Author: Azadeh Haidari-Garmash, RCIC
Canadian citizenship redefined
Minister Marc Miller addresses a crucial issue for "lost Canadians"
On This Page You Will Find:
- How "Lost Canadians" can now claim citizenship
- The history and controversy behind the 2009 law
- Minister Marc Miller's new citizenship grants
- Legal perspectives and upcoming court decisions
- Key takeaways for affected individuals
Summary:
Canadian Immigration Minister Marc Miller has announced a temporary solution for "lost Canadians," offering them a pathway to citizenship following a court ruling that deemed the existing law unconstitutional. This decision affects individuals born outside Canada to Canadian parents who were also born abroad. With the federal government seeking a 12-month extension to draft new legislation, Miller's department will provide discretionary citizenship grants as an interim measure. This move could significantly impact the lives of many who have long awaited their rightful citizenship.
🔑 Key Takeaways:
- "Lost Canadians" can now apply for citizenship through discretionary grants.
- The 2009 law preventing the passing of citizenship to children born abroad is unconstitutional.
- Minister Miller seeks a 12-month extension to draft new legislation.
- Eligible individuals include those born or adopted before December 19, 2023.
- A court decision on the government's extension request is pending.
New Opportunities for "Lost Canadians" Seeking Citizenship
Imagine being born outside your country, only to discover that bureaucratic red tape prevents you from claiming citizenship. This is the plight of "lost Canadians," individuals born abroad to Canadian parents who were also born outside Canada. Now, after years of legislative hurdles, these individuals have a new opportunity to claim their citizenship. Immigration Minister Marc Miller announced a temporary solution via discretionary grants, as the government seeks to amend a law deemed unconstitutional by the Ontario Superior Court of Justice Toronto Star.
The 2009 Law and Its Impact
In 2009, a law was passed under the Conservative government restricting citizenship rights for individuals born abroad. This meant that unless children were born in Canada, they could not inherit their parents' Canadian citizenship. The Ontario Superior Court ruled this law unconstitutional in late 2023 CTV News. This decision forced the current Liberal government to reconsider its stance on the issue.
Minister Miller's Discretionary Grants
Minister Marc Miller's announcement comes in response to a court ruling that the existing law is unconstitutional. The government is now offering discretionary citizenship grants to those affected, specifically for those born or adopted before December 19, 2023, the date of the court's ruling CBC News. For those born or adopted after this date, eligibility extends to individuals whose Canadian parent spent at least three cumulative years in Canada under the interim rules.
Legislative Challenges and Extensions
The legislation meant to address the citizenship issues of "lost Canadians" died on the order paper when Parliament was prorogued in January. A three-year rule was part of this legislation, aiming to create a consistent mechanism for granting citizenship to people born abroad beyond the first generation. In response, the federal government has requested a 12-month extension to the March 19 deadline to draft new legislation The Globe and Mail.
Legal Perspectives and Court Decisions
Sujit Choudhry, a lawyer representing individuals affected by the law, suggests that a four-month extension is sufficient, citing the likelihood of an imminent federal election as the true reason for the 12-month request. Courts have traditionally granted four-month extensions during election campaigns, and Choudhry believes this should apply here as well National Post.
The court is currently deliberating on these arguments, with a decision expected soon. A lapse in the deadline without new legislation could mean automatic citizenship for some while others remain excluded Toronto Star.
Conclusion
For those affected by the "lost Canadians" law, this announcement from Minister Miller represents a significant step forward. While the future remains uncertain pending the court's decision on the government's extension request, the interim solution offers hope to those who have long sought recognition as Canadian citizens. This development could reshape the lives of many families, offering them the chance to finally call Canada home.
