39th PARLIAMENT, 1st SESSION
EDITED HANSARD • NUMBER 078
CONTENTS
Friday, June 1, 2007
Citizenship Act

Mr. Ed Komarnicki (Parliamentary Secretary to the Minister of Citizenship and Immigration, CPC):

Mr. Speaker, I am pleased to speak to Bill C-14, a bill designed to address a provision in the Citizenship Act. This bill reduces the distinction between natural born children of Canadian citizens and foreign born children adopted by Canadian citizens.

Every year Canadian parents welcome into their families children born in another country. These adoptive parents are Canadian citizens. The adopted children become part of a family, but their parents must complete yet another step before their children can officially be part of the Canadian family.

We are talking about the adoption of foreign born children, often barely out of infancy. Our government believes that Canada should welcome them as warmly as their adoptive family.

This government is taking action through Bill C-14 to grant citizenship to foreign born adopted children without their first having to become permanent residents. We promised to support Canadian parents who adopt foreign born children. We promised parents that we would grant citizenship to their adopted children if the adoption met the requirements of the bill which will protect the best interests of the child and Canada and which recognizes the jurisdiction of the provinces and the territories. This legislation, Bill C-14, delivers on these promises.

We need to make it easier for Canadian parents to obtain Canadian citizenship for their foreign born adopted children whether the parents reside in Canada or abroad. We need to give children adopted overseas access to citizenship without first having to apply for permanent residence. And we need to show Canadians that we want new families to be able to come together as quickly as possible.

The legislation before us today is the product of extensive study and consultation. This issue has been examined by several standing committees in previous sessions of Parliament.

Parliamentarians support the principle of this legislation, but most important of all, Canadians support the principles of this legislation. At the same, if we are to fulfill our duty as parliamentarians, we must remove the amendment to Bill C-14 referred to in the motion which adds an appeal to the Immigration Appeal Division for adopted persons only whose application is refused under the provisions of Bill C-14.

There are jurisdictional issues that are of significance. It is important to remember that in Canada the matter of adoption falls within the jurisdiction of the provincial and territorial governments.

In the case of adoptive parents living in Canada, the province or territory where the parent resides is an integral part of the adoption process. Bill C-14 as it was originally drafted does not alter or interfere with that. However, the introduction of the proposed amendment to create a separate appeal mechanism has the potential to undermine the role of the provinces and territories as the competent authority in a receiving country.

The Department of Citizenship and Immigration has consulted with the provinces and territories on the implications of the proposed amendment. In general, they are very concerned that the inclusion of the Immigration Appeal Division as a separate appeal mechanism will usurp their authority by permitting the granting of citizenship on humanitarian grounds.

I would like to quote from a letter received from the Quebec minister of immigration and cultural communities voicing the province's strong objection to the adoption of this amendment. The letter states that the authority of IRB members could interfere with Quebec's constitutional jurisdiction with respect to civil rights, as members could, in some cases, grant citizenship to a child whose adoption may not comply with Quebec requirements according to Quebec's international adoption authority. The letter also states that in addition to the constitutional issues raised here, such a decision would have a major impact on the individuals involved. It goes on to say that if an adoption is not recognized in Quebec, then a new parent-child relationship cannot be established and a pre-existing parent-child relationship cannot be terminated.

If the Immigration Appeal Division grants citizenship to the adopted child without the province approving the adoption, there is a real concern that a child could be in the province as a citizen without a legal parent. We must remove the proposed amendment to ensure that this bill respects the jurisdiction of our provinces and our territories which are partners in this issue.

The proposed amendment to Bill C-14 to add a mechanism for an appeal to the Immigration Appeal Division for adopted children only would, if passed, create a discrepancy within the Citizenship Act. It would create a separate appeal mechanism only open to a select few.

For programs to work well, they must be fair and apply consistently. The current Citizenship Act has an appeal mechanism in place for the Federal Court system. The introduction of an alternate appeal mechanism in the case of adopted children would not enable us to maintain fair and equitable citizenship programs.

This government recognizes that Canadian citizenship is valuable. We have a responsibility to protect it and make sure it is granted appropriately. I can assure hon. members that we have taken note of the concerns that were identified through our consultations and we are taking action that is necessary to address them.

This bill addresses the possibility that some individuals may seek to adopt children merely to help them acquire citizenship, so-called adoptions of convenience, adoptions that are taken for no other reason than to acquire status in Canada. However, if the proposed amendment is allowed, Bill C-14 would no longer be able to guard against adoptions of convenience in the same way.

We designed Bill C-14 to maintain a number of safeguards to deal specifically with these concerns and to ensure that Canadian citizenship is protected. The safeguards include the existence of a genuine parent-child relationship, and that relationship must be demonstrated. It must be clear that the best interests of the child are met. A proper home assessment must be completed where applicable. The birth parents must give their consent to the adoption. No person will achieve unwarranted gain as a result of the adoption, or it will not be allowed. The proposed amendment does not contain these safeguards.

In conclusion, Canada is diligent in maintaining the integrity of the citizenship process and in protecting children. We must act in the best interests of the children and in the best interests of Canadian families who have opened their hearts and their homes to provide love and opportunity to the children.

Let us all support the efforts of Canadian families. I urge all members of the opposition to do the right thing and support the deletion of the immigration appeal division amendment, so as to ensure that this bill respects the jurisdiction of our provincial and territorial partners and can be passed without further delay, so the process is open to those who wish to proceed with adoption and have it confirmed by citizenship upon the adoption being granted.