Ottawa won't appeal court ruling striking down limit on passing citizenship to children born abroad
The federal government has announced it won't be challenging a court ruling that struck down a portion of the Citizenship Act which blocked children born abroad to Canadian parents from obtaining Canadian citizenship beyond the first generation.
The "first generation limit" had meant that foreign-born children of Canadian parents who were also born aboard would not be eligible to automatically obtain Canadian citizenship by birthright. Critics had long argued that this limit created two classes of Canadian citizenship, and on Dec. 19, 2023, the Ontario Superior Court of Justice agreed, declaring it unconstitutional.
"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," Immigration Minister .
The court case was brought on by a group of families living abroad who were affected by the limit and unable to pass on their Canadian citizenship to their children.
Toronto-based constitutional lawyer Sujit Choudhry, who represented the families, said his clients felt "vindicated" by the court's ruling and the government's decision not to challenge it.
"They're feeling vindicated because it's been a long fight. Some of them have been fighting for over a decade. They feel more of a sense of relief by the government's decision not to appeal," he told CTVNews.ca over the phone on Monday.
The first generation limit was instituted under the government of then-prime minister Stephen Harper in 2009 in response to outcry from the public after Canada spent $94 million to bring 15,000 Canadian citizens out of Lebanon during the Israel-Hezbollah war in 2006. At the time, several MPs and political commentators had questioned the strength and legitimacy of the evacuees' ties to Canada, using the term "Canadians of convenience."
The Harper government said in 2007 establishing a first generation limit would "protect the value of Canadian citizenship by ensuring that our citizens have a real connection to this country."
However, , Justice Jasmine Akbarali ruled that this limit violated the sections of the Charter of Rights and Freedoms that pertain to mobility rights and equality rights.
"It basically put them in an impossible position, that they shouldn't have to be, of having to choose between pursuing their opportunities abroad and passing on citizenship," Choudhry said. "The timing of choosing when to begin a family is not straightforward … and it's simply it's not practical for them to drop everything in their lives and run back to Canada to deliver their kids."
Choudhry says it's unclear how many "lost Canadians" abroad are affected by this ruling. However, the 2021 census found that there were living in Canada.
"They all have the same type of second-class citizenship as my clients," Choudhry said. "Essentially, the second-generation cutoff stands in the way of them pursuing opportunities to study and travel and pursue education abroad that others don't."
The court ruling gave the federal government six months to repeal the cutoff and amend the Citizenship Act, but there's already a to do exactly that. Last summer, Bill S-245 was amended by a House of Commons committee to allow foreign-born second-generation Canadians to pass on their citizenship to a child born abroad if the parent can offer proof of having a "substantial connection with Canada."
"I think the simplest thing to do would be to bring S-245 for a vote in Parliament, and then for the Senate to consider the amendments and accept them, and then for the bill to receive royal assent," said Choudhry.
Meanwhile, Miller said the government will "continue to assess the impacts of the decision on existing legislation and will provide more information and confirm next steps as quickly as possible."
IN DEPTH
Jagmeet Singh pulls NDP out of deal with Trudeau Liberals, takes aim at Poilievre Conservatives
NDP Leader Jagmeet Singh has pulled his party out of the supply-and-confidence agreement that had been helping keep Prime Minister Justin Trudeau's minority Liberals in power.
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
Three men were injured after trying to subdue a man armed with a knife during afternoon prayers at a Montreal-area mosque Friday afternoon.
Kids are inhaling 'Galaxy Gas' to get high. Here’s what parents should know
For some young people, a popular method for getting a quick high is by misusing laughing gas — and lately, that’s in the form of nitrous oxide from products sold by the company Galaxy Gas.
Unusual flippered feet are making their way into the Saint Lawrence River this weekend. Led by underwater explorer and filmmaker Nathalie Lasselin, volunteer divers are combing the riverbed near Beauharnois in Montérégie to remove hundreds of tires that have been polluting the aquatic environment for decades.
Recall expands for Nutrabolics vegan bars over undeclared milk
The Canadian Food Inspection Agency says a recall of Nutrabolics brand Feed Me Vegan Real Food Protein & Oats bars due to undeclared milk has been expanded.
Kamala Harris accepts CNN debate invitation for Oct. 23, challenging Trump to another showdown
U.S. Vice President Kamala Harris on Saturday accepted an invitation from CNN to debate former President Donald Trump on October 23, challenging her rival to another engagement on a public stage in the final weeks of the campaign.
Is the price of your morning coffee on the rise?
It is not a great time to be a coffee drinker. In general, coffee bean prices are the highest they've been in more than a decade.
Housing support for adult children with severe autism is 'absolutely absurd,' say parents
Looking after an adult with severe autism can be a full-time job. Ask any parent who has a child severely affected by autism spectrum disorder – it’s a job that can get more difficult as the child becomes an adult.
Top Hezbollah leader was among the 37 people killed in an Israeli strike on a Beirut apartment block
Israel and Hezbollah exchanged fire on Saturday as rescue crews in Beirut searched the rubble of an apartment building that was leveled by an Israeli airstrike that killed at least 37 people, including one of the militant group's senior leaders as well as women and children.
Cards Against Humanity sues Elon Musk's SpaceX over alleged trespassing in Texas
The maker of the popular party game Cards Against Humanity is accusing Elon Musk's SpaceX of trespassing on and damaging a plot of vacant land the company owns in Texas.
Local Spotlight
Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.
Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.
An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.
They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.
A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.
Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.
The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.
The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.
It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.