44th Parl. 1st Sess.
November 4, 2022 10:00AM
Madam Speaker, I thank the hon. member for his question.
I was speaking on Bill C-27 this morning. I am not an expert on the notwithstanding clause. Unfortunately, I will not be able to answer his question because I do not have the legal background to do so.
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Madam Speaker, since these are the last speeches before we go spend a week in our ridings and many members have already left the House to go be with their families and constituents, I would like to commend all those stalwart members who are sticking it out to the end. There are not very many of us, judging by the number of empty spaces there were in the parking lot this morning and by how easily I was able to find an EV charging station. There are very few of us here this Friday, but I would say that what we are lacking in numbers, we are making up for in quality.
The last thing we are talking about today before leaving for our last week in our ridings before Christmas is Bill S‑245. I do not really have any kind of an inside scoop to share since my colleague from Lac‑Saint‑Jean already announced just two weeks ago that the Bloc Québécois would be supporting this bill. I like to contradict my colleague from Lac‑Saint‑Jean from time to time just to tease him, but I will limit my teasing to his clothing choices rather than a bill that has such a significant impact on some people's lives. In short, I will also be supporting Bill S‑245.
I think my colleagues have already realized that the Bloc Québécois does not tend to be overly partisan. If a bill is good for Quebec, we vote for it, no matter who introduced it. If it is not good for Quebec, we vote against it. We always explain the reasons for our decision.
Bill S-245 does not really fit in that framework. It is about Canadian citizenship. It affects people who may live in Quebec, our constituents, but it also affects people who may live elsewhere in Canada or even elsewhere in the world. This bill is fundamentally connected to a person's right to Canadian citizenship. While it may seem a little counterintuitive for a Bloc member to defend Canadian citizenship, the principle I am defending today in supporting Bill S‑245 is that no one should have their citizenship arbitrarily taken away just because they have reached the not particularly venerable age of 28.
I would like to start by outlining the contents of this bill and its purpose, but I also want to offer two brief editorial comments about this bill's predecessor, Bill S‑230, and the immigration file in general because no bill should ever be analyzed in a vacuum without context and broader considerations. If we take too narrow a view of this bill in debate, we are likely to miss opportunities to improve not only this bill but also future bills.
Now back to Bill S‑245. What is this bill all about? Bill S‑245 seeks to close a gap, a loophole in the Citizenship Act. The bill concerns a small group of Canadians who lost their Canadian citizenship or have actually become stateless due to government policy changes over time. This small group of Canadians is called “lost Canadians”, and there are about 100 to 200 of them.
Here is a little background information. The federal Parliament passed its first citizenship legislation in 1947, but it was flawed from the beginning. Citizenship was not considered a guaranteed right at the time, but rather a discretionary power of Parliament. For instance, although it was set out that the children of a Canadian parent would also be Canadian, under this system, when the responsible parent took the citizenship of another country, his or her children lost their Canadian citizenship.
Furthermore, the legislation provided that children born abroad would receive citizenship only if their parents registered them within two years of their birth. It also included an obligation for these children to be domiciled in Canada on their 24th birthday if they were born to a Canadian parent who was born outside Canada. This meant that many individuals, even if they lived in Canada for part of their lives, may have unknowingly lost their citizenship status.
Finally, the legislation discriminated against certain children based on the circumstances of their birth. In order to have Canadian citizenship under the law, a child had to be born to married parents. The main purpose of the 1977 amendment was to simplify the citizenship regime. Once again, however, the amendments were far from perfect.
Although the new legislation did away with the requirement to file an application for a child within two years of their birth and stopped discriminating between children born to a married couple and those born to a common-law couple, it continued to differentiate between children born to a Canadian parent who was born in Canada and those born to a Canadian parent who was born abroad.
Under the 1977 legislation, Canadians who were second-generation or more and were born to parents who were born abroad were required to submit an application in order to keep and confirm their Canadian citizenship.
The legislation required these Canadians to apply by their 28th birthday or they would automatically lose their Canadian citizenship. One of the problems was that, having repealed the requirement for parents to register their children before they turned two, the government no longer had a list it could use to inform the citizens in question that they needed to confirm their citizenship before their 28th birthday. Some of these people who were born abroad returned to Canada, grew up here, worked here, raised a family here, and paid taxes here, all while oblivious to what they needed to do before their 28th birthday in order to avoid losing their citizenship.
Some criticized the government for not doing enough to publicize this requirement both here and abroad, so that citizens would be aware that their citizenship could be taken away. It is said that ignorance of the law is no excuse, but that does not mean that a citizen must be familiar with all existing laws. Immigration laws are particularly impenetrable.
In short, many people born while the 1947 law or the 1977 law was in force were at risk of losing their citizenship at some point in their lives without even being notified. They might only find out when they applied for a passport. They are the ones who came to be called the lost Canadians.
This situation came to light largely through the efforts of Don Chapman, a former United Airlines pilot who brought their plight to the attention of the public. Don Chapman discovered that he had lost his citizenship when his father had emigrated to the United States. He demonstrated that this problem affected many Canadians, even some as well known as Roméo Dallaire, and forced the government's hand.
If we think about it, these people suffered the same fate as those whose citizenship is revoked, which happens only if someone committed fraud, made a false representation or knowingly concealed information material to an immigration or citizenship application. This same extreme punishment was being meted out to people who had committed no offence whatsoever.
To remedy the situation, Canada adopted a series of legislative reforms in 2005, 2009 and 2015. Those three attempts notwithstanding, some people still slipped through the cracks. Despite being reformed three times, the act still requires people born between February 15, 1977, and April 16, 1981, to reapply for citizenship before they turn 28.
I am confident that this bill will pass unanimously, and at this point I would like to offer my first editorial comment on the bill's background. In the last Parliament, an identical bill, Bill S‑230, was passed unanimously in the Senate, but it did not have time to get to the House because the government called an election in the summer.
When the election was called, what I told my constituents who complained about the cost of the election, which members will recall was estimated at over $600 million, is that there were even more serious but lesser-known costs associated with the election and that was the cost of all the work that was done on a whole pile of bills in the House and committee that ended up being for nothing. Unfortunately, Bill S‑245 is another glaring example of that.
My second editorial comment is about the government's management of immigration in general. As we see here, many reforms were necessary to solve the problem and many citizens have been left in the dark for years. Nothing has changed, and the machine is still broken.
Despite all that, the government is announcing that, because of the labour shortage, it wants to increase the number of newcomers to 500,000 a year, when it is already incapable of managing passports, when applications for permanent residency are piling up and taking forever to be processed, and when it is almost impossible to get a work permit in 12 to 13 months.
When I ask businesses in my riding what would really help them with their workforce issues, the answer is not for the government to add 500,000 people to the waiting list. The answer is for the government to start managing the applications that are already in the pile more effectively.
Simply put, there is no shortage of problems for the immigration department to fix, and Bill S‑245 addresses one of them.
I would like to conclude by humbly inviting the government to finish the work of fixing and improving the immigration department before even considering getting involved in any new project.
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Madam Speaker, today I am pleased to rise to speak to Bill S-245. I want to extend my thanks to my hon. colleague from the Bloc Québécois who just spoke.
The New Democrats vote in favour of policies that are good for Canadians and will, of course, oppose those that do not. This is one of the bills that the New Democrats do stand in favour of.
This bill would fix a very old problem in Canada that has contributed to the pain and suffering of families on a really basic question of who they are and of their identities. It is a shame that our country has done this, and it is now time that we remedy it. However, the bill must go much further.
Indigenous people in Canada have long welcomed folks from other parts of the world so that they may find refuge, peace and prosperity here in our lands. That has been the promise of indigenous people to others for generations. However, that promise is foregone and broken when policies, particularly of this place, break that solemn commitment and force people into the worst states they can imagine. Sometimes they are deported or, worse, pass away.
Today we are talking about those lost Canadians, individuals who have been stripped of their Canadian citizenship because of arcane provisions. That is not to say this bill would fix all of Canada's immigration problems, of which there are many. It is simply a fix for an amendment that took place in 1977.
The Prime Minister has said, “A Canadian is a Canadian is a Canadian.” However, this is sadly not the reality for lost Canadians. Our laws continue to enforce a tiered approach to citizenship. According to the United Nations, Canada is a leading offender of making citizens stateless, and this is simply unacceptable.
It is long past time for Canada to right these wrongs by fixing our laws so that nobody is forced to once again lose their Canadian citizenship. Bill S-245 is a step in the right direction. It is a step that the New Democrats have called for and fully support. However, this legislation leaves many behind and does not go far enough. What we need is to fix the issue of lost Canadians once and for all.
Bill S-245 seeks to fix the long-standing issue of the age 28 rule. What is the age 28 rule? The age 28 rule was introduced, as I mentioned, in 1977 in the Citizenship Act, and it meant that second-generation Canadians born abroad had to reaffirm their citizenship status before their 28th birthday. It seems simple enough, but here is the catch: The government never published a retention form. It also never instructed those individuals that they had to reaffirm, and those affected were never told a retention requirement even existed, which is a shame.
Imagine someone who has been a Canadian citizen for their entire life. They shop in grocery stores in their community, send their kids to school, go to community plays and do all the things that everyone else in the community is doing. However, terribly enough, they are sent away to a police station and are informed they no longer have citizenship. This in fact happened here in Canada.
In 2015, Pete Giesbrecht of Manitoba was sent to the police and informed that he had just 30 days to leave the country or he would be deported. This caused shock and disbelief. Even when reading the words today I am shocked. He had carried his citizenship for 29 years and had lived in Canada since he was seven years old. However, because he was born in Mexico to Canadian parents who were also born abroad, the age 28 rule applied.
To regain his citizenship, his Canadian-born wife sponsored him and spent thousands of dollars on legal fees. No one should ever have to go through this. However, because of convoluted and arcane provisions in the Canadian immigration laws, people in this country have been unjustly stripped of their citizenship, an injustice that must end.
New Democrats have raised this issue for years, but successive Liberal and Conservative governments have failed to address the issue. The Conservatives have even managed to make the situation worse. The Conservatives said they were going to fix this issue when they were in government and introduced a bill entitled Bill C-37 over a decade ago. The bill did remove the age 28 rule. That was very good, but it was not applied going forward. Therefore, it did not allow Canadians who had already lost their citizenship to regain it. Those who turned 28 prior to 2009 were simply left behind.
When Bill C-37 was introduced, the Conservatives had an opportunity to help lost Canadians and fix this problem, the problem we are debating here today. However, the bill failed to close the gaps in our laws for thousands. Even worse, it created a two-tier system of citizenship, with second-generation born Canadians losing their ability to pass on citizenship to their children altogether. It was a shame. This is simply discriminatory and wrong.
In fact, today's legislation is the subject of a charter challenge calling on the government to change these discriminatory practices. Bill S-245, as presented, would leave these Canadians behind again. New Democrats will be putting forth amendments to finally address these outstanding issues, and I call on my colleagues and members of the House to look at these amendments and to truly help us fix this system and to stop the second generation cut-off so that second-generation Canadians born abroad can continue to pass on their citizenship to children, a very basic part of their family's identity and reunification.
There are also war heroes who have been left out. The first Governor General of Canada in 1867, right after Confederation, said that they had just created a new nationality called Canadian citizenship, yet according to Canada's immigration laws, Canadian citizenship did not exist prior to January 1, 1947. That means no soldiers who fought and died for Canada in battles like Vimy Ridge or D-Day are Canadian. Bill C-37 failed to fix this. In reference to Bill C-37, Don Chaplain said, on February 7, 2014, “And the government has confirmed they’re leaving out all the war dead [pre-1947]. So, the war dead in Canada were really just British. We might as well just scratch the Maple Leaf off their headstones”. It would be fitting to recognize these hero soldiers as having been Canadian soldiers, especially when, in law, they were.
It is time that we truly address the backlog of over 1.8 million applications. It was just mentioned in this debate that, when we are talking about immigration in Canada, we have to take a sympathetic and compassionate approach to ensure families and communities, and particularly children, are protected. When we talk about making sure our immigration system is robust and strong, it also means looking at and addressing the issues of the past. These hundreds of Canadians who no longer have their citizenship deserve to have the dignity that comes with being Canadian, and that includes the protections of our Constitution and our charter.
To be a Canadian citizen is truly a blessing, and one that indigenous people for generations have fought to ensure is a right that is strong and recognized. This has to be protected for all persons, and particularly those lost Canadians who continue every day to struggle without these basic human rights.
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Madam Speaker, on behalf of the people of my riding of Calgary Shepard, I am pleased to speak to Bill S‑245. It is always a great honour and privilege for me to be able to speak on behalf of Canadian citizens.
I am not like everyone else in the House. Like 23% or 24% of Canadians, I am an immigrant to this country. I was just talking about that with my colleague, the member for Calgary Forest Lawn, who was born in Dubai.
As someone born in Poland, Canadian citizenship is extremely important to me. Canada is not only my homeland, but it is also the country that accepted my father, my mother, my brother and me when our country of origin, where I was born, did not want us. My father was a member of Solidarnosc. He was a worker, a labourer, an engineer for the Gdansk shipyards when Poland was communist. My father left Poland in 1983 to come to Canada, and it was Canada that offered him the opportunity to stay. He started working at a shipyard in Sorel. It was in Sorel, where I lived with my father in 1985, that I learned French.
Poland let us leave the country, but it did not let us take our passports with us, because the Polish workers at the Gdansk shipyard, the Lenin shipyard, and their families were not allowed to return to that country. As I said, Canadian citizenship represents my homeland as well as the great honour of becoming Canadian in 1989. Now I have the great honour of representing my constituents as a Polish immigrant to this wonderful country that has given us so many opportunities.
I must admit that I did not know a lot about the so-called lost Canadians, the people who lost the Canadian citizenship they had at birth or did not qualify for citizenship even though they should have been entitled to it by virtue of their presence in Canada. That is the result of a whole raft of laws and attitudes, and many MPs have talked about this and debated it since 1945. The laws changed again in the 1970s. Finally, along came Bill C‑37, passed by a Conservative government that wanted to solve the problem for good and reduce the number of lost Canadians as much as possible.
Despite the many bills that have been introduced to reform the legislation in this century and the last, despite the fact that parliamentarians studied this issue and were meant to receive witnesses to explain to them how these things happened, despite the fact that the government has tried to change the legislation several times to ensure that this does not happen, no one noticed that there would be a gap of 50 or so months during which there would still be lost Canadians.
Where are we at today?
I would like to thank Senator Yonah Martin, herself an immigrant from Korea, who sponsored this bill in the Senate. In the House of Commons, it was sponsored by the member for Calgary Forest Lawn. It is Senator Martin who proposed this bill to try to fix this problem for lost Canadians. Apparently, there are hundreds of Canadians in a situation that I would describe as extremely shameful, despite the fact that parts of the legislation have been changed over the past 100 years. Several different governments have tried to fix this legislative problem.
Before, the problem was that Canadians born outside the country to Canadian parents had until their 28th birthday to notify the Canadian government that they wanted to retain their citizenship. However, there was no form or simple way to confirm this with the government. It was not easy to do.
Even within the Conservative caucus, our colleague, the member for Souris—Moose Mountain, would have been one of those lost Canadians, had it not been for his father tipping him off. I do not know how his father knew that Parliament was amending the Citizenship Act, but the amendments could have made him one of those lost Canadians.
In debate, the member for Souris—Moose Mountain said that he would be forever grateful to his parents who made sure to let him know, otherwise he would not have been able to serve in the House of Commons and represent the people of his riding in Saskatchewan.
This is the second time that we have tried to fill this legislative void by introducing Bill S‑245. I greatly admire author Franz Kafka. We have here the perfect example of a Kafkaesque or bureaucratic government that creates problems for ordinary citizens. This great German author who penned The Metamorphosis, In the Penal Colony, The Trial, The Castle and Amerika, spoke about these major organizations that have far too many rules and far too many people trying to enforce them and about how an ordinary citizen can end up before them for making a mistake they were not even aware of.
Many people have lost their citizenship this way. However, those people can be proud because there are many parliamentarians, including Senator Yonah Martin, who are working to ensure this legislative void is filled.
We are now debating this bill to try to correct the error in Bill C‑37, which was introduced and debated in 2009 and 2011, if memory serves.
At the time, Bill C‑37 sought to amend the Citizenship Act to address this legislative gap. The period covered by the bill was approximately 50 months for second-generation Canadians. I am a first-generation Canadian. My children were all born in Calgary and are first-generation Canadians because they were all born in Canada. There was a legislative gap for Canadians who were born abroad to Canadian parents during those 50 months between February 15, 1967, and April 16, 1981. These Canadians were to inform the government before their 28th birthday if they wished to keep their citizenship.
As I said, there is hope, because we all agree that a Canadian is a Canadian and has the right to Canadian citizenship. It is a source of great pride and a great honour and privilege to be able to say that I am Canadian and always will be. In any event, that is my hope, unless the government makes another legislative mistake in the future and something happens to those of us who received their citizenship in 1989. I am hoping it will not happen, but one never knows.
In this bill, I think that Senator Yonah Martin found the right words to legislate on this issue. I have sponsored many bills in the House and I have had to talk to the jurilinguists and lawyers who work in the House to find the right words to achieve a goal. Sometimes, the problem is finding the right words and the right dates in order to ensure that legislative voids are properly filled while addressing the initial problem we sought to solve by introducing legislation in the House.
I thank Senator Yonah Martin, but also all of the other members and senators who worked hard on this bill. I am thinking of the former Speaker of the Senate, Noël Kinsella, and of former senators David Tkachuk and Art Eggleton, who worked hard to ensure that these Canadians get their citizenship.
During debates in the House, I always share a Yiddish proverb. Today's is this: “When you sweep the house, you find everything.” I hope that this legislation will make it possible for us to find all of the lost Canadians so that they can get their citizenship.
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Madam Speaker, I enjoy being recognized as the member for Ottawa Centre, because those are the great people who have given me the opportunity to serve them in this place. As always, every single day it is an honour to represent my community.
I am thrilled to speak on Bill S-245. I heard the comments of members who spoke on it and I too speak in support of the bill. I am a proud Canadian and very much like my friend from Calgary Shepard, I was not born in Canada. I came from a country where my parents were also politically persecuted and had to find a new place to live where they could live freely. My family and I came to Canada in 1988 and one of the greatest attractions of Canada was the rights and freedoms that are protected in Canada, especially by virtue of the Charter of Rights and Freedoms, an incredibly important constitutional document that protects all of our rights.
I will be honest in saying that I stand here today with a heavy heart as a Canadian citizen, one day after, in my home province of Ontario, those rights were taken away from hard-working education workers by the invocation of the notwithstanding clause in back-to-work legislation by the provincial government, led by Premier Doug Ford. That is not the country my parents wanted to come to, where rights, in such a cavalier manner, could be taken away by the majority members of a Parliament. Rights are sacrosanct. They should always be protected. That is what makes us truly Canadian.
I want to give a big shout-out to all education workers across the province of Ontario who are picketing right now, demanding that their rights be restored so that there can be collective bargaining in a good-faith manner with the government, so that they can be in classrooms and so that all children can be in classrooms getting the best education they deserve from our system.
Bill S-245 is an important bill. As I mentioned earlier, I am supportive of the bill, but it really deals with a very small segment of “lost Canadians”, as has been described by other members, through the age 28 rule. There are many other new classifications of what I would say are lost Canadians as a result of changes that were made to the Citizenship Act in 2009.
The one that is really close to my heart, the one that I have heard about from quite a few constituents, is the rule that says that a child born outside of Canada after April of 2009 to a parent who is a Canadian citizen is not a Canadian citizen at birth if their parent was born outside of Canada and inherited their own citizenship because one of their parents was Canadian at the time of their birth. Imagine that. For example, I was not born in Canada but I became a Canadian citizen. If I became a parent again and that child was born outside of Canada, that child would not be entitled to Canadian citizenship. That creates a whole new set of lost Canadians, and it is something that we need to really look at and consider. That speaks to the first-generation limit that has been created in the Citizenship Act.
I want to tell a quick story, because I think it really brings into perspective what we are talking about. This is a story about somebody I know quite well, a close friend of mine who is a Canadian citizen. Her parents immigrated to Canada, became Canadian citizens, lived here, went to school here, worked here and just before this friend of mine was born, her mother went to her home country of Tunisia so she could have the support of her parents when she gave birth. This friend of mine was born outside of Canada in Tunisia.
However, in a matter of weeks, they came back to Canada, where their home was. Of course, my friend is a Canadian citizen. She lived here, went to law school here in Ottawa, worked here, and then, eventually, as many Canadians do, decided to go and work abroad.
She went to Europe. She went to England, where she got a legal job and where she met her future partner and got married. They live in France now and, in 2013 and, I believe, 2015, she had two daughters.
Unfortunately, although she is a Canadian citizen, she is unable to pass her Canadian citizenship to her two daughters, who were born after April 2009. In my view, that is a lost Canadian generation.
It is a first-generation limit that really needs to be addressed. I am sure that if we looked around in our respective communities, we would find many people in the same position. It is a situation that creates an unequal model of Canadian citizenship. Really, in essence, we are saying that a Canadian is not a Canadian by virtue of where they are born.
It is really of paramount importance, even now, because so many people who become Canadian citizens are immigrants. They are coming from different parts of the world. I am really excited that the Minister of Immigration, just a few days ago, announced that we will be bringing, by 2025, about 500,000 people per year into Canada, which is absolutely necessary. We are a big country with a small population base. We are growing, and we need more people.
All of those people who will come as immigrants to Canada are born somewhere else, and many of them may end up, after becoming Canadian citizens, living somewhere outside Canada. They may have families there and may want, of course, to come back to Canada. We need to make sure those children, who are born of parents who were born outside Canada, remain Canadian citizens.
It is creating an unequal model of Canadian citizenship and Canadian identity that needs to be resolved. It is also, arguably, a violation of the Canadian Charter of Rights and Freedoms, by virtue of sections 15 and 6 of the charter.
By having this rule in place and not rectifying it, we are also marginalizing women, in particular, who are Canadian citizens who may not have been born in Canada. Many of these women go outside Canada for professional reasons, because they want to work in different parts of the world, which is fantastic, because we Canadians are known to travel the world, to live in other parts of the world and to contribute to the well-being of this great planet that we are part of.
By having this rule, though, we are basically asking these women to put their careers on hold and come back to Canada in order to have children.
I really want to say that Bill S-245 is a step in the right direction, but it is only resolving a very small part of the problem. There are some other glaring holes in the Citizenship Act by virtue of the first-generation limit rule.
We need to look at those rules in a holistic manner so we can truly give expression to the idea that “a Canadian is a Canadian is a Canadian”, which I fundamentally believe is one of the greatest strengths of Canada. Our diversity and our inclusive society exist because we have this really well-defined pathway to citizenship. When people come to Canada as immigrants, they come fully knowing that if they meet certain rules and requirements, they will have the opportunity to become Canadian citizens and contribute fully to this great country.
We undermine their capacity and we treat them unequally if we have different rules by virtue of, as an immigrant, where they were born. That is something we need to rectify. I look forward to working with members in the chamber to fix these rules so that, truly, a Canadian is a Canadian is a Canadian.
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Madam Speaker, I will not take up too much time today. I want to thank all of my colleagues who rose and spoke in favour of Bill S-245. It is a very important bill. Although we all recognize that it pertains to a small number of people who want to become Canadian, it is very important that we get this done.
I want to again thank my Senate colleague, Senator Yonah Martin, as well as Don Chapman and many others, not only for advocating for this bill, but for their hard work and perseverance to get the bill to this stage today.
I want to say that Bill S-245 is very important for the many who were stripped of their citizenship because of administrative errors and government failures from the past, when all they wanted to do was renew their passports, but I will keep it short.
I encourage all my colleagues to support this. Let us get it to committee stage. Let us get it done.
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- Nov/4/22 2:11:43 p.m.
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The question is on the motion.
If a member of a recognized party present in the House wishes that the motion be carried or carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.
The hon. government deputy House leader.
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- Nov/4/22 2:12:19 p.m.
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Madam Speaker, I request a recorded division.
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- Nov/4/22 2:12:22 p.m.
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Pursuant to order made on Thursday, June 23, the division stands deferred until Wednesday, November 16, at the expiry of the time provided for Oral Questions.
It being 2:12 p.m., the House stands adjourned until Monday, November 14, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).
Have a great weekend, everyone.
(The House adjourned at 2:12 p.m.)
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