system is not foolproof.
In this situation, I fully believe the UN criteria to bring refugees out of that area is not foolproof. We only had nine cases that the department was able to point to with respect to Yazidi refugees. That is out of tens of thousands of people who were brought to Canada. This tells me the government is not doing its job in bringing the most persecuted here to Canada.
Again, I would encourage the government not to shy away from this. The government has a lot of opportunity here and a lot of goodwill from Canadians to continue the refugee initiative. However, I would encourage it to ensure it stays effective and that Canada does its best to bring those most persecuted people here.
The UN put forward several recommendations today to the international community. Some of these could be very important priorities for the government. I hope it takes these to heart and acts on them quickly. Again, this is why I find it surprising that we are debating some of the form and substance of the bill today. These recommendations were to recognize ISIS' commission of the crime of genocide against the Yazidis of Sinjar. There are many recommendations in here, but the one that struck me the most was to accelerate the asylum applications of Yazidi victims of genocide.
There are ways that we can do that. Section 25 of the Immigration and Refugee Protection Act includes a provision by which we can set up a special program to bring internally displaced persons to Canada in a very short, immediate period of time. We have asked the and the minister if they would consider doing that for this group. Their response has been to turn a blind eye to religion and just look at the UNHCR guidelines.
I understand what they are trying to do, but, again, from the bottom of my heart, we have a duty to these people. Their ethnicity and religion is why they are dying. Therefore, we cannot turn a blind eye to that. This is not xenophobic; it is stating fact.
In conclusion, I am disappointed in the bill. At the end of the day, when we look at citizenship, we want to ensure we benefit from those who come to Canada and their richness of experience. They in turn benefit from Canada with respect to their experience of having a full life that is free, with freedom of opportunity, free to love whom one wants, and free to pursue whatever opportunity. However, we need to empower them to do that, and a lot of the measures in the bill frankly do not do that.
We should be talking more about support. We should be talking more about how we support these people and the fact that the government has drastically altered the immigration levels of our country. This is where I see the bill falling short.
:
Mr. Speaker, I will be sharing my time with the member for .
I rise to speak to Bill , an act to amend the Citizenship Act and to make consequential amendments to another act. Bill C-6 would make specific and targeted changes to legislation passed by the previous government in Bill . The objectives of those targeted changes are twofold.
Before I expand on those two objectives, I wish to state the following. We live in the best country on the planet: Canada, which we share with our first nations and on whose shores generation after generation landed. We are a Canada of first nations, immigrants and refugees, and their progeny. These were and are freedom's shores and the land of opportunity. It is a great privilege and good fortune to be a citizen of our country.
I state this as the son and grandson of refugees. Both of my parents and all four of my grandparents were refugees who arrived from displaced persons camps. My paternal grandmother called Canada freedom's shores, where everyone was equal before the law and where for the first time in her life she had the vote. She had a voice as an equal citizen. It is with this very personal legacy in mind that I speak to Bill .
One of the two objectives of Bill is to make the journey toward citizenship less onerous and to bring it back to the standards and requirements of a system that worked well previously. There are changes such as reducing the length of time required to be physically present in Canada to qualify for citizenship. It would be reverted back to three of five years as opposed to four of six. It would also allow time in Canada before permanent residency to count as half-days toward the physical presence requirement. This would allow people who came here to study or work, or are under protected persons status the comfort of knowing that they are welcome to begin the process toward citizenship. As well, it would amend the age range for language and knowledge requirements from age 14 to 64 back to the previous 18 to 54 age requirement. These are important changes.
However, the most important objective of Bill is to address the dangerous precedent set by Bill , which created two classes of citizen: first-class citizenship for those who obtained citizenship through birthright; and second-class, revokable citizenship for those became citizens by choice, often by difficult choice and through hard work.
During the last election campaign, our and the Liberal Party of Canada made clear to the millions of Canadians whose citizenship had been denigrated to second-class status and done so retroactively by the previous government's Bill that we would rescind the offending clauses of that legislation. Simply put, under a Liberal government a Canadian would be a Canadian would be a Canadian once again.
A foundational principle of western liberal democracies is the concept of égalité: that every citizen is equal before the law and is to be treated equally by the law. No citizen has an inherent birthright privilege. This runs counter to historical feudal notions of hierarchical rights granted to different groups based upon birth: caste born into; ethnicity born into; wealth born into; or, in the extreme, the birthright of royalty and the absolute, the divine right of kings. In the liberal democratic west, we are beneficiaries of a system built upon the sacrifices of those who revolted against the injustice of feudal birthright inequality.
The concept of equality was at the core of the French and American revolutions and succinctly put into the American Declaration of Independence by Thomas Jefferson, who wrote, “all men are created equal”. I would with humility paraphrase today that all humans are created equal.
In Canada, the principle is enshrined in our Charter of Rights and Freedoms. We live under a system of rule of law. However, all laws must subscribe to the fundamental principles of the Charter of Rights.
When expert witnesses appeared before the Standing Committee on Citizenship and Immigration during our review of Bill , I asked the panellists, those who both criticized and supported the Conservative Bill , a simple question: “One of the fundamental principles of our justice system is that every citizen is treated equally before the law... Do you subscribe to this principle?” I asked for a simple yes or no.
Surprisingly, both critics and proponents of Bill responded yes. Only one did not state yes, prevaricating that “For me, it really reflects...the force of that argument, of the position the government has staked out. I still think there are circumstances in which the breach is so fundamental that it requires some other remedy...”.
Even within this prevarication, the only “no” among the witnesses to “should every citizen be treated equally before the law”, one finds an embedded logical disconnect. If the breach is so fundamental that it requires some other remedy, as was stated, should this other remedy, assuming it is a more arduous legal penalty for a fundamental breach, not apply to a Canadian-born terrorist or person engaged in treason, as well?
However, there are other rational disconnects and legal, ethical pitfalls to this section of Bill ; for instance, the penalty for a terrorist or treasonous individual who is a dual citizen of a country that is a state sponsor of terror. What would deportation to such a country result in? Would it be a hero's welcome?
On the other end of the spectrum, would we strip Canadian citizenship and deport to a country that subscribes to torture or a country in whose prisons individuals “disappear”?
The question then becomes this. Why did the Conservative government, in the year leading up to an election year, enact a law so deeply flawed; a law that not only offends the fundamental principle of equality before the law; a law that would not stand up to a charter challenge; a law whose penalty in practice could create moral jeopardy or lack of consequence?
Perhaps the answer lies in the observation that it was the same governing group that established a snitch line for barbaric cultural practices during the last federal election campaign—a slightly more camouflaged attempt at the dangerous politics of division and demagoguery that we are currently seeing in the lead-up to the U.S. presidential election.
However, would a Canadian government knowingly resort to undermining the fundamental principle of equality before the law for electoral gain?
As our pointed out not long ago in this House, it was the same Conservative Party that took away the fundamental right to vote from Canadians in the 2011 election.
During the election campaign, I was proud to be part of a team that pledged to do politics differently; whose leader would not succumb to the temptation of dividing Canadians against themselves; who spoke to our better angels.
As I speak today, I think back to the principles my grandmother imbued me with. She was a hard-working refugee who loved her Canada, who loved our Canada, a country that, for the first time in her life, had given her a voice and the same equal rights of every other citizen. She never missed a vote, and she taught her grandchildren to stand against the injustice of inequality, which had been her lot in life prior to landing on freedom's shores.
Our government, the , and the Standing Committee on Citizenship and Immigration worked hard and diligently on this legislation.
It is with pride that, this upcoming Canada Day, we will be able to declare that our and our government have fulfilled their commitment and under the current government, once again, in Canada, a Canadian is a Canadian is a Canadian.
:
Mr. Speaker, I rise to speak in favour of Bill . I will be using my time today to obviously outline why I support this bill, but also why these changes are deeply needed to improve the Citizenship Act as it stands today. I will be splitting my time with the member for .
This bill fulfills many of our campaign commitments that we promised during the recent election, when our party was given the honour to serve as the government. If we look back to the campaign, in my riding of Brampton South, I heard a lot about the Conservatives' approach to immigration. I heard, loud and clear, that their approach pitted groups against one another. It was not about bringing people together. Simply, people told me it was slow.
In the first few months of our government, we have chosen different priorities. We are focused on reuniting spouses and families. We are focused on reducing the backlog. We are focused on a more compassionate approach to refugees. This is why we have taken in many refugees, notably from the Syrian communities, but we also continue to take in refugees from many countries at an exceptional pace of processing.
Immigration is the number one topic I hear about in my constituency office. It is what I hear about all the time, because we live in a globalized world where the links are local through technology to places all over the world.
I do not hear about vague economic ties. It is people's family member, friend, or small business that connects them. Immigration, the movement of people, is at the core of that relationship. The connection our country holds with other countries is enriched and built by individuals. It is about people. Everyone deserves dignity and a fair chance to succeed.
Under the previous Conservative government, the system was broken. It was hard for people to reunite with families, and they were made to feel as if seniors and youth were not worthwhile pushing for.
I will be honest. We should be creating an immigration system that is working for everyone and working in a timely way. The minister's job, and something this minister has been particularly good at it, is to create a fair and just system. A fair system is compassionate, timely, and ensures people have a clear understanding.
Now with Bill , our government is making changes to improve the system. Our government is reducing wait times, shrinking backlogs, and working hard to prioritize people who need us the most. We can be proud of that system and these changes.
Since June 2015, adult applicants are required to declare, on their citizenship applications, that they intend to continue to reside in Canada if granted citizenship. The provision created concern among some new Canadians who feared their citizenship could be revoked in the future if they moved outside of Canada.
The government is proposing to repeal this provision. All Canadians are free to move outside or within Canada. This is a right guaranteed in our Charter of Rights and Freedoms.
Bill would also improve the lives of permanent residents, who would have one less year to wait before being able to apply for citizenship. They would be able to count time they spent physically in Canada before acquiring permanent resident status.
I want to applaud the amendments that came forward at committee. They protect groups and people who need protection, particularly stateless people. I further want to applaud the inclusion of a focus on people with disability. This is a stated priority of our government.
I am pleased to see that, as MPs, we are working together to meet these stated goals. This is about people. I am also pleased to see changes to the language requirements in this bill, which would remove potential barriers to citizenships for seniors and youth who apply. This would make a real difference in the lives of many who are seeking to reunite with family or their spouse.
In May 2015, legislative changes came into effect that created new grounds for citizenship revocation and allowed citizenship to be taken away from dual citizens for certain acts against the national interest of Canada.
These grounds include convictions for terrorism, high treason, treason or spying offences, depending on the sentence received, or membership in an armed force engaged in armed conflict with Canada.
This bill is sensitive to some who were convinced in the previous government's time that terrorists on Canadian soil with dual citizenship could be shipped off because Canada was sending a tough message to terrorists abroad. However, that shirks our responsibility to deal with these people ourselves. It says that our own system is not strong and capable enough and that the person is not a homegrown terrorist. That speaks to an experience others could be having here in Canada. If we have people reading ISIL propaganda here in Canada and plotting, we need to deal with those people and that reality ourselves.
We have had a few examples of this in the past couple of years. We need to tackle the fact that this mentality and this problem is not isolated elsewhere. We cannot just ship off our problems. A Canadian, despite what the person may have done, is still a Canadian and should be dealt with in Canada.
However, the ability to revoke citizenship when it becomes known that it was obtained by false representation, by fraud, or by knowingly concealing material circumstances will necessarily remain in place.
The minister would continue to have the authority to revoke citizenship in basic fraud cases, such as identity and residence fraud, and the Federal Court would continue to have the authority to revoke citizenship in cases where the fraud was in relation to concealing serious inadmissibilities concerning security, human or international rights violations, war crimes, and organized crime. I think all hon. members would agree that no one should be rewarded with Canadian citizenship if they attempt to obtain it through false pretenses.
Bill is a comprehensive bill that deals with outstanding issues, but it also pushes us forward. Many permanent residents in my riding of Brampton South are looking forward to being given credit for time spent in the country before becoming citizens.
This is what real change looks like, and I am pleased that we are discussing all of these issues. Together we can ensure a Canada that is both diverse and inclusive. We will continue to ensure the safety and security of Canadians.
In fact, on a related note, I want to applaud the announcement of the yesterday on border exits, which will go a long way in further benefiting our immigration system. Announcements like this are what working together in government looks like.
Bill is the right bill at this time to fix a system that is not inclusive, not focused on people, and not processing things fast enough for the people affected on the ground, like the people in my riding of Brampton South. I know that they want this bill passed at the earliest opportunity and want to see a system that is fair. I look forward to voting for this bill. I hope all honourable members will be doing the same.
:
Mr. Speaker, I rise today to voice my serious concerns about Bill .
Canada is the greatest and the most generous nation in the world. Our diversity is our competitive advantage, and having strong evidence-based immigration policies is vital as we continue that tradition.
We must have the right policies in place to ensure that Canadians and new Canadians can take pride in their citizenship for generations to come. However, the Liberals have literally ignored this fact, despite their commitment to transparent evidence-based policies. The Liberal government has consistently demonstrated the exact opposite since coming to power. They are recklessly politicizing Canada's immigration policy, despite the important role it plays in safeguarding the future security and prosperity of all Canadians.
The bill before us would reverse changes to the Citizenship Act enacted by our previous government, with the most notable changes being the ability of the government to revoke the citizenship of a dual national convicted of a terrorist act and the requirement that new Canadians sign an oath declaring that they intend to reside in Canada.
We believe that new Canadians enrich and strengthen our country. Their experiences and perspectives make us stronger. Immigration is an important part of who we are as a nation and of the strength of our nation's future. We want newcomers to Canada to have every opportunity to succeed, with opportunities for economic success, the experience of our many freedoms, and the experience of safe communities.
However, I am concerned that the Liberals' first priority, when it comes to tabling immigration and public safety legislation, is to effectively give back citizenship and protect the rights of a convicted member of the Toronto 18, Zakaria Amara. Bill would overturn the previous rule of stripping Canadians of their citizenship if they are charged with plotting against their adopted country. These charges include treason, acts of terrorism, and armed conflict against Canadians. As members can see, these are very specific instances.
It is baffling to me that the Liberal government would prioritize restoring Canadian citizenship to Zakaria Amara. Mr. Amara has so far been the only individual whose Canadian citizenship has been revoked under the changes made by the previous Conservative government.
To provide some context as to why this is important to me and to Ontarians, Mr. Amara had been previously sentenced to life in prison for his role in a bomb plot against a number of high-profile targets in Toronto and southern Ontario. This included a plan to rent U-Haul trucks, pack them with explosives, and detonate them via remote control in the Toronto area. Police thwarted the plot when they arrested Amara and 17 other people in the summer of 2006.
For many families, including mine, the news of the plot was very unsettling. Why would the Liberal government make these changes and not consider the opinions of Canadians in the GTA and how it would impact them, given what happened a decade ago? Other experts in the field have similar views.
Ms. Sheryl Saperia, director of policy for Canada for the Foundation for Defense of Democracies does not believe the provision should be repealed. In committee testimony, she stated that in cases where the crime is not just a crime under the Canadian Criminal Code but a crime against Canada as a national entity, by virtue of a person's actions, this might forfeit the right to Canadian citizenship. She said:
This has nothing to do with discrimination. This has nothing to do with putting up roadblocks, certainly not for any particular community. This is about people's actions. What they choose to do has certain consequences, which may include the revocation of citizenship.
She continues to claim, “I believe that, when people commit a crime against the country itself, then they are potentially forfeiting their right to that citizenship.” She also believes that it is not unreasonable to revoke citizenship for someone who is convicted for crimes of treason, espionage, armed conflict, and terrorism against Canada.
Finally, she states:
I don't believe that Canadian citizenship should just be so easy to receive. I believe it is truly a privilege and a gift. Canada is the most wonderful country in the world to live in. I don't believe it is unreasonable to create minimal standards for what it takes to retain that citizenship. I stand by my defence of the ability to revoke citizenship for those crimes against Canada....
Furthermore, when Mr. Shimon Fogel, chief executive officer of the Centre for Israel and Jewish Affairs, last appeared before the committee to testify regarding the previous Conservative government's Bill , he articulated a position in support of the revocation of citizenship from dual national Canadians who have committed certain offences including terrorism offences. This position was a reflection of his belief that in the case of certain particularly heinous political crimes, the perpetrator is actually guilty of two distinct offences. First, they are guilty of the particular crime they have committed. Second, they are guilty of the fundamental betrayal of the core values on which Canadian citizenship is based.
To quote Mr. Fogel:
Our support for this provision [to revoke citizenship] reflects the desire to address not just the crime but also the grievous insult to Canada and Canadian identity that has taken place.
There is only one class of Canadian citizen and all Canadians deserve to be protected from acts of terror. It is also extremely worrying that under the bill a dual national's citizenship cannot be revoked for committing a terrorist act, but can be for simple fraud.
Bill also removes the requirement that an applicant intends, if granted citizenship, to continue to reside in Canada. Applicants for Canadian citizenship will no longer need to intend to remain in Canada upon gaining citizenship.
I believe that new Canadians enrich and strengthen our country. Their experiences and perspectives make us stronger. Immigration is an important part of who we are as a nation and the strength of our nation's future. We want newcomers to Canada to have every opportunity to succeed: opportunities for economic success, the experience of our many freedoms, and the experience of safe communities.
The “intent to reside” provision likely does not restrict mobility rights guaranteed under the charter and instead reinforces the expectation that citizenship is for those who intend to make Canada their permanent home. We hope that those seeking Canadian citizenship intend to bring their personal experiences and contributions to our country and enrich it by residing here.
In addition, Bill seeks to reduce the number of days during which a person must have been physically present in Canada before applying for citizenship. Under the existing Citizenship Act, the physical presence requirement was fulfilled if an applicant resided in Canada for 183 days in the four out of six years prior to making a citizenship application. The Liberal government proposed changes to reduce the physical presence requirement to three out of five years before the date of application.
We want newcomers to Canada to be successful and experience all that Canada has to offer. The longer an individual lives, works, or studies in Canada, the better connection that person will have to our beautiful and special country. I believe that strong residency requirements promote integration and a greater attachment to Canada. Participation in Canadian life for a significant period of time before they become citizens helps enrich both their experience and our country's future.
Finally, Bill limits the requirement to demonstrate a knowledge of Canada and of one of its official languages to applicants between the ages of 18 and 54 from the current ages of 14 to 64.
I cannot emphasize enough my belief that an adequate knowledge of either French or English is a key factor in successful integration into our communities and the labour force.
When I arrived in Canada, I began working in a factory. At the time, I was shy and spoke limited English. I have said this before and I will say it again. As a result, I had to rely on those around me to help me communicate with both my co-workers and supervisors. One day I needed help to ask my supervisor for some nails to complete the project I was working on. The young man I asked for help responded by demanding that I buy him lunch first. In this way, I was made to purchase lunch for this young man every day just to keep my job.
This is a situation that I hope other new Canadians never have to find themselves in. For myself and many others, learning the language allowed me to move past this difficult situation, further my own career opportunities, build a number of successful businesses, provide for my family, and support my own children as they pursue their hopes and dreams.
It is because of this experience that I support the immigration language requirements as they currently exist within the Canadian Citizenship Act. To change these provisions without thoughtful evidence-based research is both reckless and irresponsible. As I have repeatedly said, we want newcomers to Canada to have every opportunity to succeed, opportunities for economic success, and the experience of safe communities. Adequate knowledge of either English or French is a key factor in successful integration into our communities and labour force. Language proficiency promotes integration and a greater attachment to Canada. Proficiency in our official languages helps enrich both their experience and our country's future.
Does the Liberal government not value immigration and new Canadians enough to prioritize their successful integration? Are new Canadians simply a number in a politicized immigration levels plan, tabled without thought to what their lives will look like once they receive Canadian citizenship?
Part of successful integration is the opportunity to pursue meaningful employment. When questioned by committee members if any quantifiable consultation had been done into the economic implications of reducing language requirements, the answered that his government had not done so. My caucus colleagues and I demand the government implement sound, well-researched policies. The changes to the Citizenship Act as outlined in Bill fail on all fronts.