44th Parl. 1st Sess.
September 17, 2024 10:00AM
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or believed they were Canadian citizens but who lost or never acquired citizenship due to certain provisions in our outdated and confusing citizenship legislation.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 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, 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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