Publications and Research

Brief on the Proposed Bill C-18: Citizenship of Canada Act
For the Standing Committee on Citizenship and Immigration
Hearing, February 10, 2003

I. Introduction

The Canadian Centre for Victims of Torture (CCVT) aids torture survivors to overcome the lasting effects of torture and war. Working with the community, the Centre supports survivors in the process of successful integration into Canadian society, advocates for their protection and integrity, and raises awareness of the continuing effects of torture and war on survivors and their families. The CCVT gives hope after the horror.

The above mandate prompts CCVT to offer its contributions with regards to Bill C-18: Citizenship of Canada Act. We feel that the Bill should consider, among other things, an exhaustive approach to the Canadian national and international human rights obligations. It should be at par with instrument such as the Canadian Charter of Rights and Freedom, Crimes against Humanity and War Crimes Act, Universal Declaration of Human Rights, UN Convention on the Reduction of Statelessness, the UN Covenant on Civil and Political Rights, Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, and the 1998 Statute of Rome for the International Criminal Court.

In the brief, which will follow, the CCVT has limited its contributions to address areas of Bill C-18 that concern torture survivors. We feel that there are other organisations with expertise in highlighting on other sections of the proposed legislation.

II. Acknowledgement

We strongly feel that the new millennium has created new challenges for our country as one of the leading pioneers of the fundamental rights of humankind. Citizenship is one of the most fundamental rights - the right to have rights. It is official membership in a particular state. Therefore, it is of utmost significance for a free and constitutional state like Canada to be a community of equal citizens. Canada is proud of its global human rights leadership as well as its deep-rooted humanitarian and compassionate traditions. Both these require that our legislators consider special considerations for the naturalization of survivors of war and torture as well as the mentally disabled, seniors, minors and people with permanent disabilities. It is against Canadian morality and its human rights commitments to enact a citizenship law that brings about a brand of two-tiered citizenship. The gap between born and naturalized citizens should be narrowed down; naturalized citizens should not feel discriminated against; the citizenship act should promote a sense of belonging in each and every Canadian regardless of place of birth; no human being should be treated as a "political pariah." Citizenship is a right, not a privilege. Citizenship would be of no value if it could easily be obtained in the first place and be easily revoked or annulled later. While it is important to struggle against violence and terrorism, it should be acknowledged that terrorism is not necessarily an evil external to us. We caution you against any further tightening of Canada's Citizenship Act. He new Bill C-18 has gone too far in its attempt to deal with suspected terrorists. It should be balanced with fundamental Canadian values. Terrorism not only annihilates people and destroys property; it also has an ominous and devastating impact on values. As Canadians, we are facing a great historical ordeal. We must continue to adhere to our most basic principles.

III. Basic Points

Following are the broad areas the CCVT would like the Standing Committee to consider before a clause-by-clause study of the Bill:

1. The significance of Canadian citizenship as a basic right that cannot be granted or taken away in an arbitrary manner. Canadian citizenship should not be approached as an instrument of control against naturalized citizens;

2. The Bill should not only be at par with international human rights standards, but also go beyond them as a gesture of Canadian global leadership on human rights;

3. There should be no discrimination between born and naturalized citizens of Canada as a future guarantee of racial, ethnic and social harmony;

4. Special attention should be paid to the principle of non-refoulement to torture enshrined in Article 3 of the CAT and the ruling of the Supreme Court of Canada on Suresh (2002 SCC-1), which stipulates that "international law generally rejects deportation to torture, even where national security interests are at stake;"

5. The Citizenship Act should guarantee that nobody would remain at risk of statelessness;

6. As a centre working against torture and for rehabilitation of its survivors, we strongly believe that torturers, war criminals and people who have committed crimes against humanity should be prosecuted and punished. Therefore, denial, revocation and annulment of citizenship should not act as a substitute for punishment;

7. Deportation and removal should not be used as a short cut for resolving Canadian security problems. There is a tendency in Canadian Immigration history to keep people in limbo for different reasons including security suspicion. Living in a state of limbo is detrimental to individual health and the psychological health of the society. The Citizenship act should not keep people in prolonged orbit.

IV. Areas that CCVT confirms

In very general terms, Bill C-18 has a comprehensive and holistic approach to the question of Canadian citizenship. The most positive contribution of the Bill, in our view, is its approach to the concept of citizenship. We are proud if the fact that Canada enjoys one of the world's most progressive laws of citizenship. It has liberally and progressively combined both principles of jus sanguinis (personal citizenship or citizenship based on blood relationship) and jus soli (territorial citizenship or citizenship based on the right to be born in a certain country). We are pleased that under Bill C-18, all babies born on Canadian soil as well as those born to Canadian parents abroad are regarded, in principle, as Canadian citizens. We also agree with a three-year waiting period for obtaining Canadian citizenship and find it quite positive and progressive in comparison with many other countries. This is specifically useful for victims of torture who are in danger of retraumatization as a result of living in prolonged limbo. We would like to acknowledge that Bill C-18, which is currently before your respected Standing Committee, is in several points an improvement over Bill C-63. It has, for example, accepted automatic citizenship for children born to refugee claimants. This will definitely contribute towards the CCVT's endeavours in the rehabilitation of its survivors of torture.

V. Areas we oppose

1. We oppose the provisions outlined in Bill C-18 that gives discretionary power to the Minister of Citizenship and Immigration and the Governor in Council to deny, revoke or annul citizenship. As representatives of the Executive, they have acquired the role of the judiciary in certain areas without due process for defendants and leaving any chance for them to appeal negative decisions. Our expertise in dealing with victims of torture and war leads us to believe that it is highly complicated to decide whether citizenship was acquired genuinely or illegitimately. The bill itself has anticipated problems that might arise in this vital area. There are many genuine refugees and torture survivors who are undocumented due to their struggles against their oppressive governments. The genuineness of their documentation could be challenged for many years after obtaining their landed status or citizenship. With the passage of time, they may never find themselves in a position of remembering events of their remote past. In addition, contradiction, evasiveness, lack of concentration, memory loss, and uncooperativeness are common among torture survivors who are suffering from PTSD. This should not result in revocation or annulment of the citizenship of these most vulnerable groups.

2. We note the inadequacy of an effective remedy and lack of access to an independent and competent tribunal for people who will be in danger of losing their citizenship. The bill should have a long-term perspective looking into the possibility of a European-style hard-line minister who receives the Immigration portfolio. Today we have a good-hearted and responsible Minister of Citizenship and Immigration. The country's political atmosphere could be changed down the road. The Citizenship Act should leave no room for abusive or arbitrary decisions. Our experiences show that bureaucrats in Immigration departments are people who enforce the Minister's authority. Concerned with consolidating their own power, some of these bureaucrats may abuse ministerial discretionary power at the cost of the suffering of most vulnerable peoples.

3. In the case of torturers, war criminals and people who have committed crimes against humanity, it is our strong conviction that revocation or annulment of their citizenship should not replace punishment. We do not believe that the deportation of these elements to other countries will per se resolve these global problems. In this context, prosecution should be considered as an utmost priority. Revocation of citizenship could be considered in such exceptional cases when extradition to the country of origin is necessary for the sake of initiating a full investigation and obtaining all necessary documentation. Even in this extreme and exceptional case, the defendant should be guaranteed a meaningful judicial process. There should be utmost vigilance that removal or extradition of this category of people does not lead to their impunity.

4. We believe that renunciation of Canadian citizenship should not similarly be an easy process. It should not leave room for torturers, war criminals and people who have committed crimes against humanity to escape Canadian prosecution and punishment.

5. We strongly encourage transparency of the Citizenship Act. Terms such as "flagrant and serious disregard for the principles of values underlying a free and democratic society" should be clearly defined with concrete examples and provision of specific cases. There should also be recognition that, under a specific desperate situation, mental health patients and victims of severe torture and trauma may unconsciously say something that she or he does not mean.

6. We disagree with the provision that offences committed outside Canada should be treated in the same way as those committed in Canada. Our experiences show that under tyrannical governments, it would be hard to draw a demarcation line between prosecution and persecution. Writers, journalists, artists and human rights activists are normally prosecuted as dangerous criminals and even terrorists.

7. Losing Canadian citizenship will have serious implications for third parties, especially family members. There should be a relatively short period of time (3-5 years) for stopping any action towards annulment or revocation of citizenship if the person accused of wrongful action has acted responsibly and has contributed toward the social, economic, cultural and spiritual uplift of Canadian society.

VI. Our special request

We demand a clear-cut, transparent legislation with special reference to Canadian international obligations, specifically the Convention Against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment, the same way the Immigration and Refugee Protection Act does. With more than 25 years of ongoing services to victims of torture, we specifically request the following considerations:

1. Access to Canadian citizenship for victims of torture and war who are unable to learn either of the Canadian official languages and pass the necessary citizenship examinations due to their PTSD or mental health problems. This, in our opinion, should be mandatory and not left to the discretion of the Minister.

2. Victims of torture and war should also be exempted from acquiring adequate knowledge of Canada.

3. We recommend removal of discrimination, in terms of the residency requirement between landed immigrants and Convention refugees. We propose that Convention refugees become eligible for Canadian citizenship after 3 years, similar to people with permanent residence status.