Latest news with #LostCanadians
CTV News
4 days ago
- Politics
- CTV News
Liberals introduce ‘citizenship by descent' legislation
A section of the nearly 400 new Canadians from 65 countries, take oath of citizenship at a ceremony in Toronto, on Friday, July 19, 2024. THE CANADIAN PRESS/Chris Young New legislation introduced today would extend citizenship by descent rules beyond the first generation. Bill C-3, An Act to amend the Citizenship Act, would automatically give citizenship to anyone who would be a citizen today if not for the first-generation limit. Under the current rules, a Canadian citizen born outside Canada cannot pass their citizenship to their child who was also born outside the country. The new legislation would allow access to citizenship beyond the first generation so long as the parent has spent at least 1,095 cumulative days, or three years, physically in Canada prior to the birth of their child. A news release from the federal government says the law would work 'in a way that is inclusive and protects the value of Canadian citizenship.' Vancouver immigration lawyer Ryan Neely welcomes this legislation, saying it resolves issues that failed to be addressed 10 years ago. 'The proposed legislation appears to cure the issues for the few remaining 'Lost Canadians' that were not addressed through the 2009 and 2015 changes to the Act,' he told CTV News. The new amendment reverses a change made by then-Conservative prime minister Stephen Harper, which prohibited Canadians born abroad from passing citizenship to their children unless they were born in Canada. Two years ago, the Ontario Superior Court declared the first-generation limit for many people is unconstitutional. The government opted not to appeal the ruling, but the limit continued to apply after the court suspended its declaration. Cutting off immigration to those after the first generation is not an uncommon position in other places, says Toronto-based immigration lawyer Heather Segal, but this new amendment may be a suitable change for Canadians. 'Allowing a cohort of second-generation individuals to acquire citizenship may be appropriate as their parents may continue to have ties, including family in Canada, and their kids want to maintain their connection to Canadian heritage via citizenship,' Segal told CTV News. A bill to amend the Citizenship Act – bill C-71 -- was introduced last May by Justin Trudeau's government but had not received royal assent. Neely adds that, should this new legislation pass, it will create an 'unknown, but significant number of Canadian citizens around the world.' 'Foreign nationals who had been seeking to come to Canada as permanent residents before, but who may have been unable to meet the stringent points requirements under the current assessment tools, may now find that they are already Canadian citizens if they are able to trace a direct descendant to Canada, or the Dominion of Canada prior to 1947,' Neely said, adding that this new legislation may redefine the scope of Canadian identity. Potential immigration processing backlog With the possibly of a flood of new Canadians, both lawyers worry about Immigration, Refugees and Citizenship Canada's (IRCC) capacity to process a significant number of new applications. Neely says the government must ensure that the agency's systems are 'equipped to handle the influx of applications.' Segal echoes that notion, saying it may create a 'floodgates issues.' According to the IRCC's website, as of April 30, there are currently more than 2 million applications in their inventory, of which 242,500 are for citizenships. The backlog stands at 760,200 applications. According to the agency's data, the IRCC's backlog has more than halved since 2022.
Globe and Mail
5 days ago
- General
- Globe and Mail
Ottawa retables ‘Lost Canadians' bill in bid to restore citizenship rights before court deadline
The federal government has reintroduced a bill to grant citizenship to 'Lost Canadians' – children born abroad to foreign-born Canadians – after an attempt by the Liberals to restore their right to hold a passport died before the election. The Liberals introduced a bill in the last Parliament to restore citizenship to 'Lost Canadians.' But it was one of more than 20 bills stopped in their tracks by the proroguing of Parliament ahead of the federal election. The Ontario Superior Court ruled in December 2023 that it is unconstitutional to deny citizenship to children born in another country to Canadians also born outside Canada. The last Liberal government did not appeal the ruling and the court granted the government a series of extensions – until November this year – to make changes to the law. On Thursday, Immigration Minister Lena Diab reintroduced the bill to make changes to the Citizenship Act. Bill C-3 requires Canadian parents born abroad to demonstrate a substantial connection to Canada before they can pass on citizenship to a child born outside Canada. They would need to have a cumulative 1,095 days – the equivalent of three years – spent in Canada before the birth or adoption of the child seeking citizenship. The bill is meant to reverse a change by Stephen Harper's Conservative government in 2009 that stripped children of a Canadian parent born outside Canada of their automatic right to citizenship. The 2009 change was designed to crack down on what Conservatives called 'Canadians of convenience.' It followed an outcry after Canada spent more than $80-million to evacuate 15,000 Canadian citizens from Lebanon in 2006 during the Israel-Hezbollah war. The Parliamentary Budget Officer has estimated that the bill could create around 115,000 new citizens in the next five years. Renée LeBlanc Proctor, spokesperson for the minister, said the restrictions to citizenship by descent to the first generation born abroad had led to 'unacceptable consequences for Canadians whose children were born outside the country.' She said legislation would 'ensure the remaining cohort of Lost Canadians are properly recognized as citizens.' Don Chapman, a long-time advocate for restoring citizenship to Lost Canadians, welcomed the early introduction of a bill in the new Parliament. 'People, including children, are being denied their constitutional right of citizenship,' he said. 'Canada is too good of a country to allow its own citizens to be ostracized.' Toronto lawyer Sujit Choudhry, who filed the successful constitutional challenge to the Citizenship Act on behalf of 'Lost Canadian' clients, said the new bill was identical to the last, which he said 'died on the order paper because the government did not make it a legislative priority. 'The government must use every tool at its disposal to ensure that the same fate does not befall Bill C-3, which must be passed and brought into force by November 20, 2025,' he said.
CTV News
5 days ago
- Politics
- CTV News
‘Lost Canadians' bill tabled after judge sets November deadline for passage
Minister of Immigration, Refugees and Citizenship Lena Diab takes part in the cabinet swearing-in ceremony at Rideau Hall in Ottawa on Tuesday, May 13, 2025. THE CANADIAN PRESS/Christinne Muschi OTTAWA — Immigration Minister Lena Diab tabled legislation today to restore citizenship to 'Lost Canadians' after a court found the existing law unconstitutional. 'Lost Canadians' refers to people who were born outside of the country to Canadian parents who were also born in another country. In 2009, the Conservative federal government of the day changed the law so that Canadians who were born abroad could not pass down their citizenship unless their child was born in Canada. That law was deemed unconstitutional by the Ontario Superior Court in Dec. 2023 and the Liberal government did not challenge the ruling. The government received its fourth deadline extension to pass legislation to address the issue in April. The government applied for a one-year extension but Justice Jasmine Akbarali set a November 20 deadline, saying that should be enough time for the government to implement 'remedial legislation' if it makes it a 'priority.' This report by The Canadian Press was first published June 5, 2025. David Baxter, The Canadian Press
