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Decentralized Democracy

House Hansard - 336

44th Parl. 1st Sess.
September 16, 2024 11:00AM
Context: House Hansard - 336 - Sep/16/24
Mr. Tom Kmiec (Calgary Shepard, CPC)
Madam Speaker, I am glad to be the first member of the official opposition to rise for Bill C-71. After hearing the minister speak, it tells me that he came here unprepared to deal with the substance of the legislation that he himself tabled in this House. First of all, I will debunk a bunch of things that were said that are incorrect. They are not true. If we look at the record, as I said in my question, on February 15 and February 7, 2008, in the original debate on Bill C-37 on the first-generation limit that introduced the rules that existed between 2009 and the end of 2023, when the Ontario Superior Court ruled that there were two charter violations, the Liberals voted for it, supporting a motion to move forward with the legislation at the next stage. They did not do that once such that we could perhaps say they were not paying attention, but they did it twice. They accepted the logic of it. Not only did they accept the logic of it, but there is a report from the 2005 immigration committee that recommended putting something like a first-generation limit rule in legislation. In 2005, former prime minister Paul Martin was in charge, which means there was a minority government and a majority on the committee decided to push forward that recommendation. It was then adopted in 2007 by Diane Finley, the immigration minister at the time. The ridiculous claim that we on this side are taking away rights or that rights are being taken away is absolutely false. All Liberals supported it. In fact, even the NDP supported the motion at the time. There are some members sitting here today who were in their seats at the time they supported the Bill C-37 motion, not once but twice. Let us start with that. Nobody would lose their citizenship through this legislation. That is not what we are talking about. The Conservatives believe that everybody has a right, if they meet the rules, to apply for citizenship, but new rules would be created for citizenship by descent with a substantive connection clause that a judge said was necessary. We disagree with how the substantive connection test is created and what the rules for it are. That is a substantive reason to oppose this legislation at second reading, something that all other parties knew about because, as the minister mentioned, we were going through this during the Bill S-245 debate. I think I have shown that this is not anything new. Other parties supported the first-generation limit at the time. They were all onside to push through Bill C-37. Our belief is that naturalized Canadians like me are treated exactly the same in the Citizenship Act and the law as Canadians who were born here. My children were born here and I am a naturalized Canadian. We are considered generation zero for the purposes of current legislation. I am not the only one saying that. It is a judge saying that. In paragraph 9, he said, “gen zero: the applicants belonging to gen zero are Canadian-born citizens who had children abroad, or naturalized Canadian citizens who had children abroad after their naturalization, and whose children acquired Canadian citizenship automatically by descent.” We are really talking about grandkids. The critical question that government officials have been incapable of answering is about sound logistical planning, the words the minister used just now. As sound logistical planning indicates, when we are passing legislation and proposing it to the House, members in the House should know how many people would be affected by it and how many people would be included, because this is about grandkids who are born abroad to parents who were abroad when they get citizenship by descent. That is the critical question here, and the Liberals have not been able to answer it. They have not been able to answer how many people this would apply to. With all the benefits we give out to Canadian citizens, which Parliament has voted on, such as transfer payments, the ability to travel on a Canadian passport, one of the strongest passports in the world, and the ability to be evacuated from certain countries when there are issues and problems overseas, as we saw during the pandemic, we would think the government would take the summer to do its homework. However, the minister did not do his homework. Instead, he came here to accuse the Conservatives and anybody who disagreed with him and, frankly, did not even read the record from 2008 to know how his own party voted. The Liberals were in support of the same rule that the Superior Court in Ontario found for two reasons is not charter-compliant. That should have resulted in an appeal to the Supreme Court of Canada. On a matter as important as the Citizenship Act, I would have liked to see the government appeal it. The minister refused to explain to the House why he did not seek that appeal, why he chose not to go forward with it. As found later in the ruling, which I am going to read from partially because I think it is important, one of the reasons that the legislation was found not to be charter-compliant is the bureaucratic incompetence at the immigration department. That is entirely on the back of the minister. He is responsible for the logistical planning, which are his words, to make sure there is no backlog, that applications have the correct information in them and that officials are held accountable. I am going to read from sections 263 to 265 of the ruling, which are different parts. The judge noted: On cross-examination he testified that his source for this information were various unnamed IRCC case managers. However, the information Mr. Milord obtained from these case managers was replete with inaccuracies. With respect to Ms. Maruyama, these include misidentifying the year Ms. Maruyama’s father was naturalized as a Canadian citizen, Ms. Maruyama’s mother’s citizenship, the reason for rejection of Ms. Maruyama’s children’s application for permanent residency.... There were also errors in Mr. Milord’s evidence about how Mr. Chandler’s child acquired Irish citizenship. Paragraph 264 states: I note that in addition to these errors, at the outset of the hearing, I was advised that Mr. Burgess had been told that his child, QR— This is to hide the identity of minors. —had been granted permanent residency or citizenship status. However, counsel for Mr. Burgess was unable to confirm exactly what was going on, because in the mail, the Burgess family had received citizenship documents pertaining to someone else entirely, unrelated to the family or this application. In paragraph 265, the judge found in a very small sampling that there was an error rate of 50% in these particular case files. I think for many of us in our constituency offices in our ridings, about 80% to 90% of the work is immigration case files. I hope members will agree with me that we find them replete with errors time and time again. It was because of errors on the bureaucratic side by the minister and the department he runs and is responsible and accountable for that the judge found there were charter violations. That is not a problem with the original idea that the Liberal Party of Canada supported. I am going to repeat that to them: They supported it not once by accident but twice. They knew exactly what they were doing at the time. The minister talked about the substantive connection test without referring to it directly, saying that there would be a three-year naturalization limit. That is an incomplete statement. It is an incomplete answer. The suggestion to use the same rule that we have for permanent residency is found in three out of five applications for permanent residency to Canada. I do not think that is enough, and I made that case at the immigration committee during the Bill S-245 debate. The reason I do not believe it is enough is the way it is going to be calculated. The rule would be applied if the parent of a child can demonstrate 1,095 non-consecutive days in Canada at any time before the birth of the child. If someone is having children later in life, they would have more time to prove the 1,095 days to pass on their citizenship by descent. If they ever travelled back to Canada, they could obviously give birth to their children in Canada. As a Canadian by descent, they could do that here, and they would have birthright citizenship, just as my children did when they were born in Calgary. All four of them were born in Calgary. For the 1,095 days, we proposed to make them consecutive so that someone could prove a substantial connection to Canada. The Conservatives agreed at committee that three years seemed like a reasonable amount. If someone went through a K-to-12 system or went to school for a few years and then their parents left Canada for whatever reason, such as for work opportunities or take a year off, three years consecutively would be a good demonstration of a substantial connection to Canada. That was voted down by the Liberals. In fact, they voted down nearly all of our amendments. We proposed over 40 of them, and let it not be said that we are unreasonable. We actually voted with the Liberals on 10 of their amendments. We said that we could see the wisdom of them. There are sections in Bill C-71 that we agree with, like treating adopted children of Canadians equally to those who are naturalized or born Canadians. That seems like a reasonable thing to do. For the faster revocation rules for citizenship, if someone does not want their citizenship and wants to give it up, we agree that there should be a simpler process. The example the minister gave is incomplete. The best example to give would be members serving in the Australian Parliament, who cannot be dual citizens. That is directly in their constitution. Certain members here might have Canadian citizenship eligibility by descent, and we do not want to make them ineligible. In my case, I am a dual citizen. I am a citizen of Canada by naturalization and a citizen of the Republic of Poland by birth. They would charge me about $565 to give up my citizenship, and I am not giving up one red cent for that. There are still some red cents in circulation, and I will not pay one red cent to the republic to give up my citizenship. The application is entirely in Polish as well. Our rules for individuals to renounce their citizenship if they do not want it would be much simpler. I find it interesting that the minister did not even know that about his own legislation. We also support another important part, which was in the original Senate bill, Bill S-245. It came from our colleague on the Conservative side, Senator Yonah Martin, who wanted to address 50 months of lost Canadians between 1977 and 1981. We agreed. That is why the legislation came here. At the time, we asked if we could pass it quickly enough to look after the section 8 lost Canadians. We agreed that they should have their citizenship restored because they missed the cut-off date. In fact, one of our members from Saskatchewan almost became one of those lost Canadians. He only found out within a few months that he needed to apply to maintain his citizenship. We agree with the principle that this group of Canadians should have their citizenship restored and protected. The other changes the government is proposing are not what I would call proper logistical planning, to use the minister's term. Why should we believe that the minister is capable of managing the new applications that would result from people seeking their proof of citizenship documents? That is why I asked how many people there would be and how many resources would be needed to process them. Are they in the thousands, tens of thousands or hundreds of thousands? Are there more than that? That would be a huge burden on the department. Back in September 2022, the former minister announced that we would have all digital applications. The claim was made at committee, in both public and private, that it would help to reduce the backlog of immigration applications. It has not done that. We are still at over two million backlogged applications in the system, and some of the wait times are just as long if not longer than they used to be for some of the major PR programs. I will read a few of the headlines about this from different commentators and immigration consultants. The first one, by Sergio R. Karas, is from Law360 Canada: “Bill C-71 depreciates Canadian citizenship”. Here is another: “First reading: How the Liberals keep dropping the barriers on who can become a Canadian”. This is by Jamie Sarkonak: “Liberals water down citizenship for grandkids of convenience Canadians”. “Government bill will allow Canadians to pass citizenship rights to kids born abroad” is a Canadian Press article. Here is another one, from Brian Lilley: “Trudeau Liberals making moves to cheapen Canadian citizenship”. Another says, “Canada Introduces New Bill to Restore Citizenship by Descent”. We should go into the provisions on the substantial connection test, about which I have, again, a lot of concerns. At committee, we proposed a change to make it 1,095 consecutive days.
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