Media Release: No Celebration for “Lost Canadians” on Citizenship Week

Vancouver – October 10 – 16, 2016 is Citizenship week. Yet for decades, some Canadians have found themselves rendered stateless due to a number of arcane laws. In a press conference with victims of Canada arcane laws, NDP critic for Immigration, Citizenship, and Refugees, Jenny Kwan stated, “It is absurd that as we celebrate this important occasion, a group of ‘Lost Canadians’ suddenly found themselves without status in Canada. What’s more, it’s 2016, why is Canada persisting with a multi-year court case on the strength of a law that the Supreme Court of Canada has already ruled to unconstitutional?”

Mr. Fadi Yachoua, Attorney to Mr. Kyle Lopez explained, “Kyle’s story is a reflection of the saga that continues because of a discriminatory policy base on gender. Even though the Supreme Court of Canada has ruled that there should be no differential treatment between children born to Canadian fathers or mothers, the current Liberal Government is still fighting a multi-year legal battle against Mr. Lopez’s right to assert his Canadian citizenship. “The Prime Minister said he is a feminist. I hope he recognizes that had gender discrimination not existed in the Immigration Act, Kyle Lopez’s father would have been considered a Canadian at birth and he would have been able pass his citizenship on to Kyle. Kyle would not still be in court today fighting for his rights”, said Kwan.

FOR IMMEDIATE RELEASE

October 14, 2016

No Celebration for “Lost Canadians” on Citizenship Week

In the case of Byrdie Funk, a woman who was born abroad to a Canadian parent and has resided in Canada nearly all her life recently found out that she is no longer a Canadian because she turned 28. Funk said: “Canada cannot claim to stand for justice and equality and at the same time ignore the plight of the Lost Canadians. We are your people and we are waiting for this wrong to be made right.”

Don Chapman, a long time advocate on the issue of Lost Canadians said, “I expect that our citizenship laws be fair and equitable - just as Mr. Trudeau promised. Government exists to protect Canadians. We need a Citizenship Act that is Charter compliant but it is not. Not for people like Ms. Funk or Mr. Lopez.”

When asked about “Lost Canadians” while in opposition, now Prime Minister Justin Trudeau said at an event in British Columbia that, “Minister Kenney needs to understand that the principles of Canadian citizenship need to be administered with compassion and openness, and he’s simply not addressing these Canadian issues.” Similarly, Minister McCallum stated, "It is a question of principle...We do not need an additional set of rules that would create two classes of citizen."

Unfortunately, those principles didn't apply when MP Kwan attempted to address some of these legislative deficiencies before committee when Bill C-6 was debated. Most of Kwan’s amendments failed. Kwan is now preparing a Private Members Bill to correct these injustices. The Vancouver East MP said, “On Citizenship Week, let’s remember that these decades old unjust legislative laws have real impact on people’s lives. Canada should be fixing and not contributing to the problem of statelessness”.

-30-

Latest posts

OPEN LETTER: Third Post Office Closure in Vancouver East – Urgent Concerns Regarding Equitable Access to Postal Services

MEDIA RELEASE: Statement on Changes to Express Entry

MP Jenny Kwan Statement on Changes to Express Entry

The recent changes reflect the government’s elitist view that the people who make the most money are the most valuable immigrants. This offensive notion that a person’s worth is determined by their salary does not reflect the values of Canadians. Under this approach, workers who fall below the government’s high-wage threshold risk being left behind, including essential workers, caregivers, health-care workers and tradespeople whose contributions are indispensable to our communities and economy. Their value cannot be reduced to the size of a paycheque.

The government is also creating serious risks by offering up to 100 additional Express Entry points for qualifying high-wage job offers without requiring a Labour Market Impact Assessment, or LMIA. The existing LMIA system has already been plagued by fraud, including the illicit buying and selling of assessments. Removing this requirement without demonstrating that equivalent safeguards are in place raises serious concerns about the integrity of the immigration system. Instead of the LMIA process, individual immigration officers will be responsible for verifying whether job offers are genuine and employers are legitimate businesses. This will place additional demands on an already stretched system, create opportunities for fraud and risk increasing processing times.

There is another fundamental concern: without the LMIA process, the government will no longer assess through that mechanism whether Canadians are available to fill these positions. This is an important tool to assess if there is a genuine need to go outside of Canada to fill these positions.

Canada needs an immigration system that values workers fairly, protects people from exploitation and responds to genuine labour-market needs—not one that privileges high earners while leaving essential workers behind.

The government must establish clear, stable pathways to permanent residency for people already in Canada, including international graduates and temporary workers who have contributed to their communities. Immigration selection should reflect the full range of Canada's labour needs, not simply prioritize higher-wage occupations.

We are seeing a pattern of policy lurching on immigration from the Carney government that is creating confusion and chaos for people navigating the system. International students, temporary workers and families make major decisions about education, employment and their futures based on government rules. When those rules repeatedly change, people are left wondering whether their investments and contributions will still count. The government cannot keep moving the goalposts and expect people to plan their lives with confidence. Canada needs a coherent, long-term immigration strategy with predictable pathways, clear objectives and fair transition measures. The immigration system has gone backwards under the Carney government. This government has directly caused chaos on the immigration file.

OPEN LETTER to Immigration and Public Safety Minister on Palestinian study visa applications

Despite promises that processing would be completed in 10 days, more than 130 Palestinian students accepted into Canadian universities remain trapped in extreme delay, with some losing their admissions or risking their lives while waiting.

I issued an open letter calling on Ministers Lena Diab and Gary Anandasangaree to immediately address this crisis. The government must apply existing flexibility rules for biometrics in Gaza, conduct a second review of rejected applications relying on generic refusal reasons, and establish a dedicated mechanism to ensure fair, individualized, and timely decisions.