44th Parl. 1st Sess.
September 16, 2024 11:00AM
moved that Bill C-71, An Act to amend the Citizenship Act (2024), be read the second time and referred to a committee.
He said: Mr. Speaker, as we return to the House, I want to begin by acknowledging that we are gathering today on the traditional unceded territory of the Algonquin Anishinabe peoples.
I am honoured to rise in this House today to discuss the proposed amendments to the Citizenship Act. The legislation would provide a clear framework for citizenship by descent with the immediate goal of restoring and granting citizenship to lost Canadians.
Some of us, like me, were fortunate to be citizens by birth. Others come from far and wide, choose Canada to be their home and earn their citizenship through our naturalization process. There are those who are Canadians by descent, who are born outside the country to a parent who is a Canadian citizen.
Regardless of how someone acquires their citizenship, I think we all agree that we appreciate each Canadian just the same in this great nation of ours. Whether one was born Canadian or chose Canada as their new land, we are united by a common set of principles and mutual respect for our communities and our country. We are all proud to be Canadian.
Since the founding of what we now call Canada, people from around the world have made this country their home. Canadians are a welcoming people who help others and one another. We demonstrate our commitment to others within the community and the world over when we support charities, volunteer our time and extend a helping hand to those in need.
Canadians are a diverse group, but we share a set of common values and take pride in who we are and what the country stands for. We are welcoming, inclusive, generous; a country that supports human rights, equality and respect for all people. There is no doubt that Canadian citizenship is highly valued and recognized around the world. We want our citizenship system to be fair and accessible and with clear and transparent rules. That is why, when issues arise around our citizenship laws, it is important that Parliament address them.
Given recent challenges to the first-generation limit that Harper Conservatives unfairly introduced, it was clear that changes were needed to the Citizenship Act to address cohorts excluded from citizenship. This is especially relevant for those born outside Canada to a Canadian parent.
It is important that members understand the history of the Citizenship Act in order to better understand how this problem arose. Canada's first citizenship law was passed in 1947. It contained provisions that could revoke some people's citizenship or prevent others from becoming citizens in the first place. Today we view those provisions as outdated, and they were either removed or amended. Those affected by these provisions who lost their citizenship or never became citizens are referred to as “lost Canadians”.
In the past, Canadians could hand down their citizenship to their descendants born abroad not only in the next generation but also beyond the first generation, so long as they met certain conditions and applied by a certain age.
When a new citizenship statute took effect in 1977, children born abroad to a Canadian parent also born abroad were citizens, but they had to act to preserve their citizenship by age 28, or else they would lose it. This requirement was not well understood, so some people lost their citizenship and became so-called lost Canadians.
To wit, my department generally receives 35 to 40 applications for resumption of citizenship per year because of this problem.
In 2009, several amendments to the Citizenship Act remedied the majority of these older lost Canadian cases by providing or restoring citizenship by their 28th birthday. Since 2009, approximately 20,000 individuals have come forward and have been issued proof of their Canadian citizenship because of these changes.
However, the Harper Conservatives introduced the first-generation limit, which the Ontario Superior Court has deemed unconstitutional on equality and mobility rights. The Leader of the Opposition has suggested he would use the notwithstanding clause if given the chance, and that they are considering taking away people's rights when it suits the Conservatives. What the Conservative Party did here is a concrete example of taking away the rights of Canadians. When Conservatives say that we have nothing to fear, Canadians need to take note of what they have done in the past.
This is a record where Conservatives, with the Leader of the Opposition as one of their members, took people's rights away. This should speak for itself.
The legislative amendments of 2009 also allowed anyone born after the 1977 act who was not yet 28 years old when the changes took effect to retain their status and remain a Canadian citizen.
However, there is still a cohort of people who self-identify as lost Canadians. These are people born abroad to a Canadian parent after 1977 in the second generation or beyond who lost their citizenship before 2009 because of rules since revoked that obliged them to take action to retain their Canadian citizenship before their 28th birthday.
Some of these people born abroad were raised in Canada and were unaware that they needed to take steps to retain their Canadian citizenship. We know that the number of people in this cohort is rather small. We know this because the only people affected are those who were born abroad in the second generation or beyond between 1977 and 1981; in other words, only Canadians who had already reached the age of 28 and lost their citizenship before the passage of the 2009 act, which revoked the requirement. As we can see, this is a complicated issue.
Senator Martin of British Columbia introduced public bill S-245 in an effort to address the issue. The goal of the bill and the amendments adopted by the members of the Standing Committee on Citizenship and Immigration is to restore the citizenship of this cohort, of these lost Canadians affected by the age 28 rule.
When Bill S-245 was studied by the Standing Committee on Citizenship and Immigration, the bill was amended to include not only a mechanism to restore the citizenship of this cohort but also a mechanism to allow some people born in the second or subsequent generation to be born a Canadian citizen by descent if their Canadian parent could demonstrate that they held a substantial connection to Canada. That is, if a child's Canadian parent had been in Canada for three years before the child was born, they could pass on their citizenship to that child. Bill S-245 also proposes that children born abroad and adopted by a Canadian could also access citizenship. The process for adopted children is a grant of citizenship.
What has changed since we began the review of Bill S-245 is a key decision by the Ontario Superior Court of Justice that determined that the first-generation limit on citizenship by descent was unconstitutional. It is clear that the House must now take immediate action to address the issues the court noted.
Since Bill S-245 went through a number of changes and improvements based on feedback from experts and those impacted, the Conservative Party continues to delay the progress of this bill. Not only that, but Conservatives filibustered Bill S-245 for nearly 30 hours during the actual study. It is obvious, again, that there is little care for Canadians' rights.
During that time, the member of Parliament for Calgary Forest Lawn, who sponsored Senate Bill S-245, as well as the former Conservative immigration critic, recommended the introduction of a private member's bill or a government bill to address the remaining cohort of lost Canadians.
We have a government bill in front of us to do just that. Bill C-71, an act to amend the Citizenship Act, 2024, establishes a revised framework governing citizenship by descent and restores citizenship to lost Canadians and their descendants. This revised regime would also address issues raised by the recent Ontario Superior Court of Justice ruling by providing a pathway to citizenship for those born or adopted abroad. Similar to what is proposed by Bill S-245, this bill expands access to citizenship by descent, but in a more comprehensive and inclusive way.
Like Bill S-245, it would restore citizenship to the last cohort of lost Canadians, but it also proposes that all individuals born outside Canada to a Canadian parent before coming into force in this legislation would also be citizens by descent, including those previously excluded by the first-generation limit.
For those born outside our borders, beyond the first generation, or after the legislation comes into force, they would be citizens from birth if their Canadian parent can demonstrate their own substantial connection to Canada. That means that the parent was in Canada for three years, cumulative, and it does not need to be consecutive, before the child was born.
Any child born abroad and adopted by a Canadian parent before this bill's coming-into-force date would have access to the direct grant of citizenship for adoptees, and that includes those previously excluded by the first-generation limit. Today, we are dealing with fundamental issues of fairness for people who should be Canadian citizens.
When the legislation comes into force, the same substantial connection to Canada test will apply for Canadian adoptive parents who are also born outside the country to access a grant of citizenship. If the adoptive parent was physically in Canada for 1,095 days or three years prior to the adoption, their child could access the adoption grant of citizenship.
Finally, as with previous changes to the Citizenship Act that helped other lost Canadians, this bill would confer automatic citizenship on some people born outside Canada who may not wish to be citizens.
In many countries, dual citizenship is not permitted in certain jobs, including in government, military and national security positions. In some countries, having citizenship in another country can present legal, professional or other barriers, including restricting access to benefits. That is why this bill will provide access to the same simplified renunciation process as the one established in 2009.
Most people who would automatically become citizens when the bill comes into force but may not wish to hold citizenship will be able to use the simplified renunciation process. This mechanism has a few requirements. These individuals must not reside in Canada; they also must not become stateless by renouncing their Canadian citizenship. That is an important point. In addition, people must apply to renounce the citizenship granted to them through the—
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- Sep/16/24 12:56:06 p.m.
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Madam Speaker, I would expect that to be the case.
Again, I want to thank the New Democrats for their support. This was a modification that we made relatively recently, simply to ensure that the court did not feel like it was constrained to a certain number of days by our legislative process. We have told the court time and again that we plan to put this into force as quickly as possible. Otherwise, it is a bit more of an open application process where I would have the discretion to grant citizenship.
I would implore Parliament to move quickly if members do not feel that my discretion should not be fettered by Parliament. It absolutely should in this case and there should be a number of reasons and concrete bases for people to get their citizenship. The naturalization test is a perfect point.
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- Sep/16/24 4:27:32 p.m.
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Madam Speaker, I would like to acknowledge that we are gathered on the traditional unceded territory of the Algonquin Anishinabe nation.
I am honoured to be here to discuss some highly necessary amendments to the Citizenship Act.
Bill C-71 continues to clean up the messes created during the Harper administration, particularly with respect to immigration and lost Canadians. We need to do the right thing. We need to move this piece of legislation forward. It is the right thing to do. It is great to see it receiving support from the other parties, but unfortunately it is not receiving support from the party that wishes to not work constructively for Canadians.
This proposal would not be possible without the groundwork laid by the immigration committee during its study on Senate public bill, Bill S-245. I would like to offer my sincere gratitude and appreciation to the Liberal, NDP and Bloc Québécois members for their efforts to help lost Canadians. Citizenship in Canada is precious. It can be attained by birth, by naturalization or by descent. Citizenship by descent in Canada is what we are here to focus on today.
However, no matter how they obtained Canadian citizenship, all Canadians should be treated equally in a country as proud of its diversity as ours is. We need to amend the Citizenship Act to address the fact that specific groups have been excluded from citizenship.
We also need to settle the constitutional matters raised by the courts regarding citizenship by descent, in particular for people born abroad to a Canadian parent. The Ontario Superior Court of Justice ruled that the first-generation limit imposed by Mr. Harper was unconstitutional on equality and mobility rights.
It was a Conservative piece of legislation that was deemed by the courts to be unconstitutional.
As the hon. minister said, to understand the scope of the problem, we need to know the history and evolution of the Citizenship Act and the facts surrounding the group known as the “lost Canadians”.
We know that cohort is a limited one. The majority of lost Canadian cases were remedied by the legislative amendments that were implemented in 2009 and 2015, with approximately 20,000 people acquiring citizenship or having their citizenship restored through these amendments. There is a specific cohort that met specific criteria. This cohort of lost Canadians was born abroad between 1977 and 1981, in the second or further generations, and had already turned 28. They lost their citizenship prior to the passing of the 2009 legislation and the repeal of this age requirement.
When I was first elected, I had a couple from southern Italy, who now reside here in Canada, come visit my office. This situation applied specifically to them. The mother was a Canadian citizen born in Italy who obtained Canadian citizenship through her father. The wife was born in Italy. The mother could not pass down Canadian citizenship to her daughter because of the legislative changes brought in by the prior Conservative government. Again, we are still cleaning up Conservative messes nine years later.
The goal of the Senate public bill, Bill S-245, brought forward by Senator Martin from British Columbia, as well as the amendments adopted by the members of the Standing Committee on Citizenship and Immigration, was to restore the citizenship of these lost Canadians affected by the age 28 rule. When Bill S-245 was studied by the Standing Committee on Citizenship and Immigration as amended, it aimed not only to restore citizenship to this group, but also to allow some people born in the second or further generations to be deemed Canadian citizens by descent. Their citizenship status hinged on the condition that their Canadian parent could demonstrate a substantial connection to Canada. In other words, if that Canadian parent had been in Canada for three years before the child was born, consecutively or otherwise, their citizenship could be passed on to that child, even beyond the first generation abroad.
Bill S-245, as amended by committee members, also proposed to ensure that children born abroad and adopted by a Canadian beyond the first generation can also access citizenship. In those cases, there is a different process for adopted children, but the end result remains the same. They are Canadian.
The Ontario Superior Court decision that deemed the Harper Conservative first-generation limit on citizenship by descent unconstitutional came down after the committee began its review of Bill S-245. Given that the first-generation limit is a key element of our citizenship by descent framework, Parliament must establish a new framework to manage the issues raised by the court and ensure fairness in the Canadian Citizenship Act, something the opposition party does not really understand.
Bill S-245 has now gone through a number of changes and improvements based on feedback from experts and those directly impacted. Therefore, we have adopted some of the committee's suggested changes in Bill C-71 to ensure the needs of Canadians are accurately reflected. Bill C-71, an act to amend the Citizenship Act in 2024, would restore citizenship to the remaining lost Canadians and their descendants, doing the right thing for all Canadians. A Canadian is a Canadian is a Canadian.
Similar to the proposals in Bill S-245, Bill C-71 would expand access to citizenship by descent with a more broad approach and a focus on inclusivity. These revisions would address the issues raised by the Ontario Superior Court of Justice regarding the previous Harper Conservatives' legislative amendments, including the first-generation limit.
As with previous changes to the Citizenship Act that helped other lost Canadians, this bill will automatically confer citizenship on some individuals born abroad who may not wish to be citizens for a variety of reasons, such as employment opportunities abroad that do not permit dual citizenship. There are also countries where being a citizen of another country can present legal and professional barriers and restrict access to benefits.
To remedy this situation, the proposed legislation will provide access to the same simplified renunciation process as the one established in 2009. Specifically, this simplified process will require that individuals not reside in Canada, that their renunciation of Canadian citizenship not render them stateless, and that they apply for renunciation of their citizenship through our departmental process.
These changes to the Citizenship Act will ensure that any child born abroad to a Canadian parent before the passage of the bill will be a Canadian citizen from birth. The amendments will also ensure that, in the future, children born abroad to a Canadian parent who was also born abroad will also be granted citizenship at birth if their Canadian parent has a substantial connection to Canada.
I invite members to share their thoughts on the proposal before us today. I too hope that, with the support of all parties, this bill will move forward quickly and effectively.
We are talking about Bill C-71, but more importantly we are talking about Canadian citizenship, what it means and how to obtain Canadian citizenship. I know, in speaking to the residents of Vaughan—Woodbridge this summer every week and at events, we have our issues and challenges in Canada. We do, but one thing I know is that I live in one of the best cities in Canada, if not the best. I know I live in a beautiful province, Ontario, and I know Canada is the best country in the world. I know it will be. We have a bright future ahead of us with this fact of being able to attain Canadian citizenship.
Much like the hon. member for Kingston and the Islands said, my parents were selected to come to Canada as immigrants in the late 1950s and 1960s. They won the lottery. I often joke around that it would be nice to win the lottery, but I won the lottery, because my parents were chosen to come to this beautiful country where I now reside with my brothers and my family all over Canada. It is where my wife and I are raising our three children, two of them who play competitive soccer and whom I spend a lot of time driving around, and a little one in day care. They won the jackpot that their grandparents on both sides got chosen to come to Canada and are now Canadian citizens.
That is a place we are here for. That is our country. It is the best country in the world. Anybody who says otherwise is just being condescending and trying to do it for political gain, and it is really such a shame.
I look forward to questions and comments. I am really happy to be back here to do the good work that we were elected to do as members of Parliament, all 338 of us. We are here for one thing, to make the best country in the world even better.
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- Sep/16/24 4:57:58 p.m.
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Madam Speaker, the bill before us today, Bill C-71, seeks to amend the Citizenship Act to do three things. First, for children not born in Canada but adopted by Canadian parents, it would ensure that they are treated as Canadian-born citizens for the purposes of passing on citizenship if they have children abroad in the future. This is something I support. Second, it would restore citizenship for individuals who lost it due to non-application for retention or rejection under section 8 of the former Citizenship Act. Again, this is something I support. Third, and most important, the bill would abolish the first-generation limit for Canadian citizenship by descent, established in 2009, and replace it with a substantial connection requirement that would allow a foreign-born Canadian citizen to pass down their citizenship to their children and grandchildren born abroad as long as they have spent at least 1,095 days in Canada cumulatively. I have concerns with this portion of the bill that I will outline here today.
The first issue relates to birth tourism, a hot-button issue in British Columbia for many years. Birth tourism has long been an issue in Canada, and the bill would leave the door open to the practice's continuing long into the future. In fact, it would encourage it. For those who do not know, birth tourism is the practice of travelling to another country for the purpose of giving birth there. This is generally done to obtain citizenship for the child, taking advantage of birthright citizenship laws.
In Canada, there are three pathways to citizenship. The first is jus sanguinis, or “right of blood”; in other words, it is being born to a Canadian parent. The second is naturalization, which is the process of immigrating and obtaining permanent residency and eventually citizenship, as my colleague alluded to previously. The third is jus soli, or “right of soil”; in other words, it is being born on Canadian soil.
A 2023 article in the National Post discussed jus soli, highlighting how a single hospital in Richmond, B.C., had 502 non-resident births in 2019. Across Canada, 4,400 non-resident births took place in 2019, which is more than triple the number from 2010. In 2023, the first baby born in Vancouver was born to a birth tourist. The mother even told local reporters that she had made her first-ever trip to Canada specifically to secure a Canadian passport for her daughter. A 2020 CBC article titled “‘All about the money’: How women travelling to Canada to give birth could strain the health-care system” highlighted that Canada is in a small minority of fewer than three dozen countries that grant citizenship based on a baby's birthplace, regardless of the parents' nationality or status. The article noted that a high concentration of non-resident patients giving birth in Canada “has led to compromised care for local mothers-to-be and struggles for nursing staff”.
Another article from 2023 noted that, while air travel restrictions during the pandemic slowed down the trend, numbers have now started to increase again. It highlighted that, of 102 non-resident women who were surveyed after giving birth in Canada between July 2019 and November 2020, 77% cited birthright citizenship as their primary reason for giving birth in Canada. It is very clear that this pathway to citizenship is being abused; this program will only see the numbers increase as the Liberals reduce security checks for visitor visas as well. Thousands of children each year are born in Canada and leave with the full rights and privileges granted to any other Canadian; should they choose to come back to Canada at any time in the future, they will have access to Canada's health care and generous social security benefits without being required to pay any taxes before they arrive.
Right now, Canadians are paying more taxes while getting less. How is it fair to Canadian taxpayers? Even Liberals have recognized that this is a big issue and called for change. In 2018, the former Liberal MP for Steveston—Richmond East, Joe Peschisolido, presented petition e-1527, which called on the government to address birth tourism, citing its exploitation of Canada's generous public health care and social security system and violation of Canada's sense of fairness.
I would be remiss if I did not note that, in 2019, when the first-generation limit was brought in, Liberals even voted in favour of it at third reading in the House of Commons.
How is it just that a birth tourism baby would be able to pass citizenship on to their grandchildren under the proposed law? That is the big question today. Citizenship would be passed on to the grandchildren of Canadians born here solely for the purposes of obtaining citizenship. For my constituents, that is not just.
The second issue I have to raise respecting the bill is the obvious ramifications of eliminating the first-generation limit, namely the capacity of Immigration, Refugees and Citizenship Canada to meet its current obligations on top of the additional files the law would inevitably create if it is passed.
Earlier today in the minister's remarks and in response to questions from the member for Calgary Shepard, the minister was not able to say the number of people who would be impacted by the law. That is irresponsible. The proposed legislation could lead to tens of thousands of additional files to process, leading to even more backlogs in our strained immigration department.
In the Ontario superior court ruling that led to the legislation proposed here today, the court cited a 50% error rate even among the samples that were cited during the court proceedings. We already have seen the effects of an overcrowded immigration system. In fact, we are living them today. Checks are being missed, and dangerous people have been allowed into our country due to a lack of due diligence and effectiveness by officials.
Just over a year ago, Hardeep Singh Nijjar was murdered outside a gurdwara in Surrey. It was revealed that his alleged murderers were in Canada on student visas. In just the last months, the RCMP has foiled multiple terror plots by people who had recently come to Canada. In the spring, RCMP officers foiled a plot by a 62-year-old Canadian citizen who had been filmed taking part in a beheading on behalf of ISIS in 2015, which was not found before he was granted citizenship. Then, over the summer, we learned of the arrest of a 20-year-old Pakistani citizen who obtained residency in Canada and who was planning to commit a massive attack in New York around the anniversary of Hamas's barbaric attack on Israel on October 7, 2023. His plan was to kill as many Jews as possible.
With IRCC already failing to ensure that dangerous people are not granted visas, PR or citizenship, how can we trust it will be able to effectively track the three-year significant connection clause for potentially tens of thousands of new applicants on top of our already overburdened system?
Additionally, the bill would not require individuals granted citizenship to undergo criminal background checks, which would pose even more security risks and undermines Canada's standards for who can become a Canadian citizen.
The third issue I would like to raise today relates to the Supreme Court and the lower court in Ontario. When it comes to something as important as the granting of Canadian citizenship, I believe this decision should have gone to the Supreme Court of Canada and not a provincial court judge in Ontario.
If I had more time today, I would also raise points on the financial implications of the bill and the effects it could have on our democracy and voters abroad in future elections. Finally, on the financial implications as well, the government has not been able to provide any estimates in respect to the costs the bill would have on Canadians.
As was referenced in the House already multiple times today, the former Conservative government brought forward a first-generation limit in response to the crisis in Lebanon in 2006. It cost Canadian taxpayers over $94 million. As my colleague from Edmonton outlined, many of those people left Canada after they used our consular services and generous supports that Canada used to protect them.
The question before us today is whether we really want to create a new wave of Canadians of convenience.
In closing, I do not believe it is a good idea to extend citizenship to the second generation, born abroad, for the reasons I have been able to briefly outline.
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