Canada to Grant Citizenship to Children Born Abroad, Restoring Rights of ‘Lost Canadians’

In response to a court order, the federal government has introduced legislation to restore citizenship rights to “lost Canadians” born outside the country and to prevent similar issues in the future.

This legislation would automatically grant Canadian citizenship to individuals born abroad to a Canadian parent who was also born abroad before the changes take effect. For those born outside Canada afterward, proof of a “substantial connection” to Canada, through a residency requirement of their foreign-born Canadian parent, will be necessary.

“This will be the first time the Citizenship Act is truly Charter-compliant,” said Don Chapman, a dedicated advocate for lost Canadians, following the introduction of Bill C-71 in Parliament on Thursday. “It’s monumental and has significant implications.”

In 2009, the Conservative government eliminated the “substantial connection” requirement and implemented a universal rule that bars the first generation born abroad from passing on citizenship by descent outside Canada to the subsequent generation. This policy led to the emergence of a group known as “lost Canadians.”

“We aim for our citizenship to be equitable, accessible, and governed by clear, transparent regulations,” stated Immigration Minister Marc Miller during a press briefing. “While not everyone is entitled to citizenship, for those who are, fairness is paramount.

“We sought to use this opportunity to further reduce discrepancies in outcomes for children born abroad… as compared to those born to Canadians within Canada.”

As per the proposed amendment, children born to Canadians abroad since 2009 would automatically receive citizenship, and a new substantial connection assessment would be established for those born after the enactment of the new law.

Last year, individuals classified as “lost Canadians” and their families initiated a constitutional challenge in court against the two-generation citizenship limitation.

In December, the Ontario Superior Court of Justice declared it unconstitutional for Canada to withhold automatic citizenship from children born abroad solely because their parents were also born abroad. The court granted the federal government a six-month period, until June 19, to revoke the second-generation cutoff rule and revise the Citizenship Act accordingly.

Facing the impending deadline set by the court, Miller noted that the government is unlikely to secure royal assent in time and may need to request an extension from the judge, potentially leading to further delays for affected children and grandchildren of Canadians seeking citizenship and reunification with their families in Canada.

“We are exploring various options,” Miller remarked. “However, we are cautious about seeking repeated extensions as it continues to disadvantage certain individuals.”

The Harper government introduced changes to the citizenship law, including the implementation of the second-generation cutoff, following its extensive efforts to evacuate 15,000 Lebanese Canadians stranded in Lebanon during Israel’s month-long conflict in 2006.

The $85-million cost of the evacuation operation ignited a discussion on “Canadians of convenience” — referring to individuals with Canadian citizenship who permanently reside outside of Canada without substantial ties to the country, yet were still considered part of the government’s responsibility.

Canadian citizens who adopt children overseas have two avenues to secure citizenship for their internationally born adoptees: either apply for a direct citizenship grant from abroad, enabling the child to arrive in Canada as a citizen; or sponsor the child to come to Canada as a permanent resident and apply for naturalization after fulfilling the 1,095-day residency requirement.

As per current legislation, adoptees who gain citizenship through a direct grant cannot transmit citizenship to a child born or adopted abroad, except through sponsorship. The proposed amendment would offer a citizenship pathway for the foreign-born descendants of this group if they meet the connection requirement. However, they would still be treated differently from other adoptees, who would be classified as first-generation Canadians.