Thursday, December 12, 2024

The Standing Senate Committee on Social Affairs, Science and Technology has the honour to table its

THIRTY-FIRST REPORT

Your committee, which was authorized to examine the subject matter of Bill C-71, An Act to amend the Citizenship Act (2024), has, in obedience to the order of reference of Thursday, November 28, 2024, examined the said subject-matter and now reports as follows:

Bill C-71 would amend the Citizenship Act to establish an expanded citizenship framework for certain persons i) born abroad to, or ii) born abroad and adopted by, Canadian citizens beyond the first generation, and restore citizenship to persons who lost it as a result of previous citizenship legislation, commonly known as lost Canadians.

This bill is a response to the December 2023 decision from the Ontario Superior Court of Justice (Bjorkquist et al. v. Attorney General of Canada). This decision declared that the existing provisions in the Citizenship Act that limit citizenship by descent to the first generation born abroad, contravene the mobility and equality rights provisions in sections 6 and 15 of the Canadian Charter of Rights and Freedoms (the Charter). These provisions in the Act are thus unconstitutional and, as such, have no force or effect. The Court suspended its declaration of invalidity until December 19, 2024, to give the Government of Canada time to amend the Citizenship Act.

With consideration to the impending court deadline, on November 28, 2024, the subject matter of Bill C-71 was referred to your committee for a pre-study, with instructions to report its findings to the Senate within two weeks. Your committee therefore received limited witness testimony and did not have enough time to seek additional clarity from stakeholders and government officials on this important piece of legislation. Your committee examined the subject matter of this bill over two meetings, hearing testimony from the Honourable Marc Miller, P.C., M.P., Minister of Immigration, Refugees and Citizenship and departmental officials, in addition to six stakeholders.

Your committee heard broad support for the substantial connection test proposed by Bill C-71.

Concerns around equity and consideration of rights guaranteed by the Charter dominated much of the other limited testimony that was received. The Minister of Immigration, Refugees and Citizenship stated that, if Bill C-71 is adopted, the Citizenship Act will be in full compliance with the Charter for the first time in its history. While some stakeholders agreed that the bill addresses the exclusions of the current Act, others cautioned that inequities in recognizing citizenship may persist, including violations of Charter rights.

In particular, concerns were raised by some stakeholders about the requirements for recognizing the citizenship of the children of internationally born adoptees. Your committee heard diverging perspectives on this point and, therefore, encourages the Government of Canada to engage with relevant stakeholders to further investigate this issue and consider amendments to the bill, if required.

Your committee also acknowledges the overall complexity of the Citizenship Act and suggests that careful consideration be taken at each step of the legislative and implementation processes relevant to this bill to prevent future lost Canadians and further violation of Charter rights.

During his testimony, the Minister of Immigration, Refugees and Citizenship informed the committee that the Government of Canada is seeking an additional extension to the court deadline.

Respectfully submitted,