MR. CHAIRMAN,
MEMBERS OF THE COMMITTEE,

MY NAME IS EUGENE CZOLIJ, AND I AM THE PRESIDENT OF THE UKRAINIAN CANADIAN CONGRESS.

THE UKRAINIAN CANADIAN CONGRESS (ALSO KNOWN AS THE "UCC") IS THE NATIONAL COORDINATING BODY OF THE UKRAINIAN CANADIAN COMMUNITY THAT BEGAN SETTLING IN CANADA WELL OVER 100 YEARS AGO. ACCORDING TO THE LATEST CENSUS STATISTICS, THERE ARE OVER ONE MILLION CANADIANS OF UKRAINIAN DESCENT.

SINCE 1940, THE UCC HAS ACTIVELY PARTICIPATED IN THE DEVELOPMENT OF NATIONAL POLICIES AND PROGRAMS, WHICH NOT ONLY IMPACT ON UKRAINIAN CANADIANS, BUT ON CANADIAN SOCIETY AS A WHOLE.

THROUGHOUT ITS 60-YEAR HISTORY, THE UCC HAS TAKEN A PROACTIVE APPROACH ON SUCH ISSUES AS MULTICULTURALISM, CITIZENSHIP, IMMIGRATION, JUSTICE MATTERS, CONSTITUTIONAL DEVELOPMENT AND FOREIGN AFFAIRS.

IL ME FAIT PLAISIR DE COMPARA�TRE DEVANT LE COMIT� PERMANENT DE LA CITOYENNET� ET DE L'IMMIGRATION AU NOM DU CONGR�S DES UKRAINIENS-CANADIENS POUR PR�SENTER LE POINT DE VUE DE NOTRE COMMUNAUT� CONCERNANT LE PROJET DE LOI C-18 AYANT TRAIT � LA CITOYENNET� CANADIENNE.

SINCE DECEMBER 1998, THREE BILLS CONCERNING CITIZENSHIP LEGISLATION HAVE BEEN TABLED IN PARLIAMENT. THE UCC MONITORED THEIR PROGRESS AND APPEARED BEFORE THIS STANDING COMMITTEE OF THE HOUSE OF COMMONS ON MARCH 30, 2000, AS WELL AS THE SENATE STANDING COMMITTEE ON LEGAL AND CONSTITUTIONAL AFFAIRS ON SEPTEMBER 26, 2000, TO MAKE ITS SUBMISSIONS REGARDING BILL C-16.

LORS DE NOS COMPARUTIONS DEVANT CES COMIT�S PARLEMENTAIRES, LE CONGR�S DES UKRAINIENS-CANADIENS A RECOMMAND�, ENTRE AUTRES, QUE TOUTE R�VOCATION ET ANNULATION DE LA CITOYENNET� CANADIENNE :

1) SE FASSE AUX TERMES D'UN PROCESSUS JUDICIAIRE �QUITABLE;

2) COMPORTE UN DROIT D'APPEL DE PLEIN DROIT;

3) PR�VOIT UN FARDEAU DE PREUVE �LEV�; ET

4) SOIT ASSUJETTIE � UNE PRESCRIPTION QUINQUENNALE � COMPTER DE L'ACQUISITION DE LA CITOYENNET�.

NOUS CONSTATONS QUE L'ARTICLE 3 DU PROJET DE LOI C-18 STIPULE AVEC RAISON QUE LA LOI SUR LA CITOYENNET� AU CANADA DOIT NOTAMMENT AVOIR POUR OBJET :

"B) D'ENCOURAGER LES PERSONNES ADMISSIBLES � ACQU�RIR LA CITOYENNET�;

C) DE PROT�GER L'INT�GRIT� DE LA CITOYENNET�;

D) DE R�AFFIRMER QUE TOUS LES CITOYENS JOUISSENT DU M�ME STATUT, SANS �GARD � LA FA�ON DONT ILS SONT DEVENUS CITOYENS;

[�]

F) DE SENSIBILISER LES CITOYENS AU FAIT QUE L'ACQUISITION DE LA CITOYENNET� EST UN �V�NEMENT IMPORTANT QUI M�RITE D'�TRE C�L�BR�;

G) DE PROMOUVOIR LE RESPECT DES PRINCIPES ET DES VALEURS SUR LESQUELS REPOSE UNE SOCI�T� LIBRE ET D�MOCRATIQUE."

NOUS SOULIGNONS �GALEMENT AVEC APPROBATION L'�NONC� SUIVANT SUR LES DROITS ET OBLIGATIONS DES CITOYENS CANADIENS, QUI SE RETROUVE � L'ARTICLE 12 :

� TOUS LES CITOYENS JOUISSENT DU M�ME STATUT ET DES M�MES DROITS, POUVOIRS ET AVANTAGES ET SONT ASSUJETTIS AUX M�MES DEVOIRS, OBLIGATIONS ET RESPONSABILIT�S, SANS �GARD � LA FA�ON DONT ILS SONT DEVENUS CITOYENS. �

CET IMPORTANT �NONC� DE PRINCIPE PAR LE L�GISLATEUR NE DOIT PAS SURPRENDRE. IL FAIT �CHO � LA CONTRIBUTION DES CANADIENS NATURALIS�S � LA PROSP�RIT� DE CE PAYS ET � LA R�ALIT� D�MOGRAPHIQUE ACTUELLE DU CANADA.

INDEED, IN ITS JANUARY 21, 2003 NEWSLETTER "THE DAILY", STATISTICS CANADA REPORTED THAT:

"THE PROPORTION OF CANADA'S POPULATION WHO WERE BORN OUTSIDE THE COUNTRY HAS REACHED ITS HIGHEST LEVEL IN 70 YEARS, ACCORDING TO NEW DATA FROM THE 2001 CENSUS.

AS OF MAY 15, 2001, 5.4 MILLION PEOPLE, OR 18.4% OF THE TOTAL POPULATION, WERE BORN OUTSIDE THE COUNTRY. THIS WAS THE HIGHEST PROPORTION SINCE 1931 WHEN FOREIGN-BORN PEOPLE MADE UP 22.2% OF THE POPULATION."

EN D�POSANT LE PROJET DE LOI C-18, LE MINISTRE DE LA CITOYENNET� ET DE L'IMMIGRATION A D�CLAR� QUE :

� LES CANADIENS ONT DEMAND� UNE LOI SUR LA CITOYENNET� QUI EXIGE DES CANADIENS �VENTUELS DE PRENDRE UN ENGAGEMENT SOLIDE ENVERS LE CANADA. NOUS AVONS ENTENDU LEURS PR�OCCUPATIONS ET CELLES-CI SONT PRISES EN COMPTE DANS LE PROJET DE LOI. �

LE CONGR�S DES UKRAINIENS-CANADIENS APPUIE CET ENGAGEMENT SOLIDE ENVERS LE CANADA. TOUTEFOIS, NOUS D�PLORONS QUE LE PROJET DE LOI C-18 NE PR�VOIT PAS UN ENGAGEMENT TOUT AUSSI SOLIDE DE LA PART DU GOUVERNEMENT ENVERS LES CITOYENS CANADIENS, Y COMPRIS LES CANADIENS NATURALIS�S.

IN THE RECENT DENATURALIZATION CASE OF THE MINISTER OF CITIZENSHIP AND IMMIGRATION V. ODYNSKY, REPORTED AT 2001 FCT 138, THE HONOURABLE MR. JUSTICE MACKAY OF THE FEDERAL COURT OF CANADA STATED THAT:

"WHILE THE ULTIMATE ISSUE FOR DETER-MINATION APPEARS RELATIVELY SIMPLE, ITS RESOLUTION IS COMPLICATED BY REASON OF THE LACK OF RECORDS MAINTAINED BY THE MINISTER CONCERNING MR. ODYNSKY'S ADMISSION TO CANADA AND HIS SUBSEQUENT OBTAINING OF CITIZENSHIP. ITS RESOLUTION IS COMPLICATED FURTHER BY THE QUALITY OF EVIDENCE CONCERNING, AND THE DIFFICULTY FOR WITNESSES ASKED TO RECALL, EVENTS AND PROCESSES THAT OCCURRED OR IN WHICH THEY MAY HAVE BEEN INVOLVED MORE THAN 50 YEARS AGO."

SURPRISINGLY, THIS WAS NOT AN ISOLATED CASE WHERE THE GOVERNMENT INITIATED DENATURALIZATION PROCEEDINGS AGAINST A CANADIAN, ALMOST HALF A CENTURY AFTER GRANTING HIM CITIZENSHIP, EVEN THOUGH:

1) THE GOVERNMENT'S EMPLOYEES HAD ALREADY DESTROYED THE NECESSARY IMMIGRATION FILES IN ACCORDANCE WITH THE GOVERNMENT'S POLICY FOR DISPOSAL OF UNNECESSARY RECORDS AFTER A FIXED PERIOD OF TIME; AND

2) RELEVANT WITNESSES HAD LONG SINCE PASSED AWAY.

THE UCC BELIEVES THAT AFTER A REASONABLE PERIOD OF TIME, NATURALIZED CANADIANS SHOULD NOT FEEL THAT THEIR CITIZENSHIP IS INDEFINITELY CONDITIONAL AND SUBJECT TO CHALLENGE BY A MINISTER (OR ANY PERSON DELEGATED BY A MINISTER) AND THAT THEY MUST PRESERVE, AT ALL TIMES, THE NECESSARY EVIDENCE TO BE ABLE TO PROVE, INDEPENDENTLY OF THEIR AGE, ON A BALANCE OF PROBABILITIES, THAT THEY ACQUIRED CANADIAN CITIZENSHIP IN ACCORDANCE WITH OUR LAWS.

THEREFORE, THE UCC RECOMMENDS THAT BILL C-18 PROVIDE A LIMITATION PERIOD OF FIVE YEARS FROM THE DATE OF ACQUISITION OF CITIZENSHIP FOR ALL TYPES OF REVOCATION AND ANNULMENT OF CITIZENSHIP PROCEEDINGS UNDER THE ACT.

FURTHERMORE, IN THE CASE OF THE MINISTER OF CITIZENSHIP AND IMMIGRATION V. BOGUTIN, REPORTED AT (1988), 144 F.T.R. 1, THE HONOURABLE MR. JUSTICE MCKEOWN ANALYZED THE REQUISITE STANDARD OF PROOF IN REVOCATION OF CITIZENSHIP PROCEEDINGS AND DECLARED THAT:

"A HIGH DEGREE OF PROBABILITY IS, IN MY OPINION, REQUIRED IN A CASE OF THIS KIND. WHAT IS AT STAKE HERE IS VERY IMPORTANT; THE RIGHT TO KEEP CANADIAN CITIZENSHIP, AND THE SERIOUS CONSEQUENCES WHICH MAY RESULT IF THAT CITIZENSHIP CEASES.

[�]

FOR SOME, SUCH AS THOSE WHO MIGHT BECOME STATELESS IF DEPRIVED OF THEIR CITIZENSHIP, IT MAY BE VALUED AS HIGHLY AS LIBERTY."

IN VIEW OF THE FACT THAT REVOCATION AND ANNULMENT OF CITIZENSHIP PROCEEDINGS ARE NOT REGULAR "CIVIL PROCEEDINGS" AND MAY BE DESCRIBED AS "QUASI-CRIMINAL PROCEEDINGS", THE UCC RECOMMENDS THAT BILL C-18 BE AMENDED TO PROVIDE A HIGHER STANDARD OF PROOF IN SUCH PROCEEDINGS, NAMELY THAT OF "BEYOND A REASONABLE DOUBT", INSTEAD OF A "BALANCE OF PROBABILITIES".

WE ARE ALSO SERIOUSLY TROUBLED WITH SUBSECTIONS 16(6) AND 17(4) J) WHICH STIPULATE THAT:

1) SUBSECTION 16(6)
"IN A PROCEEDING BEFORE THE COURT UNDER THIS SECTION, THE COURT � IS NOT BOUND BY ANY LEGAL OR TECHNICAL RULES OF EVIDENCE AND MAY RECEIVE AND BASE A DECISION ON ANY EVIDENCE ADDUCED IN THE PROCEEDINGS THAT IT CONSIDERS CREDIBLE OR TRUSTWORTHY IN THE CIRCUMSTANCES."

2) SUBSECTION 17(4) J)
"THE JUDGE MAY RECEIVE INTO EVIDENCE ANYTHING THAT, IN THE OPINION OF THE JUDGE, IS APPROPRIATE, EVEN IF IT IS INADMISSIBLE IN A COURT OF LAW, AND MAY BASE THE DECISION ON THAT EVIDENCE."

THESE LEGISLATIVE PROVISIONS INTRODUCE A DANGEROUS ELEMENT OF ARBITRARINESS IN THE JUDICIAL PROCESS AND CONTRAVENE THE FUNDAMENTAL PRINCIPLES OF THE RULE OF LAW, DEFINED AS FOLLOWS IN BLACK'S LAW DICTIONARY:

"THE RULE OF LAW, SOMETIMES CALLED "THE SUPREMACY OF LAW", PROVIDES THAT DECISIONS SHOULD BE MADE BY THE APPLICATION OF KNOWN PRINCIPLES OR LAWS WITHOUT THE INTERVENTION OF DISCRETION IN THEIR APPLICATION."

THEREFORE, THE UCC RECOMMENDS THAT PROVISIONS, SUCH AS SUBSECTIONS 16(6) AND 17(4) J), WHICH SUBJECT THE ADMISSION OF EVIDENCE TO ARBITRARINESS, BE STRUCK FROM BILL C-18.

MOREOVER, THE UCC STANDS FOR THE PRINCIPLE THAT OUR LEGISLATION SHOULD ENSURE DUE PROCESS BEFORE THE COURTS FOR NATURALIZED CANADIANS IN CASES OF REVOCATION OF CITIZENSHIP, INCLUDING FULL APPEAL RIGHTS, WITHOUT THE NECESSITY TO OBTAIN LEAVE TO APPEAL.

THE UCC ALSO BELIEVES THAT CANADIANS SHOULD BE ABLE TO EXAMINE AND CHALLENGE THE RELIABILITY AND PROBITY OF THE EVIDENCE USED AGAINST THEM.

SELON NOUS, L'ARTICLE 17 DU PROJET DE LOI C-18 ENFREINT CES PRINCIPES DE JUSTICE NATURELLE, D'�QUIT�, DE TRANSPARENCE ET DU RESPECT D'UN DROIT ACQUIS AUSSI FONDAMENTAL QUE LA CITOYENNET� CANADIENNE.

INDEED, SECTION 17 OF BILL C-18:

1) AUTHORIZES THE USE OF SECRET EVIDENCE AND ITS EXAMINATION BY A JUDGE "IN THE ABSENCE OF THE PERSON NAMED IN THE CERTIFICATE AND THEIR COUNSEL";

2) ALLOWS FOR THE INTRODUCTION OF EVIDENCE "EVEN IF IT IS INADMISSIBLE IN A COURT OF LAW"; AND

3) STIPULATES THAT THE DECISION OF THE TRIAL JUDGE "IS FINAL AND MAY NOT BE APPEALED OR JUDICIALLY REVIEWED".

CANADIANS SHOULD NOT FACE THIS KIND OF JUSTICE, WHICH LENDS ITSELF TO ABUSE.

THEREFORE, THE UCC RECOMMENDS THAT SECTION 17 OF BILL C-18 BE COMPLETELY STRUCK.

AS FOR SECTION 18, IT IS ALSO PROBLEMATIC SINCE SUBSECTION 18(3) PROVIDES THAT A NATURALIZED CANADIAN CAN "MAKE WRITTEN REPRESENTATIONS TO THE MINISTER", WHO, UNDER SUBSECTION 18(1), SHOULD ALREADY HAVE BEEN "SATISFIED THAT A PERSON HAS � ACQUIRED � CITIZENSHIP IN CONTRAVENTION OF SECTION 28 OR BY USING A FALSE IDENTITY", AS TO WHY HIS CITIZENSHIP SHOULD NOT BE ANNULLED AFTER ALL.

THE LAW SHOULD NOT FORCE A MINISTER TO BE A JUDGE AND A PARTY INITIATING THE PROCEEDINGS.

WE TOOK NOTE, HOWEVER, OF THE FACT THAT SUBSECTION 18(4) GIVES AN INDIVIDUAL A RIGHT TO APPLY FOR A JUDICIAL REVIEW FROM THE MINISTER'S ANNULMENT ORDER UNDER THE FEDERAL COURT ACT.

THE UCC RECOMMENDS INSTEAD THAT SECTION 18 OF BILL C-18 BE STRUCK AND CASES DEALING WITH THE ACQUISITION OF CITIZENSHIP IN CONTRAVENTION OF SECTION 28 OR BY USING A FALSE IDENTITY BE DEALT WITH IN AN IMPARTIAL HEARING BEFORE THE FEDERAL COURT.

THE PROBLEMS THAT WE RAISED REGARDING SECTIONS 17 AND 18 OF BILL C-18 ARE COMPOUNDED BY SECTION 44 WHICH PROVIDES THAT THE MINISTER MAY DELEGATE TO "ANY PERSON":

"ANYTHING THAT IS REQUIRED TO BE DONE OR THAT MAY BE DONE BY THE MINISTER UNDER THIS ACT."

IT IS ALSO ILLOGICAL, AT BEST, THAT SECTION 6 OF THE IMMIGRATION AND REFUGEE PROTECTION ACT PROHIBITS THE SAME MINISTER TO DELEGATE CERTAIN POWERS WHICH COULD HAVE A SERIOUS NEGATIVE IMPACT ON PERMANENT RESIDENTS AND FOREIGN NATIONALS, WHEREAS BILL C-18 DOES NOT CONTAIN ANY RESTRICTIONS REGARDING CANADIAN CITIZENS.

THEREFORE, THE UCC RECOMMENDS THAT THE MINISTER SHOULD NOT BE ALLOWED TO DELEGATE HIS POWERS CONCERNING PROCESSES DEALING WITH:

1) LEGISLATIVE PROHIBITIONS TO ACQUIRE CANADIAN CITIZENSHIP; AND

2) ANY FORM OF REVOCATION OF SUCH CITIZENSHIP.

ENFIN, DANS LE COMMUNIQU� 2002-38 �MIS LE 31 OCTOBRE 2002 LORS DU D�P�T DU PROJET DE LOI C-18, LE D�PARTEMENT DE LA CITOYENNET� ET IMMIGRATION CANADA INDIQUAIT QUE :

� LE MINISTRE POURRAIT TENIR COMPTE DE CONSID�RATIONS HUMANITAIRES AVANT D'AMORCER LE PROCESSUS DE R�VOCATION OU � TOUT MOMENT PAR LA SUITE, Y COMPRIS PENDANT LE PROCESSUS DE RENVOI �.

TOUTEFOIS, LE PROJET DE LOI C-18 NE PR�VOIT PAS CE GENRE DE POSSIBILIT�.

THE UCC RECOMMENDS THAT OUR COURTS TAKE INTO ACCOUNT HUMANITARIAN AND COMPASSIONATE CIRCUMSTANCES IN DECIDING WHETHER TO REVOKE SOMEONE'S CITIZENSHIP.

THE UCC ALSO RECOMMENDS THAT THE MINISTER SHOULD BE PERMITTED, UNDER THE NEW CITIZENSHIP LEGISLATION, TO CONSIDER SUCH HUMANITARIAN AND COMPASSIONATE CIRCUMSTANCES IN ALL THE CASES OF DENATURALIZATION AND DEPORTATION THAT ARE NOT FULLY COMPLETED.

MR. CHAIRMAN, MEMBERS OF THE COMMITTEE, CITIZENSHIP IS ONE OF THE FUNDAMENTAL TENETS OF ANY NATION.

THROUGHOUT OUR HISTORY, CANADA HAS OPENED ITS DOORS TO THE PEOPLE OF THE WORLD WHO WERE LOOKING FOR A TOLERANT AND FREE SOCIETY, BASED ON DEMOCRATIC PRINCIPLES.

THE PROPOSALS BROUGHT FORWARD BY THE UCC ATTEMPT TO STRENGTHEN OUR CITIZENSHIP LEGISLATION, ENHANCE THE VALUE OF CANADIAN CITIZENSHIP AND ENSURE THAT THE CORE VALUES OF OUR JUSTICE SYSTEM ARE UTILIZED TO GUARANTEE FAIRNESS, TRANSPARENCY AND JUSTICE FOR ALL CANADIANS "WITHOUT REGARD TO THE MANNER IN WHICH THEIR CITIZENSHIP WAS ACQUIRED" AS ENVISAGED BY SECTION 12 OF THE BILL.

THANK YOU FOR YOUR ATTENTION.

I LOOK FORWARD TO ANSWERING ANY QUESTIONS YOU MAY HAVE.

MONTREAL, FEBRUARY 19, 2003

Eugene Czolij, President
UKRAINIAN CANADIAN CONGRESS