44th Parl. 1st Sess.
September 17, 2024 10:00AM
Madam Speaker, I do have a concern with Bill C-71. My concern has to do with the measure that would allow a Canadian citizen to have their children be Canadian citizens if they were not born in the country, and even their children be Canadian citizens, in perpetuity.
What would happen would be that we would then have all these people who do not live in Canada and are Canadian citizens. Elections Canada allows each person who is a Canadian citizen who lives outside the country to choose on their honour system where they want their vote to count. We cannot identify how many people this could affect, and we know elections sometimes get won by maybe 100 votes or less. Therefore, how is the government planning to address this part to make sure that we maintain our democratic purity?
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- Sep/17/24 4:36:21 p.m.
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Mr. Speaker, today we are talking about Canada being in compliance with international law and we are talking about the rights of people who deserve to be Canadian. Whether people are born abroad first generation or second generation, if they have a substantial connection to Canada they should be Canadian citizens.
The legislation that would have been debated back in 2009 far precedes my time in the House, but I mention it was legislation brought forward by the Conservatives that was done as an all-or-nothing measure.
Today we are correcting the major damage the Conservatives did to our citizenship legislation, and that is what is important.
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Mr. Speaker, I am thankful for this opportunity to rise and speak to Bill C-71. This bill proposes to amend Canada's Citizenship Act and restore citizenship to those individuals who lost it due to previous unconstitutional legislative amendments.
I was compelled to participate in this debate after hearing from some of my constituents on this matter. However, I was struck by recent comments made by the Conservative member for Edmonton Manning. The member mentioned knocking on doors and talking to Canadians, saying that the changes put forward by the Minister of Immigration, Refugees and Citizenship today, changes that the courts have clearly indicated are needed, are just making more Canadians of convenience and that this would grant citizenship to tourists. I can tell members that I have heard the contrary from constituents.
It was just a few months ago while I was door-knocking in one of our growing neighbourhoods in Whitehorse, Whistle Bend, that I had a great conversation with a woman who had lived in Canada for years. Whitehorse is her home, and Canada is her home. However, she is one of our lost Canadians, and not having citizenship for her country matters greatly to her. She was glad to hear that this bill we are considering today is in the House and that it would bring her a step closer to being a citizen in a country that she had lived in for so long, that she loves and where she will spend the remainder of her days. I want to thank this constituent for sharing her story with me. She pressed us to help neighbours, colleagues and families who are lost Canadians. I thank her. I will do my part to support this bill, which will help lost Canadians. I also thank her for introducing me to her very cute dog, Pete.
Another constituent of mine has shared with me about a family member of theirs. This family member was born outside of Canada while their parents lived abroad working for a non-profit organization. Their dedication to service obviously ran in the family. This individual who was born abroad chose, as an adult decades later, to go into much similar work and now lives abroad working for a Canadian registered not-for-profit organization. This individual now has children while working abroad. A few years after that first child was born, they applied for their child's citizenship and passport, but they were denied based on the young child being from the second generation born outside of Canada.
My constituent's cousin asked why his children being punished with refusal of citizenship due to the service of their parents and grandparents in a not-for-profit organization. There are special considerations for members of the Canadian military but not for citizens in other areas of service.
Here is what I heard: “Not only does it hurt to know that my kids are not citizens, but it also calls into question how I end up feeling about my own Canadian citizenship. I feel very much like a second-class citizen as a result. Although I do not live in Canada, I do feel very much Canadian. I would love to be able to give that gift to my children.”
Families like those of my constituent, and the constituent I spoke with directly a while ago who is personally one of those lost Canadians, have been put into very difficult situations following the 2009 law passed by the last Conservative government. While the Conservative opposition filibustered a bill for 30 hours, a bill put forward by one of their Conservative senators, it is my hope that this new bill can bring some relief and justice to these families placed in such awkward and hurtful situations.
Many people around the world seek to come to Canada and become Canadian citizens. In my opinion, Canada is the best country in the world, and it is clear that it is the top choice for newcomers to begin the next chapter of their lives. Canada is a country that is welcoming, diverse and inclusive. I think I can speak for all of us when I say that we are proud to be Canadians, whether we were born here and raised here or came to this country, like me, going through the process of making it our home.
In 2009, Canada's Citizenship Act was amended to resolve this issue and simplify the rules around citizenship. The 2009 amendments repealed the requirement to act in order to retain citizenship, but at the same time, the Harper Conservatives fundamentally changed citizenship by descent by introducing a harmful and unconstitutional first-generation limit. Individuals born outside of Canada in the second generation or a subsequent generation were no longer able to inherit citizenship and could only become Canadians through the naturalization process, which is by applying and coming to Canada, becoming a permanent resident and passing our citizenship test. It is deeply offensive to be asking someone who is rightfully Canadian to immigrate to their own country.
The 2009 changes also ensured that anyone who was born after the 1977 legislation but who had not yet turned 28 when these changes took place was allowed to maintain their status and remain Canadian. At the same time, in 2009 and then again in 2015, the government introduced amendments to the Citizenship Act to restore citizenship to groups of people who lost citizenship or who never became citizens in the first place because of rules in the first Canadian Citizenship Act of 1947, which we now recognize as outdated.
The vast majority of lost Canadians were remedied by legislative amendments in 2009 and 2015. Since 2009, nearly 20,000 individuals have come forward and been issued proof of Canadian citizenship related to these amendments to the Act. In December 2023, a court decision required that the Citizenship Act be revisited once more. The Ontario Superior Court of Justice determined that the Harper Conservatives' first-generation limit on citizenship by descent was unconstitutional on both equality and mobility rights.
It was clear during the study at the Standing Committee on Citizenship and Immigration on Bill S-245 that there is still a cohort of people remaining who refer to themselves as lost Canadians. These are people, of course, who were born outside Canada in the second or subsequent generations and who lost their citizenship before 2009 because of the now repealed rules that required them to take steps to retain their Canadian citizenship before their 28th birthday. This cohort of lost Canadians is limited to a group of people who were born outside Canada to a Canadian parent between February 1977 and April 1981, did not take steps to retain their citizenship before turning 28, and were the second or later generation born outside the country.
Since Bill S-245 went through a number of changes and improvements using feedback from experts and those affected, it made sense to incorporate some of the Standing Committee on Citizenship and Immigration's suggested changes into the new legislation. Today's legislation builds and improves on the work done in Bill S-245. It would restore and provide citizenship for groups impacted up to the date of the legislation coming into the force of law. It would also create new rules for citizenship by descent from the legislation's start date, ensuring a fair and inclusive Citizenship Act going forward.
This legislation offers the best solution for a welcoming and inclusive future. It would restore citizenship to those who might otherwise have lost it, and it would address the concerns from Parliament and the Ontario Superior Court with the Harper Conservatives' exclusionary legislative amendments from 2009.
I hope we can all continue to work together to quickly pass the legislation and provide a better regime for future generations of Canadians.
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- Sep/17/24 5:11:43 p.m.
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Mr. Speaker, I completely agree with my colleague. This historical error caused people to lose their citizenship, their rights and access to services. They became second-class citizens. Children became stateless and were stuck in limbo, although limbo apparently no longer exists because the church officially abolished it.
I would like to talk about the Conservatives' position. They talk about citizenship tourism and birth tourism. That makes me think of the years of darkness under the Stephen Harper government, when Jason Kenney eliminated health care for asylum seekers and refugees, claiming that these people were leaving their countries and their families to get health care here in Quebec and Canada. It seems like more of the same with the current batch of Conservatives.
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Mr. Speaker, I am going to ask a question about numbers, but I just want to preface by saying to the member that Bill C-37, when it was passed in 2009 and introduced the first-generation limit, was actually supported by all parties in the House twice, on February 8 and on February 15, with unanimous consent votes.
With respect to numbers, I looked at Statistics Canada, and in 2016, a study done by Bérard-Chagnon and Canon said there were four million Canadians living abroad, which was a 36% increase since 1990.
According to the study it was using for the United Nations, dating back to a 2017 study showing the progression, the Asia Pacific Foundation of Canada found, in its estimate, that there could be as many as 2.7 million Canadians living abroad. An updated estimate in 2016 said there could be between three million and 5.6 million.
Regarding the last breakdown, I will put the question to the member. They did a breakdown, thanks to the United Nations, the World Bank and the OECD, and they found the following: 51% are citizens by descent; 33% are Canadians by birth; and 15% are naturalized Canadians, like I am.
I am going to put to the member the same question I put to the minister the other day. How many persons living abroad will therefore be eligible to apply to the department for a proof of citizenship document and thereafter a Canadian passport?
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- Sep/17/24 6:15:13 p.m.
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Madam Speaker, I would like to start this short speech by taking a look at some important events that took place yesterday and by congratulating my new colleague, Leila Dance, who won in Winnipeg and held on to a seat for the NDP. She showed that we are capable of beating the Conservatives. I would congratulate Mr. Sauvé as well, who won in LaSalle-Émard-Verdun. I would also like to talk about another Mr. Sauvé, Craig Sauvé, who was the NDP candidate. Unfortunately, he came in third in an extremely close race. I still want to congratulate him on his campaign and to congratulate the whole team of volunteers and activists who worked so hard on the ground.
That being said, today we are debating a very important subject, a bill that seeks to right a wrong. I apologize for the expression, but there are people who are falling through the cracks. This has very serious consequences because it means that they can lose their citizenship. Some may even lose their citizenship without even realizing it. This has a whole range of repercussions, including impacts on their ability to work, to get public services, to enrol their children in school, and so on.
I admit, I was surprised that it is possible to lose citizenship. Then there is the whole issue of being able to pass on citizenship to second-generation children born abroad to parents who are Canadian citizens. I think it is a very serious problem if our laws allow children to come into the world stateless. Let me remind the House that even the United Nations, in 2007, identified Canada as one of the countries that was refusing to take steps to avoid making people stateless. According to Refugee Listed Canada, we were operating slightly outside the law.
I think that this bill makes some important corrections. Loss of citizenship has major repercussions on people who work abroad and have to travel, as well as on their children. If we can all steer clear of petty politics, finger pointing and scare tactics, we could solve a problem affecting hundreds of people and avoid problems that throw the lives of many of the people we represent into turmoil.
I encourage everyone to make an effort so that we can pass this bill quickly and solve a problem that should have been fixed a long time ago, a problem created by the Conservatives when they were in power.
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