Author: Azadeh Haidari-Garmash, RCIC
Expanding Canadian Citizenship Rights
Proposed Bill C-71 aims to broaden citizenship by descent and restore rights to "Lost Canadians"
In a significant move aimed at reshaping the landscape of citizenship rights, Canada has introduced a new bill that promises to extend citizenship by descent beyond the current limitations. The Honourable Marc Miller, Minister of Immigration, Refugees and Citizenship, unveiled Bill C-71, a legislative proposal designed to modify the Citizenship Act. This bill not only aims to widen the scope of citizenship eligibility but also seeks to address longstanding issues affecting individuals known as "Lost Canadians."
An Inclusive Step Forward
Under the existing Canadian Citizenship Act, the ability to pass on citizenship is largely restricted to the first generation born abroad. This means that Canadian citizens who themselves were born outside of Canada cannot automatically confer citizenship to their children if those children are also born overseas. The legislation, therefore, has been perceived as restrictive and not fully reflective of the diverse, global reality in which many Canadian families live.
Bill C-71 proposes to dismantle this first-generation barrier, thereby allowing children born or adopted abroad by Canadian parents to receive Canadian citizenship automatically. For this to apply, the Canadian parent(s) must have resided in Canada for a total of 1,095 days before the child's birth or adoption. This change is expected to bring much-needed clarity and fairness to the citizenship process, aligning it more closely with the values of inclusivity and diversity that Canada espouses.
Addressing the Plight of "Lost Canadians"
The proposed legislation also seeks to rectify the historical injustices faced by "Lost Canadians." These are individuals who, due to previous citizenship laws, either lost their Canadian citizenship or were unable to acquire it. Specifically, those affected were typically second-generation Canadians born abroad between February 15, 1977, and April 16, 1981, who lost their citizenship upon reaching the age of 28, as per the now-defunct section 8 of the Citizenship Act.
While past amendments in 2009 and 2015 addressed many of these cases, some individuals remain in limbo. Bill C-71 aims to restore citizenship to these individuals and their descendants, reaffirming their connection to Canada.
Legal Context and Future Prospects
The impetus for this legislative shift partly stems from a ruling by the Ontario Superior Court of Justice on December 19, 2023, which found the first-generation limit unconstitutional. The court's decision underscored the inequities inherent in the current system, prompting the government not to appeal and instead move forward with reform.
As the bill makes its way through parliamentary processes, further details are expected to emerge. However, with Parliament's summer recess in effect, a vote on Bill C-71 is not anticipated until later in 2024. Should the bill pass, the Canadian immigration authorities plan to expedite its implementation to swiftly benefit those affected.
In the meantime, those potentially impacted by the proposed changes are advised to stay informed and seek guidance on how these legislative amendments may influence their citizenship status. The Ministry has committed to updating public resources to ensure clarity and transparency throughout the process.
Looking Ahead
As Canada continues to evolve its immigration and citizenship policies, the introduction of Bill C-71 marks a pivotal moment in the nation's ongoing journey towards a more inclusive society. By addressing the needs of Canadian families abroad and rectifying historical oversights, this legislation demonstrates a commitment to fairness and equity in citizenship rights.
