May 3, 1946

LIB

Thomas Reid

Liberal

Mr. REID:

Will there be any difference between the new naturalization certificates issued to the new Canadians as compared with the old naturalization certificates which have been issued, some by the provinces and some [DOT] by the federal government?

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

Yes. The exact form has not been determined, but we hope to have them a little more convenient in size, too.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Thomas Reid

Liberal

Mr. REID:

Will facilities be provided by which those who have been in the country for years, such as myself, will be able to obtain the certificate?

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

Yes. I explained that the other night.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Thomas Reid

Liberal

Mr. REID:

By application to the minister?

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

Yes, to the Secretary of State.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

William Henry Golding

Liberal

The ACTING CHAIRMAN (Mr. Golding):

Section 40 is carried.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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PC

John George Diefenbaker

Progressive Conservative

Mr. DIEFENBAKER:

As amended.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

William Henry Golding

Liberal

The ACTING CHAIRMAN (Mr. Golding):

There is no amendment to section 40.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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PC

John George Diefenbaker

Progressive Conservative

Mr. DIEFENBAKER:

I move:

That there be added after the word "behalf" in line 14 the words "without proof of such authorization."

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

That amendment is acceptable.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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Amendment agreed to. Section as amended agreed to. On section 41-Evidence of certificate.


LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

I move, following the suggestion of the hon. member for Lake Centre: That after tile words "in that behalf" there be added the words "without proof of such authorization."

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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Amendment agreed to. Section as amended agreed to. Section 42 agreed to. On section 43-Question of domicile, how determined.


PC

Donald Methuen Fleming

Progressive Conservative

Mr. FLEMING:

Just a question. I take it that it is the desire of the minister to have in this statute when it becomes law as complete a code as possible in relation to the whole question of citizenship, nationality and naturalization. Does he think it is wise to introduce some important provisions of the Immigration Act by reference in this way? Would it not be simpler to set forth these provisions in this section? After all, the Immigration Act mayr be changed; and there was an improvement made in this bill, in my humble opinion, as compared with the version which the minister introduced in the fall session last year, when in section 2, subparagraph (j) he brought into this bill a definition instead of trying to incorporate a reference to another statute. Would not the same proceeding be advisable here?

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

This is purely transitional and its provocations will soon disappear. It was thought this was the best way to deal with this situation; otherwise it would be highly complicated.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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Section agreed to. Section 44 agreed to. On section 45-Acts repealed.


LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

I am going to ask the Minister of Mines and Resources to move: That clause 45 of Bill 7 be amended by adding thereto the following subsection, as subsection

(2):

"(2) Where, in any act of the parliament of Canada or any order or regulation made thereunder, any provision is made applicable in respect of

(a) a "natural-born British subject" it shall apply in respect of a "natural-born Canadian citizen," or

Canadian Citizenship

(b) a "naturalized British subject" it shall apply in respect of a "Canadian citizen other than a natural-born Canadian citizen" or

(c) a "Canadian national" it shall apply in respect of a "Canadian citizen," under this act and where in any act, order or regulation aforesaid any provision is made in respect of the status of any such person as a Canadian national or British subject it shall apply in respect of his status as a Canadian citizen or British subject under this act.

I am prepared to give the explanation now.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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PC

Edmund Davie Fulton

Progressive Conservative

Mr. FULTON:

Explain it and let it stand.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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LIB

Paul Joseph James Martin (Secretary of State of Canada)

Liberal

Mr. MARTIN:

Before the house rose at six o'clock I said that when we came to this section I would deal with an amendment to set at rest any fears there might be as to the possible effect of the present bill upon the orders in council concerning the Japanese in Canada.

Let me say, first of all, that' there was no intention whatever that this bill should be connected with or affect in any way the operating of the policy with respect to the orders in question. That is a distinct and separate matter. A permanent measure with regard to the general status of citizenship should not be related in any way to such temporary provisions that affect only a small and restricted class. Moreover, so far as the actual effect of the bill as now drafted is concerned, we are convinced, after careful consideration, that it would not affect in any way the effectiveness of the deportation orders.

The matter has been most carefuly examined and I am certain that this is so. However, I can see what is disturbing some hon. members. The point that they have in mind is that the orders in council were passed in respect of persons who had a certain status- in actual fact, in respect of persons who had three different types of status; for some were natural-born in this country, some were naturalized and some were aliens.

The last group we can forget about. They are clearly and unmistakably not affected b}' the bill in any way. I am not admitting that orders of deportation are affected by this bill, but certainly this last group are clearly not affected. Thus, it is really two groups of persons about whom some hon. members are concerned: Japanese persons born in Canada and Japanese persons who were naturalized here. At the time the orders in council were passed these persons were respectively natural-born British subjects and naturalized British subjects. After the bill is passed, these groups of people will be respectively natural-born Canadian citizens and naturalized Canadian citizens.

The question is: Will the new status affect in any way the operation of the earlier orders?

That is the point which hon. members have in mind. With regard to this matter, let me say that I think the merits of the policy should not enter into the consideration of this question in any way. The problem is a general problem-for there are some other acts and orders now in existence which deal with persons as "British subjects" or "Canadian nationals", and the same questions can arise in respect of them.

In other words, the amendment will deal not only with the particular situation but. with any other situation that may possibly be in existence. Does this bill by changing the status of such people affect in any way the operation of such acts or orders? It is perfectly clear that this bill could not alter the operation of such acts or orders. If such alterations were to occur, we would create an unplanned and totally unpredictable effect on a totally unknown number of acts and orders. What we want is that their effect shall not be disturbed. In the light of the points that have been raised and of the considerations which I have mentioned, I think the situation as it now stands leaves a measure of doubt that should not exist, so that I have suggested the amendment which I have brought forward, which I think takes care of the situation completely.

The effect of the amendment which I have asked my colleague to move will be to provide that where an act or order now in force refers to a group of persons it shall continue to refer to the same group under their new status. For example, people who were born in Canada and who are now natural-born British subjects will hereafter be natural-born Canadian citizens. If an act now refers to natural-born British subjects it should hereafter include application to natural-bom Canadian citizens. In other words, the amendment will provide for a parallel adaptation of existing acts and orders to the new classes of status that will result from the present bill.

The amendment is one that deals with an extremely complicated situation, but it has been carefully drafted and considered and it is, I think, the soundest way of doing what we have in mind. The section will stand.

Section stands.

On section 46-Saving.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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May 3, 1946