Ruling on Citizenship

Canada Declines to Contest Ruling on Citizenship Descent Limit

In a recent development, the Honorable Marc Miller, Minister of Immigration, Refugees and Citizenship, has announced that Canada will not be appealing a significant ruling regarding citizenship by descent. This ruling pertains to the so-called “first generation limit,” a provision in the Citizenship Act that currently prevents automatic Canadian citizenship for children born abroad to Canadian citizens beyond the first generation. The ruling, issued by the Ontario Superior Court of Justice on December 19, 2023, declared this limit unconstitutional.

Unintended Consequences of the First Generation Limit

The Citizenship Act’s first generation limit has long been a source of concern and has had unintended and unacceptable consequences for Canadians whose children were born outside the country. The provision created a scenario where, beyond the first generation born abroad, subsequent generations did not acquire Canadian citizenship automatically at birth. This has led to complexities and challenges for affected individuals and their families.

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Minister Miller’s Statement

Minister Miller acknowledged the impact of the first generation limit on Canadians and their families. In light of the ruling, he stated that Canada would not be pursuing an appeal. This decision signals a commitment to rectifying the adverse effects of the existing law. Minister Miller emphasized that the federal government of Canada is striving to make all the possible efforts to address the concerns of those affected and planning to take effective steps to evaluate the impact of the court decision.

Next Steps and Considerations

While the ruling has immediate implications, many questions arise regarding its specific effects and the subsequent steps to be taken. Minister Miller assured that the government is actively evaluating the decision’s impact on current legislation. He pledged to provide additional information promptly and confirm the next steps in addressing the concerns raised by the court ruling.

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Commitment to Fair and Transparent Citizenship Process

Minister Miller concluded his statement by reiterating the value of Canadian citizenship globally. As the Minister of Immigration, Refugees and Citizenship, he expressed a steadfast commitment to ensuring that the citizenship process remains fair and transparent. Canada has decided not to appeal the ruling on the first generation limit.

This highlights Canada’s commitment to rectify an aspect of the Citizenship Act that has proven problematic. The government’s ongoing assessment of the ruling’s impact demonstrates a commitment to transparency in the citizenship process. As developments unfold, affected individuals can anticipate further information on the specific implications and adjustments to existing legislation.

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