May 4, 2017 – The long-delayed federal government’s Citizenship Act Bill C-6, has been sent back to the House of Commons for debate with no indication when it will become law.
Justin Trudeau’s Liberals based their 2015 election campaign, in part, on revoking highly controversial changes to the citizenship law passed by the former governing Conservatives in 2014.
The target was to have the new bill passed into law by Canada Day 2016. With Canada Day 2017 fast approaching, there is still no end in sight when the revised Citizenship Act, will be passed.
The Senate began debating Bill C-6 in June 2016. It finally passed the bill with important amendments in March 2017. It must now return to the House of Commons for further debate and approval by MPs. Should it pass there, with or without further changes, it will have to again return to the Senate for ratification before becoming law.
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Canadian Citizenship Bill C-6 Could See Citizenship-Stripping Powers Revoked
Canadian Citizenship Application Numbers See Sharp Decline Since Fee Increase (Audio)
Federal Government Will Not Stop Revoking Citizenships
Bill C-6 aims to roll back much of the previous Conservative government’s Bill C-24, including the power to strip citizenship away from dual citizens.
A key amendment passed by the Senate, gives the right to a court hearing before citizenship is revoked in cases of allegations of fraud in the citizenship application process. Currently, citizens are notified by ministerial letter that they are losing their status, and given 60 days to respond. The original Bill C-6 did not address this issue.
The Senate amendments also introduced by private member, new provisions, enabling minors the right to apply for citizenship, in certain instances where the parent is rejected.
Senate Amendments to Bill C-6:
- Gives Canadians the right to a hearing before citizenship can be revoked in cases of fraud in the application process.
- Allow minors the right to apply for citizenship without parents. Currently, if the parents are rejected, the child is too. The child then has to wait until they are 18 to re-apply.
- Changes the age range for language testing for applicants between the age of 18 to 60. Under current law, mandatory language tests apply to immigrants aged 14 to 64. The original Bill C-6 proposed a range of 18 to 54.
Other changes featured in the bill include lowering the number of days a candidate must be physically present in Canada as a permanent resident before applying for Canadian citizenship from four years in the last six to three years in the last five.
The bill would also restore allowing up to one year spent in Canada as a non-permanent resident to count towards the total qualifying period.
Applicants would also no longer have to declare their intent to reside in Canada under the new law.
Summary of Bill C-6 for current debate in the House of Commons:
- Applicants must be permanent residents of and physically reside in Canada for at least 1,095 days (three years) during the five years before the date of their application.
- Repeals requirement that applicants must be physically present in Canada for at least 183 days in each of the qualifying years.
- Applicants between the ages of 18 and 60 must meet basic knowledge and language requirements. Applicable criteria will be defined under future regulations.
- Repeals a requirement that adult applicants must declare their intent to reside in Canada once they are granted Canadian citizenship.
- Restores consideration of time spent in Canada as a non-permanent resident (non-PR) for most applicants to a maximum of one year of credited time.
- Reduces the period to three years for adult applicants to file Canadian income taxes, if required under the Income Tax Act, to be eligible for citizenship.
- Repeals authority to revoke Canadian citizenship from dual citizens who served as members of an armed force of a country or an organized armed group engaged in armed conflict with Canada.
- Repeals authority to revoke Canadian citizenship from dual citizens who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received.
- Authorizes Minister to seize documents used in fraudulent citizenship applications.
- Gives Canadians the right to a hearing before citizenship can be revoked in cases of fraud in the application process.
- Allow minors the right to apply for citizenship without parents. Currently, if the parents are rejected, the minor child would as well.
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