The federal government has decided not to challenge a recent court ruling that declared a section of the Citizenship Act unconstitutional. This section, known as the “first generation limit,” prevented children born abroad to Canadian parents from obtaining Canadian citizenship beyond the first generation. The Ontario Superior Court of Justice, in a decision on Dec. 19, 2023, deemed the limit unconstitutional, asserting that it created disparities in Canadian citizenship.
Immigration Minister Marc Miller stated in a news release, “This law, as it currently stands, has had unacceptable consequences for Canadians whose children were born outside the country. For this reason, we will not appeal the ruling.”
The court case, initiated by families living abroad affected by the limit, received widespread support. Toronto-based constitutional lawyer Sujit Choudhry, representing the families, noted their sense of vindication and relief following the government’s decision.
The first generation limit, introduced in 2009 by then-Prime Minister Stephen Harper, aimed to ensure a “real connection” to Canada. However, Justice Jasmine Akbarali’s recent ruling found it in violation of Charter rights, specifically related to mobility and equality.
Choudhry emphasized the difficulty faced by “lost Canadians” abroad, who now have a second-class citizenship status. While the exact number of affected individuals is unclear, the 2021 census indicated over 322,000 Canadians by descent residing in Canada.
The court ruling necessitates the federal government to repeal the limit within six months. Notably, Bill S-245, currently in Parliament, proposes amendments allowing second-generation Canadians born abroad to transmit citizenship if they can demonstrate a “substantial connection with Canada.”
Choudhry suggested a straightforward parliamentary process to implement the amendments. Immigration Minister Miller assured ongoing assessment of the ruling’s impact on existing legislation, promising prompt updates on the next steps.