In a significant move to modernize and rectify long-standing citizenship issues, the Government of Canada has introduced Bill C-71, an amendment to the Citizenship Act. This legislation aims to address the inequities and limitations posed by the first-generation rule for citizenship by descent and extend citizenship rights to a broader array of individuals, including those commonly referred to as “Lost Canadians.”
Addressing the First-Generation Limit
The current Citizenship Act includes a first-generation limit, allowing Canadian citizens to pass on citizenship to their children born outside Canada only if the citizen parent was either born in Canada or naturalized before the birth of the child. This has meant that Canadian citizens born abroad could not pass on citizenship to their children born outside Canada, nor could they apply for direct citizenship grants for children they adopt abroad.
This limitation was recently deemed unconstitutional by the Ontario Superior Court of Justice in December 2023, prompting the government to reconsider and amend the existing laws. Recognizing the unfair consequences of this rule, the government decided not to appeal the court’s decision.
Key Provisions of Bill C-71
1. Automatic Citizenship Remedy:
Bill C-71 proposes to automatically rectify the status of individuals who would have been Canadian citizens if not for the first-generation limit. This retrospective provision ensures that people previously excluded due to this rule can now obtain citizenship.
2. Substantial Connection Framework:
Looking forward, the bill introduces a “substantial connection” test for citizenship by descent beyond the first generation. Under this new framework, Canadian parents born abroad can pass on citizenship to their children born abroad if they can demonstrate a substantial connection to Canada. This connection is quantified as a cumulative 1,095 days (three years) of physical presence in Canada before the birth or adoption of the child.
Inclusion of Lost Canadians
The term “Lost Canadians” refers to individuals who lost or never acquired Canadian citizenship due to outdated legal provisions. Although many of these cases were addressed by legislative changes in 2009 and 2015, some individuals and their descendants remain excluded. Bill C-71 aims to restore citizenship to these remaining Lost Canadians and their descendants, addressing gaps left by previous amendments.
Implications and Significance
The introduction of Bill C-71 signifies a pivotal shift towards a more inclusive and equitable citizenship framework in Canada. By addressing the first-generation limit and extending citizenship to Lost Canadians, the government is acknowledging and rectifying historical injustices. This amendment also ensures that Canadian citizens, irrespective of where they were born, can maintain a meaningful connection to their homeland and pass on their heritage to their children.
Furthermore, the substantial connection test aligns with the modern realities of global mobility, recognizing that Canadians can maintain strong ties to their country even while living abroad. This progressive approach balances the need for a connection to Canada with the realities faced by many Canadians who live and work overseas.
Conclusion
Bill C-71 represents a significant step forward in Canada’s ongoing efforts to make its citizenship laws fairer and more inclusive. By remedying the limitations of the first-generation rule and addressing the needs of Lost Canadians, this legislation ensures that Canadian citizenship is accessible to all those who have a substantial connection to the country. This move not only rectifies past injustices but also sets a forward-looking precedent for a more inclusive and just citizenship policy.
