The federal government will not appeal the Ontario Superior Court's ruling that Canada's "second generation cut-off" for citizenship eligibility is unconstitutional.
This will end the "second generation cut-off" rule for many Canadians who were born abroad but rendered ineligible for citizenship.
Under the rule, found in Canada's Citizenship Act, children born abroad were denied automatic Canadian citizenship if their Canadian parents were also born abroad. In December 2021, a Constitutional challenge was brought against the federal government regarding this provision of the Citizenship Act on grounds that the second generation citizenship cut-off discriminated on the basis of nation of origin, effectively creating a second class of citizens who are denied an automatic right to return to Canada with their foreign-born children.
Justice Jasmine Akbarali, for the Ontario Superior Court, agreed, finding that foreign-born Canadians hold "a lesser class of citizenship because, unlike Canadian-born citizens, they are unable to pass on Canadian citizenship by descent to their children born abroad."
The federal government had 30 days to appeal Justice Akbarali's ruling. This period has since passed, meaning the ruling will stand and the federal government will have six months to amend the Citizenship Act to meet Constitutional muster.
This decision represents a significant victory for the approximately 200,000 "Lost Canadians" who have been denied citizenship rights due to place of birth. Individuals previously affected by this rule will be eligible to apply for proof of citizenship by way of a Citizenship Certificate in the near future.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
