Migration law to face significant update
The Liberal government’s update to immigration law is poised to be changed by the Senate after a major amendment was introduced.
Elaine McCoy, who acts as a “facilitator” for a de facto caucus of independent senators, tabled the amendment during debate over the third reading of Bill C-6.
If someone is served notice their citizenship is being revoked due to fraud or misrepresentation, the amendment requires the immigration minister to inform them of their right to appeal that decision in Federal Court.
Under Conservative legislation that took effect in May 2015 (referred to as Bill C-24), the process for citizenship revocation was significantly streamlined, and revocation notices have since ramped up significantly. The National Post reported last month that at least 236 people were served notice since the Liberals took power in November 2015.
Under the new process, people can submit written arguments as to why their citizenship should not be revoked, but there’s no clear option to have these arguments assessed by an independent judge.
It’s a loophole that many committee witnesses, in both the Commons and the Sen- ate, argued should be fixed with the Liberal update. In the House, New Democrat MP Jenny Kwan attempted to move amendments but they were ruled out of scope at committee stage.
It’s in the Senate that proponents hoped to see the fix. Previous immigration minister John McCallum told senators he would “welcome” such an amendment, but new minister Ahmed Hussen said in Senate committee last week he would have to see the amendment before promising the government would commit to it — although “we are committed to procedural fairness.”
McCoy said the amendment is designed to give people “due process.” It puts decision-making back in the hands of the elected and accountable minister, she said, and allows the independent judiciary to review those decisions.
“This amendment is not going to fix everything, but it goes a long way,” McCoy said.
It’s been a “labour of many, many months,” the bill’s sponsor, Ratna Omidvar, added Thursday. The amendment is four pages long and determines exactly how the process would work — the “bare bones of due process,” Omidvar said, including a 60-day deadline for people to decide whether or not to take their appeal to court.
Debate was adjourned Thursday and the Senate now enters a two-week break, meaning votes on the amendment and the bill can’t happen until at least the week of March 28. If the Senate passes an amended version, the House of Commons will have to decide whether or not to accept the amendment before the bill can become law.
Most of C-6 has to do with repealing controversial elements of Harper legislation, Bill C-24 — including the provision that allows Canada to revoke citizenship from dual citizens convicted of terrorism, treason or espionage.