Bill C-63: Proposed Changes to the Citizenship Of Canada Act an Attack on Immigrants and Refugees

by Kathryn Camfield
New Socialist Magazine, September - October 1999


Last December, Minister of Citizenship and Immigration Lucienne Robillard presented Bill C-63 to the House of Commons, proposing significant changes to the Citizenship of Canada Act. Through the ÊmodernizationË of the Act, the Ministry conveniently scapegoated and criminalized immigrants and refugees for alleged abuses of the system, without providing any evidence that problems are mounting or that applicants are at fault.

Many of the changes to the Act are disturbing, including giving civil servants (who will replace Citizenship Judges) more sweeping powers in granting and denying citizenship, giving the Minister the power to annul citizenship, and stronger sanctions against those who commit crimes related to the application process.

The Ministry’s official rationale for changing the Citizenship of Canada Act is that the current act (dating back to 1977) contains sections which are unclear, inconsistently applied and open to abuse. Along with the previously mentioned changes, the new act is supposed to strengthen the value of citizenship, clarify certain sections, and implement a new administrative structure.

Many proposed changes to the Act put applicants from non-Western countries at a disadvantage. When Bill C-63 was first introduced, it included an increase in language requirements. Under current legislation, applicants must be able to demonstrate a knowledge of Canada and details of citizenship responsibilities and privileges with the help of an interpreter. With Bill C-63, applicants would have had to demonstrate not only "adequate" language skills in either English or French but also knowledge of Canada and citizenship in one of these two languages. This proposal was clearly biased against applicants from non-English or French speaking countries and those who could not access language lessons for whatever reason (some refugees are unable to focus on learning a new language due to torture experienced prior to arrival in Canada). Fortunately, due to vocal opposition, this proposal has been removed from the Bill.

Means of losing citizenship and rejection of applications are greatly enhanced by the proposed legislation. If Bill C-63 passes, crimes committed outside of Canada in the past by applicants would be treated on par with those committed in Canada. Applicants convicted of crimes which are not considered such in Canada (e.g. union organizing or fighting for women's rights) could be denied citizenship. The amount of time that those who are deemed a "threat to the security of Canada" (a highly subjective and nebulous concept, which is undefined in the Act) would be prohibited from applying for citizenship for five years, as opposed to the present two.

Similarly the Governor in Council would have the authority to deny citizenship when there are "reasonable grounds" to believe that "it would not be in the public interest for the person to become a citizen" (public interest is again not defined). This is a change from current legislation, which contains the idea that citizenship is a right and not a privilege, given that a person meets criteria, regardless of other circumstances.

One of the most offensive aspects of the proposed legislation pertain to those who obtain citizenship on the basis of false self-representation or concealment of information (e.g. criminal history). Regardless of whether or not a person is aware that they have done so, an applicant could have his or her citizenship annulled by the Minister up to five years after it has been granted, should evidence of this come to light. Children or others who are granted citizenship because of another's (e.g. a parent's) citizenship status, would also lose their status. There would be no means of appeal, aside from a review of the Minister's actions in federal court. This power of annulment is entirely new and is in addition to the currently existing power of the Minister to revoke citizenship.

These are only a few of the proposed changes to the Citizenship Act as outlined in Bill C- 63 which are grossly unjust and racist. When examining Bill C-63 along with the proposed changes to refugee and immigration policy and legislation, as outlined in the Ministry of Citizenship and Immigration's document "Building on a Strong Foundation into the 21st Century", the overall trend is reinforced. The Ministry is attempting to make it increasingly difficult for the poor, refugees, immigrants and women from non-Western countries to attain not only full citizenship status, but from becoming landed immigrants and permanent residents in the first place. Socialists, along with other members of the immigrant and refugee community and social justice groups, must fight to oppose these proposed changes and send a clear message that attacks on immigrants and refugees will not be tolerated.