An unknown number of young people born abroad to Canadian parents may have to wait until at least December to gain citizenship, following recent court and legislative developments. The Ontario Superior Court ruled last year that restrictions imposed by the previous Conservative government in 2009 were unconstitutional. These restrictions limited citizenship by descent to children born in Canada if their Canadian parents were born outside the country, creating two classes of citizens.
The court mandated that the federal government reverse the 2009 change and set a deadline of June 19, 2024, for implementation.
However, on Wednesday, the court extended this deadline to August 9, 2024, at the government’s request. An Immigration, Refugees and Citizenship Canada (IRCC) spokesperson informed CTVNews.ca that the extension comes with conditions, including a hearing on August 1, 2024, to consider whether another extension to December 2024 is necessary.
The court has requested a progress report on Bill C-71 before the August hearing. This bill, introduced in late May 2024, aims to amend the Citizenship Act to automatically grant citizenship to those affected by the 2009 policy. If passed, it will also require Canadian citizens born abroad to spend at least three years in Canada before their foreign-born or adopted children can inherit citizenship rights.
The government’s push to resolve the issue has highlighted the potential for a surge in citizenship applications, which could strain government resources. This was underscored by immigration expert Parsai, who noted, “The Ontario Superior Court’s ruling in 2023 was a pivotal moment, acknowledging the unfairness of the 2009 policy. This change will be immensely positive for Canadians and their families, restoring their sense of belonging and legal recognition.”
For those affected, the government offers a digital tool to help determine eligibility for Canadian citizenship. The resolution of this issue is eagerly awaited by many young Canadians abroad, who have faced uncertainty about their status due to the 2009 policy.
As the government works towards implementing Bill C-71, it remains to be seen how quickly and effectively these changes can be enacted to address the citizenship needs of young Canadians born abroad.
