Canadian citizenship comes with benefits such as the right to vote, run for political office, and hold a Canadian passport, which, according to the World Economic Forum, is among the world’s top ten most powerful in 2024.
The Minister of Immigration, Refugees and Citizenship, Marc Miller, tabled a bill in the House of Commons on May 23, 2024, to allow legislation extending citizenship by descent beyond the first generation.
The first-generation limit prevents Canadian citizens born abroad from passing the citizenship on to their child born outside Canada and cannot apply for a direct grant of citizenship for a child born outside Canada and adopted.
However, if Bill C-71 passes, children of Canadian citizens who were born abroad can pass their citizenship on to their children. It will also “restore citizenship to ‘Lost Canadians.’” These people have lost or never gained Canadian citizenship due to previous and outdated legislation.
In 2009, Prime Minister Stephen Harper’s government instituted the first-generation limit in response to public outcry over Canada spending $94 million to evacuate 15,000 Canadian citizens from Lebanon during the 2006 Israel-Hezbollah war. Several MPs and political commentators questioned the strength and legitimacy of the evacuees’ ties to Canada.
Bill C-71, aimed at amending the Citizenship Act (2024), would also restore citizenship to “Lost Canadians” – people who have lost or never acquired citizenship due to outdated provisions or previous citizenship legislation. It will also grant citizenship to their descendants, and anyone born abroad to a Canadian parent in the second or subsequent generations before the legislation’s enforcement.
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The minister said if the bill passes in Parliament and receives royal assent, his department will quickly work to implement the changes and provide information on its website to eligible individuals.
The legislation also says, “parents born abroad who have or adopt children also born outside Canada will need to have spent at least 1,095 cumulative days of physical presence in Canada prior to the birth or adoption of their child to pass on citizenship.”
The proposed legislation follows a Superior Court of Justice ruling on December 19, 2023, that the first-generation limit, which limited citizenship by descent to persons born to a Canadian parent abroad in the first generation (with some exceptions), was unconstitutional. The court found that this rule violated the Canadian Charter of Rights and Freedoms, especially concerning discrimination based on national origin.
The government did not appeal the ruling because “the law has unacceptable consequences for Canadians whose children were born outside the country.”
The decision addresses the adverse effects on Canadian families with children born abroad, allowing more families to maintain Canadian citizenship.
How the government will provide relief to the second generation born abroad is still being determined. Immigration Minister Marc Miller said: “People who may be impacted by this situation will no doubt have questions about what this means for them and their families. That is why we will continue to assess the impact of the decision on existing legislation and will provide more information and confirm next steps as quickly as possible.”
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Miller emphasized the need to make the citizenship process fairer and more transparent. The government is currently assessing the ruling’s impact and considering legislative amendments to ensure compliance with the court’s decision.
“The current rules generally restrict citizenship by descent to the first generation, excluding some people who have a genuine connection to Canada. This has unacceptable consequences for families and impacts life choices, such as where individuals may choose to live, work, study, or even where to have children and raise a family,” Miller said.
“These changes aim to be inclusive and protect the value of Canadian citizenship, as we are committed to making the citizenship process as fair and transparent as possible.”
Miller said the government may have to request an extension from the court while the bill passes the House of Commons, but he doesn’t want to delay fixing the issue because people will be prejudiced while they wait.
