Question: Senate Amendment to Bill C-6 – An Act to Amend the Citizenship Act

Honourable senators, I’m going to revert to practice and my question will be to the Leader of the Government in the Senate, Senator Harder.

Today the Federal Court decided a very important case that weighs in on our work. The case is Hassouna et al v. The Minister of Citizenship and Immigration. It challenged the government’s citizen revocation process. Madam Justice Jocelyn Gagné ruled in favour of the litigants and struck down the relevant sections of the Citizenship Act. She found that the government’s process to revoke citizenship on grounds of fraud or false representation violated a constitutional statute. The decision confirms that the Senate was correct and the government’s process does not comply with the Bill of Rights, section 2(e).

Four key principles outlined by Justice Gagné are all found within the Senate’s amendments to Bill C-6.

Will the government respect the Senate’s amendment to restore due process?

Hon. Peter Harder (Government Representative in the Senate): I thank the honourable senator for her question. Indeed the judgment of the Federal Court is an important one. The minister is reviewing the judgment and will, at the appropriate time, come forward with specific comments.

With regard to the question and the amendments put forward by the Senate, as senators will well know from both the presence of the former minister and this minister as well as committee consideration of Bill C-6, the government expressed its openness to receive amendments with respect to right of review. The government is considering the Senate bill, as amended, and will be making a decision very shortly.