In a significant legal decision, the federal government has been granted an additional four months to amend a controversial Canadian law that has left thousands of individuals in limbo—commonly referred to as the “Lost Canadians” law. This extension, now pushing the deadline to December 19, 2024, marks the second time the courts have given Ottawa more time to address the unconstitutional aspects of its citizenship legislation.
If you’re interested in how this impacts the broader landscape of Canadian law, keep reading to understand what this extension means for those affected and the potential future of citizenship rights in Canada.
Understanding the ‘Lost Canadians’ Law
The term “Lost Canadians” refers to individuals who, despite their Canadian lineage, have been denied citizenship due to outdated and discriminatory laws. Specifically, the current Canadian law prevents some Canadians born abroad from passing on their citizenship to children also born abroad. This has left many families in a legal grey area, unable to secure citizenship for their children, which could lead to statelessness in extreme cases.
Key Issues with the Law
- Generational Limits: Under the existing law, Canadian citizens born abroad may not be able to pass on their citizenship if their children are also born outside of Canada.
- Statelessness Risk: The law’s restrictions can result in children being stateless, with no legal citizenship in any country.
- Impact on Women: An estimated 170,000 women who were born abroad and are of childbearing age could be directly affected, having to make difficult choices that could impact their family’s future.
The Court’s Decision and the Road to Reform
Justice Jasmine Akbarali of the Ontario Superior Court of Justice originally ruled in late 2023 that the current Citizenship Act violated the constitutional rights of some Canadians born abroad. The court initially set a deadline of June 20, 2024, for the government to amend the law. However, due to delays, including the Liberal government’s inability to pass the necessary legislation before Parliament adjourned for the summer, the government requested an extension.
Justice Akbarali granted a seven-week extension until August 9, 2024, and now a further extension until December 19, 2024, to give Ottawa the time needed to pass Bill C-71, which aims to address these constitutional concerns.
Key Points from Justice Akbarali’s Rulings
- The urgency of the Issue: The judge emphasized the importance of addressing the hardships faced by families under the current law, noting that these are not “theoretical or minor constitutional violations.”
- Government’s Responsibility: The government is required to file a plan detailing how it will address the hardships experienced by those affected during the extension period.
- Interim Measures: Until Bill C-71 is passed, the government has the authority to grant citizenship to lost Canadians at the discretion of Immigration Minister Marc Miller.
What Does the Future Hold?
With the deadline now set for December 19, 2024, the federal government is under pressure to ensure that the new legislation is both effective and timely. Bill C-71 is expected to rectify the constitutional flaws in the current law, providing a pathway for those affected by the lost Canadians issue to secure their rightful citizenship.
However, the delay in passing the bill raises concerns about whether the government can meet this new deadline. The stakes are high, with an estimated 1.48 million Canadians both in Canada and abroad affected by the current law. This includes families who may be forced to make life-altering decisions about where to live, work, and raise their children.
The extension granted to Ottawa to fix the lost Canadian law highlights the complexities and challenges within Canadian law regarding citizenship rights. As the December 19 deadline approaches, the federal government must act decisively to ensure that all Canadians, regardless of where they were born, are granted the rights they deserve.
For those impacted by this law, the coming months will be critical. With the new legislation in the works, there is hope that the lost Canadians will finally find a resolution to their long-standing legal battles. Stay tuned to ImmigCanada for ongoing updates on this pivotal issue in Canadian law.
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