‘Lost Canadians’ citizenship bill tabled as court deadline looms
New Legislation Introduced to Restore Citizenship to “Lost Canadians”
Immigration Minister Lena Diab introduced new legislation on Thursday aimed at restoring citizenship to individuals known as “lost Canadians” following a court ruling that deemed the existing law unconstitutional.
The term “lost Canadians” refers to individuals who were born outside of Canada to Canadian parents who were also born in another country.
In 2009, the federal Conservative government changed the law, preventing Canadians born abroad from passing down their citizenship if their child was born outside of Canada. This law was declared unconstitutional by the Ontario Superior Court in December 2023, prompting the Liberal government to take action.
After receiving several deadline extensions, the government was given a final deadline of November 20th to pass remedial legislation to address the issue. Justice Jasmine Akbarali expressed concerns about the potential harm if the existing law was invalidated without a replacement in place.
NDP immigration critic Jenny Kwan criticized the delays in passing the legislation, attributing them to the government’s failure to act promptly and a Conservative filibuster in Parliament.
The new legislation, Bill C-3, proposes granting automatic citizenship to individuals who were previously denied under the current law. It also establishes a new framework for citizenship by descent, allowing citizenship to be passed down beyond the first generation if the parents spent a cumulative three years in Canada before the child’s birth or adoption.
These provisions were the primary goals of the original “lost Canadians” bill and aim to address the longstanding issue affecting individuals born abroad to Canadian parents.
