Senate Hearings on C-6: Minister Hussen and Witnesses March 1

2017/03/02 Leave a comment

Summary: Senate committee hearings on Bill C-6 finished March 1 with the last set of witnesses, including Minister Hussen and officials, with the clause-by-clause review taking place this morning. The Minister was challenged particularly on the lack of procedural protections in the cases of revocation for fraud or misrepresentation. While he stated his general willingness to consider improvements, the overall tenor of his responses and those of his officials was to defend the current process. Conservative senators questioned the rational for the elimination of knowledge and language assessment for 55-64 year olds, probed the protections of the current revocation process for misrepresentation and expressed their disagreement with the repeal of revocation in cases of treason or terror. Senator Eggleton, just as he had during C-24, expressed his concern over the impact of the increase in citizenship fees, with the Minister and officials defending the increase and arguing it did not cause the decline.

The clause-by-clause review this morning may see a number of observations (greater flexibility for those applicants who have difficulty in knowledge or language assessment, the impact of citizenship fees). An amendment to improve procedural protections is expected to be introduced at third reading.

External witnesses

Robert Watt, a former Vancouver-based citizenship judge 2009-15 focussed his remarks on his experience in reviewing thousands of applications. While the majority clearly demonstrated the desire to stay and contribute, a basic competence in language and understanding of Canada, a small number had a more instrumental interest in having a Canadian passport and the benefits of medicare and tax credits, or being “citizens of convenience. He believed strongly that the intent to reside should remain given the clear signal it sends that a new citizen should centre her of his life in Canada; that the current residency requirements of four to six years should not be reduced and the need for the department to have “robust audit procedures” to check the validity of third-party language assessment.

Lorne Waldman of CARL, and Josh Patterson of BCCLA spoke on to restore procedural protections for revocation in cases of fraud and misrepresentation, either reverting to the previous access to the Federal Court or some other procedure that involved the right to a hearing, the right to disclosure, an independent decision-maker and reversion to permanent residence status rather than foreign national.moan independent

Main questions

Revocation for fraud or misrepresentation and procedural protections: Most of the time was taken up by this issue, with questions and witnesses noting the contrast between the solid procedural protections for permanent residency misrepresentation and refugee determination and the limited protections for citizenship misrepresentation. Patterson and Waldman repeatedly noted the dubious constitutionality of the provision. In terms of which option was preferred, they noted their preference for an expansion of the IRB to handle such cases, given their experience and expertise. However, as there was no reference to a possible IRB role, that was beyond the scope of what could be considered and thus some variant of a process providing an oral hearing before the Federal Court was provided. There was relatively low risk of cases being appealed beyond the Federal Court level. A number of examples were cited highlighting the limitations of the C-24 approach.

Smart Permanent Resident Cards to track entry and exit (raised by Julie Taub in last set of hearings): Watt noted that pending technological developments, applicants should present their travel documents to CBSA (but was unclear how that would work). Waldman noted that unlike the EU, Canada does not control on leaving the country. This would be a significant change and would be expensive to implement. While it would work for airports, it would not be practical for land crossings given the resulting delays.

Fees: Senator Eggleton continued to press on fees, noting the dramatic increase in fees and that applications had taken a “real nose dive,” noting the points made in my brief (https://sencanada.ca/content/sen/committee/421/SOCI/Briefs/C-6_A_Griffith_e.pdf). He noted that the press on full cost recovery did not take into account that those applying for citizenship were taxpayers too, and they would be contributing for many years. Waldman confirmed the impact on immigrants, that the costs to families, including external language assessment, was in the $1,000s and that the government had to look at costs as a barrier if Canada wants to encourage people to become part of the fabric of society. Watt noted the fee increases came near the end of his term but he had seen instances of individuals and families struggling even with the previous fees, and a “good case” can be made to balance accessibility and cost recovery.

Language proficiency and age requirement: Watt was probed further on what he meant by the need for a robust audit on whether or not language requirements were met. He responded by noting the wide range of organizations offering assessment services and that random audits were needed to ensure that the level had been attained. He noted that some applicants may lose proficiency in the period between getting assessed and becoming citizens (but also noted that the reverse could occur). Patterson noted there was no issue with respect to 14-17 year olds as they would learn in schools or the workforce. For 55-64 year olds, economic class immigrants already would have met language requirements, and the issue was with respect to family class, particularly parents and grandparents. He referred to Avvy Go’s earlier testimony regarding the barriers faced by low-income immigrants and refugees and believe a better approach was increased resources for language training.

Residency requirements: Watt was challenged whether one more year or less made a difference in terms of integration. He responded by noted the importance that the clarity that residency meant physical presence provided given previous Federal Court jurisprudence. He never saw any evidence from IRCC that an additional year would be burdensome and did not believe it was. Waldman confirmed the helpfulness of the physical residency definition but noted that the change to three out of five years was particularly helpful to refugees as they had no other citizenship. The restoring of part-time credit for time spent in Canada prior to becoming a Permanent Resident was also a welcome improvement.

Minister Hussen and officials

Minister Hussen opened by noting that the previous government’s changes had created barriers to citizenship. C-6 would repeal some of the changes and facilitate citizenship, and send a clear signal of Canadian inclusivity, fairness and diversity (“diversity is our strength”). C-6 was part of implementing the Speech from the Throne commitment to make it easier for immigrants to participate.

Repeal of the national interest revocation provision (terror treason) was to ensure that Canadians, whether single, dual or multiple nationality were treated equally and the government did not support treating people differently, noting the positions of organizations such as the CBA and CCR along with focus groups “much troubled” by this distinction. Those convicted of terrorism or treason will face the Canadian justice system and will “go to jail for a long time.” Revocation for fraud or misrepresentation was different.

Other measures in C-6 removed barriers. Repeal of the intent to reside provision would reassure citizens that they were not at risk of losing citizenship. Physical presence was maintained but citizenship could be attained one year earlier. Providing part-time credit for pre-permanent residency time provided greater flexibility for those such as international students who had “started building connections.” The return to the previous 18-54 age requirements for testing recognized that 14-17 year olds would meet these through the school system while easing the burden for55-64 year olds.

He also reiterated the government’s commitment to program integrity, noting the provision that would allow the government to seize fraudulent documents.

Main questions

Revocation for fraud or misrepresentation and procedural protections: As in the previous session, the absence of procedural protections was the main focus. Minister was repeatedly challenged along the earlier testimony by legal experts, and was reminded that his predecessor had indicated he would welcome an amendment in this regard. The Minister repeatedly stated that he believed that the present process has safeguards and is sound, but he was open to proposals that would improve protections.

A number of questions served to clarify the steps in the process and the criteria used by officials to assess whether revocation was warranted. Factors included: age of applicant, extent of ties to Canada, whether they were primarily living in Canada or not, and the health of an individual. The process was completely delegated to officials.

Some questions concerned the assertions of CARL/BCCLA:

  • no right to disclosure: unanswered by Minister unless I missed it
  • no H&C consideration: Minister replied party can provide under personal considerations
  • no right to counsel: Minister replied absolute right to counsel (in preparation of documents)
  • no right to appeal: Minister said not correct (seek leave which is not the same thing)

Minister resorted at one point by noting that C-6 only dealt with some issues – dual national revocation and removing barriers – and that the appeal mechanism was “not central” to C-6. He was, however, “committed” to procedural fairness.

Officials confirmed that the majority of cases pertained to residency, with other cases related to identity or not disclosing criminality.

Revocation (terror or treason): Conservative senators challenged Minister on the rational to repeal the revocation provisions of C-24 and he reiterated the equal treatment arguments. He confirmed that the one person whose citizenship which had been revoked under the C-24 provision would have his citizenship reinstated.

Fees: Senator Eggleton raised the same questions as before. Minister replied that the drop was more attributable to the barriers contained within C-24, primarily the longer residency requirements. Fees were much lower than many countries, citing the USA and UK (comment: correct, but not mentioning Australia and NZ which are lower). Officials reiterated the direct correlation between the extended residency requirement, noting the sharp drop after June 2015 when the four-year minimum came into effect.

Comment: The one-year transition effect ended in June 2016. The final 2016 numbers, due out any day now, will confirm a sharp decline. The July-September numbers – the first quarter after this transition period – do show an increase (from 11,970 to 20,329) but one far short of the historical number of applications (about 200,000 per year or 50,000 per quarter). Hence fees matter!

Language proficiency and age requirement: In response to questions regarding the number of applicants 55-64, officials provided some useful data. 7.7 percent of all applicants were in this age category (not clear which year – I have a pending request for this data). Officials noted that the numbers of this age group had dropped from 15,243 last year to 2,317  (believe it referred to mid-year comparisons 2016 to 2015), with total applications of 67,000 (not clear which period she was referring to). Minister indicated his confidence in language assessment process.

Officials noted that applications were not accepted if the applicant had little or no language. Settlement programs provided language training and applications would be accepted following successful completion. Officials also noted the various steps to ensure the integrity of the citizenship test. On the citizenship study guide, officials confirmed that the current guide was written higher than CLB-4 (the formal requirement) and that it would be re-written to be more aligned to the requirement: not to “simplify but in clearer language.”  Officials were also looking at including more language on Indigenous peoples, given TRC recommendation number 93.

Minister reiterated that it was important for 55-64 year olds to obtain citizenship, that it contributed further to their integration and they contributed to Canadian society (e.g., providing child care) and this restored what “has worked in Canada for more than 40 years.”

Integrity: In addition to points in opening remarks, Minister noted that the department had agreed with all recommendations in the OAG audit of the citizenship program, with all either acted or being acted upon.

Only media coverage I have seen is in the National Post (Immigration minister defends legislation that prevents convicted dual nationals from losing citizenship), largely unbalanced as it focuses mainly on the testimony of one witness, Julie Taub, and her critique of C-6)

 

Filed under C-6, Citizenship Tagged with , , ,

“What do you think of Bill C-33 and how do you think it will improve Canadian elections?” 

2017/02/28 Leave a comment

Interesting that neither any of the party spokespeople (“What do you think of Bill C-33 and how do you think it will improve Canadian elections?”) or the Minister (‘My job is to strengthen and safeguard the pillars of Canada’s democracy’: Gould) mention the provision to expand expatriate voting without restriction.

Confirms that this is boutique issue and not one of the selling points of the bill (see earlier piece by Rob Vineberg and me: Canadian expats shouldn’t have unlimited voting rights.

(all articles paywall protected)

Filed under C-33, Citizenship Tagged with

Canadian citizenship must be a constitutional right: Chapman misses the mark

2017/02/27 9 Comments

While I have a great deal of respect for Don Chapman and other advocates who successfully pushed the previous government to address the issue of “lost Canadians” in C-37 (2009) and C-24 (2014), I find his latest op-ed misses the mark, arguing for opening up the constitution to add citizenship as a right in the Constitution.

Apart from the fact that no government in their right mind would open up the Constitution given the divisive process that would result (been there, done that!), their column makes assertions about numbers (“many”) without any real serious look at the data.

The data we have primarily consists of the demand for citizenship proofs. The 2009 and 2014 changes to the Citizenship Act addressed the majority of the potential cases; however, the number of annual proofs did not change significantly, suggesting less demand than Chapman and other advocates claimed.

citizenship-proofs-2010-15

That is not to say that some cases remain, but that they are best dealt with individually through consideration for a discretionary grant of citizenship (s 5(4) of the Act).

Moreover, as one of my former colleagues noted:

mark-on-chapman

Chapman also engages in fear mongering with respect to Canadian dual nationals living in the US being forced to renounce their US citizenship in order to avoid potential revocation in cases of acts of terrorism or treason. C-6, currently in the Senate, will repeal this provision and thus address the major Charter violation that treats dual nationals separately from “mono-nationals”:

The practical implication is that the more than 100,000 Canadian casualties from the First and Second World Wars never lived to become citizens, and many of their children have spent decades fighting for their right to citizenship, denied them simply because their fathers did not survive the war. The hallmark of former minister of citizenship and immigration Jason Kenney was the consistency with which he denied these applicants. Although many of these Canadians eventually regained their citizenship through parliamentary victories, too many died as they were simply waited out by Ottawa.

Particularly heinous is the untold number of Indigenous Canadians that are currently stateless because their parents never registered their births, rightfully fearing their children would be sent to a residential school. Now adults, these Canadians have no rights or benefits. They are citizens of nowhere, unable to legally work, marry, attend school, buy a home, get a loan, drive a car or even take a bus, train or plane without identification. They are ghosts in their own land, forced to live in the shadows.

Even recent amendments that reinstated citizenship to some have left many others stateless, and did nothing to prevent that reinstated status from being stripped in the future.

Former prime minister Stephen Harper’s policies further complicated citizenship rights, making second-class citizens of anyone with dual-citizenship status. With the current political turmoil in the United States, thousands of these dual citizens – especially targeted professionals such as journalists and human-rights workers – now face the painful option of renouncing their U.S. citizenship, fearing their second-class status in Canada could, on a whim from our leadership, force them to live in Mr. Trump’s United States.

Our national identity has no foundation if we have no inherent rights, and Mr. Trump’s idle threats against his own people prove how urgent it is to give serious thought to our Canadian citizenship – what it actually is, how we get it and how it’s lost.

As we approach our 150th birthday, this is the perfect time to focus on defining and protecting our identity. It is time to make citizenship a constitutional right. Pierre Trudeau gave us the Charter of Rights and Freedoms. Wouldn’t it be fitting for the Prime Minister to take the final step to true nationhood: an inviolable, constitutional right of citizenship.

Source: Canadian citizenship must be a constitutional right – The Globe and Mail

Filed under C-24, C-6, Citizenship, Revocation Tagged with ,

High fees blamed for sharp decrease in Canadian citizenship applications | Toronto Star

2017/02/25 1 Comment

Another article on the impact of the increase on citizenship fees, just before Minister Hussen testifies before the Senate committee studying the bill:

The number of immigrants applying for citizenship has plunged by a whopping 50 per cent at the same time as Ottawa has stripped a record number of Canadians of their citizenship.

According to the latest data from the Immigration Department, only 56,446 new citizenship applications were received in the first nine months of last year, a sharp decline from the 111,993 during the same period in 2015.

The number of new citizens approved also dropped by 48 per cent from 198,119 to 111,435 over the same period, said Andrew Griffith, a retired director general of the department who obtained the data.

While the tightened language proficiency and longer residency requirements have contributed to the decline, the steep increase in citizenship application fees under the former Conservative government is a key factor, Griffith said.

The processing fee was raised from $100 to $300 in February 2015 and again to $530 later that year, with an additional $100 right-of-citizenship fee required once the application is approved. Historically, citizenship applications have averaged close to 200,000 per year.

“The fee hike is a huge part. When you increase the price, you are not going to be able to afford it,” noted Griffith, a fellow at the Canadian Global Affairs Institute. “The fee is a significant barrier. If you are a professional, you can pay it with no problem. But if you are low-income, it becomes a burden.”

The federal Liberals have tabled Bill C-6 to amend the Citizenship Act, which would make citizenship less restrictive by reducing the residency requirement to three out of four years from four out of six and limiting the language and knowledge tests to applicants aged 18-54, instead of 14-64. However, there is no mention of a fee reduction in the bill.

Toronto lawyer Avvy Go, who spoke at Senate hearings into the bill, said the fees are a problem for the low-income households she serves at the Metro Toronto Chinese & Southeast Asian Legal Clinic.

The legal clinic organized a number of workshops in 2015 to urge eligible immigrants to apply for citizenship before the changes by the Tory government came into effect. Many attendees to the workshops said they were not able to afford the fees, Go told the Star.

“When you look at who the poor are, they are people from racialized communities, women and the disabled, who are bearing the consequences. You are going to further disenfranchise the vulnerable,” said Go.

“Many of my clients work long hours in restaurants and are paid minimum wages. They have to choose between putting food on the table and applying for citizenship. Many have no choice but choose to put food on the table first.”

Source: High fees blamed for sharp decrease in Canadian citizenship applications | Toronto Star

Filed under C-6, Citizenship Tagged with , ,

Senate Hearings on C-6: Witnesses February 15-16

2017/02/17 3 Comments

The Senate’ Social Affairs, Science and Technology (SOCI) committee started hearings this week on Bill C-6 repeal and other changes to the previous government’s C-24 legislation that made citizenship “harder to get and easier to lose”

Witnesses reflected a balance of views on the proposed changes with few surprises compared to the House Citizenship and Immigration Committee hearings last year, or for that matter, much of the discussion around C-24 in 2014.

The changed composition of the Senate compared to the 2014 C-24 review (more non-affiliated senators, Trudeau appointments) was reflected in the selection of witnesses and questions.

As expected, discussion focussed on the main elements of C-6:

Revocation (terror or treason): Witnesses from the CBA, Quebec Bar, Audrey Macklin, and Craig Forcese all supported repeal of this provision, Reis Paghtakan opposed its repeal but only for terrorist convictions in Canada, and CIJA and Julie Taub opposed its repeal in all cases. Questioning by Senators included the legal and constitutional aspects of revocation, whether or not this acted as a deterrent, and the possible impact this could have with respect to war crimes.   There was a useful discussion on the difference between revocation for misrepresentation and for crimes of terror or treason; the former pertaining to crimes committed before being granted citizenship, where misrepresentation was the issue, and crimes committed after being granted citizenship, where the issue was whether the criminal system was sufficient to handle such cases or a supplementary punishment through revocation was warranted. Needless to say, the issue of differential treatment for dual nationals and Charter rights was raised repeatedly. Forcese and Macklin noted the negative impact such differential treatment had with respect to integration and countering violent extremism.

Revocation (misrepresentation): While not part of C-6, the absence of procedural protections – paper process, no right to a hearing, no right to an appeal – was raised repeatedly with virtually all witnesses indicating this remained an issue. Most favoured a return to the previous system of appeals to the Federal Court. Taub, however, emphasized how easy it was to commit residency fraud and misrepresentation, the need for smart Permanent Resident cards to track entry and exit, but did not comment on the need or not for protections. CIJA acknowledged the need for some procedural protections but wanted to ensure that these did result in endless appeals as happened in the Oberlander case.

Language and knowledge assessment: All agreed language was important to integration. No witnesses disagreed with the proposed removal of language and knowledge testing for 14-17 year olds. Metro Toronto Chinese & Southeast Asian Legal Clinic (MTCSALC) noted time, money and educational challenges for their low-income and refugee clientele, the need for expanded language training and related supports such as child care and income support and greater flexibility to waive requirements on humanitarian and compassionate grounds. The cost of language assessment was also mentioned. CBA noted that writing the knowledge test in english or french imposed a double requirement and they would have been happy with keeping the testing requirement for 55-64 year olds but with the flexibility to do the test with an interpreter.

The most interesting recommendation was from Paghtakan, where he continues to advocate for scrapping language assessment as is a pre-requisite for economic class immigrants for permanent residency status. Duplication meant more expense to the government and more costs to immigrants. Most family class immigrants are parents and grandparents who would thus be exempt given the proposed change in age requirements while refugees could wait until they attain 55.

Chair noted earlier work by committee that showed 55-64 year olds formed about one-third of the active workforce.

Residency: Taub questioned the change in residency from four out of six years to three out of five, arguing that it was more generous than other countries and that this and other measures would increase the number of citizens of convenience. Paghtakan, while he had supported the four of six requirement of C-24, had no issue with the change to three of five given the maintenance of physical presence. The strength of Taub’s intervention on residency-related questions prompted Senator Petitclerc why all Taub’s points were so negative without mentioning the positive benefits of citizens contributing abroad. Taub cited citizens who install their family and return to the Gulf or Hong Kong where they can make more money and not pay Canadian income tax.

Intent to reside: Only Taub supported maintaining the intent to reside provision given its symbolic importance. The other lawyers testifying noted that situations can change following applying for citizenship and the consequent risk of misrepresentation cases and thus supported its repeal.

Pre-Permanent Residency time partial credit: Again, only Taub opposed restoring this pre-C-24 provision for Temporary Foreign Workers and international students, stating that this facilitated citizens of convenience.

Other issues

Oath: Paghtakan endorsed the TRC recommendation to amend the citizenship oath by adding the words “including Treaties with Indigenous Peoples” to assist new Canadians appreciate and understand this aspect of Canadian history and society.

Parental passing citizenship to children with no genetic link (in vitro): Quebec Bar raised gap in current legislation which based parental status on the genetic link (save for adoptions) rather than the relationship as in case of in vitro children.

Religious accommodation language testing: CIJA noted that many language testing centres only provided this service on Saturday (Sabbath), with extensive delays in accommodation.

Smart permanent resident card (chip or magnetic strip): Taub argued strongly that the PR card should be a smart card like any gym card that would allow tracking of entry and exit and make it easier for applicants to prove they met the residency requirements without having to search through documentation. (Comment: sounds good in theory but not a simple change, compounded by government challenges in managing complex IT projects as seen with Phoenix and Shared Services Canada.)

Fees: MTCSALC noted that the increase in citizenship processing fees from $100 to $530 made it prohibitive for many low income and refugee immigrants. The recent CBC article on the impact of citizenship fees on the number of applications was cited by Senator Eggleton. Taub argued that reduction was not just related to the increase of fees, that other factors — change in residency requirements, language testing — were also factors. She supported full cost recovery but with subsidies for low-income applicants.

Filed under C-6, Citizenship Tagged with , , , , , , ,

Canadian expats shouldn’t have unlimited voting rights – Bill C-33 critique

2017/02/16 6 Comments

Rob Vineberg, former regional director general for the Prairies and the North at CIC (now IRCC) and I penned this op-ed against the proposed indefinite extension of expat voting rights in C-33 (we will be submitting a brief once the Bill goes to Committee).
This has generating the most comments of any of my articles, virtually all from Canadian expats who disagree with us on Twitter. Useful input as we finalize our brief to the Commons committee that will study the Bill (PROC).
As behind a paywall, full text below:

Democratic Institutions Minister Karina Gould is in charge of shepherding Bill C-33, currently at second reading, through the House.  The Hill Times photograph by Jake Wright

 By ANDREW GRIFFITH, ROBERT VINEBERG

PUBLISHED : Wednesday, Feb. 15, 2017 12:00 AM

In responding to the Supreme Court challenge of the five-year limit of voting rights, the government has proposed in Bill C-33 to extend voting rights indefinitely to Canadians living abroad, no matter how short their residence in Canada.

This is more generous than the standard comparator countries of Australia and New Zealand, which require a formal renewable declaration or visits (six and three years respectively), the United Kingdom, which has a 15-year limit, and the United States, which requires filing of taxes.

In essence, any citizen who left Canada as a baby or small child would have unlimited voting rights. As such, the proposal disconnects voting from any experience living in Canada, being subject to Canadian laws, accessing Canadian public services, as well as paying Canadian taxes, and thus devalues the votes of Canadians who do reside in Canada and are subject to these day-to-day realities of Canadian life.

To date, the government has not articulated why it chose this unlimited approach, apart from resorting to the phrase “a Canadian is a Canadian is a Canadian,” without acknowledging that this argument was made in the limited context of revocation of citizenship in cases of terrorism, and the need to treat Canadian-born and naturalized Canadians equally before the law.

Advocates of expanding voting rights over the current five years have argued that Canadians living abroad contribute to Canada and the world, and many retain an active connection with Canada, whether it is business, social, cultural, political, or academic. These Canadians’ global connections should be valued as an asset. The internet and social media make it easier for Canadians to remain in touch with Canada and Canadian issues. Non-resident Canadians pay income tax on their Canadian income and property tax on any property they may own in Canada. Their vote is unlikely to affect the overall electoral results.

This is argued using a general estimate of over one million expatriates, without any assessment of the degree of connection that expatriates have with Canada. However, using government data, we know that the number of expatriates holding valid Canadian passports is approximately 630,000 adult Canadians who have lived abroad for five years or more. We also know that the number of non-resident Canadian tax returns, a deeper measure of connection, was about 140,000 in 2013 (the last year for which information is available). And while hard to assess the potential interest of long-term Canadian expatriates in voting, the data for those who qualify under the current rules suggest there is not widespread demand.

While one of us (Griffith) believes in a more restrictive approach and one us (Vineberg) believes in a more flexible approach, we recognize the government is committed to expand voting rights. We see three main options:

  1. Double the current limit to 10 years: This would align with two parliaments as well as passport validity. While it would not address the concerns of all expatriates, it would expand voting rights.
  2. Provide unlimited voting rights to expatriates who have lived 25 years or more in Canada: This recognizes the long-term connection and experience with Canadian life as well as the concerns of expatriate seniors who have contributed to the Canada Pension Plan and receive CPP and Old Age Security benefits.
  3. Modify the proposed approach with a minimum residency requirement of three years: This ensures a minimal connection to Canada, aligned to citizenship requirements, with only a valid Canadian passport being acceptable evidence of citizenship. However, this modified version of the provision in Bill C-33 does not fundamentally change our objection to again essentially unlimited voting rights.

In the latter options, this should be combined with the creation of two overseas constituencies to recognize that expatriate interests are different from resident Canadians and address any concerns that the expatriate vote could influence the results in particular ridings.

Notwithstanding what approach is chosen, administrative simplicity based on the current Elections Canada process should be maintained. Elections Canada should also be required to conduct an evaluation of the impact of any such change following the next election.

The government does not appear to have thought through the implications and options regarding expanding voting rights and appears to have listened only to advocates for expansion rather than a broader range of Canadians. We favour a combination of the first two options and hope that parliamentary review of Bill C-33 will result in changes that respect a balance between expanded expatriate voting rights and the interests of resident Canadians.

Source: Canadian expats shouldn’t have unlimited voting rights – The Hill Times – The Hill Times

Filed under C-33, Citizenship Tagged with , , ,

Australian Senator proposes a tough new citizenship test | Starts at 60

2017/02/15 Leave a comment

For those advocating values vetting such as CPC leadership contender Kellie Leitch, this example of an Australian Senator’s idea of what should be asked is revealing.

And perhaps those proposing values vetting might consider what their questions would be, not to mention the broader question is whether this is needed or implementable:

At the moment the citizenship test consists of questions about Australia’s government and justice systems.

But many politicians and other commentators have argued the test is too easy and want it to focus on more people’s ability to integrate into society.

It’s a plan that has been discussed by many politicians including Immigration Minister Peter Dutton and One Nation senator Pauline Hanson, and now Liberal Democrats senator David Leyonhjelm is weighing into the debate.

He’s proposing a new citizenship test with questions that focus more on people’s beliefs than their knowledge of Australia.

Senator Leyonhjelm told NewsCorp he believed there needed to be “extreme vetting” of applicants for citizenship.

“It is only citizens who elect our government and determine what kind of society we create,” he said.

“We should therefore only grant citizenship, and the rights that come with it, to those who have contributed to and assimilated into our society, and who share our values.”

He’s provided a list of his questions, which have been published by NewsCorp and they’re getting plenty of attention.

The questions are:

1. Should there be a law banning slavery?

2. Should tax obligations differ depending on a person’s religion?

3. Should there be a law banning female circumcision?

4. Should there be a law banning women from:

– voting?

– being elected to government?

– driving?

– showing her head hair, arms or legs in public?

5. Should there be a law banning a husband from:

– hitting his wife?

– having sex with his wife without the wife’s consent?

6. Should there be a law banning a wife from:

– leaving the home against the wishes of the husband?

– driving against the wishes of the husband?

– showing her head hair, arms or legs in public against the wishes of the husband?

7. Should there be a law banning adults from:

– drinking alcohol?

– gambling?

– having sex with a child?

– having sex outside marriage?

– holding hands or kissing someone of the same sex in public?

– homosexual acts and relationships?

– owning or viewing pornography?

8. Should there be a law banning children being married?

9. Should there be a law banning a person from refusing to marry according to a parent’s instruction?

10. Should there be a law banning divorce?

11. Where a mother and father of a child are not married, should there be a law granting custody to the father?

12. Should there be a law giving preference to men over women regarding the receipt of inheritances?

13. Should there be a law banning the schooling of boys and girls in the same class room?

14. Should there be a law banning:

– the charging of interest on loans?

– people abandoning their religion?

– blasphemy?

15. Should the punishment for killing be reduced if the killer says it was done for family honour?

So, how do you know what the right answers are?

Well, Leyonhjelm provided NewsCorp with those too.

1. Yes

2. No

3. Yes

4. No

5. Yes

6. No

7. No, except for 7(iii) Yes

8. Yes

9. No

10. No

11. No

12. No

13. No

14. No

15. No

Controversially, he is also arguing that only those who pass the test should be given welfare.

But his citizenship test and comments about welfare have been slammed by some.

Australian Council of Social Services CEO Dr Cassandra Goldie told NewsCorp that Senator Leyonhjelm’s proposal would “take us back to 1909”.

“Australia has the most targeted system of income support in the world and there are already strict rules around eligibility for payments,” she said.

“This proposal would take us back to 1909 when people had to show they were of ‘good character’ to get a pension and automatically exclude large numbers of people from social security and throw them into destitution.”

Source: Senator proposes a tough new citizenship test | Starts at 60

Filed under Citizenship Tagged with , , ,

Canadian citizenship applications decline after processing fees triple

2017/02/14 Leave a comment

citizenship-metropolis-2017-017

Citizenship Country Comparisons

Article based in part on my brief, C-6 Senate Hearings: Expected Impact on the Naturalization Rate.

The IRCC comment that the government has no plan to reduce fees is notable and surprising, given its diversity and inclusion agenda and expanded Immigration levels.

Equally notable that the IRCC spokesperson is incorrect on the level of Australia’s citizenship fee, our most appropriate comparator country (above comparison chart). He also cites that the increase in citizenship fees was not raised in recent consultations on immigration levels despite there being no questions in the consultation document on citizenship (IRCC Discussion guide on immigration: What about citizenship?):

A sharp fee increase has helped fuel a dramatic drop in the number of immigrants applying to become Canadian citizens, according to immigration advocates.

In the first nine months of 2016, there were 56,446 applications filed for citizenship, a decrease of nearly 50 per cent from the same period a year earlier, when 111,993 applications were submitted.

The figures are included in a briefing by former Immigration and Citizenship director general Andrew Griffith prepared for the Senate social affairs, science and technology committee, which begins hearings this week on Bill C-6, a law to amend the Citizenship Act.

Griffith, an author on immigration issues and fellow at the Canadian Global Affairs Institute, calls it an “alarming” trend that can be linked directly to a steep increase in fees.

The processing fee jumped from $100 to $530 in 2014-2015, which amounts to a tripled price tag when the additional $100 “right of citizenship” fee is added.

“If you’re a professional doing reasonably well, you may not like it, but you pay it. It’s important to you,” Griffith told CBC News. “But if you are a struggling immigrant or refugee, suddenly $630 may become prohibitive, and especially if you’re talking about a family of four or more.”

Newcomers face other costs associated with the citizenship process, including language testing, he said. He recommends cutting the processing fee to $300, abolishing the right-of-citizenship fee, and considering a waiver for refugees and low-income immigrants.

Financial and other barriers

Griffith’s brief points to a broader pattern of declining naturalization rates. He warns that a growing part of the population may not fully integrate by becoming citizens due to financial or other barriers and that could lead to marginalization.

“We’ve always prided ourselves where we have a model where we don’t just encourage immigration, but we encourage immigrants to become citizens so they be fully part of society. They can take part in political discussions, they can vote and do all the things that are part of it,” he said.

Bill C-6 reverses reforms brought in by the previous Conservative government and takes steps to streamline and strengthen the integrity of the citizenship process. Those include reducing the time permanent residents have to live in Canada to become eligible for citizenship, counting time for work or study in residency requirements, and reducing the language proficiency requirements for younger and older immigrants.

Oath

A man raises his hand while taking the Oath of Citizenship at a ceremony in Mississauga, Ont. (Jonathan Castell/CBC)

But the government does not appear prepared to reverse the fee hike brought in by the Conservatives.

Bernie Derible, a spokesman for Immigration Minister Ahmed Hussen, said citizenship fees in Canada are “significantly less” than other comparable countries such as the U.K., Australia and New Zealand. Throughout the cross-country consultations last summer, there was little discussion or concern raised about the fee, he added.

Dory Jade, CEO of the Canadian Association of Professional Immigration Consultants, said he has heard from plenty of clients who are delaying citizenship because they can’t afford the fees.

Make process ‘accessible and easy’

“If we want to bring immigrants, especially under a Liberal government which believes in nation builders, making it accessible and easy to become members of your society is a big, big issue,” he said.

Jade has met with officials from Immigration, Refugees and Citizenship Canada to propose a way to address the financial burden.

He said he was told by officials that the current fees are not cost-recovery, which means they are still financed in part by the tax base despite the increase. [Note: IRCC costing study indicated processing cost $555, about the same as the current fee of $530.] But he suggested the government could ease the cost barrier by adopting a tax-like formula based on income, developing a loan program, or capping the total fee for a family.

Stephen Green, a Toronto-based immigration lawyer, said he has not heard of the fee being a significant factor in seeking citizenship. He said many of his firm’s clients who don’t currently qualify under the existing law are anxiously awaiting C-6 to become law so they can apply for citizenship.

The Senate social affairs committee hearings will be held Wednesday and Thursday this week, with a number of immigration and refugee lawyers and academics scheduled to testify.

Filed under C-6, Citizenship Tagged with , , ,

Switzerland Votes to Ease Citizenship for Third-Generation Immigrants – The New York Times

2017/02/14 Leave a comment

Good result:

The posters seen in several cities and provinces featured two very similar young women: both born in Switzerland, educated in Swiss schools, now in their 20s and working full time in Swiss jobs. They even share the given name Vanessa.

The point, though, was the crucial way they differ. One Vanessa is a Swiss citizen, while the other is not, and is locked in a lengthy and expensive process to obtain citizenship even though her family put down roots in Switzerland two generations ago.

The posters backed a government-sponsored measure that would ease the path to citizenship for third-generation immigrants like the second Vanessa. And on Sunday, the measure was approved in a nationwide referendum.

The outcome went against the recent tide of right-wing populism and anti-immigrant sentiment in much of Western Europe. Just over 60 percent of votes were in favor, including majorities in 17 of the country’s 23 electoral cantons — a minimum of 12 are required to pass — despite a right-wing campaign that sought to stoke fears of Muslims infiltrating the country.

“We are quite surprised,” said Stefan Egli, a manager of Operation Libero, a politically independent group that campaigned in support of the initiative and organized the poster campaign featuring the two Vanessas, among others. Mr. Egli said he had thought the referendum would win the national popular vote, but he worried that more of the rural cantons would oppose the change.

Swiss law typically requires foreigners to be residents of the country for 12 years before applying for citizenship; after that they must undergo a series of tests and interviews to assess their suitability, and are judged by criteria that differ from one canton to another. Unlike the United States and some European countries, Switzerland does not grant automatic citizenship to children born on its soil.

The measure approved on Sunday will not change those basic rules, but will speed up and simplify the approval process, using uniform criteria, for foreigners under 25 whose parents and grandparents have permanent residence status in Switzerland. “These are people who are at home,” Simonetta Sommaruga, the federal justice minister, said in a statement explaining the government’s position on third-generation immigrants. “The only difference is they do not have a red (Swiss) passport.”

An assessment by Geneva University for the government’s department of migration found that just under 25,000 people could benefit from the changes. Most of them are Italian, it found, and nearly 80 percent are of European extraction.

Filed under Citizenship Tagged with ,

A glance at birthright citizenship regulations across Europe | US News

2017/02/14 Leave a comment

Useful if partial comparison:

As voters in Switzerland are deciding Sunday whether to make it easier for “third-generation foreigners” to get the country’s citizenship [passed], here’s a glance at how other countries across Europe are handling citizenship and birthright issues for immigrants of the first, second or third generation.

Different from the United States, where every child born on American soil automatically becomes an American citizen regardless of his or her parents’ nationality, being born in Switzerland doesn’t mean automatically mean becoming Swiss, a situation echoed in a few other European nations.

Germany:

Children of parents with foreign passports receive German citizenship at birth if one parent has lived in Germany for at least eight years and has unlimited residency status. The children also get to keep their parents’ citizenship. At age 21, they are supposed to choose one of the two nationalities. However, the obligation to give away one passport has in recent years been watered down by new regulations and there are a lot of exceptions to the rule meaning more and more children of foreign parents continue to keep their dual citizenships after their 21st birthday.

United Kingdom:

A child born in the United Kingdom is automatically a British citizen only if one parent is a citizen of, or settled in, the U.K.

A U.K.-born child without a parent who fits the bill can become a British citizen later — either if they live in Britain till they are 10; or if either parent becomes legally settled in Britain.

Italy:

Those born in Italy can ask, when they turn 18, to become an Italian citizen if they have continued to live in Italy since birth. The request must be formally made before the 19th birthday. It’s usually a straightforward process for these young people.

France:

All children born in France of foreign parents automatically gain French citizenship at the age of 18, if they live in France and have lived here for five years since the age of 11.

Greece:

In Greece there is no birthright citizenship. So if a child of foreign parents is born here, it doesn’t give them the right to Greek citizenship.

Czech Republic:

Birthright citizenship is only given to foreign children born in the Czech Republic if the parents are considered stateless or if one of the parents has a residency permit for a period longer than 90 days.

Spain:

Citizenship is automatically granted to children born in Spain who have at least one Spanish parent. If neither parent is a Spanish citizen, children born in Spain to legal residents can obtain citizenship after one year.

Source: A glance at birthright citizenship regulations across Europe | World News | US News

Filed under Citizenship Tagged with , ,

← Older posts

Newer posts →