UCC outlines results of legislative activity as spring session of Parliament concludes

WINNIPEG - The Ukrainian Canadian Congress (UCC) recently outlined the results of its activity before the Parliament of Canada during the spring session.

"Over the course of this session of Parliament, the government of Canada introduced substantial legislation in the areas of citizenship, immigration and crimes against humanity," said UCC President Eugene Czolij. "This legislative activity challenged Canadians to rethink and reaffirm their positions on various fundamental issues and those qualities of our society which make us unique in the world."

Bill C-16, the Citizenship of Canada Act, was tabled in Parliament on November 25, 1999. In its presentation to the House of Commons Standing Committee on Citizenship and Immigration on March 30, the UCC stressed the need for ensuring that the basic democratic and judicial systems, that have long been well established in Canada, be firmly entrenched in the legislation.

The proposals included the following:

• modification of Sections 17 and 18 in order to ensure naturalized Canadians due process of law in cases of revocation and annulment of citizenship;
  
  
• modification of Section 17 to insert a limitation period of five years for the minister to initiate revocation of citizenship proceedings; and
  
  
• modification of Sections 22 and 27 to ensure that a permanent Canadian resident can submit to the courts for review an order or declaration of the Governor in Council prohibiting such person from obtaining Canadian citizenship. The proposals the UCC brought forward would ensure that provisions dealing with procedures concerning the revocation and annulment of citizenship reflect the core fabric of Canada's democratic system. While the House of Commons did not adopt the recommendations of the UCC, a significant debate ensued related to such proceedings. "The UCC looks forward to presenting its proposals for consideration by the Senate Standing Committee on Social Affairs, Science and Technology to strengthen the value of Canadian citizenship," said Mr. Czolij.

Regarding other legislation, the UCC reported the following.

1) Bill C-19, the Crimes Against Humanity Act, was introduced by the government of Canada in order to implement the provisions of the Rome Statute, of which Canada was a major contributor. In its appearance before the House of Commons Standing Committee on Foreign Affairs and International Trade on May 30, stated that it believes that by introducing Bill C-19 the government of Canada will have to deal with the issue of war crimes and crimes against humanity before Canadian courts of criminal jurisdiction and cease denaturalization and deportation proceedings, especially against Canadians suspected of war crimes during the second world war whose immigration files have been destroyed by government employees consistent with the government's policy for disposal of unnecessary records after a fixed time.

The UCC also informed the standing committee that Bill C-19 treats differently crimes alleged to have been committed outside Canada than does the Rome Statute. The committee was further informed that Bill C-19 treats crimes alleged to have been committed in Canada differently from those alleged to have been committed outside Canada. The UCC impressed upon the committee the need for clarity and certainty in law beginning with something very basic: that the same definitions and rules apply to crimes bearing the same names in Bill C-19, whether they are alleged to have been committed inside Canada or outside the country. Attention was also drawn to the fact that Bill C-19 gives a retroactive application only to the provisions dealing with offenses committed outside of Canada.

2) On June 29, the governor general gave royal assent to the Crimes Against Humanity and War Crimes Act.

"The UCC noted that the government has accepted its recommendations that definitions used for crimes committed inside Canada are the same as those for crimes committed outside Canada," said Mr. Czolij. "However, more work remains to be done in this area to ensure that these definitions are more precise and that the application of the law is the same independently of where the crimes are committed," he added.

Mr. Czolij further underlined that the government also adopted another recommendation advanced by the UCC in its presentation by including in the definition of "crimes against humanity" a criteria that they must be committed against a civilian population or an identifiable group.

3) The UCC is currently reviewing Bill C-31, the Immigration and Refugee Protection Act, which was tabled on June 6, and it is looking forward to appearing before the House of Commons Standing Committee on Citizenship and Immigration to address this issue.

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"The ability of the UCC to continue to represent the views of Ukrainian Canadians is making a difference," said Mr. Czolij. "As we continue to review the progress made to date, the UCC lays the foundation for ensuring that issues of importance to our community are communicated in an effective and clear fashion," he stated.

Copyright © The Ukrainian Weekly, August 13, 2000, No. 33, Vol. LXVIII

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