McCallum promises ‘radical changes’ to Citizenship Act | hilltimes.com

No details yet on the ‘radical changes’ promised but a strong indication of Liberal caucus concerns, which seem primarily around language assessment.

However, Minister McCallum’s mandate letter only had three commitments:

  • Work with the Minister of Justice and the Minister of Public Safety and Emergency Preparedness to repeal provisions in the Citizenship Act that give the government the right to strip citizenship from dual nationals.
  • Eliminate regulations that remove the credit given to international students for half of the time that they spend in Canada and regulations that require new citizens to sign a declaration that they intend to reside in Canada.

But a clear signal of intent to do more.

I find it somewhat amusing that after being critical of some of the changes to citizenship made by the previous government, I now find myself defending them on language assessment:

Immigration Minister John McCallum says the government will be “producing radical changes” to the Citizenship Act in the next few weeks. Liberals have been telling him that the government should eliminate the language requirement for new immigrants to apply for Canadian citizenship, which was brought in by the Conservatives in 2014 as part of the controversial Bill C-24.

Mr. McCallum (Markham-Thornhill, Ont.) told The Hill Times that he’s aware of the concerns and will make an announcement in a few weeks. We’re going to be producing radical changes to the citizenship bill,” Mr. McCallum said. “We’re going to be announcing the details of those changes in just a few weeks.”

Liberal MPs told The Hill Times that although they want new immigrants to acquire proficiency in both or at least one of the two official languages of Canada, it’s also a question of fairness, saying the language requirements disenfranchise new immigrants from their right to take part in the political process.

“It’s a big problem the way the system has been set up under the previous government for language requirements,” said rookie Liberal MP Shaun Chen (Scarborough North, Ont.) whose riding has the highest visible minority population of 90.1 per cent, in the country.

But in some cases MPs said new immigrants fail to achieve the required proficiency for a variety of reasons. For example, some immigrants come to Canada under the family sponsorship program, as parents or grandparents and may not have any knowledge or a limited understanding of English or French. At that age, MPs said, it becomes an uphill battle, for some, to learn a new language. Also, when new immigrants move to Canada, the first priority for them is to provide for their family and take care of the expenses and a significant number take up any odd job to earn a living which can mean they don’t have the time to learn a new language, MPs said.

“Often times, families are sponsoring elders and grandparents at a very elderly age. It’s very challenging and difficult for them to be at such a high proficiency of English or French. To me, it makes sense for us to [adopt a system] that’s more inclusive,” said Mr. Chen. “It’s helpful to families that need to sponsor, for example, grandparents. Those new Canadians play an important role to look after children to be there and to support the family and, absolutely, it’s something that we will need to revisit and look at.”

Canadian citizens have a significant number of advantages over permanent residents, including the ability to work, participating in the political process by voting and running for political office, having a passport that makes it easy to travel internationally, and having the right to get consular support overseas.

….Liberal MPs Darshan Kang (Calgary Skyview, Alta.) and Sukh Dhaliwal (Surrey-Newton, B.C.) also told The Hill Times that they are in favour of eliminating the language proficiency test as a requirement to apply for Canadian citizenship.

“Why don’t we let those individuals who are part and parcel of this economy, that are part and parcel of building Canada, the Canada we all aspire, why should they be denied a right to participate in our democratic process which is the fundamental difference that Canadians have over many other countries that we have come from,” said Mr. Dhaliwal, who came to Canada as an immigrant from India and whose riding has a 70.2 per cent of visible minority population. Mr. Kang’s riding has a 59.6 per cent of visible minority population.

Mr. Griffith, however, said that language proficiency is a critical element of a new immigrant’s integration and success in a new country. He said that he’s in favour of requiring new immigrants to learn English or French but also said that if new immigrants over the age of 54 are not able to learn either of the languages, this requirement should be waived.

“If you don’t learn English or French, depending on where you are, you’re basically hurting yourself. It means you’re not going to be able to integrate properly, you’re not going to be able to help your kids with school work, and everything like that. If you start to waive the language completely, you’re basically not helping people succeed in the society,” said Mr. Griffith.

Source: McCallum promises ‘radical changes’ to Citizenship Act | hilltimes.com

Canadian Bar Association Immigration Law Conference: My Presentation – Citizenship: “Harder to Get, Easier to Lose”

Impact of Citizenship test changes.001I will be presenting this deck on citizenship at the plenary session May 8th. Looking forward to a good discussion with David Manicom of CIC and the audience, moderated by Carter Hoppe.

Citizenship – CBA 8 May 2015 – Final

Not a Canadian citizen? Why you should think about applying now

After the rules change Before the rules change
If you are 14 to 64 years old, you will have to:
  • show language ability in English or French, and
  • prove your knowledge of Canada in English or French
Only if you are 18 to 54 years old do you have to show language ability and knowledge of Canada.
And you may be able to have an interpreter in your own language to help you prove your knowledge of Canada.
You can apply only after you have lived in Canada as a permanent resident for:
  • at least 4 out of the last 6 years, and
  • at least 183 days each year for at least 4 out of the last 6 years
You can apply after you have lived in Canada for 3 out of the last 4 years.
And you may be able to include time that you lived here before becoming a permanent resident.
Only time when you are in Canada will count as living in Canada. Time when you are outside Canadamay still count if your permanent home is here.
You need to file your income tax returns for 4 out of the last 6 years. You do not have to show that you have filed income tax returns.
You must plan to continue living in Canada. If you leave Canada and live somewhere else, the government may be able to take away your Canadian citizenship. You do not have to plan to live in Canada. If you become a Canadian citizen before the rules change, you cannot lose your citizenship only because you live somewhere else in the future.

 Another example of organizations providing advice re the impact of the changes to the Citizenship Act, and why it is important to get applications in before the coming into force next summer.

 Their table above is particularly clear, although their interpretation of the ‘intent to reside’ provision, while supported by most lawyers, differs from Minister Alexander’s clear statements that the provision only applies during the application process, not once one is a citizen:

Not a Canadian citizen? Why you should think about applying now | CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario).

Citizenship Act Coming Into Force Provisions

From CIC’s newsletter, details of which provisions have come into force:

Provisions from Bill C-24 that came into force immediately upon Royal Assent included:

  • fast-tracking citizenship applications for members of the Canadian Armed Forces;
  • improving clarity on the first generation limit on citizenship for those born abroad;
  • enabling children born abroad to serving Crown servants to pass citizenship on to their children born or adopted abroad;
  • and streamlined decision-making for issuing discretionary grants  under section 54.

Provisions in the Strengthening Canadian Citizenship Act that came into force on August 1, 2014, included:

  • the new decision-making model for citizenship applications;
  • various measures to improve efficiency of the application process;
  • and a new judicial review and appeals process.

Other provisions will come into force on a date to be determined by the Governor in Council

E-newsletter.

Residents urged to apply for Canadian citizenship to avoid hurdles on horizon

Nicholas Keung’s story on the coming-into-force provisions of C-24 Citizenship Act, and some concrete stories about some who will be affected:

When Ottawa enacted the new law in June, many, including frontline immigrant settlement workers, assumed it would take effect immediately and that little could be done to beat its more restrictive criteria.

In fact, some of the most controversial changes — requiring citizenship applicants to be present in Canada for four years out of six rather than three years out of four, and raising the age of exemption from language and citizenship tests to 65, from 55 — won’t come into force until next June, immigration officials confirmed to the Star.

“We want to tell people it’s not too late, and they should take advantage of the old rules,” said Ann McRae, executive director of the Rexdale legal clinic, a member of the Inter-Clinic Immigration Working Group.

At the South Asian Legal Clinic of Ontario, staff have reached out to community groups to deliver workshops and help clients file citizenship applications.

“All the changes were rushed through so quickly that people are confused,” said clinic lawyer Karin Baqi. “Those who are eligible today may not be eligible tomorrow. We have to get the word out.”

Remon Kirkor came here from Iraq with his wife and three daughters in 2007. The family met the three-year residence requirement in 2010. Yet, Kirkor, 44, hasn’t applied for citizenship, because he knows that as a high school dropout he would have a tough time passing the language test or the citizenship knowledge exam offered only in English and French.

“I work 20 hours a day to support my family. By day, I am a window installer. At night, I work as a dishwasher,” Kirkor, a former truck driver for UNICEF, said through his daughter, Mariam. “I have no time to sleep. I have no time to study English.”

Residents urged to apply for Canadian citizenship to avoid hurdles on horizon | Toronto Star.

Strengthening Citizenship, Speeding Up Processing – Canada News Centre

Bit of a puff piece as no hard numbers (not that the improvements are not happening, but the Government appears to have an aversion to releasing numbers on a timely basis):

It is expected that in 2015/16 the processing time for citizenship applications will be less than a year. It is also projected that the current backlog of applications will be reduced by more than 80 percent.

Changes to Citizenship Act now in effect:

In addition to the new streamlined decision making model, the government has today implemented a range of legislative amendments to further strengthen Canada’s citizenship program. These amendments relate to authorities to refuse incomplete applications and a uniform system for judicial review of citizenship decisions are also now in effect.

These changes were part of Bill C-24, the Strengthening Canadian Citizenship Act, which received Royal Assent on June 19, 2014. These improvements are in addition to funding in Economic Action Plan 2013 of an additional $44 million over two years to the citizenship program to ensure the timely processing of applications.

Quick facts

  • Canada has the highest rate of naturalization in the world—85 per cent of eligible permanent residents become citizens.

  • Since 2006, Canada has welcomed over 1,300,000 proud new Canadians.

  • Citizenship and Immigration Canada received 333,860 citizenship applications in 2013, the highest volume ever and a strong reminder of the value of being a Canadian citizen.

Strengthening Citizenship, Speeding Up Processing – Canada News Centre.

C-24 – Ottawa gives itself new powers to share personal information

Funny, I don’t recall this being mentioned in any of the government communications material:

The powers are included in Bill C-24, an overhaul of citizenship law passed last month, though have drawn little attention. The changes amend the Citizenship Act to allow Stephen Harper’s cabinet to draft regulations “providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs,” including under international deals struck by Citizenship and Immigration Minister Chris Alexander.

Cabinet will also now be permitted to allow the “disclosure of information to verify the citizenship status or identity of any person” to enforce any Canadian law “or law of another country.”

Ottawa contends the final regulations are still being developed and will comply with Canadian law. However, critics warn the changes could lead to Canada sharing citizenship and immigration details with foreign countries, whether verified or not, without oversight.

“This language gives them another legal basis for sharing information,” said immigration lawyer Lorne Waldman, who represented Maher Arar at a federal commission of inquiry a decade ago.

Mr. Waldman said the perils of unfettered information sharing are illustrated by that case. Mr. Arar, a Canadian of Syrian heritage, was jailed and tortured in his homeland, after RCMP wrongly flagged him as a terrorism suspect.

“Go back to Maher Arar,” said Mr. Waldman. “Sharing information is fine, but when you share information, make sure that the information sharing is accurate.”

But consistent with the Government’s approach to C-13 (cyber-bullying and surveillance).

Ottawa gives itself new powers to share personal information – The Globe and Mail.

Canada’s new vision of citizenship: a privilege in two classes | The Migrationist

Louisa Taylor on the new Citizenship Act, starting off with a reminder just how moving citizenship ceremonies are to all who attend, criticizing the fundamental change in philosophy in differential treatment for single and dual nationals, and lamenting the lack of public debate.

Once we have a number of court cases and decisions, expect debate will pick up as the recent refugee claimant healthcare ruling illustrates:

There was no shortage of informed critique of the legislation, but the issue failed to catch fire with the general public. One migration advocate said privately last week she and her allies were shocked that the issue failed to move Canadians. It affected each one of us, after all, and a national survey in 2012 found that most of us – naturalized and citizens by birth alike – felt existing citizenship provisions were good enough. But to become bigger, the issue would have had to resonate not just with the quarter of Canadians who were born outside the country, but with the so-called “Canadian mainstream” of citizens by birth – exactly the people most likely to rarely think about citizenship at all.

The law will be in force soon, but the bitter aftertaste remains. Thousands more new Canadians will swear loyalty to the Queen this year, knowing – for better or for worse – their new home has put clear boundaries on their citizenship. Is that how we build a stronger sense of belonging?

Canada’s new vision of citizenship: a privilege in two classes | The Migrationist.

ICYMI: Immigration experts say Bill C-24 discriminatory and weakens citizenship

Star overview on the impact of the changes in C-24 Citizenship Act changes from the perspective of the major critics of C-24. Would have been better to include some of the supporters as well for balance (e.g., Collacott, Saperia, Siddiqui):

He [Alexander] seems to relish the idea of rewriting what it is to be Canadian and to hold citizenship. “If there was a time when new Canadians made the mistake that we only had a peacekeeping tradition or our rights and freedoms began with the Charter, then I’m glad our reforms are broadening their perspective.”

Neither he nor the Conservative Party seem worried about the ongoing debate Bill C-24 has triggered across the nation. “This act reminds us where we come from and why citizenship has value,” said the minister. “When we take on the obligations of citizens we’re following in the footsteps of millions of people who came here and made outstanding contributions over centuries. And we are celebrating that diversity, solidifying the order and rule of law we have here; we’re committing ourselves to participate as citizens in the life of a very vibrant democracy.”

Immigration experts say Bill C-24 discriminatory and weakens citizenship | Toronto Star.

Bill C-24 is wrong: There is only one kind of Canadian citizen – Globe Editorial

Globe’s Canada Day editorial:

Citizenship and Immigration Minister Chris Alexander has defended his bill by arguing citizenship is a privilege, not a right. He is wrong. It may come with responsibilities, but it is a right. And once legitimately acquired, by birth or naturalization, it cannot be taken away. Bill C-24 gives the government the kind of sweeping power that is common in dictatorships, not in a democracy built upon the rule of law, where all citizens are equal. The changes to the Citizenship Act erode those basic principles, creating a two-tier citizenship that dilutes what it means to be Canadian.

Bill C-24 is wrong: There is only one kind of Canadian citizen – The Globe and Mail.

Rick Salutin in the Star:

Why did they do it? Here’s my guess: It’s not enough for them to merely run Canada. They want to define it, and they don’t want any backchat. Some people need to be right, not just powerful. So they’ve turned citizenship into a privilege, not a right, and since someone has to grant a privilege, it’ll be them.

But here’s my biggest problem. I don’t think loyalty — in any particular version — should have a thing to do with citizenship. The democratic core of citizenship is you get to challenge the values of the moment and can’t be shut up. It’s a license to disagree and debate which direction your nation takes, no matter what the majority thinks. Is that unpatriotic? It depends on how you see things. For many patriots, not going along has been the essence of patriotism. I’d say put people in jail for life if you insist — but don’t touch their citizenship.

Hello, you must be going: government waters down Canadian citizenship: Salutin