May 3, 1946

LIB

James Allison Glen (Minister of Mines and Resources)

Liberal

Mr. GLEN:

May I be allowed to say a word? The amendment states:

Notwithstanding any other provisions of this act, for a period of twenty years from the proclamation thereof, no person of Japanese ancestry, whether natural-born naturalized or Japanese alien, shall be allowed to reside in that section of British Columbia presently known as the coastal security zone.

Any amendment that is moved must be relevant to the question on which the amendment is moved. In this bill we are dealing with the question of nationality of citizenship and all the rights and privileges that pertain thereto. In this amendment we are denying to a citizen of Canada the right to reside in a certain place. It is not relevant to the bill because it introduces another matter altogther foreign to and has no bearing on the section of the bill with which we are now dealing. In my judgment it is entirely out of order to introduce a subject so irrelevant and so foreign to the very purpose of the bill. I suggest that the Chairman consider citation 344 of Beau-chesne's Parliamentary Rules and Forms, volume 3, which reads:

It is an imperative rule that every amendment must be relevant to the question on which the amendment is proposed. Every amendment proposed to be made either to a question or to a proposed amendment should be so framed that if agreed to by the house the question or amendment ;as amended would be intelligible and consistent with itself.

The law on the relevancy of amendments is that if they are on the same subject matter with the original motion, they are admissible, but not when foreign thereto. The exceptions to this rule are amendments on the question of going into supply or ways and means.

I am submitting to the Chair that this amendment is foreign to the section now before the committee and that, as a matter of fact, it contains a prohibition denying to an individual who might under the bill become a citizen of this country his rights and obligations, and that therefore it is out of order.

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

William Henry Golding

Liberal

The ACTING CHAIRMAN (Mr. Golding) :

I had intended to quote the citation which has been quoted by the Minister of Mines and Resources. I think there is no question in the world that this amendment is clearly out of order. If such an amendment were accepted any other hon. member could rise up and move a motion or an amendment to deal with some other class in the same way, and so it could go on and on. I rule the amendment out of order.

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

James Sinclair

Liberal

Mr. SINCLAIR (Vancouver North):

Neither the hon. member for Comox-Alberni nor myself being a lawyer, we had thought section 46 had to do with certain saving restrictions. I may not be in order now in asking this, but I waited for this section in order to do so. Perhaps the minister will give me and my colleague the assurance that

Canadian Citizenship

this bill which we are almost through will not give to these natural-born Canadian Japanese or naturalized Canadian Japanese rights which they do not have at the moment. For instance, in British Columbia they do not vote. In British Columbia at present, because of an order in council, they do not live in the coastal security zone. We should like to know if this bill does give them the right to vote in British Columbia and the right to live in the coastal zone.

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:

The amendment I have offered covers all existing acts and orders.

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

James Sinclair

Liberal

Mr. SINCLAIR (Vancouver North):

Including that one about not living in the coastal zone? '

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:

I said it covers all existing acts and orders.

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

Edmund Davie Fulton

Progressive Conservative

Mr. FULTON:

On an earlier occasion

when I asked the minister a question with regard to the effect of the repeal of this act which was common to all the empire countries, as I understood it he said he would explain when we came to section 46. Has he that explanation to offer now?

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:

Hitherto the status of

British subjects has been established by having virtually identical definitions in the naturalization acts of the different countries of the commonwealth. Each act described what persons were born to the status of British subjects and what persons could be naturalized to it, and each act did this in the same way. However, as long as this system was retained it meant that we were not able to eliminate double definitions: definition on the one hand of national status and on the other hand of the status of British subject. The result in Canada was that we fell into the serious difficulties that we now have with British subjects, Canadian nationals and Canadian citizens. Moreover, the retention of the identical definition basis imposed a severe limitation upon the capacity of individual countries of the commonwealth to establish their own citizenship as a basic consideration for purposes of their own law.

The hitherto existing approach might be called the system of "identical definition." The other possible approach is for each country of the commonwealth to establish its own citizenship definition in accordance with its own. needs, and for the other countries to recognize that definition as according the status of British subjects for purposes of their law. This new basis might be contrasted with that of "identical definition" by calling it, perhaps, the principle of "mutual recognition." The principle is seen in the present

bill. We have defined Canadian citizens, and we have said that we regard them as having the status of British subjects. We have then gone on to say that for the purposes of our law we recognize as British subjects persons who are such under the law of any other country of the commonwealth, no matter how that country may define the status. There is advantage in maintaining as high a degree of similarity in definition as is consistent with the special needs of the various countries. This we have tried to keep in mind in the present bill, and hon. members will have noticed that the basic definitions and qualifications here are not substantially different from those in the present Naturalization Act. In short, we have tried to achieve what we thought was necessary in the new situation without discarding what seemed to be of value in the old.

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

Edmund Davie Fulton

Progressive Conservative

Mr. FULTON:

That is a very clear explanation. Can the minister say whether this principle of mutual recognition has been discussed with the other commonwealth countries?

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 bill was sent to the other commonwealth countries.

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

Edmund Davie Fulton

Progressive Conservative

Mr. FULTON:

And were they prepared to make similar concessions?

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:

There was no negative reply.

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

Edmund Davie Fulton

Progressive Conservative

Mr. FULTON:

All of them?

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.

Topic:   CANADIAN CITIZENSHIP
Subtopic:   NATIONALITY, NATURALIZATION AND STATUS OF ALIENS
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Section agreed to. On section 47-Coming into force.


CCF

Alistair McLeod Stewart

Co-operative Commonwealth Federation (C.C.F.)

Mr. STEWART (Winnipeg North):

I

wonder if the minister could tell us, assuming this bill is passed by next week, when the probable date of proclamation would be. I should like to think this bill might be proclaimed by the end of May, in view of the quinquennial census which is to take place on the prairies next month. I emphasize that strongly, because the citizens out there would then be able to say, when asked what is their citizenship, "I am a Canadian." That may not be possible, because in all probability the forms are already printed, but if it should not be possible I would suggest that the bill be proclaimed on July 1.

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:

I may assure my hon. friend that it will be proclaimed at the earliest possible moment. We have to give notice of the establishment of the registers abroad to many people, and as soon as we can effect that item particularly we, hope to proclaim it. At

Canadian Citizenship

the moment it is difficult to say exactly when that will be, though I can assure the hon. gentleman it will be done as quickly as possible.

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

John George Diefenbaker

Progressive Conservative

Mr. DIEFENBAKER:

Just in that connection, if I may add one word, the other day when I brought up an amendment with regard to the question that hereafter it should be unnecessary, except in the case of naturalized citizens, to refer in the census to racial origin, or even to answer the question of racial origin, the minister stated that he could give the assurance that hereafter this would not be required in the census. Does that assurance apply to the census about to be taken in the western provinces?

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:

Of course I can only say that this bill is not yet law. As soon as it becomes law the answer to one's national status will be as provided in section 3 of the bill.

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

John George Diefenbaker

Progressive Conservative

Mr. DIEFENBAKER:

Well, that still does not answer the question.

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