C-6 Citizenship Act: Clause-by-clause review (updated)

No major surprises as CIMM reviewed the draft bill. The NDP tabled 25 amendments, the Conservatives three, and Elizabeth May eight.

The Conservatives noted their objections to the reduced residency requirements, the repeal of the intent to reside provision, the reduction in knowledge and language testing to 18 to 54 from 14 to 64, and revocation in cases of terror or treason. They also tabled an amendment having a five-year review provision (not part of the Conservatives’ C-24) which the Government-side voted down.

The Bill was approved, with a few minor amendments, largely on party lines, and will be reported to Parliament.

Amendments passed:

Clause 1

That Bill C-6, in Clause 1, be amended by adding after line 6 on page 3 the following:

“(13) Subsection 5(4) of the Act is replaced by the following:

(4) Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of statelessness or of special and unusual hardship or to reward services of an exceptional value to Canada.”

That Bill C-6, in Clause 1, be amended by adding after line 6 on page 3 the following:

“(13) Section 5 of the Act is amended by adding the following after subsection (3):

(3.1) For the purposes of this section, if an applicant for citizenship is a disabled person, the Minister shall take into consideration the measures that are reasonable to accommodate the needs of that person.”

The discussed amendments included:

Admissable

Citizenship applications by youth (under 18, NDP and CPC): Government side voted this down, arguing that Minister had adequate flexibility to waive requirement when merited.

Submission of tax returns (CPC): Richard Kurland’s recommendation to clarify the language in the Act to make it a requirement to file taxes when applying..

Accommodation for persons with disabilities (NDP): Discussion focused on existing accommodation practices, whether this also covered invisible disabilities such as cognitive or learning disabilities and whether or not existing practices and legislation like the Canadian Human Rights Act were adequate. In end, CIMM adopted unanimously to send stronger signal.

Youth criminality (NDP) and not allowing youth criminal records to be considered for citizenship: Defeated with government arguing that existing protections – serious charges, free from record for four years – were appropriate rather than wholesale ban.

Knowledge and language test (allowing interpreter for knowledge – NDP): Government stated that the knowledge test was specified in the Act. The review of Discover Canada, including its language level, would make it easier for people. However, language was critical to integration and the Government defeated the amendment.

Inadmissible (outside scope of C-6)

Restoration or creation of an appeal process in cases of revocation for fraud or misrepresentation (NDP): Although out-of-scope, the NDP noted the earlier signals of the Minister with respect to being open to reviewing the issue and expressed hope that the Minister would come back in the fall, recommending an expansion of the Immigration Appeal Division’s role to include citizenship revocation cases (for fraud or misrepresentation).

Statelessness and remaining ‘Lost Canadians’ (NDP): One of the few statelessness amendments to be considered admissible was in relation to revocation in cases of fraud or misrepresentation. Defeated. However, an amendment providing the Minister with greater discretion was passed.

Changes in oath to include TRC recommendation 94 (reference to treaties with Indigenous peoples (NDP)

Ability to suspend application processing indefinitely (NDP)