On Wednesday, February 15, 2017, CIJA’s Director of Policy, Noah Shack, testified before the Senate Committee on Social Affairs, Science, and Technology on Bill C-6.
You can watch Noah’s testimony here.
Testimony [CHECK AGAINST DELIVERY]:
Thank you Chair and Honourable Senators for the opportunity to be here, representing the Centre for Israel and Jewish Affairs – the advocacy agent of the Jewish Federations of Canada, regarding Bill C-6.
Canadian citizenship is one of the most valued and highly respected in the world, but it is not just a prestigious status one acquires. It is based on a set of core values, designed to ensure dignity, freedom and equality for all – a carefully balanced set of rights and responsibilities that we all cherish.
Despite the “None is Too Many” policy of the 1930’s and 1940’s that prevented those fleeing the Holocaust from finding safety on Canadian shores, Jews have made a significant, positive contribution to Canada throughout our country’s history, like so many other groups whom we join in full-hearted appreciation of the opportunity and privilege inherent in being Canadian.
As some of you may be aware, February is Jewish Disability Awareness and Inclusion Month, a global initiative to highlight the importance of accommodation and inclusion for people with disabilities within Jewish communal life, and a focal point around which to demonstrate Jewish leadership on this important issue beyond our own community.
Within this context, I would like to note our appreciation for the amendment to bill C-6 that will update Section 5 of the Citizenship Act to include ministerial discretion with regard to accommodating the needs of citizenship applicants with disabilities.
Unfortunately, barriers remain within Canadian immigration laws that have made it difficult for people with disabilities to come to reside Canada in the first place.
Currently, under Section 38 of the Immigration and Refugee Protection Act, a foreign national can be rendered inadmissible on health grounds if they might reasonably be expected to cause excessive demand on health or social services.
This provision has been applied unfairly to people with disabilities, ignoring the myriad positive contributions they make to Canadian life.
To maximize the impact of the amendment to Section 5 of the Citizenship Act contained in C-6, a complementary amendment to Section 38 of the Immigration and Refugee Protection Act should be considered.
Retaining a physical presence standard in determining residency requirements for citizenship is an important principle maintained by C-6. This can enhance integration and decrease marginalization of new immigrants, and, as the former Minister of Immigration, Refugees and Citizenship mentioned, can also help to counteract the problem of citizens of convenience.
CIJA also supports the retention of basic language and knowledge testing provided for in C-6. Coupled with physical presence, this can have a significant impact on counteracting the importation of anti-Semitic or other extremist views that are rightly confined to the fringes of Canadian society, but are unfortunately still prevalent in other parts of the world.
However, there have been issues related to religious accommodation with regard to testing. Many religiously observant Jewish Canadians are unable to take the required tests during the Jewish Sabbath, which lasts from sundown on Friday until nightfall on Saturday.
It has been our experience that many of the language testing facilities only offer Saturday testing. In some cases, individuals or groups have been able to negotiate an accommodation, but this has been inconsistent.
In Ottawa, for example, there are only two organizations that administer the language test. Both conduct the testing on Saturdays.
A local couple, hoping to become Canadian citizens, was told by one organization that it would take a number of months to reach an accommodation, and that it might be best to travel to another city. The other organization had a single Thursday test date… in August – eight months after their inquiry.
Following the involvement of the Minister’s office, this couple was registered for a test in the spring. While we certainly appreciate the intervention and assistance of the Minister’s staff, this is a problem that needs to be addressed in a systematic way. Insufficient access to testing should not form a barrier to citizenship.
Immigrants are among the most dedicated shapers of this country – a source of cultural vitality and economic strength. Jewish Canadians are proud to have played a part in Canada’s immigrant story, coming to this country from all over the world for more than 200 years.
We appreciate that C-6 will once again allow time spent in Canada as a temporary resident to count toward the residency requirement for citizenship, particularly with regard to international students.
Those who come to Canada to advance their education, knowledge and skills while simultaneously integrating with Canadian peers would seem to be ideal candidates for citizenship. We should not place any unnecessary obstacles in their path.
We are pleased that C-6 does not seek to repeal C-24’s streamlined provisions for revoking citizenship from those who obtained it through fraud or misrepresentation.
These provisions consolidate a process that has been routinely abused by those who hid their Nazi past when coming to Canada.
The ongoing case of Helmut Oberlander is a timely example.
Oberlander was a member of a savage Nazi mobile killing unit, responsible for the murder of more than 90,000 Jewish men, women and children.
When he applied for entry to Canada in 1954, he misrepresented his wartime past and fraudulently obtained Canadian citizenship.
Oberlander has avoided the final revocation of his citizenship and removal from Canada by exploiting a flawed system for more than 20 years.
This ongoing experience demonstrates the need for C-24’s revocation provisions to be retained.
The commitment of successive governments to revoke Oberlander’s citizenship is much appreciated by our community, with the current government most recently seeking leave to appeal the Federal Court of Appeal’s latest decision regarding Oberlander to the Supreme Court.
While this initiative was unsuccessful, we are hopeful that the Minister of Immigration, Refugees and Citizenship will continue to press forward so that justice, though delayed, will not be denied in this case.
With regard to the revocation of citizenship more broadly, CIJA articulated a supportive position when testifying on Bill C-24 with regard to the revocation of citizenship from Canadians who commit certain offences, such as terrorism offences.
This position reflected our belief that in the case of certain, particularly egregious crimes the perpetrator is guilty of a fundamental betrayal of the core values on which Canadian citizenship is based in addition to the particular crime they are convicted of.
Our support for this provision reflects a desire to address not just the crime, but also the grievous offence to Canada and Canadian identity that has taken place.
This is why we advocated for the revocation provisions to be extended to those convicted of war crimes, crimes against humanity and genocide as well.
The government has articulated a different position on this issue, and we respect the mandate they have received to do so and the arguments for why the law should not distinguish between dual nationals and other Canadians.
However, we encourage members of the committee to reflect on the serious nature of the offence committed by Canadians who perpetrate these heinous crimes to the institution of citizenship, and consider how our society can best respond to this affront to our values and identity.
Thank You.