44th Parl. 1st Sess.
September 17, 2024 10:00AM
- Sep/17/24 4:24:12 p.m.
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I declare the motion carried.
I wish to inform the House that because of tributes and the deferred recorded division, Government Orders will be extended by 48 minutes.
As mentioned in the Speaker's statement of Monday, September 16, the volume of earpieces will now be reset.
Members using their earpiece at this time will have to adjust the volume. I thank them for paying particular attention to the sound level.
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Mr. Speaker, I will be sharing my time with the member for London West.
It is a pleasure to rise for the first time in this House after the summer recess to represent the good people of West Vancouver—Sunshine Coast—Sea to Sky Country. It is especially important today because we are debating Bill C-71, an act to amend the Citizenship Act. It is very important that we start our session with this legislation because it strikes right at the core of what it means to be Canadian or, rather, how.
What do Mary Pickford, Leslie Nielsen, Ricky Gervais, Jimi Hendrix, Glenn Ford and Roméo Dallaire all have in common? These folks are well known as eminent Canadians, but they are also what are known as lost Canadians. Lost Canadians are individuals who were born in Canada or believed they were Canadian citizens but who lost or never acquired citizenship due to certain provisions in our outdated and confusing citizenship legislation.
For instance, first-generation Canadians born abroad are unable to confer citizenship to their children, and those born to a first-generation Canadian abroad automatically lose their citizenship at the age of 28 due to a cruel and unconstitutional law passed by the Harper Conservative government. The legislation we are debating today would fix these issues by amending the Citizenship Act to extend access to citizenship to descent beyond the first generation.
Once passed, Bill C-71 will automatically confer citizenship by descent to all those born abroad to Canadian parents before the coming-into-force date of the legislation. For those born after the coming-into-force date, there would be a new framework governing citizenship where citizenship by descent can be passed on beyond the first generation if a Canadian parent is present in Canada for 195 days straight, in what is being called the substantial connection test.
Bill C-71 would also allow people born abroad and adopted by a Canadian citizen who was born abroad to have a pathway to citizenship by way of a grant of citizenship. This different process is required because to comply with the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, which seeks to protect the child's best interest and prevent abuses such as the abduction, sale and trafficking of children, an assessment is necessary to ensure that an adoption complies with international adoption requirements.
Many of those currently affected by this issue are, in fact, children who are unable to access Canadian citizenship and the benefits that we so often take for granted, such as access to universal health care and education. The consequences these children face as a result of this outdated legislation are unacceptable. Take, for instance, the story of 12-year-old Zach Hirschfeld. He was born in Mexico to his Canadian father Bert, who was born in the United States and later naturalized to become a Canadian citizen. At the time, Zach's Canadian grandmother could not confer citizenship to Zach's father due to the discrimination against women that remains embedded in the Citizenship Act, which I will get to later in my speech.
Last year, Zach applied for proof of citizenship and was denied. As a naturalized Canadian, Bert was deemed to be born in Canada and thus could confer citizenship to his son, but this was later rescinded by Conservative Bill C-37 when it became law. Under Bill C-37, Conservatives took away the right for Canadians born abroad to pass on citizenship to their children. This law not only separated families, but created an undemocratic tiered system of citizenship and a new class of Canadians.
Today, Zach does not have citizenship in Mexico or Canada, and there is a legitimate question of him being stateless. Zach's father tragically died during COVID and his family in Vancouver wants him to live with them. The problem is that Zach has no legal status in Canada and thus cannot enrol in school, get medical coverage or get a social insurance number. To access these things, he needs to become a Canadian citizen. Under Bill C-71, he would.
To be clear, this is not an issue of immigration, as some members of the opposition claim. This is an issue of citizenship. As we can see from Zach's story, it is also an issue of equality and women's rights.
Prior to 1977, women could not confer citizenship on their children. Instead, children were seen as property of the father if they were born in wedlock, and property of the mother if born out of wedlock. This inequality has lasting impacts on new generations of Canadians born abroad. Bill C-71 would correct this by acknowledging the rights of second-generation Canadians born abroad to obtain citizenship, including descendants of women who previously could not confer citizenship due to these inequalities. This is not only the right thing to do; it is also necessary in order to make sure the legislation is compliant with the Canadian Charter of Rights and Freedoms.
Bill C-71 would also bring our laws into compliance with international standards set by the United Nations. Currently our legislation violates the UN Convention on the Rights of the Child, which states that all children have a right to education. It violates the UN Convention on the Reduction of Statelessness, which outlines the measures countries must take to provide a nationality to those who are stateless. It also violates the UN Convention on the Elimination of All Forms of Discrimination against Women.
While the bill is a step in the right direction, there is more work that needs to be done to ensure that citizenship remains protected. However, we know that not all parties in the House share this view. With the passage of Bill C-37 in 2009, the Conservatives demonstrated their willingness to strip Canadians of their rights and identity. In 2014, the Conservatives also passed Bill C-24, which allowed them to revoke the citizenship of dual citizens. This created an entire category of second-class citizens whose status as Canadians is insecure.
Further, we know that the Leader of the Opposition's flagship bill as the minister of democratic reform was to make it harder for indigenous people, youth and less affluent people to vote. We already know that the Conservatives would not care about being out of compliance with international law, because they have openly committed to withdrawing from the United Nations. Even more concerning is that the leader of the Conservative Party has committed to ignoring charter-protected rights and freedoms by invoking the notwithstanding clause. We would not be able to rely on the courts to protect us from the Conservatives' revoking citizenship, which can be changed on a whim.
Let us think of what those whims may be, because we know the tried-and-true playbook that the Conservatives use to ostracize minority groups to create fear in the population of people they do not know, to rally support. We know this is an effective method, but that is why we should be concerned to see the Conservative leader cozying up to white national groups, and it even filters into the anti-trans policy.
The complete and utter silence of the Conservatives on the plight of Palestinians over the last year has been deafening. How safe would someone feel in protesting in support of the Palestinian cause under a Conservative government? We already saw the Conservatives label environmentalists as a violent threat to Canada's security, pass legislation to spy on environmental NGOs and weaponize the Canada Revenue Agency to silence awareness that these groups were raising about the impact of fossil fuels.
How safe would someone feel speaking out about the impacts of climate change? How safe would someone feel about their Canadian citizenship? The answer is that they would probably feel a lot safer in an insurrection to overthrow the government because they might get brought coffee and donuts.
Therefore, I believe that citizenship should be enshrined as a right rather than a revocable privilege, so that we can protect all Canadians, whether dual citizen or not, born in or out of wedlock, adopted or not, from the Conservatives or any future government, from manipulating citizenship laws to exclude those they do not agree with. This risks eroding our democratic principles and turning citizenship into a privilege rather than a fundamental human right.
There also remain questions regarding when citizenship in Canada began. For many, it is assumed it began with the introduction of the Citizenship Act in 1947. However, that would mean that thousands of Canadian servicemen and women who died in the First World War and the Second World War would not be technically considered Canadian citizens. This ambiguity goes beyond just legal definitions; it influences how we remember our history and those who contributed to it.
Citizenship provides us with a sense of duty and belonging to the country we all are proud to call home. With the passage of Bill C-71, the Citizenship Act would have laws that are equally enforced and consistent with international human rights principles for the first time in Canadian history. It would grant citizenship to individuals like Zach, for whom there is genuine fear they may become stateless. It is an opportunity for us to modernize our citizenship legislation to ensure that those who rightfully deserve to be Canadian citizens do not get left behind. I hope all members of the House will support the legislation.
I want to give a special shout-out to Don Chapman, a constituent of mine in Gibsons who has worked so hard to move the legislation forward through the courts, and today through legislation we are debating.
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Mr. Speaker, I just want to make sure the member understands the 1977 Citizenship Act was amended in 2009. Actually, those portions would not be amended here; that was done way before.
In 2009, Bill C-37 introduced the first-generation limits. It was supported by all parties. It was supported twice by the Liberal Party of Canada, by the NDP and by the Bloc, and yes, it was a Conservative bill.
It is interesting that the member introduces a novel argument that we would violate international treaty commitments, because that was not an argument made at any point by the Minister of Immigration, Refugees and Citizenship.
If it is the case that it would be a violation, why are the first-generation limits in the United States, Australia and the United Kingdom not violations of their international treaty commitments?
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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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- Sep/17/24 4:37:18 p.m.
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Mr. Speaker, it is rather fascinating that the Liberal government is so slow to deal with this bill. Let us be clear, there are some very historic issues in this debate. People who lived through the war ended up in a situation where they had no citizenship. Some situations had to be straightened out even after death.
Why did it take a ruling by the Ontario Superior Court for the Liberals to finally take action?
The debate was held in the House in 2007. There have been successive governments since then, both Conservative and Liberal. Why did we have to wait so long to see some leadership to address normal situations for different Canadians?
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- Sep/17/24 4:38:03 p.m.
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Mr. Speaker, I do not have a good answer as to why it took an Ontario Superior Court decision. However, I do know that it is high time these things were done.
The act is discriminatory, and the bill we are debating today will help improve the situation. We need to do more.
I hope that next time something needs to change, we will not wait to go to court and for judges to tell us to take action. We have to do the right thing, and we can do it here, as parliamentarians.
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Mr. Speaker, I really do appreciate the shout-out that was given to Don Chapman. As I mentioned today and yesterday, I came to know Don Chapman when I worked for Andrew Telegdi, the former member of Parliament for Waterloo.
I also really appreciated the member's insights at countering this false narrative by the Conservatives regarding Bill C-37, who then are intentionally choosing to forget that former prime minister Stephen Harper basically gave an ultimatum to members to either take this step that lost Canadians were fighting for or none of it would happen. People like Don Chapman were leading the charge to ask for this step to at least be taken, because we were never going to get the Conservatives to truly be inclusive. They are the most uninclusive party possible.
My question to the member is in regard to the Ontario court ruling and the fact that this legislation would make Canadian citizenship more equal, especially when it comes to kids being adopted or who are born abroad. I would like to hear what the member thinks the benefits are of having legislation that would be constitutional. What kind of value does that have when it comes to Canadians and the pride we share?
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- Sep/17/24 4:40:14 p.m.
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Mr. Speaker, one thing Canadians are very proud of is our Charter of Rights and Freedoms. It is something that we hold up. Any law that we pass that is unconstitutional I think is a strike right at the core of what it means to be Canadian. Part of that as well is being inclusive: respecting people, being a welcoming society. I think that is what this legislation helps move us closer toward. The reason we are here is because so many people have fought for decades and hundreds of years to bring us here, so I want to salute all the hard work by folks who have done that.
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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 4:48:47 p.m.
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Mr. Speaker, I am going to ask my colleague about the actual unconstitutionality of the bill. The bill came from a ruling of unconstitutionality from the Superior Court of Justice in Ontario, which is a lower court in Ontario. Six months ago, it did not advance to the Court of Appeal in Ontario.
Some judges may actually have some other, perhaps more experienced views on what is constitutional and what is unconstitutional that could come out before the bill lands on the floor of the House of Commons. Does the member think it is the government's job to take a lower court decision and bring it all the way to the House of Commons before it actually appeals that decision?
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- Sep/17/24 4:49:35 p.m.
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Mr. Speaker, of course, the judgment of a court can be considered at any level. In this case, a solid, thorough decision made by the Ontario court was accepted and agreed to by the government. That gives reasonable grounds to proceed with what is really correcting an injustice that dates back to the previous Conservative government.
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- Sep/17/24 4:50:15 p.m.
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Mr. Speaker, I thank my colleague for his speech, which was quite clear. He did a good job explaining that the government wanted to correct an injustice by ensuring that people who have wrongly lost their citizenship could get it back.
During the debates, at least yesterday's debate, the official opposition pointed out that this bill could have negative effects, specifically that it could create a birth tourism of sorts.
I would like my colleague to comment on that.
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- Sep/17/24 4:50:52 p.m.
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Mr. Speaker, yes, I heard the same speech. That is simply not true.
It is about helping those who lost their citizenship because of a decision made by the previous Conservative government. The bill simply seeks to correct an injustice that has been created. It does not open the door to other tourists. The government is really targeting certain people who have been forgotten and lost their citizenship because of that decision by the previous Conservative government.
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- Sep/17/24 4:51:57 p.m.
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Mr. Speaker, I thank my colleague from Yukon for his speech.
Obviously, the NDP agrees that this historic mistake needs to be corrected. In a democracy, there is nothing more precious than citizenship, which allows us to take part in the work of government. It is extremely serious that people could lose their citizenship because of a legislative error.
However, we are a bit concerned that, in the current wording of the bill, there is no implementation deadline for the act to come into force. I would like my colleague to reassure us that, once this bill is passed, it will come into force as quickly as possible.
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- Sep/17/24 4:52:40 p.m.
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Mr. Speaker, I thank my NDP colleague for his comments. I agree with him, and I, too, hope that this legislation will come into force as soon as possible.
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- Sep/17/24 4:53:07 p.m.
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Mr. Speaker, I want to pick up on a question from my colleague from Calgary Centre to ask the member for Yukon. We know the legislation is unconstitutional and not in compliance with Canada's international obligations. Does the member think it is reasonable to expect the Canadian government to take a position where it could deny access to citizenship for at least another five years, hoping to get a different ruling, and spend perhaps millions of dollars in the process of doing that?
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- Sep/17/24 4:53:36 p.m.
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Mr. Speaker, I certainly appreciate the question.
I think it is really very precise in that, if we are to achieve correcting this injustice, then we can stand on firm ground to accept the Ontario court's decision and proceed accordingly.
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- Sep/17/24 4:54:06 p.m.
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It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Cypress Hills—Grasslands, Carbon Pricing; the hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes, Public Services and Procurement; the hon. member for Calgary Centre, Finance.
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Mr. Speaker, I am very happy to participate in the debate on Bill C‑71, which would correct injustices and the institutional nature of the Citizenship Act. I am happy because, ironically, the Bloc Québécois set out to do just that in 2007 and worked incredibly hard on it. I am choosing my words carefully.
I would therefore like to acknowledge the work of the former member for Vaudreuil-Soulanges, Meili Faille, who took stock and made a list. I know her a bit, so I can imagine how she weighed and re-weighed every detail. She compiled an exhaustive list of problems relating to citizenship. I feel that she must have assessed the individual situation of every Canadian and every Quebecker. Under her leadership, the top experts across Canada worked on two studies, which many of us have quoted in the House. What makes this speech a bit special, if not fantastic, is that it is a privilege for me to talk about the work of Ms. Faille, given that she is now my assistant here in Parliament, and that of her friend Don Chapman, from the Lost Canadians society. Right now, he is a lost Canadian who might be on the high seas or on another continent. I do not know where he is watching from, but I salute him.
I realize that this bill represents an important moment for the families caught up in this circus. It is high time that this citizenship bill made its way through the House. Citizenship is not a privilege; it is a fundamental right rooted in our collective identity.
In Quebec, this concept obviously has a particular resonance. Citizenship is also a reflection of our pride and our desire to build a fair, inclusive society that brings us together and reflects who we are. Obviously, I dream of Quebec citizenship. However, before that, there are steps to be taken. It is unfathomable to ignore the critical importance of this right to full participation in our society, regardless of political stripe.
There are different ways we can become citizens. Some of us were fortunate enough to be born in Canada. Others are newcomers who chose Canada, settled in our communities and obtained their citizenship. They are sometimes called naturalized citizens. There is also citizenship by descent. We are talking about people who were born outside the country to a parent who is a Canadian citizen.
Today, we must address a crucial aspect of the Citizenship Act that concerns the fairness and inclusiveness of the system. It is well established in Canada that, with very few exceptions, citizenship is automatically granted to anyone born on Canadian soil. However, there are significant challenges when it comes to citizenship by descent for those born outside Canada. These are challenges that we absolutely must resolve.
The Citizenship Act currently imposes a significant restriction. Citizenship by descent is limited to the first generation. In other words, children born abroad to Canadian citizens can only obtain Canadian citizenship if the parent was born in Canada or acquired Canadian citizenship by naturalization before their birth. This restriction excludes those who, due to personal or professional circumstances, have had children born abroad. These days, this is something that can happen to anyone. What's more, it also prevents Canadians born or naturalized in Canada from applying for citizenship for children adopted internationally. This creates inequality and frustration for many individuals who, despite their deep connection to Canada, find themselves unfairly deprived of the rights and privileges of citizenship.
Furthermore, the previous legislation, prior to the amendments made from 2009 to 2015, led to even more complex situations for some, including lost Canadians. These are individuals who lost their Canadian citizenship at the age of 28 if they were born abroad to Canadian parents during a specific period of time, between February 15, 1977, and April 16, 1981, before the law limited the transmission of citizenship to the first generation in 2009. Why keep it simple when it can be complicated?
The amendments proposed in Bill C-71 represent a significant step forward in resolving these long-standing injustices. They seek to expand opportunities to hand down citizenship rights beyond the first generation, which would enable Canadians who are born abroad to hand down their citizenship to their own children, even if those children are born outside Canada. These changes also address situations that were left unresolved by previous reforms and they provide a solution for Canadians who were unfairly deprived of their citizenship under the old legal framework.
By supporting these reforms, we are affirming that our commitment to a citizenship policy that reflects the principles of fairness and justice is essential and that we want to ensure that every citizen, regardless of their place of birth or place of residence, can have their rights fully recognized and protected. By making these changes, we are taking an important step toward fairer, more inclusive legislation that guarantees that our citizenship system is fair for everyone. Since the Citizenship Act was passed in 1977, we have seen that many Canadians, including many Quebeckers, are being deprived of this essential right because of legal shortcomings. Not only does this situation create obstacles in their daily lives, but it also affects their dignity and sense of belonging.
In Quebec, we have always valued justice and equality. It is imperative for these values to be reflected in how we treat citizenship. The proposed changes have to go well beyond superficial adjustments. They have to ensure that this inalienable right is respected and protected for everyone, including those in Quebec who are fighting to have their status recognized.
Yesterday I was explaining to students from Noranda School in Rouyn‑Noranda, who were here visiting Parliament Hill, why our work in committee is fundamental and just as important as our contributions to the debates here in the House. We have here a fine example of how much time it takes and how much work is required in committee. I commend the work of exceptional organizations and people like Don Chapman, who I was talking about earlier. These people work tirelessly for the cause of lost Canadians. I can attest to the contribution of the Chapman family, Brenda and Don, and all they have done for everyone who has asked them for help. I thank the Chapmans on their behalf. Many interventions have been made in committee.
I listened carefully to yesterday's debate on this bill. It is true that the Conservatives put members in a very delicate position in 2008. In response to the parliamentary work of the Standing Committee on Citizenship and Immigration, they implemented the vast majority of the corrective actions recommended in the report entitled “Reclaiming Citizenship for Canadians: A Report on the Loss of Canadian Citizenship”. While that legislation did fix some aspects, it also contained a controversial provision that limited citizenship to the first generation only, excluding the second generation born abroad. This provision was an integral part of Bill C‑37.
Those who followed the debates at the time will recall that the Harper government clearly stipulated that Bill C‑37 would be repealed if it was not passed in its entirety. If that vote had not taken place, thousands of Second World War veterans, as well as tens of thousands of their wives and children, would have lost their rights in their own country. How appalling, considering the important contribution that veterans have made to the quality of life and freedom of people in this country.
A war bride who was 20 years old in 1946 would now be 98. Many of those veterans and their wives have passed away. If MPs back then had rejected the first‑generation limit imposed by Bill C‑37, those people would have died without citizenship, all because of the attitude of the Harper government at the time.
I have been closely following the Standing Committee on Citizenship and Immigration's study on Bill S-245 and the enormous amount of work that has been done to try to fix the problematic situations. However, this bill does not actually include the changes that the lost Canadians wanted to see. It is also important to remember that, while all this was happening, the Ontario Superior Court of Justice in Toronto was hearing a case on the constitutionality of certain aspects of the Citizenship Act. The Liberal government waited until it received an ultimatum before taking action.
The bill responds to an Ontario Superior Court of Justice ruling which declared that the first generation limit on citizenship applicable to the children of Canadians born abroad is unconstitutional.
On December 19, 2023, the Ontario Superior Court of Justice struck down section 3(3)(a) of the Citizenship Act on the ground that it violated mobility rights under section 6(1) of the Canadian Charter of Rights and Freedoms, which states that “Every citizen of Canada has the right to enter, remain in and leave Canada”, and section 15 of the Canadian Charter of Rights and Freedoms, entitled “Equality rights”, which states that every individual is equal before the law and has the right to equal protection and benefit of the law.
The Government of Canada chose not to appeal this decision and has finally acknowledged the inequity of this restriction. The government has until December 19, 2024, to pass Bill C-71. The Bloc Québécois will vote in favour of this bill because the Bloc Québécois believes that it rectifies historical injustices.
In his decision, the judge accepted the argument that women are particularly affected because the second-generation cut-off discriminates against them based on their sex, forcing women of child-bearing age to choose between travelling, studying or having a career abroad and returning to Canada in order to maintain their right to pass on citizenship to their children. There is something rather absurd about that. The Bloc Québécois supports any legislation that puts an end to discrimination against women.
As the Bloc Québécois critic for sport, I also want to commend Erin Brooks, a very talented surfer with roots in Quebec who grew up in Tofino, British Columbia. We heard from her at committee. Unfortunately, her dream of representing us in Paris at the 2024 Olympic Games did not come to pass. After spending more than three years in administrative limbo thanks to the Conservatives, she was unable to straighten out her citizenship issues in time to qualify. The Citizenship Act needs to be overhauled to end this kind of nonsense. We are proud of Erin and we wish her a successful career in sport representing us, Quebec and Canada.
Bill C‑71 corrects the situation for the remaining categories of people who have been left out despite successive reforms to the Citizenship Act. It is imperative that we tackle the challenges and injustices in our citizenship legislation with determination and compassion. The amendments proposed in Bill C‑71 provide a valuable opportunity to address persistent gaps and expand access to citizenship for everyone who is entitled to it.
By extending the opportunity to pass on citizenship beyond the first generation and by resolving the outstanding issues left unresolved by previous reforms, we are strengthening our commitment to fairness and inclusiveness. Every individual deserves to have their rights fully recognized, regardless of where they were born or where they live.
In supporting these reforms, we are not only advancing our legislative agenda, but also affirming our commitment to building a fairer citizenship system that respects the fundamental principles of equality. It is time to ensure that our citizenship policy truly reflects the values of justice and inclusiveness to which we aspire. Through these actions, we are demonstrating our commitment to a future where all citizens, regardless of their background, find their place and have their rights fully respected.
In closing, I want to highlight two things. It seems rather ironic to talk about Canadian citizenship and the laws of this Parliament. Back in 1995, I remember when Canada gave thousands of people the right to vote by granting citizenship to newcomers who did not have the background or family ties that come to mind when we think of the lost Canadians. I find it extremely offensive when political issues are used to promote or defend what people call “Canadian unity”. We saw a government illegally fast-track the citizenship process. Then there are the people who contributed and paid their taxes their entire lives who may not even have realized they never had citizenship and who were marginalized and denied certain rights.
Something is wrong there.
Take, for example, Roméo Dallaire, an outstanding citizen. He did not have Canadian citizenship when he did the work in Rwanda that made him so famous and that made us so proud of him and his integrity. These are very real situations that lost citizens encounter and that we must put an end to today in the interest of justice and fairness.
I have a little time left. I would like to use it to congratulate my friend, Louis‑Philippe Sauvé, who was elected in the riding of LaSalle—Émard—Verdun. I met him about 15 or 20 years ago in the youth wings of the Bloc Québécois and the Parti Québécois. He is a hard-working activist, and he has proven that over the past few weeks by earning the trust of the people of LaSalle—Émard—Verdun. I look forward to welcoming him to the Bloc Québécois benches.
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Mr. Speaker, the Conservatives claim to defend freedom, but when they amended the Citizenship Act, they deprived many Canadians of their rights and their identity as Canadians.
I think that my colleague will agree with me that this is hardly surprising, coming from the Conservatives, and that Bill C-71 is a good way to correct such flaws, as he mentioned in his speech.
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