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Bill C-24, Strengthening Canadian Citizenship Act (French: Loi renforçant la citoyenneté canadienne) was tabled in the second session of the 41st Parliament by Canada's Minister of Citizenship and Immigration, Chris Alexander, under the leadership of Conservative Prime Minister Stephen Harper. The bill was introduced as an amendment to the existing Citizenship Act and was passed into law after receiving Royal Assent on June 19, 2014.

Bill C-24 includes major changes to fundamental citizenship processes including the application and approval processes, in addition to changes to other aspects of the Citizenship Act. These changes have been the subject of intense controversy across all sides of the Canadian political spectrum, particularly after federal elections were scheduled to be held in October 2015. The new law found itself at the forefront of media attention once again after the Conservative government announced plans to revoke the citizenship of Zakaria Amara and Saad Gaya – Canadian citizens convicted of terrorism-related offenses in connection with the so called “Toronto 18”.

Objective and Notable Changes

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The amendment’s official summary is as follows:

This enactment amends the Citizenship Act to, among other things, update eligibility requirements for Canadian citizenship, strengthen security and fraud provisions and amend provisions governing the processing of applications and the review of decisions.[1]

In order to enforce this objective, Bill C-24 has implemented several new citizenship requirements and expanded government power to grant or revoke citizenship. In a 2014 commentary on the bill, The Canadian Bar Association (CBA) highlighted the following notable sections:

Grants of Citizenship

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  • Applicants must be physically present in Canada for at least 183 days in each of the four calendar years that are fully or partially within the six years immediately before the date of application[2]
  • Applicants must file a tax return in accordance with the specifications of the Income Tax Act[3]
  • Applicants must demonstrate an intent to reside in Canada if granted citizenship, including an implied provision not to leave Canada within a specified time frame[4]
  • Applicants must take the citizenship knowledge test in one of Canada’s official languages[5]

Expanded Government Powers

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  • Process of granting citizenship is relegated departmentally and to the authority of individual officers[6]
  • The scope of those subject to citizenship revocation is expanded to include all those born in Canada presumed able to claim citizenship in another state through one of their parents[7]
  • Grounds on which citizenship may be revoked is significantly expanded based on the rational of loyalty to Canada or perceived Canadian ideals[8]
  • Minister is able to suspend citizenship applications and other proceedings while additional information or evidence is gathered, effectively delaying the processing of applications[9]
  • Increased regulation of representatives authorized to practice citizenship law[10]

Limitation of Rights

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  • Elimination of the right to a Federal Court hearing and appeal for those subject to revocation of citizenship, except in limited circumstances; in other cases, the Minister of Immigration of Citizenship will make decisions without being required to hold a formal hearing.[11]

Legislative Process

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Stage House of Commons Senate
Introduction and First Reading February 2, 2014 June 16, 2014
Second Reading and Referral to Committee May 29, 2014 June 17, 2014
Committee Name Standing Committee on Citizenship and Immigration Standing Senate Committee on Social Affairs, Science and Technology
Committee Pre-Study - June 18, 2014
Committee Report and Vote June 4, 2014 June 18, 2014
Third Reading June 16, 2014 June 19, 2014
Royal Assent June 19, 2014

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Politics and Controversy

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Politics

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Bill C-24 was introduced by the Conservative Minister of Immigration and Citizenship, Chris Alexander[13]. With the Minister's party gaining 166 seats in 2011 federal election[14], the bill found sufficient support to warrant its passing, in spite of harsh criticism from the New Democratic Party (NDP) and the Liberal Party of Canada. A May 2015 government press release focused on terrorism and foreign fighters, specifically ISIS, as the primary motivating factor behind the bill.[15] It went on to highlight the collaborative nature of Bill C-51 – the new Conservative Anti-Terrorism legislation introduced in January 2015 – and Bill C-24.[16] Minister Alexander was quoted in the release:

"Our Government knows that there is no higher purpose for any government than to ensure the safety and security of its citizens and we have never been afraid to call jihadi terrorism exactly what it is. That is why we are taking steps to confront the ever evolving threat of jihadi terrorism by revoking citizenship of dual nationals who have been convicted of heinous crimes against Canada such as terrorism, espionage for foreign governments or taking up arms against Canada and our brave men and women in the Canadian Armed Forces. Our Government’s changes to the Citizenship Act will ensure that those who wish to do us harm will not be able to exploit their Canadian citizenship to endanger Canadians or our free and democratic way of life."[17]

Opposition party leader, Thomas Mulcair vowed to repeal Bill C-24 at a Toronto campaign event leading up to the October 2015 election. Mulcair accused Stephen Harper of playing a “dangerous game” stating,[18]

"By pure coincidence the timing of these things comes right in the middle of an election campaign. Give me a break. This is a political game being played on the backs of all Canadians who have different origins than ‘old-stock Canadians’ and I’m going to stand up against it."[19]

Liberal leader, Justin Trudeau had also promised to repeal the bill stating in a leaked recording that it “‘exemplifies’ the Conservative approach to politics and that Liberals staunchly oppose it.”[20] Trudeau denounced the amendment as a devaluation of Canadian citizenship when made conditional upon good behaviour. The Liberal leader expressed his faith in the existing justice system stating that acts of terrorism or other offenses outlined under the Strengthen Canadian Citizenship Act were appropriately punishable by life imprisonment sentences. He added “a ‘plane ticket to Syria’ is not the same kind of punishment.”[21]

Controversy

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Bill C-24 quickly became a mainstay issue in the lead-up to Canada’s 2015 elections. In addition to facing political opposition, notable civil rights groups including the British Columbia Civil Liberties Association (BCCLA)[22] and the Canadian Bar Association decried the bill as weakening the democratic value of Canadian citizenship and cited “serious concerns about…the Bill and recommend significant changes.”[23] More pressingly, concerns over the creation of a “two-tiered” citizenship system were noted.[24]

According to the BCCLA, the bill effectively grants “first-class” citizenship to only those Canadians who are born in Canada, who do not have another nationality, and are not eligible to apply for another nationality; this group of individuals can never lose their citizenship regardless of the nature of any potential crimes committed. Conversely, the BCCLA states that those with another nationality or those eligible to obtain another nationality are relegated to “second-class” citizenship; even if they were born in Canada, this group can have their citizenship stripped under the new law. Additional concerns regarding an expansion of the list of punishable offenses resulting in loss of citizenship under Bill C-24 were also expressed.[25] In light of these concerns, the BCCLA and the Canadian Association of Refugee Lawyers (CARL) have launched a formal constitutional challenge on the grounds that Bill C-24 violates the Canadian Charter of Rights and Freedoms.[26]

A petition created one year ago on Change.org calling on individuals to commit to repealing the Act garnered nearly 120,000 supporters and was famously promoted by Canadian literary icon, Lawrence Hill.

See Also

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References

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  1. ^ "Bill C-24, 41st Parliament, 2nd Session". Parliament of Canada. Retrieved 2016-02-14.
  2. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. p. 2. Retrieved 2015-11-01.
  3. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. p. 2. Retrieved 2015-11-02.
  4. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. pp. 2–3. Retrieved 2015-11-02.
  5. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. p. 3. Retrieved 2015-11-02.
  6. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. p. 3. Retrieved 2015-11-03.
  7. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. Retrieved 2015-11-02.
  8. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. p. 3. Retrieved 2015-11-03.
  9. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. pp. 5–6. Retrieved 2015-11-03.
  10. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. p. 6. Retrieved 2015-11-03.
  11. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. p. 6. Retrieved 2015-11-04.
  12. ^ "C-24: Status of the Bill". Parliament of Canada. Retrieved 2015-11-01.
  13. ^ "Bill C-24 (Historical) | openparliament.ca". openparliament.ca. Retrieved 2015-11-05.
  14. ^ "Electoral Results by Party". www.parl.gc.ca. Retrieved 2015-11-05.
  15. ^ Canada, Government of Canada,Immigration, Refugees and Citizenship (2015-05-29). "Canada News Centre - Archived - Protecting Canadians". news.gc.ca. Retrieved 2015-11-05.{{cite web}}: CS1 maint: multiple names: authors list (link)
  16. ^ Canada, Government of Canada,Immigration, Refugees and Citizenship (2015-05-29). "Canada News Centre - Archived - Protecting Canadians". news.gc.ca. Retrieved 2015-11-05.{{cite web}}: CS1 maint: multiple names: authors list (link)
  17. ^ Canada, Government of Canada,Immigration, Refugees and Citizenship (2015-05-29). "Canada News Centre - Archived - Protecting Canadians". news.gc.ca. Retrieved 2015-11-02.{{cite web}}: CS1 maint: multiple names: authors list (link)
  18. ^ "NDP Leader Tom Mulcair vows to repeal Bill C-24 that can revoke citizenship". www.cbc.ca. 2015-09-27. Retrieved 2015-11-04.
  19. ^ Peritz, Ingrid (2015-09-27). "Mulcair accuses Harper of playing a 'dangerous game' after timing of revoked citizenship". The Globe and Mail. Retrieved 2015-11-04.
  20. ^ Maloney, Ryan (2015-09-28). "Terrorists Shouldn't Be Stripped Of Citizenship: Trudeau". The Huffington Post. Retrieved 2015-11-04.
  21. ^ Maloney, Ryan (2015-09-28). "Terrorists Shouldn't Be Stripped Of Citizenship: Trudeau". The Huffington Post. Retrieved 2015-11-06.
  22. ^ McQuigge, Michelle (2015-08-20). "Citizenship law Bill C-24 challenged as unconstitutional by civil rights groups". The Globe and Mail. Retrieved 2015-11-05.
  23. ^ "Bill C-24, Strengthening Canadian Citizenship Act" (PDF). www.cba.org. The Canadian Bar Association: National Immigration Law Section. April 2014. Retrieved 2015-11-04.
  24. ^ "Challenging Misinformation: Canadian Citizenship Law Explained". BC Civil Liberties Association. 2014-05-31. Retrieved 2015-11-06.
  25. ^ "It's official – second class citizenship goes into effect". BC Civil Liberties Association. 2015-06-03. Retrieved 2015-11-06.
  26. ^ McQuigge, Michelle (2015-08-20). "Citizenship law Bill C-24 challenged as unconstitutional by civil rights groups". The Globe and Mail. Retrieved 2015-11-07.