Strengthening and Modernizing the Citizenship Act – Some Thoughts

For those who have not seen it, the release and backgrounders to the revisions of the Citizenship Act, with the high level messaging as follows:

“Our government is strengthening the value of Canadian citizenship.  Canadians understand that citizenship should not be simply a passport of convenience. Citizenship is a pledge of mutual responsibility and a shared commitment to values rooted in our history. I am pleased to bring forward the first comprehensive and overdue reforms of the Citizenship Act in more than a generation.”

“Our government expects new Canadians to take part in the democratic life, economic potential and the rich cultural traditions that are involved in becoming a citizen. We are proud to introduce changes that reinforce the value of citizenship while ensuring the integrity of the immigration system is protected.”

Chris Alexander, Canada’s Citizenship and Immigration Minister

News Release — Strengthening and Modernizing the Citizenship Act.

Ten ways Ottawa is changing how to become a Canadian citizen (Globe)

It is a comprehensive package (and well put together by my former team). Looking through the various aspects through the lens of citizenship integrity, citizenship fairness, competitiveness with other countries, and citizenship focus, it is clear that the focus is on citizenship integrity and meaningfulness. No surprise with this policy continuity with the earlier initiatives by then CIC Minister Kenney (Discover Canada, more rigorous knowledge test and language assessment, anti-fraud measures).

The following table is illustrative:

Element  
Integrity Increased fees for full cost recovery ($100 to $300 – 200%, but comparable to other countries)Physical presence requirement clarified (2010 bill)Period extended (current 3 of 4 years to 4 of 6 years, 183 days in each of 4 years)PR waiting period no longer gives credit towards citizenship period (currently each day counts as half day)

Require applicants to state their intention to reside in Canada (citizenship of convenience)

Required income tax filing (if required under the Income Tax Act)

Knowledge and language tests expanded from 18-54 to 14 to 64 (reversing 2005 change for older applicants)

Stronger penalties for citizenship fraud ($100k) and regulation of citizenship consultants (2010 bill)

Revocation from dual nationals convicted of terrorism, high treason and spying offences. 

Barring Permanent Residents from applying for citizenship for foreign criminality and national security, 

Judicial review available beyond Federal Court, subject to leave and certification filters (from “will” to “has, is or may engage”

Strengthening safeguards for adoptees (Hague Convention on Inter-Country Adoption or other legal safeguards

Authority to declare applications abandoned should applicant not submit information or attend interview

Fairness “Lost Canadians” remaining issues addressed for those born before 1947 as well as their children (1st gen)Crown servant exemption (waiver for first generation limit for children born of Crown servants) (2010 bill)
Competitiveness Overall, changes remain largely in line with comparator countries (some are less stringent (e.g., national interest revocation only applies to dual nationals unlike UK) and some more (e.g.,  fast-track for Canadian Forces – US has similar provision)
Citizenship Focus Business process: Reduction in decision process from 3 steps to 1 to reduce processing time to 1 year by 2015-16Citizenship judge role limited to ceremonial role (CIC officers to make decisions directly)Stronger authority for CIC to define “complete application” and what evidence is provided (not defined in background info)Streamlined process for discretionary grants (Minister rather than GIC, one step rather than two)

Allow for electronic means to verify citizenship in the future

Streamlined revocation from 3 steps to 2 (2010 bill). Fraud to be decided by CIC Minister (barred to reapply for 10 years compared to 5 currently), more complex (e.g., war crimes, security, organized criminality) to be decided by Federal Court

Fast track for members of Cdn armed forces

In terms of “winners and losers,” the big winners are the remaining “lost Canadians” who are no longer penalized for being born pre-1947 (when Canadian citizenship started) and Crown servants with respect to their children born abroad and previously subject to the first generation limit. For most applicants, these changes will not make citizenship much more difficult, although it will take require longer residency (and residency meaning physical presence – being in Canada).

Applicants who may have greater challenges with these changes include:

  • Groups that already have difficulty with the current knowledge test and language requirements (no major change);
  • Mobile professionals, although based in Canada, whose work requires frequent and extensive travel;
  • Low income applicants given fee increase; and,
  • The target group of “citizens of convenience.”

The package is weaker on issues related to fairness, whether that means ensuring that citizenship materials (e.g., Discover Canada, test etc) are written in plain language and focus group tested to ensure readability and comprehension, expanding settlement or integration services to include citizenship knowledge and preparation for groups with lower success rates, and lastly, published service standards that are reported quarterly, as in Australia, to ensure accountability.

Much of the debate over the bill will likely be over the revocation provisions, particularly as they apply to dual nationals convicted of terrorism or high treason. Apart from the break that this represents of treating all Canadians equally irrespective of whether they were born in Canada or became Canadian, a large focus will be on the whether due process will be followed or not in determining whether citizenship should be revoked. It will be an interesting debate and discussion as while the numbers are small, they have symbolic value. But as always, where some cases appear clear cut (e.g., Al-Qaeda affiliates), others may not be.

Some selected commentary. In favour of the changes (iPolitics The meaning of citizenship, Kelly National Post: Ccitizenship changes recognize high value of being Canadian), reactions from stakeholders (Toronto Star Citizenship changes will mean longer wait to become Canadian, including quote from me), and an editorial from the Globe, generally in favour but strongly objecting to the treating naturally born and naturalized citizens differently:

That is effectively creating two-tier citizenship. Canadians who commit crimes should be punished, and they are. But even Canadians behind bars are still Canadians. Loss of citizenship, except in cases of citizenship fraudulently obtained, should not be on the menu of possible punishments, even for the gravest crimes.

It was an earlier Conservative government, that of John Diefenbaker, that changed the law to ensure that Canadians could not be stripped of citizenship. The decision was made in the wake of a particularly damaging scandal: In 1957, former MP Fred Rose was stripped of his Canadian citizenship after being convicted of spying for the Soviet Union. Diefenbaker thought that was wrong. Even in the case of treason, he didn’t believe any Canadian should ever again be threatened with a similar fate.

 Chris Alexander’s flawed overhaul of citizenship law 

Overall, to use then CIC Minister Kenney’s phrase, the changes are in line his wish to make “citizenship harder to get and easier to lose.”  Yet the changes largely remain competitive with other immigration-based countries like Australia, New Zealand, and the US and thus are unlikely to deter potential immigrants.

What will be interesting, however, are the longer-term effects on the number of permanent residents who become citizens. The current figure is 85%, one of the highest in the world, and one that attests to the overall success of Canadian integration policies and programs. The more rigorous test and language assessment introduced over the last few years resulted in a higher failure rate than earlier (from about 95% to around 85%, but much lower for a number of groups). These additional changes may further decrease the number of permanent residents who become citizens, and weakening the integrative aspect of citizenship.

As always, despite the best efforts of policy makers and political leaders, there will likely be some unforeseen effects that emerge over time.

The broader question, of what is the appropriate balance between making citizenship more meaningful and recognizing the reality of a globalized world, where people can move around more, can maintain their relationship with their country of origin more easily, and generally have more diverse and varied identities, will continue to be a challenge for Canada and other countries

Canadian citizenship bill to be tabled Thursday – Politics – CBC News

It’s official, with the high level message from Minister Alexander, continuing to emphasize meaningfulness and integrity:

“Canadians today take great pride in citizenship, they attach more value than ever. We’re going to spell out some of the rules that will ensure that it has that value,” Alexander said.

Canadian citizenship bill to be tabled Thursday – Politics – CBC News.

Andrew Cohen: Citizenship should mean more

Provocative commentary by Andrew Cohen on making citizenship more meaningful. Opposite perspective to the article by Elke Winter Becoming Canadian » Institute for Research on Public Policy.

Part of the challenge of citizenship policy is balancing the need for meaningfulness (and integrity) with the realities of today’s globalized world and individuals. If our immigration policy tries to attract more skilled and entrepreneurial immigrants, these are also likely to be more mobile and may have a more instrumental approach to citizenship.

While there are further opportunities to strengthen citizenship, many of Cohen’s suggestions are either not real world solutions or reasonable. For example:

  • Five year continuous residency:  are we really going to deny someone citizenship if they visit their parents once a year?;
  • Taxation of dual nationals, and the determination of who should be taxed, is not easy. Some of the problems the Americans have in implementing the Foreign Account Tax Compliance Act – FATCA (see The American Diaspora Meets a Polarized America) illustrate this;
  • Making the test tougher and language requirements harder will continue to disadvantage many non-English and non-French native speakers, as well as those with lower levels of education (e.g., family members). Under Minister Kenney, much of the looseness in the process was appropriately tightened and the rationale for further tightening has not be demonstrated.

I am sympathetic to his view on raising the citizenship test exemption back to 65 and over (the Liberal government changed the exemption to 55 and over), although politically this is likely untenable.

If we are serious about giving substance to our citizenship, let the government reinstate the residency requirement of five years, making it mandatory to remain in Canada the entire time. Let it find a way to tax dual citizens who have never lived in Canada.

Let it establish a tougher test on knowledge and language, and apply it everyone under 65, not 55 (as is the case now). And let it address the injustice of the “lost Canadians” who have been denied citizenship through loopholes in the law.

At the same time, we should re-examine our commitment to country, too. For many Canadians citizenship is no more than paying taxes and obeying the law. It isn’t even about voting.

To give new meaning to citizenship, we should consider universal national service (community or military) for young Canadians; national standards in education for the teaching of Canadian history; a new commitment to encourage lifelong volunteerism and civic activity; and mandatory voting in federal elections.

As Canada goes to the Olympics, expect the usual orgy of chest-thumping and fist-pumping with every gold medal. But don’t mistake cheering athletes, wearing red mittens and sipping double-doubles for patriotism. It isn’t.

Real patriotism, and real citizenship, is knowing who you are, how you got here, what you have, and what you would do to keep it all.

If we ask that understanding of others, shouldn’t we ask it of ourselves, too?

Column: Citizenship should mean more.

Canadian citizenship rules face broad reform in 2014 – CBC News

Minister Alexander does some pre-messaging on what’s in, what’s out in the upcoming revisions to The Citizenship Act, expected to be tabled shortly in Parliament.

What’s in:

  • Further measures to reduce some of the remaining gaps in “lost Canadians”, Canadians who lost their citizenship due (i.e., personal circumstances before 1947 when Canadian citizenship was introduced such as war brides);
  • Providing an exemption (likely) for the children of those born abroad to Canadian government personnel to the second generation limit;
  • Similar provisions to Britain (and likely coming to Australia) stripping citizens of citizenship involved in terrorism abroad (Australians fighting in Syria could lose citizenshipBritish fighters in Syria stripped of UK citizenship);
  • Inclusion of some elements, not specified, of Devinder Shory, Conservative MP’s bill, stripping Canadian citizenship of those “engaged in an act of war against the Canadian Forces”, and reducing residency requirements by one year for those signing up to the Forces (US has some similar provisions;
  • Longer residency requirements and making it clear that physical presence is required, combined with a promise of shorter wait times (but no service standards or published statistics to ensure accountability); and,
  • Other unspecified integrity measures.

What’s not:

  • Change in jus soli (automatic citizenship to those born in Canada). While the Minister indicated ongoing concern about “passport babies”, and said CIC is still working on the issue, too complex given the implication for the provinces and vital stats agencies to propose something concrete now. There was never any hard evidence on the extent of “passport babies” (i.e., data from health ministries on number of babies born whose parents did not have healthcare); rather the government relied on anecdotes, albeit informed by formal consultations.

Canadian citizenship rules face broad reform in 2014 – Politics – CBC News.

Citizenship Legislation Pre-Messaging

Starting with an interview with Citizenship and Immigration Minister Alexander, he confirms his focus will be on implementation of policy changes of Minister Kenney, with the exception of citizenship legislation, developed largely during Minister Kenney’s time, will be stickhandled through Parliament by Minister Alexander.

Promise of lower wait times and backlogs should be matched by better performance information and service standards, publicly available on a quarterly basis (i.e., not requiring ATIP requests), to ensure accountability.

Immigration Minister Chris Alexander promises lower wait times, fewer backlogs in 2014.

And pre-messaging on the upcoming changes to the Citizenship Act suggest the following elements:

  • Longer residency requirements (currently three years, four to six years floated);
  • No longer granting citizenship based upon place of birth (jus soli);
  • Fast tracking citizenship from applicants from the Canadian forces (USA has similar provision);
  • Possible improved citizenship processing compared to current 2 year processing times;
  • Possible additional measures to address the remaining “Lost Canadians” for people caught without citizenship given their circumstances before 1947 when Canadian citizenship was instituted;
  • Whether the government will revisit the second generation limit (it has signalled in the past that it will do so for crown servants working abroad).

As Canadian citizenship rules face an overhaul by the Harper government in 2014, here’s what to expect

Similar to my own list in The citizenship review: what to watch for (which included more “housekeeping” measures) but we shall see exactly what is in and what is out once the Bill is tabled.

Half a cheer for Jason Kenney’s revolution in immigration policy | Toronto Star

Natalie Brender in The Star on Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, focussing on the risks and limits of anecdotes for decision-making. Nice to see words like epistemological  (theory of knowledge – yes, I had to look it up too!) to capture the issues and dynamics.

In the end, I am more in the camp of anecdotes and evidence, understanding the strengths and weaknesses of each one, but using both to ensure the best possible policy outcome.  Article as follows:

Andrew Griffith, a retired senior official at Citizenship and Immigration Canada, has just published a book about the tense period beginning in 2007 that saw minister Jason Kenney bring a tidal wave of change to two federal departments. Among the many virtues of Griffith’s book, Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, is a striking commitment to epistemological modesty and self-reflection.

Throughout his case studies of various policy issues, Griffith underlines how officials working on multiculturalism and citizenship issues under Kenney were forced to confront their own latent ideologies and grapple with challenges to their expertise under a regime that broke starkly from the approach of previous governments.

From vocabulary to policy priorities to the deepest questions of what counted as sound evidence for policy-making, the Conservatives upended decades of received wisdom. For instance, Griffith reports, Kenney and his staff held in particular odium the blame-laying perspectives taken by “downtown activists” and researchers in analyzing mainstream discrimination toward cultural minorities.

An organization’s use of terms such as “oppression,” “white power” and “racialized communities” became grounds for striking it from a pool of grant applicants. This aversion was part of the minister’s larger distaste for the issue of barriers facing visible-minority Canadians, and his desire to shift focus toward discrimination within and among minority communities.

Because Griffith writes as a consummately professional public servant, he doesn’t pass explicit judgment on the policy shifts effected during the Kenney years. As he notes, it’s the job of elected officials to decide government priorities, and the job of public servants to be loyal implementers of those decisions.

On the other hand, it’s also the job of public servants to provide expert insight and advice to their ministers, who are supposed to take that advice into account in making policy decisions. It’s on this score that some of the book’s most revealing insights lie, since there was an unprecedented parting of ways between Kenney and officials on the question of what counted as sound evidence.

Multiculturalism and citizenship officials had long been used to basing their insight on social scientific research such as large-scale surveys and data collection on a range of standard topics. In Kenney, they were confronted with a minister who took his bearing from first-person anecdotes gathered from tireless meetings across Canada. (Such a minister, in the words of another official quoted by Griffith, was “like Halley’s comet, only coming by once every 76 years.”) Through the nuggets of information gained from his unmatched ear-to-the-ground contact with the nation’s increasingly suburban ethnic communities, Kenney was confident in his knowledge of their realities and concerns.

That confidence accompanied what Griffith alludes to as “the minister’s (and the government’s) general skepticism about social policy research,” and their disdain for the “downtown activists” who had forged deep ties with multiculturalism staff. Two starkly different “evidence bases,” as he puts it, were being drawn on by the political and bureaucratic levels.

Notably, Griffith does not depict the outcome as an unmitigated disaster from a policy-making perspective. Kenney was indeed gleaning real insights into experiences and concerns within different communities, which could not be captured in large national surveys or data sets. He gathered anecdotal reports on topics it had never occurred to officials to investigate systematically – for instance, on violations of citizenship integrity within certain immigrant groups in matters such as cheating on citizenship tests or so-called “birth tourism.”

Expert officials sometimes found to their surprise that the minister’s revamped multiculturalism priorities met with approval among diverse communities in the department’s focus group testing. And in Griffith’s own judgment, the anecdotal evidence that Kenney gained sometimes did produce worthwhile new directions in policy and programming (such as initiatives to address discrimination within and among ethnic groups).

For these reasons, Griffith writes, “officials had to learn to listen to — and respect — the key messages and insights coming from the minister, reflecting his anecdotes and conversations from his extensive community outreach.” It was a wrenching adjustment for many to have their expertise challenged and world views dismissed. Eventually, though, most staff took on board the insights that anecdote could offer, and worked to incorporate them into programming and policy.

There is no indication that Kenney and his staff reciprocated in the epistemological modesty department. In one exceptional instance, Griffith reports, officials found studies that managed to persuade them that racism and discrimination indeed pose real barriers to the success of certain ethnic groups in Canada. But other than that, the learning and broadening of world views seems to have been entirely one-sided.

And in the bigger picture, even anecdotes reflecting a partial reality give precious little for policymakers to go on. Stories of fraud whispered in the minister’s ear don’t tell policy makers how widespread the incidence of citizenship-test cheating or birth tourism is. They don’t tell policymakers what the relative dollar costs of taking action or keeping the status quo will be; nor do they predict what side effects might come from dramatically changing current policy.

Only careful data collection and analysis can do that. And that’s precisely what the Kenney regime (and the Harper government) couldn’t be bothered with in their haste to get tough on “abusers of Canadians’ generosity.”

Writing as a loyal civil servant, Griffith doesn’t say it explicitly, but the lessons of his book are clear. Anecdote is a lousy basis for policymaking, and modesty and self-reflection are not virtues to be expected only on one side of the relationship between the public service and politicians. As Chris Alexander takes over these files as minister of immigration, he could get a fine start by bearing those truths in mind.

Half a cheer for Jason Kenney’s revolution in immigration policy | Toronto Star.

Tories focus on ethnic outreach with multiple multiculturalism ministers | hilltimes.com

Reasonably good analysis in The Hill Times on the various roles of ministers on multiculturalism. I expect that statutory responsibilities will be met by Minister Alexander but only after vetted by Minister Kenney’s office. It will be interesting to see who signs the Annual Multiculturalism Report – may end up being joint-signature to underline the senior political minister role played by Minister Kenney.

Tories focus on ethnic outreach with multiple multiculturalism ministers | hilltimes.com.

And then there were 2… multiculturalism ministers on the cabinet roster – Inside Politics

More from Kady O’Malley on her series ‘would the real Minister for Multiculturalism please stand up’. I think in practice it will be less confusing for outside observers as Minister Kenney will be the main public face of multiculturalism and is clearly the senior political minister. Officials will adjust as they must, the focus of the program will be political, given the importance of ethnic communities as the ‘fourth sister’ of electoral strategies.

Not elegant from a machinery of government perspective but a totally understandable and rational, from a political perspective decision (even if the former official in me groans about what it means for the long-term health of the multiculturalism program).

And then there were 2… multiculturalism ministers on the cabinet roster – Inside Politics.

Statement — Minister Jason Kenney issues statement to recognize celebrations of Greek heritage

Looks like the idea of joint statements by Ministers Kenney and Alexander didn’t last long.

Statement — Minister Jason Kenney issues statement to recognize celebrations of Greek heritage.

Statement — Ministers Jason Kenney and Chris Alexander issue statement recognizing Eid al-Fitr

How the respective Ministerial roles between Minister Kenney and Alexander are shaping up – both Ministers have their names on statements and releases.

Statement — Ministers Jason Kenney and Chris Alexander issue statement recognizing Eid al-Fitr.