wm
加入时间: 2004/02/14
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作者：wm 在 罕见奇谈 发贴, 来自 http://www.hjclub.org
这篇文章我还没看，不过当时看了新闻网站的一篇文章，就明白了。
OTTAWA, October 31, 2002 -- The Honourable Denis Coderre, Minister of Citizenship and Immigration, tabled a new citizenship bill in the House of Commons today. The proposed legislation reasserts the rights and freedoms of Canadians and reinforces the responsibilities associated with being Canadian and the importance of a strong commitment to Canada.
"As stipulated in the Speech from the Throne and following the implementation of the new Immigration and Refugee Protection Act, it is time to update the Citizenship Act. Canada's citizenship law has not changed since 1977, and we need to modernize it to reflect the realities of today's world," said Minister Coderre. "The bill tabled today defines the essence and meaning of Canadian citizenship and the values it represents. Further, the proposed changes would complement the Immigration and Refugee Protection Act."
"Canadians have asked for citizenship legislation that requires potential Canadians to make a strong commitment to this country. We have listened to these concerns, and they are reflected in this bill," said the Minister.
The citizenship bill proposes that:
a greater emphasis be placed on existing Canadian values by changing the oath of citizenship to include a direct expression of loyalty to Canada; [ 相约加拿大:枫下论坛 rolia.net/forum ]
a permanent resident be physically present in Canada for a total of three years out of the six years immediately prior to applying for Canadian citizenship;
a fully judicial process be instituted under which a judge would decide if an individual's citizenship should be revoked;
new powers be granted to the minister to annul citizenship obtained through the use of a false identity;
the Governor-in-Council be able to refuse citizenship in those rare cases where a person demonstrates a flagrant disregard for Canadian values;
children adopted abroad by Canadians become citizens without having to enter Canada as permanent residents and apply for citizenship; and ＜ r o l i a. n e t ＞
citizenship commissioners, currently designated as citizenship judges, play a more active role in promoting Canadian citizenship.
Many elements of Canada's current Citizenship Act work well and would remain part of the new law, including the following provisions: children born in Canada will automatically become Canadian citizens; Canadian citizens will still be able to be citizens of other countries; and applicants for Canadian citizenship must still demonstrate sufficient knowledge of Canada and of one of its two official languages before being granted citizenship.
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For more information, contact: { 枫下论坛 rolia.net/forum }
Mark Dunn
Director of Communications
Office of the Minister
(613) 954-1064
René Mercier ＜ 相约加拿大 ROLIA.NET ＞
Spokesperson
Media Relations
(613) 941-7042
BACKGROUNDER [ 相约加拿大:枫下论坛 rolia.net/forum ]
Citizenship Bill
Strengthening the value of Canadian Citizenship
The Government of Canada has tabled a new citizenship bill. The proposed legislation, after receiving royal assent, would replace the current law that dates back to 1977. The bill reaffirms the integrity of Canadian citizenship, reflects what Canadians today want citizenship to represent and ensures that future Canadians have a strong link to Canada. It modernizes our citizenship rules and processes, and addresses gaps and inconsistencies in the current legislation. Specifically, the proposed legislation establishes clear, fair and objective criteria for Canadian citizenship.
＜ r o l i a. n e t ＞
Modernizing the Citizenship Act
Canada's first Citizenship Act came into effect in 1947. A second citizenship act became law in 1977. Over the past two decades, a number of inadequacies and inconsistencies have become apparent. At the same time, there is a clear need for a more simplified and efficient system to process applications.
The citizenship bill is based on previous legislative proposals: Bill C-63, tabled in Parliament in 1998, and Bill C-16, tabled in 1999. In substance, the new bill is almost identical to Bill C-16, as it was amended by the Standing Committee on Citizenship and Immigration.
Many Elements Will Remain the Same { 枫下论坛 rolia.net/forum }
Many elements of Canada's current Citizenship Act work well and would remain part of the new law:
children born in Canada will automatically become Canadian citizens;
children born in other countries to a Canadian parent will still have a right to Canadian citizenship;
Canadian citizens will still be able to be citizens of other countries;
people must still be permanent residents of Canada when they apply for Canadian citizenship; and ＜ 相约加拿大 ROLIA.NET ＞
applicants for Canadian citizenship must still demonstrate sufficient knowledge of Canada and of one of its two official languages before being granted citizenship.
The Citizenship Bill Includes Many Important Changes
The views of parliamentarians and other interested Canadians on the previously proposed changes to the Citizenship Act have helped to refine some important changes to Canada's citizenship law and procedures. All of the recommendations of the Standing Committee on Citizenship and Immigration have been taken into consideration.
A New Oath [ 相约加拿大:枫下论坛 rolia.net/forum ]
A major change in the proposed legislation is a revised citizenship oath. In keeping with the wishes expressed by Canadians, the oath would reflect existing values by incorporating the concept of loyalty toward Canada and respect for our country's democratic values. The proposed revised oath is as follows:
From this day forward, I pledge my loyalty and allegiance to Canada and Her Majesty Elizabeth the Second, Queen of Canada. I promise to respect our country's rights and freedoms, to uphold our democratic values, to faithfully observe our laws and fulfil my duties and obligations as a Canadian citizen.
Clearer Residency Requirements
A permanent resident would have to accumulate three years of physical presence in Canada within the six years preceding an application for Canadian citizenship. The proposed legislation would no longer permit persons who have spent time in Canada without status to accumulate residence toward citizenship. However, the proposed legislation would allow non-permanent residents to count a portion of time spent in Canada from when they acquired legal status. For example, a person who entered Canada as a student, visitor or temporary worker will be able to accumulate one half-day for every day spent in Canada up to a maximum period of one year toward fulfilling the residence requirement. ＜ r o l i a. n e t ＞
In addition, a person who enters Canada without status and is later determined to be a protected person, as defined by the Immigration and Refugee Protection Act, will also be able to accumulate credit. This credit will be calculated as one half-day for each day of residence in Canada, up to a maximum period of one year, starting from the day the person was deemed to be a protected person.
Revocation Process
The new legislation proposes a new revocation process composed of three key elements aimed at improving transparency and fairness while also facilitating the removal of those involved in terrorism, war crimes and organized crime.
The first element involves moving to a fully judicial model where the Federal Court Trial Division would make the finding about misrepresentation in the acquisition of citizenship and issue the revocation order. The person or the Minister may appeal the decision to the Federal Court of Appeal and with leave to the Supreme Court of Canada. The Governor-in-Council no longer plays a role. The Minister can consider humanitarian factors before undertaking revocation procedures or at any stage in the process, including during the removal process. { 枫下论坛 rolia.net/forum }
The second element is an accelerated removal process for persons accused of terrorism, war crimes or organized crime.
The final element would be the use of protected information in those cases where the allegations of terrorism, war crimes or organized crime cannot be proven without the use of evidence, whose disclosure would endanger the safety of people or would compromise national security.
Authority to Annul or Refuse Citizenship
To increase the value of Canadian citizenship, the bill proposes a new power that would allow the Minister to annul citizenship if the person who obtained it was prohibited from doing so for criminal reasons or for having assumed a false identity. ＜ 相约加拿大 ROLIA.NET ＞
Also in the context of increasing the value of Canadian citizenship, the Governor-in-Council would be able to refuse citizenship if there are reasonable grounds to believe that a person has demonstrated a flagrant and serious disregard for the principles and values underlying a free and democratic society. Examples of such cases include those involving hate-mongers or human rights violators.
To strengthen the integrity of the citizenship legislation and to respond to more contemporary concerns, the bill proposes new prohibitions for individuals who have committed two or more summary offences or who have committed criminal acts abroad.
Citizenship for Second-generation Canadians Born in Other Countries
Children born abroad to Canadian parents would continue to acquire Canadian citizenship automatically in the first and second generations. However, second-generation children (i.e., grandchildren) would lose their citizenship at the age of 28 unless they have resided in Canada for three of the six years preceding their application for retention. The proposed legislation will thus limit the transmission of citizenship to those who demonstrate attachment to Canada. [ 相约加拿大:枫下论坛 rolia.net/forum ]
Individuals in subsequent generations (third, fourth and later generations of persons born to Canadian parents) would be required to go through the immigration process and then seek naturalization in Canada in the same manner as other immigrants to Canada.
Transition for Canadians Born Outside Canada (Second-generation)
The proposed legislation includes a transitional provision that applies only to people who will be at least 22 years old when the bill comes into force, and would thus be unable to accumulate the three years of residence required over a six-year period before reaching the age of 28. Under the transitional provision, these individuals would have an option to acquire one year of residence in the year before applying.
＜ r o l i a. n e t ＞
Citizenship through Adoption
Under the proposed legislation, a foreign child adopted by a Canadian citizen could be granted citizenship without any permanent residence prerequisite. This provision is intended to reduce the distinction between biologically related and adopted children. The adoption must be in the best interests of the child in order to be recognized for citizenship purposes. This is designed to prevent adoptions of convenience, child trafficking or abduction. Under the current legislation, a foreign child adopted by a Canadian must obtain permanent residence before being granted citizenship.
Citizenship Commissioners
Under the proposed legislation, citizenship judges would have a greater citizenship promotion role and would be called by the title of citizenship commissioners. { 枫下论坛 rolia.net/forum }
The citizenship commissioners would continue to preside over citizenship ceremonies and have an increased role in promoting the active participation of citizens in their communities, thereby further strengthening the value of Canadian citizenship.
This new title better corresponds with their functions and will help avoid confusion of their responsibilities with those of judges in Canadian courts of law.
Citizenship judges, renamed citizenship commissioners, would no longer be required to approve all citizenship applications. They would be able to devote themselves to duties like presiding over citizenship ceremonies, administering the citizenship oath, promoting citizenship in the community and advising the Minister on complex citizenship issues.
A New Administrative Process ＜ 相约加拿大 ROLIA.NET ＞
Under the proposed legislation, an administrative process would replace the decision-making duties of citizenship judges. Citizenship officers would approve or refuse citizenship applications on the basis of fair and objective criteria. More than 90 percent of citizenship applications are routinely approved.
A New Review Process
A new review process would correct potential errors without involving the Federal Court. This process will allow the Minister to reconsider a decision refusing citizenship or a decision regarding the issuance of a certificate.
The proposed legislation signals a shift in the government's approach to granting Canadian citizenship. Currently, citizenship judges must approve all citizenship applications. Under the proposed legislation, delegated citizenship officials would exercise the Minister's authority to grant citizenship. Decisions under the proposed act will be based on objective criteria in an administrative fact-finding process influenced by internal policies, procedures and guidelines. [ 相约加拿大:枫下论坛 rolia.net/forum ]
The new unit of review officers to be established under this provision represents a safeguard for the program. It will promote greater consistency in decision making, which will enhance equity through the system.
Transitional Provision
This provision clarifies what happens to applications made under the current act when the proposed act comes into force. The provision would ensure the continued efficiency of the application process.
An application made before the current Citizenship Act is repealed must be dealt with under the new provisions of the proposed legislation. There is one exception. If a citizenship judge is handling an application on the day the current act is repealed, the application will continue to be processed under the provisions of the current act, except that the application will be subject to the new provisions concerning prohibitions, national security and the new oath of citizenship. ＜ r o l i a. n e t ＞
Grant of Citizenship in Certain Cases
The proposed legislation seeks to remedy the injustices of the Canadian Citizenship Act of 1947 with respect to children of Canadian citizens who have not been able to obtain citizenship because they were born out of wedlock. By granting a period of three years to people born outside Canada to a Canadian parent, the provision enables a new class of people to apply for citizenship.
For the first time, a person born out of wedlock outside Canada to a Canadian father between 1947 and 1977 may request citizenship (currently, children of Canadian mothers already have this right). In addition, a grant of citizenship will be possible for people adopted by a Canadian between 1947 and 1977. This reflects the government's concern to reduce, wherever possible, the distinctions between biologically related and adopted children. Finally, the Minister may grant citizenship to the children and grandchildren of these people, provided that they show they have a substantial connection to Canada.
This three-year period provides the people concerned with a reasonable opportunity to apply for citizenship. However, such people will be subject to the prohibitions of the Act and will have to take the oath of citizenship. { 枫下论坛 rolia.net/forum }
ENQUIRIES
The CIC Call Centre can provide further information on the proposed legislation and the impact of the changes on Canadians. Please contact the office in the nearest region.
Montréal: (514) 496-1010
Toronto: (416) 973-4444 ＜ 相约加拿大 ROLIA.NET ＞
Vancouver: (604) 666-2171
Anywhere else in Canada: 1 888 242-2100 (toll-free)
Visit our Internet site for up-to-date information on the proposed citizenship legislation: (http://www.cic.gc.ca).
作者：wm 在 罕见奇谈 发贴, 来自 http://www.hjclub.org |
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