The federal government has received a brief extension to revise citizenship laws affecting “lost Canadians” born abroad, following an Ontario court’s ruling requiring Ottawa to reinstate their citizenship rights.
Despite lacking a comprehensive plan for urgent cases impacted by the delay, the government was granted a reprieve to amend the Citizenship Act, specifically to address the “second-generation cut-off” rule deemed unconstitutional by the court six months ago. The rule denied automatic citizenship to children born outside Canada if their parents were also born overseas.
On Wednesday, just before the original deadline, the government requested a six-month extension, citing the introduction of amendment bill C-71 in May. This bill aims to grant citizenship to those affected and address legislative gaps to prevent future issues. Officials highlighted the complexity of the legislative process, which includes training immigration staff, updating forms and websites, and coordinating various efforts.
Judge Jasmine Akbarali granted only a seven-week extension, emphasizing the need for an interim plan to handle urgent citizenship requests and pushing for the passage of Bill C-71 by December 19. She stressed the importance of balancing the government’s need to fix the issue properly and the continued hardship faced by affected Canadians.
“While it has been working on the legislation, the respondent has not proceeded with any sense of urgency to rectify the unconstitutional aspects of the legislation,” Akbarali noted in her decision. She criticized the government for not having an effective mechanism to address the hardship caused by the delay.
The judge highlighted that approximately 170,000 first-generation women born abroad, who are at the age where family planning decisions are made, continue to be affected by the current law. The court compared the delay in passing Bill C-71 to other bills that were expedited, such as Bill C-62 regarding medical assistance in dying, which passed swiftly earlier this year.
“There is no explanation as to why this bill is languishing since May 23, 2024, when the government was aware of the date on which the suspended declaration of invalidity was set to expire,” said Akbarali. She added that the current law interferes with Canadians’ Charter rights, affecting their decisions on living arrangements and family planning.
The government’s proposal to grant citizenship at the immigration minister’s discretion during the interim was deemed “ineffective and poorly communicated” by the judge. Toronto lawyer Sujit Choudhry, representing six families in the constitutional challenge, expressed satisfaction with the court’s decision, which included granting citizenship and compensation to three of the families.
“They now have the full benefit of the court’s judgment,” Choudhry stated. “They are not second-class citizens anymore. It was very important for them that there be accountability. They led this fight not just for themselves, but for everyone like them.”
The parties will reconvene on August 1 to review the government’s progress on the interim plan and efforts to pass Bill C-71 by the new deadline. The court will then make a final decision regarding the extension to December 19.
The “second-generation” cut-off was initially introduced by a Conservative government, removing the “connection test” for descendants reclaiming citizenship based on their ties to Canada. Despite numerous amendments, many Canadians remain affected by these rules.
Source: Toronto Star
