CIMM Committee Report

LIST OF RECOMMENDATIONS

RECOMMENDATION 1

The Committee recommends that the government meet its commitment to update Canada’s citizenship laws by tabling a new citizenship act within two weeks of the return of the House of Commons in the fall of 2005.

RECOMMENDATION 2

A new citizenship act should contain a preamble that reflects important Canadian principles. Some suggestions include:

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There must be equal treatment of Canadian-born and naturalized citizens;

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There should be no “probationary” citizenship status;

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The legislation should enhance English and French as the official languages of Canada;

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The legislation should recognize the contributions of the Aboriginal peoples of Canada and the need to preserve and develop their cultures;

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Citizenship should be seen as a right for those who qualify, rather than a privilege;

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Citizens must understand and obey Canada’s laws, in particular the Canadian Charter of Rights and Freedoms;

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Citizens should participate in the democratic political system;

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Citizens should care for our heritage and protect the environment;

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All determinations under the Act should be made by an independent decision-maker in a judicial process free from political influence; and,

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Rights come with citizenship, but also responsibilities.

RECOMMENDATION 3

A child born abroad to a Canadian parent should automatically acquire Canadian citizenship.

RECOMMENDATION 4

Children adopted by Canadian citizens should be entitled to Canadian citizenship without first obtaining permanent resident status or meeting a residency requirement, provided it is a bona fide adoption and the requirements of the Hague Convention on Intercountry Adoption are met.

RECOMMENDATION 5

When a citizenship application for an adopted child is refused, a full appeal on the facts and law should be permitted in Federal Court.

RECOMMENDATION 6

Before being eligible for citizenship, applicants should acquire three years of residence in Canada. Residence should be defined as actual physical presence in the country with exceptions being permitted for people who are:

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outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or, in the case of a child, their parent;

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outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province; or

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outside Canada accompanying a permanent resident who is their spouse or common-law partner or, in the case of a child, their parent and who is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

RECOMMENDATION 7

There should be no limit on the amount of time within which the three years of residency should be accumulated.

RECOMMENDATION 8

People who are granted refugee or protected person status should be given full credit for every day in the country from the time they initiated their claim. Failed claimants who are subsequently permitted to stay on humanitarian and compassionate grounds or as a result of a positive pre-removal risk assessment should be credited for their time in Canada from the date they submitted their H&C or PRRA or application.

RECOMMENDATION 9

Applicants for citizenship should be required to pass an exam to demonstrate their knowledge of Canada. Exceptions to this requirement should be permitted for the elderly, refugees suffering from post-traumatic stress, people with learning disabilities and others who would face similar challenges.

RECOMMENDATION 10

Applicants for citizenship should be required to demonstrate an adequate knowledge of one of Canada’s official languages. The Minister of Citizenship and Immigration should continue to have the power to waive this requirement on compassionate grounds for individual applicants.

RECOMMENDATION 11

Citizenship judges should be maintained and their duties should continue to include presiding over citizenship ceremonies and exercising discretion in respect of questions of residency and adequate knowledge in the granting of citizenship.

RECOMMENDATION 12

The Government of Canada should develop skills and competence-related criteria for all government appointments, including citizenship judges, and these criteria should specifically address the non-partisan nature of these appointments. The criteria for citizenship judges should be submitted to the Committee for consideration and approval, with amendment if necessary. The names and background of each nominee for appointment should then be referred to the Committee prior to the date of their appointment, with an explanation of how each nominee has met the established criteria.

RECOMMENDATION 13

There should be no “public interest” provision in the legislation that would permit Cabinet to deny citizenship to otherwise qualified applicants.

RECOMMENDATION 14

The prohibition section of the new citizenship act should contain a timely process to address outstanding foreign charges and convictions to ensure that they are not abusive or the result of an unfair judicial process.

RECOMMENDATION 15

The government should place a notation on the citizenship certificates issued to citizens who are the second generation born abroad to inform them that their status ceases to be valid when they turn 28, unless an application for retention of citizenship is approved by the Minister of Citizenship and Immigration. As for those who have already received a citizenship certificate without such a notation and who face a loss of citizenship, the legislation should provide for special consideration of their cases — taking into account whether they were aware of the requirement to apply for retention of citizenship — in order to alleviate any hardship that might result.

RECOMMENDATION 16

Citizenship should not be denied to those applicants who qualify in every other way except the ability to pay a fee for their application. There should be no fee for the application to be naturalized as a citizen.