Canada requests extension for citizenship law reform

Understanding the "Lost Canadians" Initiative

Immigration Minister Marc Miller has announced an opportunity for “lost Canadians” to acquire Canadian citizenship. This term refers to individuals born outside Canada to Canadian parents who were themselves born abroad. In 2009, the Conservative federal government made significant changes to the citizenship law, restricting Canadians born overseas from passing their citizenship to their children unless those children were born within Canada.

The Ontario Superior Court of Justice ruled this law unconstitutional in late 2023, a ruling that the government acknowledged. Since then, the government has requested multiple extensions to the deadline for passing new legislation granting citizenship to those affected.

In his recent statement, Miller revealed that the government has sought a 12-month court extension to the current deadline of March 19. During this interim period, discretionary citizenship grants will be available for individuals born or adopted before December 19, 2023, the date of the original court ruling.

New Eligibility Criteria and Court Challenges

The interim rules extend eligibility for citizenship to “lost Canadians” born or adopted after December 19, 2023, provided they have a parent who is a Canadian citizen and has resided in Canada for at least three cumulative years. This three-year residency requirement was part of previously proposed legislation meant to establish a consistent mechanism for citizenship for those born overseas beyond the first generation.

In a ruling dated March 13, Judge Jasmine Akbarali indicated her willingness to offer the government additional time to substantiate how they plan to address the implications of the unconstitutional law, extending the deadline to April 25. Akbarali pointed out insufficient evidence regarding the policy that would be implemented and how it would be communicated to those affected.

Legal representative Sujit Choudhry, who advocates for those contesting the law, suggested that the court should grant only a four-month extension, arguing that a longer extension likely stems from the potential for a federal election soon.

The Implications of the Court's Decision

The federal argument submitted to the court underscores concerns regarding the potential outcomes if the deadline lapses without proper legislation. The court noted that this would result in some individuals automatically gaining Canadian citizenship while others remain excluded. The court deliberated on these points Thursday morning and is expected to decide shortly.

Miller’s initiative signals a critical step towards rectifying past legislative oversights and ensuring that "lost Canadians" can access citizenship. The outcome of this court case could significantly influence the future of citizenship for many individuals connected to Canadian heritage.