Expanded citizenship eligibility delayed until August

An unknown number of young people born abroad to Canadian parents will have to wait until at least August to be eligible for citizenship.

Last year, the Ontario Superior Court ordered Ottawa to reverse restrictions imposed by the previous Conservative government in 2009, which limited citizenship by descent to children born in Canada if their Canadian parents were born outside the country.

The court declared the 2009 change unconstitutional for creating two classes of citizens and gave Ottawa until June 19 to implement a solution. On Wednesday, the court granted the government’s request to extend that deadline to Aug. 9.

“Many individuals who considered themselves Canadian were excluded from citizenship simply due to their place of birth,” Toronto-based immigration consultant Al Parsai told CTVNews.ca. “By declaring it unconstitutional, the court recognized the adverse impact on Canadian families and their ties to their heritage.”

The new rules are found in Bill C-71, An Act to Amend the Citizenship Act, which was introduced in late May. If passed, citizenship would automatically be granted to anyone affected by the 2009 change. Going forward, Canadian citizens who were born abroad will also have to spend at least three years in the country before a foreign birth or adoption to be able to pass on citizenship rights to their children.

“There’s no doubt that Canadian citizenship is highly valued and recognized around the world,” Immigration Minister Marc Miller previously said. “We want citizenship to be fair, accessible, with clear and transparent rules.”

With the House of Commons adjourning for the summer on Wednesday, the bill is expected to remain on hold until members of Parliament resume legislative business in mid-September, likely necessitating another court extension.

The government has no idea how many so-called “Lost Canadians” are impacted. All are aged 15 and younger.

“I’ve talked to family members who’ve been separated from their loved ones because of this unjust law that Conservatives brought in 15 years ago,” NDP immigration critic Jenny Kwan, who helped draft the new legislation alongside the Liberals, said last month. “I’ve talked to family members where their children are deemed stateless, lost in the system, because of this unjust, punitive, unconstitutional law.”

Anyone affected will be able to apply online for a Canadian citizenship certificate. Immigration, Refugees and Citizenship Canada also has a digital tool that can help you find out if you are Canadian.

Parsai expects to see a surge in citizenship applications, which could strain government resources.

“The Ontario Superior Court’s ruling in 2023 was a pivotal moment, acknowledging the unfairness of the 2009 policy,” Parsai said. “This change will be immensely positive for Canadians and their families, restoring their sense of belonging and legal recognition.”

With files from The Canadian Press