Canadian Citizenship Changes Delayed

The Canadian federal government has encountered a significant setback in its plans to amend the Citizenship Act, particularly concerning the second-generation cut-off provision for citizenship by descent. This delay has far-reaching implications for many individuals, especially those known as “lost Canadians” who have been eagerly awaiting these changes.

The Prorogation of Parliament and Its Impact

On January 6, 2025, Prime Minister Justin Trudeau announced his resignation as leader of the Liberal Party of Canada and requested Governor General Mary Simon to prorogue Parliament until March 24, 2025. This prorogation means that the federal government will miss the extended deadline of March 19, 2025, to make the necessary amendments to the Citizenship Act1.

The prorogation of Parliament has several consequences:

1. All current bills, including Bill C-71, which aimed to address the citizenship by descent issue, have died on the order paper.
2. The legislative process will need to start anew when Parliament resumes.
3. “Lost Canadians” and others affected by the current legislation will face further delays in obtaining their rightful citizenship status.

Understanding the Second-Generation Cut-Off

The second-generation cut-off, established in 2009, is a provision in the Citizenship Act that limits the transmission of Canadian citizenship by descent. Under this rule:

• Canadian citizens who gained citizenship by descent when born abroad cannot pass on their citizenship to their children also born outside Canada.
• This limitation does not affect Canadian citizens born in Canada or those who have been naturalized1.

In December 2023, the Ontario Superior Court of Justice ruled these provisions unconstitutional, granting the government a grace period to amend the legislation. This period has been extended multiple times, with the most recent deadline set for March 19, 20251.

The Proposed Changes: Bill C-71

Before the prorogation, the government had introduced Bill C-71 in May 2024. This bill proposed significant changes to the citizenship by descent rules:

• It would allow citizenship by descent to the second generation, provided certain conditions are met.
• The key condition was that the child’s parent must have spent at least 1,095 days (approximately three years) in Canada prior to the child’s birth or adoption3.

These changes aimed to strike a balance between maintaining the integrity of Canadian citizenship and addressing the concerns of those affected by the current restrictions.

Implications for Affected Individuals

The delay in implementing these changes has significant implications for several groups:

1. “Lost Canadians”: These individuals, who may be entitled to Canadian citizenship but have not been granted it due to certain provisions in citizenship law, will have to wait longer for resolution.
2. Second-Generation Canadians Born Abroad: Those born outside Canada to Canadian parents who were also born abroad continue to face uncertainty regarding their citizenship status and their ability to pass on citizenship to their children.
3. Adoptive Parents: Canadian citizens born abroad who have adopted children outside Canada remain unable to apply for a direct grant of citizenship for their adopted children.

Interim Measures and Current Options

While legislative changes are pending, Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim measures to assist some individuals affected by the second-generation cut-off provisions:

1. Discretionary Grants of Citizenship: IRCC is offering discretionary grants of citizenship for certain “lost Canadians” who meet specific criteria1.
2. Urgent Processing Requests: Applicants can request urgent processing of their citizenship applications if they fall into certain categories, such as:
   
   • Those who urgently require access to benefits afforded by citizenship (e.g., healthcare coverage, Social Insurance Number, pension).
   • Individuals needing proof of citizenship for employment purposes.
   • Those who need to travel due to family emergencies1.

The Path Forward

As the situation evolves, several potential outcomes are possible:

1. Further Extension: The Ontario Superior Court of Justice may grant another extension to the deadline for amending the Citizenship Act.
2. Striking Down Provisions: If the deadline is missed and not extended, the court may strike down or read down the offending portions of the legislation, potentially rendering the second-generation cut-off provisions inoperative.
3. New Legislation: Once Parliament resumes, the government may introduce new legislation to address the citizenship by descent issue, potentially building on the framework proposed in Bill C-71.

Broader Context: Canadian Citizenship in Transition

This delay in legislative changes occurs against a backdrop of broader discussions and challenges regarding Canadian citizenship. Recent trends and debates include:

1. Declining Naturalization Rates: Canada has seen a significant decrease in its naturalization rate, raising concerns about long-term integration and civic participation2.
2. Citizenship Ceremonies and Oaths: The suitability of self-administered online naturalization ceremonies and citizenship oaths has been a topic of debate, especially in light of recent technological adaptations2.
3. Birth Tourism Concerns: There are ongoing discussions about citizenship acquisition through birth on Canadian soil, with some calling for changes to address perceived abuses of this system2.
4. Economic and Social Integration: Impediments to new Canadians’ access to licensed professions and positions of economic, social, and political power remain a challenge2.
5. Evolving Notions of Canadian Identity: There are conflicting ideas about what constitutes ‘good’ citizenship and Canadian national identity, as reflected in citizenship guides, courses, and public discourse2.

Looking Ahead: The Future of Canadian Citizenship

As Canada navigates these complex issues, several key considerations will shape the future of Canadian citizenship:

1. Balancing Inclusivity and Security: The government must strike a balance between maintaining an inclusive citizenship policy and addressing security concerns.
2. Adapting to Global Mobility: With increasing global mobility, citizenship policies may need to evolve to reflect the realities of transnational lives and families.
3. Strengthening Integration Efforts: There may be a greater focus on programs and policies that support the successful integration of new citizens into Canadian society.
4. Technological Advancements: The use of technology in citizenship processes, from application to oath-taking, is likely to expand, necessitating careful consideration of accessibility and security.
5. Addressing Historical Inequities: Future policies may aim to rectify historical injustices in citizenship law, particularly those affecting indigenous peoples and long-standing immigrant communities.

The Ongoing Saga of Canadian Citizenship Changes

The Canadian federal government’s efforts to amend the Citizenship Act, particularly concerning the second-generation cut-off provision for citizenship by descent, have hit a significant roadblock. This delay has far-reaching implications for many individuals, especially those known as “lost Canadians” who have been eagerly awaiting these changes.

Prorogation of Parliament and Its Impact

On January 6, 2025, Prime Minister Justin Trudeau announced his resignation as leader of the Liberal Party of Canada and requested Governor General Mary Simon to prorogue Parliament until March 24, 2025. This prorogation means that the federal government will miss the extended deadline of March 19, 2025, to make the necessary amendments to the Citizenship Act2.

The prorogation of Parliament has several consequences:

1. All current bills, including Bill C-71, which aimed to address the citizenship by descent issue, have died on the order paper.
2. The legislative process will need to start anew when Parliament resumes.
3. “Lost Canadians” and others affected by the current legislation will face further delays in obtaining their rightful citizenship status.

Understanding the Second-Generation Cut-Off

The second-generation cut-off, established in 2009, is a provision in the Citizenship Act that limits the transmission of Canadian citizenship by descent. Under this rule:

• Canadian citizens who gained citizenship by descent when born abroad cannot pass on their citizenship to their children also born outside Canada.
• This limitation does not affect Canadian citizens born in Canada or those who have been naturalized2.

In December 2023, the Ontario Superior Court of Justice ruled these provisions unconstitutional, granting the government a grace period to amend the legislation. This period has been extended multiple times, with the most recent deadline set for March 19, 20252.

The Proposed Changes: Bill C-71

Before the prorogation, the government had introduced Bill C-71 in May 2024. This bill proposed significant changes to the citizenship by descent rules:

• It would allow citizenship by descent to the second generation, provided certain conditions are met.
• The key condition was that the child’s parent must have spent at least 1,095 days (approximately three years) in Canada prior to the child’s birth or adoption2.

These changes aimed to strike a balance between maintaining the integrity of Canadian citizenship and addressing the concerns of those affected by the current restrictions.

Implications for Affected Individuals

The delay in implementing these changes has significant implications for several groups:

1. “Lost Canadians”: These individuals, who may be entitled to Canadian citizenship but have not been granted it due to certain provisions in citizenship law, will have to wait longer for resolution2.
2. Second-Generation Canadians Born Abroad: Those born outside Canada to Canadian parents who were also born abroad continue to face uncertainty regarding their citizenship status and their ability to pass on citizenship to their children2.
3. Adoptive Parents: Canadian citizens born abroad who have adopted children outside Canada remain unable to apply for a direct grant of citizenship for their adopted children2.

Interim Measures and Current Options

While legislative changes are pending, Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim measures to assist some individuals affected by the second-generation cut-off provisions:

1. Discretionary Grants of Citizenship: IRCC is offering discretionary grants of citizenship for certain “lost Canadians” who meet specific criteria2.
2. Urgent Processing Requests: Applicants can request urgent processing of their citizenship applications if they fall into certain categories, such as:
   
   • Those who urgently require access to benefits afforded by citizenship (e.g., healthcare coverage, Social Insurance Number, pension).
   • Individuals needing proof of citizenship for employment purposes.
   • Those who need to travel due to family emergencies2.

The Path Forward

As the situation evolves, several potential outcomes are possible:

1. Further Extension: The Ontario Superior Court of Justice may grant another extension to the deadline for amending the Citizenship Act2.
2. Striking Down Provisions: If the deadline is missed and not extended, the court may strike down or read down the offending portions of the legislation, potentially rendering the second-generation cut-off provisions inoperative2.
3. New Legislation: Once Parliament resumes, the government may introduce new legislation to address the citizenship by descent issue, potentially building on the framework proposed in Bill C-712.

Historical Context of Canadian Citizenship

To fully understand the significance of these proposed changes, it’s essential to consider the historical context of Canadian citizenship:

The Canadian Citizenship Act of 1947

The Canadian Citizenship Act of 1947 marked a significant milestone in Canada’s history. This Act removed the previous distinction between British subjects and “aliens,” an important change for Canada’s non-British population, which grew quickly in the decades after the Second World War9.

Many new immigrants from Europe and elsewhere had become frustrated with the unequal treatment they received compared to those coming from Britain and the Commonwealth. In response to this, the Act made all people seeking to become citizens equal9.

Dual Citizenship and Birth Rights

The 1947 Act also allowed Canadians to hold dual citizenship; previously, they would generally lose their citizenship if they acquired the citizenship of another country9.

Under the Act today, all persons born in Canada are Canadian citizens at birth, with minor exceptions (e.g., children of diplomats born in other countries). Generally speaking, children born outside Canada are citizens if either parent was a Canadian citizen at the time of the child’s birth, except if that parent was also born outside Canada9.

Citizenship Requirements for Immigrants

Adults who have immigrated to Canada are eligible to become citizens if they have permanent resident status; have lived for a certain number of years in Canada; have adequate knowledge of French or English; have adequate knowledge of Canada; and fulfill certain other conditions. Children under 18 whose parent or parents have become citizens — or who are applying for citizenship simultaneously — are also eligible to become citizens if they are permanent residents, and if their parent or parents apply for citizenship on their behalf9.

Recent Changes and Controversies

The Canadian citizenship landscape has seen several significant changes and controversies in recent years:

2014 Amendments to the Citizenship Act

In 2014, amendments to the Citizenship Act made it tougher to obtain citizenship:

• The residence requirement for citizenship applicants increased from three out of four years to four out of six years.
• Time spent in Canada before getting permanent resident status no longer counted toward the residency requirement.
• Applicants’ criminal histories (e.g., certain offences committed outside of Canada) came under more scrutiny9.

These changes also altered the process of citizenship application and revocation:

• Citizenship judges no longer had a role in approving citizenship applications, except in cases where residency requirements were in question.
• The minister of citizenship and immigration gained direct power to revoke citizenship in cases of fraud9.

Bill C-6 and 2017 Changes

In June 2017, Parliament passed new legislation (Bill C-6) that repealed or amended many of the 2014 changes:

• The revocation of citizenship based on national security concerns was repealed.
• The residency requirement was reduced from four out of six years to three out of five years.
• Applicants could once again count time spent in Canada before becoming a permanent resident as part of their residency requirement.
• Other changes made it easier for minors to become citizens9.

The Current Landscape of Canadian Citizenship

As of January 2025, the Canadian citizenship landscape is characterized by several key features and challenges:

Declining Naturalization Rates

Canada has seen a significant decrease in its naturalization rate, raising concerns about long-term integration and civic participation. This trend could be attributed to various factors, including:

• The increased complexity and cost of the citizenship application process.
• Changes in the demographic profile of immigrants.
• Shifting perceptions of the value of Canadian citizenship in an increasingly globalized world.

Citizenship Ceremonies and Oaths

The COVID-19 pandemic necessitated adaptations to the citizenship process, including the introduction of online naturalization ceremonies and citizenship oaths. As the world moves beyond the pandemic, debates continue about the suitability and effectiveness of these virtual processes compared to traditional in-person ceremonies.

Birth Tourism Concerns

There are ongoing discussions about citizenship acquisition through birth on Canadian soil, with some calling for changes to address perceived abuses of this system. The practice of “birth tourism,” where non-resident women come to Canada to give birth so their children will have Canadian citizenship, has been a contentious issue.

Economic and Social Integration

Impediments to new Canadians’ access to licensed professions and positions of economic, social, and political power remain a challenge. This includes:

• Recognition of foreign credentials and work experience.
• Language barriers in professional settings.
• Discrimination and bias in hiring practices.

Evolving Notions of Canadian Identity

There are conflicting ideas about what constitutes ‘good’ citizenship and Canadian national identity, as reflected in citizenship guides, courses, and public discourse. This includes debates about:

• The balance between multiculturalism and integration.
• The role of Indigenous perspectives in shaping Canadian identity.
• The importance of bilingualism and linguistic diversity.

The Future of Canadian Citizenship

As Canada navigates these complex issues, several key considerations will shape the future of Canadian citizenship:

Balancing Inclusivity and Security

The government must strike a balance between maintaining an inclusive citizenship policy and addressing security concerns. This includes:

• Developing robust screening processes that don’t unduly burden legitimate applicants.
• Addressing concerns about fraud and misrepresentation in citizenship applications.
• Ensuring that citizenship revocation processes are fair and transparent.

Adapting to Global Mobility

With increasing global mobility, citizenship policies may need to evolve to reflect the realities of transnational lives and families. This could involve:

• Reconsidering residency requirements for citizenship.
• Exploring new models of citizenship that accommodate multiple national affiliations.
• Addressing the challenges posed by remote work and digital nomadism.

Strengthening Integration Efforts

There may be a greater focus on programs and policies that support the successful integration of new citizens into Canadian society. This could include:

• Enhanced language training programs.
• Improved recognition of foreign credentials.
• Mentorship and networking initiatives to connect new citizens with established Canadians.

Technological Advancements

The use of technology in citizenship processes, from application to oath-taking, is likely to expand, necessitating careful consideration of accessibility and security. This may involve:

• Development of secure online platforms for citizenship applications and processing.
• Use of biometric data for identity verification.
• Exploration of blockchain technology for secure record-keeping.

Addressing Historical Inequities

Future policies may aim to rectify historical injustices in citizenship law, particularly those affecting indigenous peoples and long-standing immigrant communities. This could include:

• Formal recognition of Indigenous citizenship rights.
• Addressing the legacy of past discriminatory citizenship policies.
• Exploring models of reconciliation through citizenship.

Challenges and Opportunities

As Canada moves forward with potential changes to its citizenship laws, several challenges and opportunities present themselves:

Legislative Hurdles

The prorogation of Parliament and the upcoming leadership transition in the Liberal Party present significant legislative hurdles. The new government will need to prioritize citizenship reform amidst a host of other pressing issues, potentially leading to further delays.

Constitutional Considerations

Any changes to citizenship laws must navigate complex constitutional considerations, particularly in light of the Ontario Superior Court’s ruling on the unconstitutionality of the second-generation cut-off. Balancing individual rights with national interests will be a delicate task.

International Relations

Changes to citizenship laws can have implications for Canada’s international relations, particularly with countries that do not recognize dual citizenship. Careful diplomacy will be required to navigate these potential tensions.

Economic Implications

Citizenship policies have significant economic implications, affecting Canada’s ability to attract and retain skilled immigrants. Future reforms will need to consider how citizenship rules impact Canada’s competitiveness in the global talent market.

Social Cohesion

As Canada becomes increasingly diverse, citizenship policies play a crucial role in fostering social cohesion and a shared sense of national identity. Future reforms will need to balance the celebration of diversity with the promotion of common Canadian values.

The delay in amending the Citizenship Act represents a significant challenge for many individuals and families affected by the second-generation cut-off provision. While interim measures provide some relief, a long-term solution remains necessary. As Canada continues to grapple with these complex issues, it’s crucial for those affected to stay informed about developments and explore available options.

The coming months and years will likely bring significant changes to citizenship policies, reflecting Canada’s commitment to fairness, inclusivity, and the changing realities of global migration. The outcome of these changes will have profound implications not only for individuals seeking Canadian citizenship but also for the very nature of Canadian identity and the country’s role on the global stage.

As we await further developments, it’s clear that the conversation around Canadian citizenship will continue to evolve. The challenges are significant, but so too are the opportunities to create a more inclusive, fair, and robust citizenship framework that reflects the values and aspirations of all Canadians.