We're going back to the year 1868, when the first form of Canadian identity came into play. It was called the Canadian Nationals Act. It was written by the British, and almost all British colonies had the same language. This is the language that we're working on today: “married women, minors, lunatics, and idiots, shall be classified under the same disability for their national status”.
Now, I want you to remember that citizenship didn't actually begin until January 1, 1947. It was the first time that women had the right of citizenship, but they had less rights than men.
You're seeing this with Mr. Neal and all of these cases of major gender discrimination, things that have been through the Supreme Court of Canada and are currently being ignored by the citizenship minister. These were unanimous Supreme Court decisions, saying that you can't do this—and we're doing it. In the case of Mr. Neal, his mother was not recognized as a Canadian for 44 years.
In testimony before the Senate five years ago, I mentioned the Benner case, which was Benner v. Canada. I mention this case in particular because it dealt with gender discrimination.
It said that the 1947 Citizenship Act was blatantly discriminatory and contrary to the Charter of Rights and Freedoms, and that all foreign-born children of a Canadian parent had the right of Canadian citizenship. What was being done was that Canadian women could not pass citizenship on to their children, while Canadian men could. That is what happened to Mr. Neal.
So I made the comment that, based on the Benner decision, a unanimous Supreme Court decision that said all foreign-born children of a Canadian parent had the right of citizenship, therefore, had I been born outside of Canada, I would be a Canadian and so would my children. Every senator sat scratching their head, saying, “This makes no sense, because now we're discriminating against Canadian-born children.”
A week after I made that testimony, Patricia Birkett, acting director general of Citizenship and Immigration Canada, came to the Senate. She said they were terminating the Supreme Court decision.
That's something that's really interesting to me. For five years, you've gone completely contrary to the Supreme Court.
There was another court case, Babcock v. Canada, that came in after this. They upheld the Supreme Court decision.
At the same time, we have major gender discrimination going on today. So not only was he denied citizenship, but now his daughter is being denied citizenship based on gender. Jacquie's case is based on gender. Marcel was born in Canada to a Canadian mother and a U.S. father.
Now, we can go back to gender discrimination. The mother of , who was immigration minister, was stripped of her status because she married an Italian. That used to be the law. If we go around this table, I can tell you that in the 1940s, Asians, Indo, and native aboriginals couldn't vote in this country. There were a lot of bad laws, and we're operating right now with one.
Bill is a wonderful bill. I'm sorry I don't have the time to go into it. I'm the head guy behind this bill. I know all the ins and outs. I know where you have to go and how you can correct this bill, very simply, for second generations born abroad and everything else, but we don't have the time go into it.
Right now, this government and, in particular, this immigration minister, are not doing justice to the reputation of this country.
This magazine is two years old. It's the Refugees magazine. It comes from the United Nations Commission on Human Rights. It talks about the strange, hidden world of the stateless and the countries that make their people stateless. And every country in here is a third world country, except for this country, dead centre, called Canada. Did you know they compared Canada's human rights record with that of Zimbabwe, Vietnam, and Bangladesh?
We are the lost Canadians, and there are 10,000 of us. The Department of Homeland Security just came out and said there were 240,000 of us just in the U.S.—and that doesn't count the children produced by lost Canadians, or the children of children.
We know as a fact that there are upwards of 200,000 just in Canada. Marlene Jennings—I see her name over there--got questioned on whether she was a Canadian, and, I can tell you, probably she was not. She took out an Italian passport in January of 1977. That would cancel her citizenship.
What Ken was trying to say is that there are two little girls here, cousins. His daughter is being denied citizenship because his daughter's connection is through his mother, a woman. The cousin is being welcomed into Canada because the connection is through a man.
Marcel Gélinas was born in Canada in 1922. As I say, he took, if you will, his father's identity. The United States gave him citizenship. He didn't know this. He was a soldier in World War II. Although he happened to be in the United States, he went to war. He didn't care; he just signed up and went to war and fought. Apparently, today they're denying him citizenship, based on the fact, saying “You're not Canadian”.
This man, Guy Vallière, died just two or three months ago. He was a Canadian soldier born in Canada. He fought for Canada, and he was denied citizenship. He died disenfranchised from his own country, despite the fact that on camera with the CBC on April 10, just over a year ago, Diane Finley said we will grant subsection 5(4) citizenship grants to all these lost Canadians. She said, “It is the right thing to do for the right reasons.”
We have Jacquie, who's about to go to judicial review against the Government of Canada. Yet we have the Conservative government saying that in the Taylor case, which is the exact copy of Jacquie's case—we've already won it, and ended up settling before a Supreme Court decision—it would cost tens of billions of Canadian taxpayer dollars to settle this case. She's about to go to judicial review.
I've tried to meet with this he won't call me. I tried to call Mr. Dykstra; no return phone calls.
I'm an airline pilot. We go into accident investigation, such as Air France's, as to why something happened. The minister or Mr. Dykstra need to meet with me. We can fix this in a matter of weeks.
One person, and only one person, was granted a subsection 5(4) citizenship grant as promised, and that was the last remaining World War I veteran. The reason he got it is that I met with one of the leaders...the former leader of the opposition, at the time the Conservatives, and he went to the Prime Minister and said, “This could really hurt us”, because, see, the Prime Minister took a lot of flak for not flying the flag at half-mast over Parliament when soldiers died.
Well, the last remaining World War I soldier is an American. He left Canada in 1920. When Bill was passed, so that this man would have a state funeral, there were 90,000 signatures from the Dominion Institute.
To make sure this would not be a black mark, with a Prime Minister saying we cannot give this man a state funeral, they did every bit of paperwork in 21 days.
In the meantime, we have 71 people remaining, of whom 65 were the wrong religion, so they were denied citizenship based on the religion. We were promised that these people would get in. I'm here to hold you accountable, to say, “Come on, folks.”
If you ever want the real history of this bill, I've been at it since I was 18, and I'm going to be turning 55. I am the guy behind this. I have worked with ministers all over the place in this, and I have never worked with a minister of this low quality.
On April 17, 2009, a new law amending the Citizenship Act came into effect granting Canadian citizenship to certain people who lost it due to lack of provisions in the act. The citizenship is automatic and retroactive to the day the person was born or lost citizenship, depending on the situation. The recognition of these lost Canadians as citizens is overdue, and reflects well on Canada’s humanitarian reputation and traditions.
The new act draws the line of what constitutes a lost Canadian at second- or later-born-generation Canadians. While such grandchildren and great grandchildren of Canadian citizens would no doubt like to hold onto their rights to citizenship, we must draw the line somewhere as to who is a Canadian. We demean what being Canadian means by giving this privilege to so-called citizens of convenience, who wish to benefit from Canadian citizenship without offering this country anything in return, unlike those who were born here, reside in this country, or choose it as their adopted homeland.
Louis LaFontaine, the great co-founder of the union that would eventually lead to our Confederation, had this to say about being Canadian when addressing his electors at Terrebonne in 1848:
Canada is the land of our ancestors. It is our country as it must be the adopted country of the different peoples which come from around the globe, to make their way into its vast forests to build their homes and place their hopes. Like us, their paramount desire must be the happiness and prosperity of Canada. This is the heritage which they should endeavour to transmit to their descendants in this young and hospitable country. Above all, their children must be like us, Canadians.
This historic statement clearly outlines that the requirement for being Canadian is to have the paramount desire for the happiness and prosperity of Canada, and this heritage should be transmitted to future generations. To me, Canadian citizenship is not a family heirloom that can be passed on indefinitely from generation to generation. It comes with a price tag that increases its intrinsic value.
The granting of Canadian citizenship allows the holder access to Canada’s social and economic benefits, and should parents of the second generations have no links to Canada, they should lose this privilege. Canada is not a convenient safe harbour for someone who has tenuous links to this country. We have to draw the line for the future of our country, and people who do not have a connection to Canada should not benefit from the advantages that citizenship brings.
What is talked about in whispers in dark corridors is the rampant abuse of our citizenship by those who really don’t care about our home and native land; people who several generations later claim a right that is so tenuous, but want Canada’s socio-economic advantages as a right. I do not wish to point out any particular group, but I guess we have all heard of this happening. This marriage of convenience must stop or it will drain our country of our economic strength.
I support Bill with some caveats. My concern is the several countries around the world that, in spite of the fact they employ Canadians as temporary labour, do not bestow statehood on newborns, resulting in a generation that could be stateless in principle. This would be more critical if both the parents were Canadians. The fact that they have Canadian ancestry should allow them to have Canadian citizenship. This is the humanitarian engagement and compassion that Canada is famous for around the world. In the United Kingdom, the Home Secretary may register a child of parents who are British by descent as a British citizen under discretionary provisions if the child is stateless. However, I have been given to understand by a CIC spokesperson that in such a case, the parents can apply for a grant that would allow the child to get Canadian residency.
As a contracting state to the United Nations Convention on the Reduction of Statelessness, Canada should make efforts to ensure that the provisions for stateless would-be Canadians are clear and not cumbersome for officers making decisions on such cases. Uncertainty around this issue could lead to inefficiencies and backlogs in the courts on such decisions.
The bill also states that government workers and Canadian Forces personnel are exempted from the second-generation clause. I propose that this be extended to people working with Canadian non-profit organizations, and charities like the Red Cross.
My name is Jacqueline Ellis Scott, and I am still a lost Canadian. I have been fighting for five years to be able to legally say I'm a Canadian citizen.
I was born in England in 1945 to a Canadian serviceman father and a British war bride mother. Mum and I joined my father in Toronto in January 1948, prior to the suspension in March 1948 of government-sponsored travel for war brides and children of servicemen. PC 858 allowed for deferred or delayed entry if a medical condition would prove dangerous or unsafe for an individual to travel. I had such a condition that was corrected just before leaving for Canada.
My crime is that I was born out of wedlock. I was never told of the circumstances of my birth. I found out on my own several years later. For my and my parents' generation, it was a stigma to have a child, or to be born, out of wedlock, and it was never a topic of discussion. It was kept secret.
My parents married in May 1948, and remained married until my father's death in 1995. Because of the discrimination of my birth, CIC is discriminating against me based on gender, labelling me “illegitimate” even in today's society, contrary to Federal Court orders issued in cases that have been appealed and won because of this type of discrimination. If the gender discrimination perpetuated by the marriage penalty is corrected, as ordered by the courts, then my citizenship is by right of descent through my father.
I grew up in Canada, was educated, worked, paid taxes, married here. My daughter was born in Toronto as a Canadian citizen, as are my grandchildren. My parents are buried here. I voted in Canadian federal elections. Tell me, don't you have to be a citizen to vote? By allowing me to vote, wasn't Canada affirming the fact that I am Canadian?
I never had any reason to doubt my Canadian citizenship. All my family, including my mother, who was naturalized in 1955, is Canadian. I was never told that I was anything but, and I was, and still am in my heart, a proud Canadian. I take pride when I hear the Canadian national anthem. Canada will always be my home. It's where my heart is and it's where I feel connected, yet CIC says I have no substantial ties to Canada. It should review paragraph 16(b) of the 1993 citizenship regulation criteria before it makes that statement.
In 2004 I applied for my citizenship certificate. In 2005 I received a denial of that application based on the fact that I was born out of wedlock. I wanted to hide that letter. The shock, the embarrassment, the shame I felt cannot adequately be described: it was demeaning. In 2008 I applied for a special grant of citizenship, and again, in a letter received in March 2009, signed by Stephane LaRue, was denied for the same reason.
Canada prides itself on not discriminating. Isn't this discrimination and denial of my rights under the Charter of Rights and Freedoms? Justice Mosley stated, in allowing Augier's appeal in 2004, that it is demeaning and prejudicial to deny benefit to citizenship through his Canadian father, simply because he was born out of wedlock. He declared paragraph 5(2)(b) to be unconstitutional. Why is CIC blatantly violating and discriminating, dismissing a court order?
In 2004 the minister did not comply with the order of the Federal Court to amend paragraph 5(2)(b) of the 1985 act, to include the words “or a father who is a citizen” and remove the phrase “born out of wedlock”. Since the minister at that time did not comply with the order of the Federal Court, will remedy this omission?
Not until 2005, when I was first denied my citizenship certificate, had I ever been told that I was not a Canadian citizen. During that application process, I learned of and saw for the first time a landing document including me. In Benner, it was ruled that in applying section 15 of the charter, it's the time an application is first considered and right to citizenship is denied. That being the case, since I was first denied in 2005, my charter rights are being violated by CIC. Applying the charter is neither retroactive nor retrospective.
My situation is similar to that of Joe Taylor's. Where we differ is that I remained in Canada from the age of two until well after my 24th birthday, and he and his mother returned to England when he was still an infant. Therefore, I should not be subjected to the lost provision in the act, as he was. He was given a special grant of citizenship in 2008 with the passage of Bill C-37. I believe he is possibly deemed a Canadian citizen from 1947.
Why was I denied by CIC? Why is Joe Taylor now a citizen and I'm not? Why isn't honouring the promise made by to handle those cases not covered by Bill C-37 via subsection 5(4)?
Mr. Kenney recently said that he believes individuals want Canadian citizenship so that they will have the convenience of a passport. That word “convenience” is his and not mine.
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They still have people who are stateless. The first second-generation born-abroad stateless person that we know of is coming up in Austria. Austria does not confer citizenship. I was behind the scenes in the implementation of this bill. We did not want the second-generation born-abroad issue attached to this bill, but it got attached, and it was take it or leave it. Now that it's there, the provision.... And the gentleman you'd want to call in, too, is a gentleman by the name of Mark Davidson. He's now a DG of another department, but Mark was in on this.
The issue was that if a child was born in a country that didn't confer citizenship, let's say, Greece, Japan, and so forth, Canada, or one of the countries, immediately would come in and give that child citizenship based on the United Nations Convention on the Reduction of Statelessness. What came out was quite different. It's now saying that you bring your child back to Canada--and it becomes quite an issue to bring a stateless child across borders--the child will live in Canada for three years, and then the child can have citizenship.
Although, wait a minute, that's making the child an immigrant Canadian: this is completely contrary to the United Nations convention. It's totally wrong. Basically, if somebody, as in this case, is stateless, you can make them a citizen in three weeks. The Prime Minister proved that with the last remaining World War I veteran. End of story: it should be done right now.
There are major problems. Let's say, for instance, that we have a mother whose father happens to be elderly and living in the United States. The father is dying. This mother has a stateless child in Canada and can't leave the child to go take care of the father, because the child can't cross borders.
These are major problems and there are easy, easy, fixes. There are ways that were introduced into this bill to take care of this problem.
I have one last thing. One of the big things that was promised was that the Senate said, “If we agree to Bill , you will give us a new citizenship act and start working on it”. It was promised and it has not come through.
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I am the director of TDH pour les enfants Quebec and TDH Ontario. I'm a clinical psychologist, and I've worked in adoption since 1974. I've personally supervised about 2,000 adoptions in that time. My husband and I have five children, four of whom are adopted, two of them internationally. I've seen a number of changes to the immigration process over these years.
Some years ago, removal of the restriction that adopted children were subject to medical screening in the same way as other immigrants was a recognition at least that these children had similar status to birth children. But the adoption community was still acutely aware that there was a huge difference between the way adopted children were perceived in terms of immigration practice and the way that their natural-born counterparts were. If a Canadian parent gave birth to a child overseas, that child was immediately recognized as a Canadian citizen, but a child adopted by Canadian parents overseas had to follow much the same procedure that any immigrant would follow, except that the application was fast-tracked so it was not so long.
In the eyes of the adoptive parents, the process that they had to go through meant that Canada still considered their adopted children to be less than fully their children. Still, our adopted children were expected to become Canadian citizens and live productive civic lives to the benefit of themselves, their families, and Canadian society in general. Recently, the Citizenship Act of 2007 resolved the long-standing issue of felt injustice for adoptive parents. The process that they had to undergo in order to obtain Canadian citizenship for their child was now closer to the automatic citizenship granted to children born to Canadian parents overseas by the introduction of the process of what now is called the direct citizenship route.
Thus it was with great enthusiasm that we welcomed this law that came into effect in December 2007, which at last recognized the equality of adopted children to birth children and gave them the right to apply for immediate citizenship. The prerequisites were simple. One of the parents needed to be a Canadian citizen, and the adoption had to be a legal adoption recognized by the Canadian province in which they were resident. The process was eagerly embraced by parents, and to date we as an agency have had some 100 children come to Canada under the new direct citizenship route, and perhaps 200 others in application for the process.
It came as a great shock and disappointment to learn that within months after the coming into force of this welcome new law, a bill was introduced, passed, and received royal assent, a bill that would take away the full privilege granted by the law of 2007 and create two tiers of citizenship. Any adopted child whose parents would follow the direct citizenship route would lose the right to pass on that citizenship under circumstances that were not extraordinary: giving birth to or adopting a child outside of Canada.
The unexpected attack on these children by the new legislation has somewhat stunned us. We feel that we have been misled and betrayed by the government, that our adoptive children are being unjustly and unfairly discriminated against. We firmly believe that these current prescriptions of the law are contrary to the rights of their parents as Canadian citizens. The recently implemented changes to the immigration legislation were made under circumstances that tend to make it more difficult to note, much less interpret, their far-reaching implications for adopted parents and children.
Thus, I am here to request that the Canadian Parliament rectify what we all hope was an inadvertent negative effect on the rights of adopted Canadians. The purported reason for this new law was in part to prevent generationally passing on Canadian citizenship to those who had no significant investment in the economic, cultural, and social life of this country. But in the case of adopted children, this is far from the truth. Such a child may come to Canada as an infant and a Canadian citizen, spend his or her childhood, adolescence, and young adulthood in Canada, and then for any number of reasons that could affect any of us, this young Canadian has a child outside of Canada and finds that this child is not to be considered a Canadian citizen, or worse, may find that the child is stateless. This is not only unjust, it is disrespectful and even cruel treatment of these children who have grown up as Canadian citizens trusting in fair treatment from their government. It makes them second-class citizens.
The impact of the new legislation is to threaten and restrict the activity of adopted children who will be in the active workforce within the next two decades. Under this new legislation, it would be ill-advised for children adopted by Canadian parents since April 17 to take jobs in Canadian corporations, universities, and educational institutions, NGOs, international organizations such as the UN, and other positions of significance in the world. Yet exceptions are made for diplomatic and military positions. If any of these people dare to take jobs overseas, move there temporarily, and either have or adopt a child while in that foreign country, their child will be deprived of his or her full citizenship rights. That is unfair, discriminatory, and arguably contrary to the Canadian Charter of Rights and Freedoms.
The new legislation creates two-tier citizenship in Canada, a concept that is repugnant to most Canadians.
My name is Allan Nichols. I'm the executive director of the Canadian Expat Association. I'd like to thank the committee for inviting me to appear before you to speak about Bill .
To place my comments in the proper context, I'd like to briefly tell you a bit about the Canadian Expat Association.
The association is a non-governmental, not-for-profit community linking all Canadians living abroad. Canadians can now connect through the association, regardless of where they work and live, wherever they are in the world. Since opening its doors in the summer of 2007, the Canadian Expat Association has offered opportunities for members, in both French and English, to play a key role in representing Canadian expats, who until now have had no collective voice.
The association provides a platform for Canadians so that they can have access to and network with established Canadian clubs and business organizations around the world. It provides Canadians with useful information and analysis to ease the transition when they move and live abroad or when they return home. It assists Canadian business organizations and NGOs in promoting their activities to Canadians around the world. It acts as an advocate, working in partnership with businesses, NGOs, and federal, provincial, and territorial governments to promote the value of Canadian expats and to highlight their cultural and economic contributions. The association works to develop and foster relationships and to build partnerships with these various actors.
The goal is to internationally promote Canada and its most valuable resource: its people. The association currently represents approximately 1,000 people and a number of leading Canadian businesses. Efforts are under way to actively build its membership and to expand its profile overseas and across Canada.
An estimated 2.7 million Canadians are living and working abroad, nearly 9% of the total population of Canada. In fact, billions of dollars in bilateral trade can be directly and indirectly attributed to these Canadian expats who are involved in businesses around the world. Canadian expats are recognized as being in some of the most successful and influential networks, and as a direct result of their efforts, Canada is benefiting economically, culturally, and politically.
Canadians living and working abroad are linguistically adept, culturally articulate, and internationally mobile. They represent all regions of Canada, and most still identify Canada as their home. The experiences, knowledge, and networks of contacts these Canadians bring back have great value and have a profound impact on the country and on the economy.
I would like to now focus my comments on Bill . While the intention of the bill is to limit the granting of Canadian citizenship to those who may not have ties to this country, we feel that the bill can be improved upon so that Canadians with significant connections will still be recognized. Let me explain.
It is our understanding that the current bill potentially limits the freedom of Canadian citizens to pass on their heritage. As members of this committee are well aware, we live in a highly mobile world. Canadians are seeking and finding opportunities around the globe and are returning with significant skills and investment. However, these achievements could be limited if there were a possibility that future generations would not be eligible to claim their Canadian heritage.
Canadians who have children abroad now have to contend with the possibility that their grandchildren might not meet the requirements of Canadian citizenship. Let me give you an example. A person decides to work abroad and begins a new stage of life by starting a family. This person then returns and raises children in Canada. Those children grow up and are active individuals who contribute to Canadian society. However, the opportunities for those children could now be limited if they want to start their own families. The children, if born abroad, will not be granted Canadian citizenship.
While we agree with the intention of Bill to protect the value of Canadian citizenship, the example I have outlined is an unfortunate and unintended consequence. When approximately 2.7 million Canadians are living and working abroad and providing tangible benefits to Canada, it does not make economic or cultural sense to put a limit on the opportunities for future generations.
We would recommend as the solution what other countries have worked out. For instance, the United States and Australia have faced the same dilemma. Their solution was to establish a residency provision for those children born abroad. In essence, such provisions recognize de facto their established citizenship and do not take their birthplace into account when it comes to their own children. A solution such as this would satisfy the notion that these people have meaningful ties to Canada.
Once again, thank you for inviting me to Ottawa. I'd be glad to now answer any questions you may have.
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I'll begin by saying that Children's Bridge is the largest international adoption agency in Canada. Our members were very encouraged when Bill C-14 was introduced, as it allowed their children to become Canadian citizens once the adoption was finalized. The majority of adoptees from abroad are under the age of three years old, and, as one father says, “My daughters are no longer Chinese citizens. Canadians are who they are.” Clearly they are not people who are Canadians of convenience.
At this point in time, the Children's Bridge has received the following expressions of concern from its members. There are different rules depending on how one became a citizen—in other words, there is a two-tiered citizenship process in Canada. Children born overseas who come to Canada through the citizenship route will not be able to pass their citizenship onto their children if their children are born outside of Canada. If these same children came to Canada via the sponsorship immigration process, they would be able to pass along their citizenship. A person born in Canada is able to pass on Canadian citizenship. It is understood that if one of the parents of a child born outside of Canada were a natural-born Canadian or a naturalized Canadian, then the child would be a citizen. These rules constitute discrimination and are a human rights issue. They thus will justify a constitutional challenge.
The idea of a two-tiered citizenship process is confirmed by the writing of the rules, which specifically identify adopted persons. This is a clear targeting of a specific group and grants fewer rights to this group than to other Canadians. It is difficult to see how specifying this group serves any intended purpose.
Some children could find themselves stateless if they were born in a country where citizenship was not granted to those born in a country to parents of a different nationality. Some examples are Switzerland and the Bahamas.
A few examples of the types of struggles our families are facing are below:
Our family travels to Switzerland on business and it is real for our family that our grandchildren could become stateless.
Should I switch from the citizenship route for adoption to immigration? I phoned immigration and they told me they have never heard of this themselves.
Our children already face discrimination. They already need to integrate into a mixed race family and culture. When they grow up they will then find out that in fact their children do not have the same rights to citizenship as their nieces and nephews whose parents were born here.
We have two levels of citizenship in our own home. Some family members who were born in Canada and/or adopted domestically and other family members whose children could potentially become stateless or who may need to sponsor their own children to become Canadians.
The impact this is having on the adoption process is that families are not taking advantage of Bill C-14, although it was a very welcome piece of legislation when it was introduced. They're opting more often to go the sponsorship route. This route has much faster processing times and will allow their grandchildren, no matter where they are born or who the other birth parent is, to be Canadian citizens.
One may argue that the number of people affected in the future will be small. Within the adoption community, we have families who travel or who have homes overseas. Their children may be involved with trips back to their birth countries; these children may ultimately work outside of Canada; there are many scenarios. It is not at all inconceivable that they would marry someone not born in Canada or that they would not give birth outside of Canada, even though their ties to Canada are very strong and it remains their home.
The federal government has a responsibility to all its citizens. In trying to right a wrong, our children's children pay a sacred price: they could be stateless. We need to speak for our children, who are not old enough to speak for themselves. We also need to be a voice for families who are very concerned and confused at a time in their lives that's already stressful and full of anxiety as they prepare for international adoption.
For the adopted persons who come to Canada through the programs where adoptions are finalized in-country, we need to be assured by our government that their children and grandchildren will have the same rights to citizenship as their brothers and sisters who were born in Canada.
Thank you.
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Let me start by saying that the Adoption Council of Canada is the only national organization representing the voices of adoptees, birth parents, and adoptive families across the country. We're thankful to have been invited today and to have been asked to share our concerns about how Bill affects the citizenship rights of adoptees.
We're concerned with the unanticipated impact of Bill C-37 as set out in the regulations. The new law that came into effect on April 17, 2009, limits Canadian citizenship to the first generation born to Canadian parents living outside of Canada. This law was supposed to streamline and simplify the citizenship process for internationally adopted children. Instead, this legislation takes away citizenship rights for some of these children. Adoptive parents across Canada are concerned that these regulations create two types of citizens with different rights, those who are adopted being relegated to an inferior class of citizenship under the bill.
The law was originally drafted to prevent Canadians of convenience--i.e., families who pass on citizenship over several generations without ever living in Canada. However, in attempting to solve this problem the government has created regulations that are confusing and create inequities for internationally adopted children.
Douglas Chalk, executive director of the Sunrise Adoption Centre and member of the Adoption Council of Canada states, and I quote:
...the government has reduced the citizenship rights of some internationally adopted children, and effectively created a lesser class of citizenship for them. Was this really necessary? It feels like a sledgehammer was used to kill a flea.
Sandra Scarth, president of the Adoption Council of Canada, also notes, and I quote, that “the original intent of the legislation as we understood it was to simplify the citizenship process to treat children adopted abroad more equitably” rather than create yet another inequity.
What upsets adopting parents most is the notion that their children will have a lesser class of citizenship. In effect, this law discriminates against children adopted internationally. Adoptive parents do not want to feel that their children are second-class citizens. Adoptive parents in Canada are losing their tolerance for being discriminated against. Resentment at the inherent discrimination against adopting families, which is built into the EI legislation, has been simmering for the past decade. Now these families face a new law that discriminates against their children.
The Adoption Council of Canada is dismayed that the provisions of the Citizenship Act, which came into effect in April, create two-tiered citizenship. Our adopted children, Canadian citizens who will have lived almost their entire lives in Canada, will not have the same rights as other citizens born in Canada, even those in their very own family. They will not be able to pass on their Canadian citizenship to any of their children who may be born abroad.
The Adoption Council of Canada urges the government to rethink these provisions and find a solution that does not limit the rights of citizenship for internationally adopted children.
Thank you.
I'm an adoptive parent and a past board member of the Children's Bridge Foundation, which is the charitable arm of Children's Bridge.
I'd like to thank the committee for the opportunity to speak here today on a subject that's very important to me, my family, and thousands of other Canadian families with adopted children from other countries.
Canada, of course, is a nation of immigrants. Haitian-born Michaëlle Jean came here as a child refugee some 40 years ago, and now serves as Canada's 27th Governor General. Countless other immigrants, whether famous or not, have made significant contributions to their adopted country. They've served in Parliament, started companies, taught in schools, created art, policed our streets, grown our food and infrastructure, and raised civic-minded families.
I too immigrated here from the United States in 1976. To me, Canada represented multiculturalism, equality, justice, multi-party democracy, progressive social policy, and a voice of reason in an increasingly hostile world. I worked as a journalist here for nearly 30 years, and in that time I have never regretted my decision to become part of this great country. But lately I have been troubled by some aspects of Bill , which ostensibly and laudably restores citizenship rights to so-called lost Canadians, but also perhaps unintentionally creates two-tiered Canadian citizenship.
My Canadian-born wife, Pamela, and I have two daughters. Bridget, born in Toronto in 1990, who will be entering her second year at the University of Western Ontario this September, and Nina, born in Zhangjiagang, China, in 1998, who is a grade five student at Clinton Street Junior Public School in Toronto. Nina, thankfully, is not subject to Bill , and has the same citizenship rights as her Canadian-born sister.
I'm here today to speak for the thousands, perhaps tens of thousands, of other children who will not be so fortunate.
When Canadians adopt internationally, they give their children their surname, their love, their emotional and financial support, and their citizenship. With the passage of Bill , however, thousands of foreign adopted children become second-class citizens. Unlike their Canadian-born siblings and friends, they've been stripped of the right to pass on Canadian citizenship to their own children born or adopted abroad.
To make matters worse, this deplorable situation seems to hinge on the mere method by which these foreign adopted children acquire Canadian citizenship in the first place. One group of children who come to Canada on a permanent resident visa and subsequently obtain citizenship through naturalization are not subject to Bill . In other words, they're considered first-class citizens with the rights that most of us here enjoy. However, a second group that acquires citizenship by grant through direct route, the most popular method since December 2007, are subject to Bill C-37. In other words, they become second-class citizens with no right to pass on their Canadian citizenship to future generations born or adopted abroad.
My question is, why? What possible reason could the framers of this bill have to distinguish between these two groups of adopted children? Commenting on the intent of the bill, Canada's Minister of Citizenship, Immigration and Multiculturalism, Jason Kenney, has stated that the government wants to limit the right of citizenship to “those people who have some kind of enduring presence or commitment to Canada”.
If so, what's the evidence that the second group of children, the foreign adopted ones who acquired citizenship through the direct route, will not have an enduring presence or commitment to Canada? Are they more likely than other Canadians, such as Liberal Party of Canada Leader Michael Ignatieff, to live abroad for vast periods of their lives? Are they less likely than other Canadians, such as the 40% or so who don't even both to vote in federal elections, to be committed to this country?
I'd like to remind the committee that many countries, including China, revoke the citizenship of a child upon foreign adoption. If these adopted children are not Canadian, then what are they? Their only national allegiance is to their adopted country.
I've come here today to respectfully ask you to right this injustice. In attempting to bolster the value of Canadian citizenship, Bill diminishes the rights of many foreign-adopted children. In so doing, it tarnishes Canada's international reputation as a champion of human rights.