:
Thank you, Mr. Chairman.
[Translation]
Mr. Chairman, distinguished members of the committee,
[English]
ladies and gentlemen, I would first like to thank you for inviting me to appear before you today, along with my newly minted and esteemed colleagues.
I am honoured to accompany the judges appearing today, and I am certain that you will agree that they bring valuable experience and assets to our complement of citizenship judges.
This occasion also provides me with a very timely opportunity to discuss the mandate of the Citizenship Commission and the role of our citizenship judges.
[Translation]
The Citizenship Commission is an administrative tribunal within Citizenship and Immigration Canada. The Commission is comprised of all citizenship judges working across Canada. The mandate of citizenship judges is set out in the Citizenship Act and regulations.
[English]
The commission is responsible for the following: deciding whether citizenship applicants meet the requirement of the Citizenship Act and the citizenship regulations for all cases; administering the oath of citizenship and stressing the rights and responsibilities of Canadian citizenship to new citizens; working to maintain the integrity of the citizenship process; and promoting citizenship by working with school boards, service clubs, multicultural groups, and community organizations.
There is no legislative provision in the Citizenship Act for the creation of the so-called Citizenship Commission. Don't try to find it; you will not find it anywhere.
The Citizenship Commission is an administrative body for citizenship judges or for the position of senior citizenship judge. In comparison, the Immigration and Refugee Board, the IRB, is a legislative body as described in the Immigration and Refugee Protection Act, IRPA. The position of chairperson of the board is also described.
As indicated above, the mandate of the commission and the duties of the senior citizenship judge have been assigned by the Minister of Citizenship and Immigration, pursuant to section 26 of the Citizenship Act.
The duties of the senior judge are subject to policy direction and include the following: promoting consistency and providing functional guidance to other citizenship judges on the interpretation and application of the Citizenship Act; facilitating the exchange of information and being a liaison between judges, the CIC, and other government departments on issues of concern to judges and the CIC; managing and responding to complaints regarding citizenship judges, and if necessary, being a liaison with the Privy Council Office and the minister regarding complaint resolution; acting as a spokesperson for the commission and managing the administrative and professional services that the commission provides for citizenship judges; making recommendations and providing advice, upon request, to the minister on issues of concern to the minister or to the citizenship judges; and managing the operation of the senior judge's office and staff.
[Translation]
What role do citizenship judges play? Citizenship judges are appointed by the Governor in Council on the recommendation of the minister to serve either on a full-time or part-time basis, generally for a period of no more than three years.
Because they are appointed by the Governor in Council, judges enjoy the independence needed to carry out their decision-making duties without any external influence.
[English]
The Citizenship Act provides four types of citizenship application. There is a grant of citizenship, according to section 5(1); retentions, under section 8; renunciations, under section 9(1); and resumption, under section 11(1). Most of these applications are decided by a judge on the basis of a file review. However, when a judge finds that more information is required to make a decision, the applicant is invited to attend a hearing before that judge.
[Translation]
To carry out their quasi-judicial responsibilities, citizenship judges need to know the principles of administrative law and natural justice, the Citizenship Act and its regulations, relevant case law as well as certain components of the Immigration and Refugee Protection Act and the Criminal Code.
[English]
Newly appointed citizenship judges follow a comprehensive training program that provides them with the knowledge and skills they require to perform their duties. Remember that any Canadian citizen can be a citizenship judge; it is not a domain that is reserved for lawyers or members of the legal profession. After that program, judges participate in ongoing training activities to further develop their skills.
There are presently 28 judges, including the senior citizenship judge. There 19 full-time judges and nine part-time judges, and a total of nine vacancies. Five are full-time and four are part-time. Currently, there are vacancies in Quebec, Ontario, British Columbia, and the Atlantic region.
Our complement of judges has achieved both gender and ethnicity representation. For example, our current 16 male and 12 female judges represent as many as 13 ethnic communities.
[Translation]
The screening process for citizenship judges plays a critically important role in terms of ensuring that the Commission acquires a full complement of judges. This process is constantly evolving. The objective is to ensure an adequate supply of skilled, qualified candidates in regions in need of judges.
[English]
At an administrative level, the commission works with the minister to fully implement a screening process. This involves adopting new assessment tools that target the skills and abilities outlined in a new competency profile for the position, which was distributed to the members of this committee. The commission also works with the minister's office and the Privy Council to obtain the Prime Minister's approval of the screening process.
The commission also provides extensive classroom training for new citizenship judges. The effectiveness of the training program is evaluated on an ongoing basis, and adjustments are made as required.
The commission would also like to develop what we call a feedback program designed to help determine the professional development needs of the Citizenship Commission. The program would provide individual judges with specific feedback from applicants about the hearings they conduct and the ceremonies at which they preside. The commission will receive an aggregate summary of the feedback, and this information will then be incorporated into the professional development training for judges. Discussing this feedback with a trusted mentor will allow individual judges to consider new ways of approaching their work. The judge will then be able to seek individual training or skills development opportunities at their own discretion as a result of this process.
The implementation of the commission's feedback program on judges' performances was and remains dependent upon the GCMS's capacity, or the departmental capacity, to provide the needed data and ministerial approval of the appropriate level of funding.
Next I will discuss challenges. The definitive mission of the commission remains to balance efficiency and effectiveness to ensure that the citizenship process runs smoothly and works for the benefit of Canada. Our challenge remains to fulfill our mandate and undertake new initiatives required by the department within the context of very limited resources. The annual budget of the Citizenship Commission is approximately $2.1 million in A-base funding.
[Translation]
Appointments must be made and mandates renewed quickly to ensure that the citizenship acquisition process runs at optimum efficiency across the country.
In spite of the many challenges and two changes in government, citizenship judges have refocused their efforts on improving and applying the provisions of the current Citizenship Act. The citizenship acquisition process has encountered problems and the situation has been made worse by the ever-growing workload.
The Citizenship Commission has always been, and will continue to be, concerned about ensuring that judges have the means to make enlightened, fair and timely decisions that are consistent with the act. This is essential in order for applicants to be treated fairly everywhere in Canada.
Our top priority for 2006-2007 is to acquire a full complement of 37 citizenship judges.
Thank you.
:
Mr. Chairman, allow me to state at the outset that I consider myself to be one of the most fortunate men in this world--I am a Canadian. I say that because my mother and father came to this land--I am the son of immigrants--so I could have a better life.
They taught me two things. First, the most precious thing, prize, or gift they ever gave me was Canadian citizenship, and with citizenship comes responsibility. Canada is a land of opportunities, but not a land of guarantees. In other words, it was up to me to make what I could of what they gave me.
In my teens, I applied to two police forces: the RCMP and the Montreal police force. I was accepted to both. I went to Montreal for one specific reason: I could go to school. In those days there was no such thing as long-distance education, computers, satellites, or what have you, but there were universities.
My police functions at the beginning were the same as anyone's--squad car, beat, morality--but my last seven years helped prepare me for this job. I became the voice of the force. I did recruiting. I protected or defended the force, if you wish, on television and radio. And I met every possible group, be it social, cultural, religious, colour, or what have you.
I also went to school. In my eleven years in the Montreal Police Service I earned three university degrees: a bachelor of arts from Sir George Williams with a major in psychology, and two law degrees from McGill. In other words, sir, I was a police officer full-time and a student full-time. I also played football for McGill in my only leisure hours, and I was captain of the club.
[Translation]
I left the Montreal police force to become a member of the National Assembly. I served as an MNA for 11 years. Four months after being elected, I started playing football for the Montreal Alouettes. We won the Grey Cup that year.
I was still an MNA was I stopped playing for the Alouettes. I went on to be one of the co-creators of a police technology course at John-Abbott College. This three-year course leads to a degree in police technology and to a job as a police officer in the province of Quebec.
I was first elected to office in 1970 and re-elected in 1973 and in 1976. I didn't have an easy time of it in 1976, but I did manage to get re-elected.
[English]
When I left the National Assembly, I continued teaching, but I began doing television work. I was a television talk show host for six years with a half-hour show each day on CBC. I also did the nightly sports on CBC television.
At John Abbott College I continued on as I had as a police officer and as I had as a member of the National Assembly, dealing with the various groups in the community.
I organized a most successful symposium every year at John Abbott dealing with violence in schools, which allowed us to bring the best speakers we could find on that topic to the school. We brought in 400 high school students from the greater region of Montreal, be it Laval, Hudson, or wherever. What it allowed us to do was teach respect, appreciation of another's culture, and appreciation of another point of view--audi alteram partem; in other words, before you make your decision, be sure you hear the other side--and it allowed us to grow.
I was named a member of the Order of Canada in 1989, specifically because of my community work. I began, at the request of Citizenship and Immigration Canada, to do citizenship ceremonies as a member of the Order of Canada, especially on July 1, and on other days.
I was named a citizenship judge for the first time in 1999. On November 6 of last year, I was nominated and named for my sixth mandate as a citizenship judge.
All of that, Mr. Chair, is because my mom and dad came to Canada.
Thank you.
Good morning, Mr. Chairman, mesdames et monsieurs. Thank you very much for inviting me to appear before you today. Indeed, it is an honour for me to appear before such a distinguished panel of public representatives.
A study of the Citizenship and Immigration Canada website reveals that a citizenship judge should have skills in the areas of analytical and conceptual thinking, communication, problem solving, information seeking, and decision making. This individual should also have knowledge of and be willing to undergo further training in the Citizenship Act and regulations.
When you look into my academic achievements and past experiences, you will be most assured that I have met all the above expectations. I graduated from Hong Kong Polytechnic in management studies and was admitted as an associate of the Institute of Chartered Secretaries and Administrators in London, England. I worked as a company secretary of a publicly listed company in Hong Kong, a position equivalent to the chief administrative officer.
In 1987 I immigrated to Canada and in 1990 I was granted Canadian citizenship. It was certainly a unique and memorable moment in my life, and I cherish it even today. Since 1997 I've been teaching English as a second language, that is ESL, and citizenship classes. In 2000 I also got my TESL Ontario certificate to teach ESL. Also, I've been a coordinator for the LINC program, that is language instruction for newcomers to Canada, and also co-chair of the Peel LINC partnership. I also worked for over ten years as a newcomer settlement program worker and helped newcomers to settle and integrate into Canada.
As an ESL and citizenship teacher I was able to help newcomers not only to learn English and about Canada, I helped them adapt to changes in life and to Canadian culture. I enjoyed working with my students because the feedback I received from them was very positive. After the course, students would tell me how much they had learned about Canada and that they were now able to appreciate the country they live in and were able to become Canadian citizens.
The most rewarding part of my teaching was that I could share my experience about voting procedures with my students and the rights and responsibilities of Canadian citizens and that I could also pass on a message to them of what Canadian citizenship means.
Being a citizenship judge is the greatest honour of my life. It is a continuation of my career path, but from a different perspective. I'm privileged to be able to participate in a process of approving applications by reviewing the files and making sure that the requirements of the Citizenship Act and regulations are met, administering the oath of citizenship, and stressing the rights and responsibilities of Canadian citizens while presiding over the citizenship ceremony.
I'm very happy that I can contribute to maintaining the integrity of the citizenship process. To me it is a particular pleasure to be able to promote Canadian citizenship to the entire community, which I have always enjoyed doing when I was a citizenship teacher. Community service is extremely important to me.
I've served on different volunteer boards and committees. To mention a few here: the Credit Valley Hospital's Chinese Community Advisory Committee, the Mississauga Board of Chinese Professionals and Businesses, Carassauga-Mississauga's Festival of Cultures, and the Region of Peel's Cancer Prevention Forum.
These experiences have been very rewarding. I learn a lot and always share my experience with the other board members for the benefit of the community at large. With my excellent time management and decision making skills, I've been able to balance both work and volunteer commitments. I have also demonstrated creativity and flexibility in working with people of diverse cultural and social backgrounds.
My dedication to work and to the community shows that I'm committed to working as part of a team, and that is what I intend to do within the Citizenship Commission as a citizenship judge.
In Mississauga I'm recognized by the community as a dedicated volunteer and a prominent member of the community. Everyone I work with would have no hesitation to recommend me as an outstanding volunteer who can meet any new challenges that come across my path, make a difference in the community, and deliver results.
In short, I can say that I have a good understanding of the principles of natural justice and procedural fairness. I've a good knowledge of the Citizenship Act and the relevant regulations thereof. I'm also willing to learn more and fine-tune my skills on a continuing basis.
I possess extensive experience in interacting with people of diverse backgrounds, different socio-economic and cultural perspectives. As far as people encountering language barriers, I'm experienced in utilizing the services of cultural interpreters for the delivery of equitable services. I assure you, Mr. Chairman, that I will continue to serve the public by maintaining a high standard of cultural sensitivity and by recognizing, understanding, accepting, and respecting diversity in all its respects.
Finally, I would like to assure you that I will work in a professional, ethical, and timely manner. I will ensure that everyone who appears before me is given a fair hearing and will be judged with compassion.
I thank you for your time and attention. Merci beaucoup.
[Translation]
Good day, Mr. Chairman, distinguished members of the committee, mesdames et messieurs.
[English]
Thank you for inviting me to appear before you today. It is an honour to speak to you and to discuss my qualifications for the position of citizenship judge.
As Judge Simard has informed you in his backgrounder, a citizenship judge should possess superior communication, analytical, interpersonal, and decision-making skills. He should have cultural sensitivity and good judgment. In addition, a judge should have knowledge of the principles of fairness and natural justice and, of course, of the Citizenship Act and regulations.
Keeping these skills in mind, I will endeavour to explain how my education, professional experience, and life experiences have enabled me to meet the qualifications of a citizenship judge.
I am a daughter of immigrants, and I am not Canadian-born. I came to this country as a child from Azores, Portugal. My parents had virtually no education. They had little money, and they had no knowledge of English. Of all the experiences in my life, this one has forged my character in the most marked way. Because I was the eldest child, it fell upon me to help my parents cope with the adjustments necessary to live in a new country and also to help them become citizens when they felt it was time to commit to their new home.
It is thus an honour for me to preside over a citizenship ceremony, albeit now sitting on the other side of the bench. This experience of being an immigrant has allowed me to identify with applicants who are on the path to citizenship and to understand the struggles of adapting to a new culture and language.
In addition to the immigrant experience, my education in the area of criminology has been invaluable to the performance of my duties as a citizenship judge. This academic background has provided me with a general knowledge of law and procedure, including the principles of fairness and natural justice and the exercise of applying the law, statutes, and jurisprudence to the facts of a case. More recently, my work for David Brown, now Mr. Justice David Brown, judge of the Superior Court of Ontario, provided a good refresher on these principles. This academic and professional experience serves to help me prepare well-reasoned and well-written decisions.
My professional experience includes some time at the Catholic Civil Rights League, where I worked to revitalize the organization. There I learned how to manage time effectively and work efficiently with others on projects all over the country. Aside from refining essential professional skills, my work with the league helped me to gain a profound appreciation of the Charter of Rights and Freedoms and reinforced to me the value of participating in the public forum and of participating in the political process, which is a duty of every Canadian citizen--and I certainly reinforce that at every citizenship ceremony that I perform.
My professional days came to a screeching halt after I married and made quick work of becoming a mother of five. My apparent fertility went beyond biology, though. Working with community schools, I became a temporary adoptive mother to students from all over the world who came from different economic, linguistic, and faith backgrounds. From my family the students learned the English language and the value of this great country, and from them my family, and especially my children, gained a wonderful opportunity to appreciate the richness of different cultural backgrounds. In our own home, my children and I learned how to cope with linguistic barriers and how to be culturally sensitive. These abilities are an essential qualification of a citizenship judge.
Finally, I bring some linguistic abilities to the performance of my duties. These include Portuguese, Spanish, Italian, and French. And thanks to Judge Simard, I will soon gain personalized training in order to refresh and improve my ability to speak French. Speaking both official languages proficiently is important to me because it is another way that I can contribute to the commission; it is useful in the performance of my duties; and it is a way to ensure that French-speaking applicants can be served in that language.
These are the skills and experiences that have formed me. I would like to assure you that I will execute my duties with compassion and fairness.
I want to close by telling you how much I love being a citizenship judge. Every day my door opens and someone extraordinary walks in. Every day I'm reassured that decency and a desire for peace bind humankind more strongly than those things which divide us all, and it is this desire for peace that brings many people to Canada. Every day I'm grateful to be a citizen of this great nation--every day. And I am grateful to be able to play a small role in the very important task of nation-building.
Merci.
:
Mr. Chairman, esteemed members of this committee, it gives me great pleasure this morning to be here with you, and I want to thank you for inviting me to be able to share some views with you in terms of the citizenship process, as well as, perhaps, my qualifications to try to fulfill this great role.
I am, Mr. Chairman, very blessed that about 40 years ago my parents made a decision--I had no part in it, so I will not take the credit--to gather some courage. From a small village in Punjab, India, they wanted to come to Canada. At that time, Mr. Chair and ladies and gentlemen, first of all, we had no money. Secondly, the India reserve bank was going through some problems, and they did not have enough foreign exchange for us to take any money with us, so we basically came with $9 in our pockets.
Since then, Mr. Chair, the family has worked very hard. Certainly the values that my dad's forefathers instilled in him he tried to instill in us to get the best education possible. In fact, if you want to go back--I don't think any of us can personally go back that far--there was a ship in the history of Canadian immigration called Komagata Maru. On that famous ship, or infamous ship, depending on which side of the spectrum you look at, my grandfather, when he was 18 years old, he came to this great land. Unfortunately, that ship was not allowed to dock in British Columbia. In fact, that ship was bombarded by cannons.
He was a very enterprising man of 18 years. Along with three of his friends, they jumped ship in Mexico--this is an untold story. They jumped ship, came back to Mexico, the U.S.A., back to Canada, where they actually worked on the east-west rail connection, along with Chinese friends, along with the Canadians. He was paid 10¢ an hour, whereas so-called Canadians were paid 25¢ an hour.
But I do recollect, just like yesterday--I must have been eight or nine years old--sitting around his cot in the village in Punjab, listening to these great stories of a wonderful land where the land is great and people are respected. One thing he told us, he said, “Rami, get out. Get out, go out, enjoy the world, travel, but before you do, try to learn the language.” So I was very happy that in the winter of 1968 my parents decided to come to Canada, and just like any typical immigrant, first generation--we all go through different stories. I'm sure each one of the members here, either directly or indirectly, either themselves or through their families, has great stories of settlement in Canada.
In fact, the other day, I think it was Friday, when I was holding a court of citizenship, the clerk said to the new candidates, the people receiving citizenship, “Here is a true example in Judge Gill of an immigrant coming in, first generation, settling in, and working hard to perhaps dream, dream big, and enjoy some of the fruits of labour.”
In fact, I was very, very blessed, Mr. Chair and ladies and gentlemen, that I was given an opportunity by the constituents of Bramalea—Gore—Malton—Springdale to represent them as a member of provincial parliament. During my tenure I was very happy to bring forward the largest community hospital in Canada to that riding. So at least there is a legacy.
I'm very, very pleased that I've been given this responsibility and opportunity to serve Canada in this new capacity, and it's my privilege to do my best.
Thank you.
:
I'd be happy to oblige. Consider the figures for 2005-2006. I can speak with some degree of certainty, because obviously, we're talking about statistics and a very large number of applications.
We received a total of 274,697 applications during the 2005-2006 fiscal year. Overall, 231,903 applications were processed. As you can see, the numbers don't add up. We received a total of 274,697 applications and processed only 231,903.
During the 2005-2006 fiscal year, 222,171 applications for citizenship were approved.
A total of 2,576 applications were not approved because the applicants failed to meet the legal and regulatory requirements. In the case of these 2,576 individuals, written decisions were provided to them.
A total of 7,156 applications were withdrawn or abandoned for one reason or another at some point during the processing stage.
:
They had their reasons: either they weren't ready, or they realized that they did not meet the legal requirements. It was a little of both. This is somewhat of a grey area, but the exact figure in this case is 7,156.
Overall, 2,901 ceremonies were conducted. However, a word of caution is in order. Some of these ceremonies were presided over by persons other than citizenship judges.
[English]
A certain number of those ceremonies were not presided over by citizenship judges but by members of the Order of Canada, or people who had been specially appointed by the registrar. The registrar of citizenship has that power, but it is exceptional in an emergency case when a judge is really sick.
We had a case in the province of Quebec on July 1 last year where the Lieutenant Governor got sick and we had to appoint a clerk or an officer to be the chairperson of the ceremony to appoint. The registrar of citizenship has that power on a case-by-case basis.
On the hearings conducted,
[Translation]
a total of 12,994 were conducted.
[English]
We need a hearing when the judge realizes or feels that when he is reviewing a case, a paper review file, he needs more information or there is a doubt. He is not satisfied that the requirements are met despite the exam, despite the documents that he has on file, and 12,994 of them have been conducted. There were 10,418 hearings that resulted in the approval of an application, and 2,576 hearings that resulted in non-approval of an application.
Over and above that--because this is the official figure--we also have judges, and all of our judges are doing what I would call overtime. That overtime involves the kind of promotional activities that they themselves generate. There are not a lot of people who talk about these, and you will not find them in the department literature. These are initiatives that are performed by judges in their communities with community partners to preside over what we call reaffirmation ceremonies, citizenship ceremonies, and so on. This is basically promoting Canadian citizenship principles on a non-partisan basis to all kinds of audiences.
To give you the total of our activities for 2005-2006, there were 305 events that were attended by approximately 58,000 people, with an average attendance of 192. These are activities involving a social club, a Rotary Club, or a school. I myself, for example, visit schools in Gatineau. In grade five they have a course on citizenship as is the case across Canada. I make a point every single year to visit those kids to talk about citizenship, to bring them a passport, to talk about what a refugee is.
As a matter of fact, those classes are becoming a little bit more like the United Nations as we speak. They are the picture of the Canada we will have tomorrow. It's quite interesting to be in a position to talk about those principles, and to also complement the course they already have. There are other activities including organizing special citizenship ceremonies when a parent of a child in that school is getting his citizenship. We are bringing the community and also directing our energy towards Canadians, because it's easy to do that.
Actually, in Canada the people best informed about citizenship principles are those who are in the immigration process. We also take the responsibility for talking to Canadians about citizenship very seriously. That's part of our work here.
:
I think, Mr. Chair, will all due respect it is only coincidence plus the fact that a lot of those appointments happened in Mississauga. We had not only vacancies to fill, but also new positions. Mississauga is one of the fastest-growing offices in the country. I can talk also about Scarborough.
I will give you a clear picture of where the action is as far as citizenship cases are concerned. In Immigration and Citizenship we call it MTV--Montreal, Toronto, Vancouver. The Toronto region receives 100,000 new immigrants every single year. Of course, when they become permanent residents, after a while they want to become citizens. Accordingly, the Scarborough office, the Toronto central office, and the Mississauga office are among the busiest offices in Canada. Montreal is not giving up its place either. My friend George is kept busy, as well, with his colleagues. Vancouver is also a critical place.
Just to give you an idea, over the course of the fiscal year 2005-2006 we were working out of the equivalent of 15 FTEs, which is, in your jargon, full-time equivalents. You probably know that notion better than I. We are now 29, and we are aiming for 37. It's just to basically to show that there's a demand.
The key is that you need the judge. The judge is essential in the process. I've heard a lot of comments from the minutes of your committee about the fact that we are playing mainly an honorific role. Well, I have news for you people. Eighty-five percent of the day-to-day work of a judge is to basically study cases and do administrative decision-making. The nice picture of the judge with the robe is about 15% to 20%, at best, of our time.
We are essential in the process because we have to approve. If you look at the Citizenship Act, you'll see there is one single entity that approves each file--the judge. We are not granting citizenship; the minister is granting. But we do have to approve before the minister grants. Without approval, they're not able to make it.
:
Mr. Chair, the application form is basically part of a citizenship screening process that is now the work in progress. The story of that process basically came from a long time ago, and it has been based on a continuum. To tell you the truth, I had basically inherited the responsibility of managing a screening process or thinking of a screening process in 2004, when a so-called entity called MAC, the ministerial advisory council, was abolished.
If you remember, my colleague Jean-Guy Fleury of the IRB basically started his own process in 2004, and as a result, that body that had been mandated by the past government to overview and make recommendations to the minister was abolished. Their duties were ended and the IRB got its own process. I was then left alone, and I basically had to propose something. Since 2004 I have been in the position of proposing a screening process.
I did start a few things. For example, we did take the responsibility of reviewing the core competency of the citizenship judge position for one single reason. Remember that there was talk of modifying the Citizenship Act. Bill C-18 was basically transforming our role as an official master of ceremonies without decision-making powers, and then there was a definition of the position that was rendered obsolete by the fact that Bill C-18 didn't materialize. As a result, I had also to build up a screening process in order to offer it to the various governments I had to work with, and this process is still not completed.
We have applications, we are screening, we have exams, we have an interview, those types of things, but basically right now I have to get from the current government an imprimatur for that process. I'm working closely with Mr. Harrison on the new device, trying to rationalize things—
Thank you, Judge Simard, for sharing your thoughts and views on the roles and responsibilities of citizenship judges.
There's no doubt that part of your job is to ensure that there is that measure of collegiality among them, and that they're personable and they're able to meet the requirements. Certainly from what I see this morning, you have some excellent candidates for that, and I wish them well and congratulate them, as well, on being appointed. I know at least one was reappointed. I was happy to hear in the general evidence you don't necessarily have to be a lawyer for this position.
Some hon. members: Hear, hear!
Mr. Ed Komarnicki: I am a lawyer myself, but I can say that it's good to see that the qualifying part there is of course the ability to understand, to interrelate with newcomers, to understand the role the judge plays, and to be involved with the community, to a large extent.
I'm also pleased to hear, Judge Simard, that you have a program of education that's ongoing, that takes good candidates and makes them better, normally in the area of language.
It's great to see Ms. Bozzi having several languages and being involved in language training and getting a firsthand experience on the ground. It's good to see that brought to the judges' level, as well.
You have programs in place, and I commend you for that. I think that taking them through some of the administrative issues and so on to be sure that you get consistency is to be commended.
I have some specific questions, of course. You indicated that some of the functions that are not so much ceremonial are the issues related to dealing with the granting of citizenship retentions, renunciations, and the resumption of citizenship. Do all judges deal with all four areas, or are some of the areas reserved for the superior judge, like you?
:
I want to welcome you all, and I am much impressed with what I heard. All four of you were born elsewhere and we have five members of this committee who were born elsewhere, so it's good to see you here.
Certainly citizenship has been one of my areas of great interest over the years. I'm happy to say that we still have citizenship court judges instead of having commissioners, as was proposed by the department. I think that's a battle that we have won.
Five of the members of this committee were part of producing the unanimous committee report on citizenship the last time around, in the last Parliament. We are looking to get re-engaged in that debate so that we can actually come up with a new Citizenship Act, particularly given the fact that parts of the Citizenship Act are unconstitutional. This is the sixtieth anniversary of Canadian citizenship, so it would be proper to actually have a new Citizenship Act that captures the Charter of Rights and Freedoms, which is celebrating its 25th anniversary this year. So all those things come together.
When we debated the whole issue of citizenship—and I remember having the debate with some Conservative members—and we debated the issue about having it done by government and making it a political appointment, I remember telling my colleagues on the other side, when they were in opposition, that it's a good thing to be able to appoint people who have been politically active and who have contributed to the community.
I really hope that in your endeavours you encourage Canadians to be active, be it in voluntary organizations, in the political party of their choice, or in municipal politics, because that is a good thing. I also hope you educate them on the Charter of Rights and Freedoms and what it means, and what it means to live in a democracy like Canada.
Have you been following the debates in Parliament and through parliamentary committees, on the Citizenship Act? If you have not, I would recommend that you do so.
Thanks to all of you for being here today. It was interesting to listen to your introductory remarks and to note some of the similarities, actually, between your job and the job that we do. I mean that in the sense that part of it is substantive and dealing with process and administration, but part of it is what I don't want to call ceremonial in the sense that it doesn't matter, but ceremonial in the sense that, as you said, for the people who come before you, it is a very significant day for them.
I can tell you, as a new MP a couple of years ago, I felt very awkward going to places and standing up, saying, “On behalf of the Government of Canada...”, or “On behalf of Canada...”. I almost felt like a bit of a phony at first and was quite uncomfortable. But I quickly got to the point where I realized it was important to the people in the room, whether it was a 50th wedding anniversary or whether it was a retirement party. I have now become not only quite comfortable doing it, but appreciate the value that those ceremonies have for the people who are involved. So when you talk about reinventing yourself time and time again, I know of what you speak.
There are a couple of issues I want to briefly touch on. The issue of partisan affiliation or having been politically involved in the past has come up today. My sense is that partisan affiliation should neither determine nor preclude political appointment. Someone should not be appointed to something simply by virtue of their political affiliation or their activities in the past.
Having said that, I would go so far as to say it would be absurd to preclude everyone who has been politically active from political appointment. That's a fine line that we need to walk.
The issue really is qualification. I appreciate that the process of appointment of judges has changed. We have a process right now that we would probably all agree is not the perfect process, and we need to move toward that.
Having said that, Mr. Simard, you've been very involved. In your opinion, are the four people sitting at the table with you today qualified to do this job?
:
Thank you, Mr. Chairman.
Earlier, I asked a series of questions, but I must take this opportunity to remark on Mr. Springate's presence here today. As a resident of Vaudreuil-Soulanges, I'm a neighbour of his and I'm well aware of his involvement. We discussed it prior to the meeting. I'm a football fan and one of my cousins, Gabriel Grégoire, was acquainted with Mr. Springate. We brought home the Grey Cup in 1977, with Larry Smith and the infamous snow storms. I'm also getting to know Mr. Springate, the politician. I wasn't very old in 1970, 1973 and 1976. I might not even have been around for the first two elections.
Although I was a member of a different political party in 1976 and 1981, I became acquainted with a wonderful woman whom you also knew, Ms. Denise Cypihot, who is now deceased, She was responsible for the establishment of the Gérald-Godin Cegep. Mr. Springate's contribution to John-Abbott College is also noteworthy. He was responsible for setting up the police technology course. We also have other connections. I worked as a consultant on the 911 system for the City of Montreal. I have ties with the City of Montreal and with the police force. I was also acquainted with Clifford Lincoln and Russell Williams, and served as Pierre H. Cadieux's political assistant. It's interesting to note that in addition to making a contribution as an athlete, you have also made a civic contribution, something that people might be less aware of. When you received the Order of Canada in 1989, I was just starting to work on Parliament Hill. What a happy coincidence to see you here.
I have taken part in ceremonies on two occasions in Montreal. Of course, no one recognized me as an MP and I realized that few MPs attend these ceremonies. Both times, the event had been postponed, but nevertheless people did attend. I was seated and waiting along with the others. Perhaps some thought that I was about to receive my Canadian citizenship. Perhaps this was an isolated incident, but it was a little unfortunate. After all, it happened twice. People who were arriving seemed somewhat lost. I think that citizenship ceremonies should be more than just an administrative gesture. It left somewhat of a bitter taste in my mouth.
Earlier, you mentioned the shortage of judges and your heavy workload. I wonder if this might be the reason for incidents like this. Are you in contact at all with the persons to whom you are granting citizenships, that is with your clients? Do you inquire as to what happens to them after they have received their citizenship or ask them about their impressions of the ceremony? You go all out for the July 1 ceremony, but in my opinion, the other ceremonies come up a little short. I just wanted to mention it because I find it unfortunate.
Ceremonies are also held in Quebec. Do you talk at all about the history of the Quebec nation when you preside over ceremonies in Quebec? The subject has been in the news lately. Do you refer to the Quebec nation in your speeches?
:
I've learned that in the last hour and a half.
Being an elected member--and I was a provincial elected member--allows you to meet, greet, teach, and let others experience what our province, the city they are living in, and the country are about. It's much more than simply staying here in Ottawa, and that's it.
As you know, your busiest times of the week are Friday night, Saturday, and Sunday, where you basically are in their house, their organization or association's house, church, synagogue, mosque, whatever it is. You represent not simply a strict political point of view, but you represent your province, your city, or your country.
As Mr. Devolin said, he was a little ill at ease the first time he said he was representing Canada. I understand that, but that's what the people want to see.
I am very fortunate. I live on the west island of Montreal. Right beside me is an exceptional member of Parliament, and she is like me. She is a community member. I wasn't a House member; I was a community member. There's a tremendous difference, and every one of you knows what that difference is. That experience allowed me, along with the experience I earned in the police force and on television....
I'll put modesty aside. There are very few people who do not know me in my province from the past I've had. No one talks politics to me; they all talk football. I did politics for eleven years; I did five years of pro football. They talk about football because that's what interests them. But that allows me to come close. Yes, politics gets you into that and helps you make other people become better citizens. That's my view of the job.
:
Yes, I have these numbers. Before I get to the numbers, let me just tell you that since you are basically dealing with a prerogative of the governor in council, which is the prerogative to appoint, the screening process basically has to be reassessed from government to government.
I want to tell you that right now this process on my website is under review, and I am not yet in a position to tell you what the state of the art will be in my office tomorrow as far as screening goes.
I am expecting to, and am scheduled to, discuss that with the minister. There is a firm intention on our part to discuss it. I've been informed of that recently. It has to basically go to PCO and to the Prime Minister's Office for approval. This is where we are now.
In terms of the process that has been in place, the result is that I now have for the region of Ontario--and it's fairly small here--28 qualified candidates, plus 20 that are in the process. These are people who placed applications and need to be processed one way or the other, and I still have yet to know what the determination of that discussion will be.
In the Atlantic region we have two persons, two candidates, who have been passing through the various steps, plus two who are in process. In the Montreal region we have three who have passed all the steps, plus two in process, and in the region of western Canada, we currently have five who have gone through the process, plus 20 who are currently within the process.
Through you, Mr. Chair, I had the good fortune of twice being on a trade mission to India, once with the Honourable Pierre Pettigrew and the second time with the Honourable Jim Flaherty. We did have a lot of business discussions as well as contacts.
My specialization has been more in hydro generation. I've had several discussions in places in Punjab and in places in Pakistan and those regions.
Even in the ceremonies that I preside over, I mention to new citizens that they are the best ambassadors for Canada, especially to their countries of origin. They can go back. They know how to deal with them. They know the chemistry. They know the business climate.
Similarly, I was quite involved in consulting in terms of hydro generation--small hydro as well as up to 250 megawatts--and I was quite fortunate that through my efforts, Sithe Energies is setting up a 900-megawatt power plant in Bramalea--Gore--Malton, which I represented, so it was quite fortunate that they also are filling the void of power, of energy, that we all need and can use.
:
Thank you, Mr. Chair. I don't have a question, just a short comment.
First, I want to congratulate all of you on your recent appointments. I'm sure you're fully aware of the responsibility this job brings. In fact it's not a nine-to-five job. I'm sure you're aware it's a responsibility you'll carry with you 24/7.
I've attended various citizenship ceremonies and know their value and the responsibility that is bestowed upon you. It's a great honour, and you are going to be the gatekeepers for Canada. You are going to be the face of Canada, welcoming new members to our extended family.
I've attended various ceremonies, and at one of them there were four MPs, and three of us were born outside of Canada.
To Mr. Gill's comment, the opportunities in this country are immense for the people who seek them, work hard within the rule of law, and respect the norms and traditions of our country.
So if I may, I want to remind you of your responsibility to be humble, compassionate, and firm in protecting our country and welcoming new immigrants.
Many reports tell us that within the next few years, 100% of the growth in labour demands will be supplied by new Canadians. In fact, 50% of our population growth will also be supplied by new immigrants, new Canadians.
So if you would allow me, I want to remind you of the huge responsibility you have, and congratulations on your new appointments.