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Decentralized Democracy

House Hansard - 336

44th Parl. 1st Sess.
September 16, 2024 11:00AM
  • Sep/16/24 4:56:55 p.m.
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Madam Speaker, that is a much bigger question. That is a much bigger problem that she has raised right now. Again, there was nothing that I suggested in my speech that reflected on anything other than that allegiance to Canada is the right thing to have. To be Canadian is to live as Canadians live, to feel what Canadians feel and to be back in this country in every way, not just to have the convenience of having a passport to travel anywhere in the world. That is the argument. It is a valid argument, and many Canadians will respond to that in a positive way, as we suggested and as I am suggesting today.
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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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  • Sep/16/24 5:07:47 p.m.
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Madam Speaker, I am wondering whether the member can expand upon his thoughts in regard to the Ontario Superior Court of Justice decision. The Conservatives have taken the approach that they would have appealed that decision. Would the Conservatives have agreed if the higher court had reinforced that particular ruling, or would they have potentially given their opposition to it and used a notwithstanding clause?
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  • Sep/16/24 5:08:18 p.m.
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Madam Speaker, the fact of the matter is that I believe that our citizenship is sacred. It is something all of us, especially in this room, have a responsibility to uphold and to dignify, and I believe that a question of such importance, namely who is able to be granted Canadian citizenship, should not be determined by an Ontario Superior Court of Justice judge. I believe it would have been in the interest of Canada and the Government of Canada to appeal that decision to higher courts, so ultimately the Supreme Court of Canada could have made a decision on jus soli and its implications moving forward. That said, I will not answer a hypothetical question about what the Supreme Court could or could not have done.
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  • Sep/16/24 5:09:12 p.m.
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Madam Speaker, what my colleague said in his speech is exactly what I was talking about. It does a lot, but it does not address the main issue. Let me give an example. A Quebec couple goes to work abroad for the Quebec government. They have a child. They come back. That child spends his whole life in Quebec and is therefore a Canadian citizen. When that child becomes an adult, he himself goes to work abroad. He has a child, but that child will not automatically have Canadian citizenship. Does my colleague think that is acceptable?
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  • Sep/16/24 5:09:57 p.m.
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Madam Speaker, right now the Bloc Québécois members have a serious determination to make: Do they stand with the Liberals in centralizing more power in Ottawa and removing the powers of citizenship under Quebec's rules? I do not believe that the 1,095 cumulative days is a good test for determining citizenship.
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  • Sep/16/24 5:10:32 p.m.
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Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. Something that has come up frequently is talking about this court case. What I understand is that it is a lower court decision. What really interests me is that the Liberals talk about the decision and ask why it should have been appealed. I will remind the Liberals here that there was a decision of a year or two ago from a court of appeal that they did not like because it was about oil and gas. That very day, the Prime Minister marched in here and said they would be appealing, because it fit his narrative. I wonder what the member has to say, when the Liberals seem to talk out of both sides of their mouth about whether things should be appealed or not appealed, like this.
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  • Sep/16/24 5:11:16 p.m.
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Madam Speaker, I will admit I am not an expert on constitutional law like my colleague from Kamloops is, but I do know, like every other Canadian, that intuitively our citizenship is something that is sacred. It is something that needs to be upheld, and a lower court decision should not be the determining factor on a matter of such importance as determining our citizenship. I will note again that the Liberals, on February 15, 2008, voted to eliminate the second-generation provision that is being debated here today, and I think the Liberals back then made a right decision. I call upon the Liberals to listen to their constituents and uphold the citizenship law as it is today with respect to the first-generation limit.
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  • Sep/16/24 5:12:08 p.m.
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Madam Speaker, I have had the opportunity on a couple of occasions to ask Conservatives what their actual position is with respect to the notwithstanding clause. At the end of the day, Canadians need to be very much aware that the Conservative Party has demonstrated that it really does not have a problem resourcing the notwithstanding clause if the need is there. If we listen to what the Conservatives are saying about this particular piece of legislation and look at what they have done with regard to a so-called Conservative-friendly Senate bill that was brought in, we begin to believe that they are diametrically opposed to what the legislation would do. We all need to be concerned about that because, at the end of the day, through legislation and the manner in which they vote, they start to show their cards whether they like it or not. People will start to get a sense of what the Conservative Party stands for. We know that the Conservative Party does not have reservations about using the notwithstanding clause. I asked the question directly to the member. He said it was hypothetical and he was not going to answer the question. That kind of pushed it to the side, maybe a little too quickly, because I do think it is a very important point. When we talk about citizenship and the first generation, the second generation and what was done back then, we have to put it in the perspective of Canadians and what it is that Canadians do abroad. I had the honour of serving in the Canadian Forces for a few years, and through that process I got to know a lot of people, whether it was veterans or current members at the time. A lot of members of the force spend a great deal of time outside of Canada, and while outside Canada, they often have a child. That child might ultimately come back to Canada for a relatively short period of time, maybe for a posting or education, and then have to leave Canada again, and they find themselves in the situation where the Conservative Party has made the decision that the serving member does not necessarily deserve the right to have his or her children recognized for Canadian citizenship, depending on the situation. The same principles—
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  • Sep/16/24 5:15:09 p.m.
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Madam Speaker, I rise on a point of order. This is not debate. The citizenship law, as the member is referring to, does not apply to Canadian Forces members.
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  • Sep/16/24 5:15:20 p.m.
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The member is trying to elaborate on the hon. member's speech and on policy, and he can do that during debate. There is another point of order by the hon. member for Timmins—James Bay.
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  • Sep/16/24 5:15:32 p.m.
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Madam Speaker, I want to congratulate you, but I am very concerned that the member is trying to undermine legitimate questions that are being asked of his rather ridiculous speech.
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  • Sep/16/24 5:15:43 p.m.
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I again want to remind members that if they want to contribute to the discussion, they should wait until questions and comments. These are not points of order; they are more points of debate. The hon. parliamentary secretary to the government House leader.
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  • Sep/16/24 5:15:59 p.m.
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Madam Speaker, my comments are part of the actual debate. I can tell the member who stood up on a point of order, calling into question my statement on the legitimate concerns people have with respect to that second generation limit and beyond, that there are many Canadians who have all sorts of reasons and rationales they can use that might put them into a position where the law that was passed back in 2009 by Stephen Harper ultimately has compromised them. What is being lost in a lot of the discussion, especially coming from the Conservative Party, is that this legislation would have a very profound, positive impact for many people who believe, as they should, that they are Canadian. The Conservatives are saying no to that. They will come up with a rationale or an excuse to attempt to justify their attitudes toward it, but I would suggest that there is a fundamental flaw in their thinking, which is that the law passed by Stephen Harper and the Conservative Party back in 2009 has a fundamental flaw. It is called the Constitution. The Constitution of Canada and the Charter of Rights clearly demonstrated, through the Superior Court in the province of Ontario, that the law, as it was passed by Stephen Harper and the Conservatives, was in violation of the Constitution. That decision was made toward the end of 2023. If we were to rewind a bit, we would find that there was a wonderful opportunity to address the issue in the form of a piece of legislation from the Senate that was brought forward dealing with the issue of citizenship. The Conservative Party at the time saw the merit of the legislation to the degree that it was prepared to bring the legislation through the House of Commons on behalf of the Senate. Things were going relatively well until it got to the committee stage. I was not at the committee, but I am told there were 29 or 30-plus hours, and I am not 100% sure, where the Conservatives filibustered the debate. The Conservative Party felt that the changes the opposition and government members were making to the legislation made it unacceptable, even though the Superior Court in the province of Ontario said that it was in violation of the Constitution. The bill passed at committee stage, and because it was a Conservative initiative, it means the Conservative Party has to allow it to come up for debate at report stage and at third reading here in the House of Commons. We all know there is a calendar that is set and that allows for private members' business. I am talking about Bill S-245 in particular. It would ultimately be guaranteed, virtually, because it was high enough in precedence to get that debate. Now, the Conservative Party has made the decision that it does not want that debate because when that debate starts, it is only for two hours, which includes at report stage. The brain thrust from the Conservative Party, the House leadership team that believes in things like using the notwithstanding clause to take away rights, is that it does not want to bring it forward, so it will defer it to another piece of legislation. I do not know how many times the Conservatives have done that. That now leaves the government in a very difficult position because that superior court decision actually allows us to make the changes. I believe it is until the end of the year, but do not quote me on it. We need to see the legislation get through. If it does not get through, that would cause some other issues. I am actually encouraged that an NDP member stood in her place and tried, through unanimous support, to get it through the House. That was not the first time. When we had the agreement between the Liberals and the NDP, there was an attempt to get it through virtually all steps, and I thought that was a good idea. Now we are saying, at the very least, let us get it to the committee. In fact, some Conservatives will say that it just needs some amendments, and maybe they could support it if there were some amendments. The problem is that the Conservative Party knows, and I know, the only way this legislation is going to get past second reading and get to committee stage, based on the discussions I have witnessed and the history of the Conservative Party playing a destructive force here on the floor of the House of Commons, is if the Bloc or the New Democrats decide to support a government initiative to time allocate the legislation. If that does not happen, I do not believe for a moment that the Conservatives are going to allow it to go to committee. They have already made the determination that this is bad legislation. The reason I used that example is so that people following the debate would have a better appreciation of why it is so important that the legislation actually pass. We are talking about real people not being recognized and given their Canadian citizenship. That is a very real issue. When this legislation passes and receives royal assent, people are going to be given their Canadian citizenship. We all know how important that is to Canadians. It has been pointed out that there are three ways in which one becomes a citizen of Canada. The easiest and most obvious way is via birth. Some families have been here for generations. My roots go back to the province of Quebec and then over to Manitoba. Some went into other prairie provinces. We have been here for generations. I am a citizen because I was born here. I often meet families, relatively young couples who might have two or three children. One of the children was actually born here in Canada, and some of them are still in the process of being recognized as permanent residents. That is something the Conservatives seem to have issues with. Some are going through the Manitoba nominee program, and will ultimately become citizens of Canada after going through a rigorous procedure. They have a sense of pride when they are able to say, “My child, this one here, was actually born here in Canada.” Whether it is that child who was born here or someone like myself, having been born here, we are all equal. That is the way I perceive it. People might want to try to distort that in different ways for different political purposes, but that is one way to become a citizen. Another way to become a citizen is through naturalization. Naturalization is through one of the many different streams of immigration. Some provinces, including mine, would have been challenged for many years, in terms of a growing population, if it was not for immigration and those individuals who ultimately become citizens of Canada, and most of them do. Every one of us is afforded the opportunity to go witness, first-hand, swearing-in ceremonies. If one has not taken that opportunity, I would highly encourage all members to participate in a citizenship court. There is a sense of pride when 50, 60 or 70 people are sitting in a room and have all met the requirements to become a Canadian citizen and then are sworn in as Canadian citizens. I have had the opportunity to speak at many of these over the years. I have had opportunities, as I would trust that most have, to extend personal congratulations and to witness tears in eyes because of that step. This is where I tend to differ. There was a Conservative member who talked about being Canadian. For immigrants coming to Canada, becoming permanent residents and then becoming citizens, the expectation is not that one forgets about one's homeland. Canada is the greatest country in the world to live in and to call home, but it does not mean that we have to forget about the home in which we were born. Ultimately, I would suggest that some of Canada's greatest assets are our diversity and our ability to build upon our world community and how we use that as a way to expand our economy and to showcase our diversity to the world, in terms of how people can get along. I like to think that we are not a giant melting pot, as some Conservatives might like to try to portray, but rather, take a look in terms of the values and the norms and mores of our society. That is the second way. The third way is by dealing with the whole idea of descendants and, specifically, the legislation recognizing what I made reference to at the beginning, and that was dealing with the first-generation issue established back in 2009. Some Conservatives will say that Liberals voted for it at that time. I have heard that on a number of occasions. I can assure the member that I personally did not vote for it at that time, but that does not really matter because I understand the context in which that vote took place. It has been explained here before. It was a holistic piece of legislation coming forward, and that was where the mistake was ultimately made. We had the prime minister of the day threatening to take away the legislation unless it ultimately was able to go through in a more timely fashion without, necessarily, amendments. We know that Stephen Harper was not fond of amendments. I know that first-hand, in many different ways. This legislation deals with that issue along with something the previous speaker recognizes, something he supports, and that is the issue of adoption. In the House, we often have discussions where we talk about adoptions. We try to give the impression, I would like to think, in a very honest and genuine way, that an adoption is just as important as a natural delivery or a biological child. The way we can enhance that through the Citizenship Act is a very strong positive. I would think that all members would support that. Taking a look at the legislation itself, and even taking a look at the background of the legislation, I would have thought, as some members have already pointed out, that there would not be an issue with it passing the House of Commons. Unfortunately, based on the debates that we are hearing from members of the official opposition today, they are more preoccupied with the Conservative Party of Canada and their leader than with Canadians as a whole. As a direct result, we find ourselves in a position where there are going to be many people in different regions who are not going to be able to get their citizenship. There is going to be another speaker after I sit down, and I believe it is going to be a Conservative member. I would like to think, at the very least, that the Conservative member could give a very clear indication that the Conservative Party is not going to require other opposition members and the government to bring in time allocation to see this legislation pass and at least allow it to go to committee. The Conservatives say that they have amendments or changes. When Senate Bill S-245 was at committee, there were changes that were made to it. The minister has been clear in being open-minded to possible changes. If the Conservative Party has changes, then let us get the bill to committee to allow us to see what the Conservative Party has in mind or what its plan actually is. We know that members of the Bloc and the New Democratic Party are supporting the legislation, and I appreciate that fact. However, we have a couple of days. Let us see what happens with the legislation. Maybe the Conservatives will have a conversion of sorts and see the value in passing this legislation on to committee.
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  • Sep/16/24 5:33:20 p.m.
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Mr. Speaker, let us recall, when we talk about citizenship, that we have a Prime Minister who referred to Canada as a “postnational state”. That is, he does not believe in this concept of there being a particular Canadian identity, describing this as a postnational state. Then we have this member, who is saying that these people believe they are Canadians. First, the Liberals have no definition of what it means to be a Canadian, and then they would like to ensure that citizenship can be afforded to anyone on the basis of, it seems, their seeing themselves as being Canadian. I would say to the member that there is more to being Canadian than simply wishing to self-identify as a Canadian. Would the member acknowledge that there is a fundamental problem with his invocation of this argument that these are people who believe they are Canadians, therefore they are entitled to citizenship? Does he not acknowledge how flawed and dangerous that way of thinking is?
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  • Sep/16/24 5:34:24 p.m.
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Mr. Speaker, I would suggest that there are individuals out there who can better explain to the member opposite than I could. There are individuals such as Don Chapman, who has been cited, and even glorified, by some. However, there are people out there who would be able to explain to the member opposite that, in fact, there are many people who should be considered citizens of Canada. I would like to think that, if that member met with and talked to some of those people, he might have a different opinion than he currently has. I can appreciate that the member has likely been instructed to come into the House and make an argument as to why Bill C-71 should not pass. I find that unfortunate. What is next? Is the Conservative Party going to say, “Well, we are going to put limits”? Will it say, “We are going to increase the number of days required to become a Canadian citizen from a permanent residency”? Can we anticipate that this would happen?
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  • Sep/16/24 5:35:38 p.m.
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Mr. Speaker, it is a pleasure to be back here this fall to take part in the dynamics of the House of Commons. It is going to be a very exciting season. Earlier, my colleague from Montcalm asked an excellent question to which he did not get an answer. I would like our colleague from Winnipeg North to tell us more about it. The member for Montcalm gave the example of a Canadian couple whose child moves abroad for work. That child lives in a foreign country and has children of their own. The question my colleague from Montcalm asked was very simple, but the Conservative member did not deign to answer it, perhaps out of ignorance or a lack of interest in the issue. I would like to hear what our colleague from Winnipeg North has to say about it. Should the child of this Canadian living abroad have to fight to have their Canadian citizenship recognized, or should they be granted citizenship from the start?
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  • Sep/16/24 5:36:37 p.m.
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Mr. Speaker, I am not too sure, but from what I heard through translation, the type of child being referred to would be a citizen of Canada. It is as simple as that. We are talking about that second-generation individual, which is where it becomes somewhat problematic according to the Conservative formula. Someone can be a Canadian or a diplomat or whatever, and people move out of Canada for a wide spectrum of reasons, and when they are outside of Canada, they do have children. It is those children who could potentially be at risk. This is where, in good part, a lot of the concern arises. I would really encourage members of the Conservative Party in particular to become more familiar with the types of individuals we are talking about because hopefully it would change the members' attitudes.
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  • Sep/16/24 5:37:48 p.m.
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Mr. Speaker, my concern is that, for people listening to this debate, the image that the Conservatives are giving out is that, well, if someone just decides they are Canadian, then they can become a Canadian citizen. That is absolutely ridiculous. There is also the image that people are flying here, giving birth and then getting their grandchildren Canadian citizenship, which is also completely false. It is a dangerous game because we are seeing rising racist hate. We see what Trump is doing in Springfield, and no, people do not come here and eat dogs. However, it reminds me of when the Conservatives ran an election on a barbaric hotline, where people were supposed to be invited to call in on their neighbours and target them because they were Muslim or they were from other communities. Therefore, when the Conservatives say that it is not that easy and we can decide who is a Canadian, we know what that dog whistle is. It is a dog whistle to the racist base, just like Trump's racist dog whistle. It is just like in 2015 when they were saying to rat out our neighbours because those people do barbaric practices.
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  • Sep/16/24 5:39:07 p.m.
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Mr. Speaker, it is important to recognize that there has to be some form of a significant connection to Canada, and that is something the minister himself highlighted in bringing forward the legislation. However, when I listen to Conservative after Conservative talking about the issue, I think there is a legitimate issue to raise and that is what the Conservative policy is regarding permanent residents. Will the Conservatives give a guarantee that they would not increase the number of days required for a permanent resident to ultimately apply for citizenship? Based on some of the Conservatives' comments on immigration we have heard today while talking now about citizenship, I am very suspicious of Conservative far right MAGA attitudes toward immigrants. We need to push the Conservatives to come out and tell us specifically what their plans are, whether they concern citizenship, permanent residents or any other public policies, such as the environment.
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