Ontario's Superior Court of Justice has ruled it's unconstitutional for Canada to deny automatic citizenship to children born abroad to parents who were also born overseas but have a substantial connection to Canada — a big win for "Lost Canadians" trying to reclaim citizenship rights.
"It's a wonderful Christmas gift," said Sujit Choudhry, a constitutional lawyer in Toronto representing seven multi-generational families living in Canada, Dubai, Hong Kong, Japan and the United States who challenged what's known as Canada's "second-generation cut-off rule."
"It removes a second-class status that people had because of the accident of where they were born."
Choudhry filed a constitutional challenge in December 2021, suing the federal government for denying his clients the right to transmit their citizenship to their foreign-born offspring.
In a 55-page ruling released this week, Justice Jasmine Akbarali found that the second-generation cut-off rule violates the Charter of Rights and Freedoms because it "treats differently those Canadians who became Canadians at birth because they were born in Canada from those Canadians who obtained their citizenship by descent on their birth outside of Canada.”
The rally is organized by the Hong Kong Pathway Alliance. Similar events are also taking place in Calgary and Toronto.
The pathway allows eligible Hong Kong residents in Canada, including people who studied or worked here, to apply for PR.
People here say they have waited for years and still do not know when their applications will be finished.
“Right now I’m stuck in limbo. It’s been a year and a half. I haven’t heard back from the IRCC regarding my application, and we’re continuously arguing with, we’re continuously hoping that IRCC sees our cases,” said Vikrambir Singh, another demonstrator.
“There’s not just me, there’s 40,000 plus applications that are stuck in limbo, and we don’t know when they’re going to get processed.”
They also point to Immigration, Refugees and Citizenship Canada’s (IRCC) processing time tool, which now suggests new applicants could wait more than 10 years for their PR.
The Immigration Minister recently told Parliament that there have been more than 46,000 applications under the Hong Kong PR pathways, and just over 13,000 had arrived.
“And the minister’s solution is, “don’t apply under the lifeboat scheme”. What is she even talking about? That scheme was specifically designed for Hong Kongers, said MP Jenny Kwan, representing Vancouver East for the NDP.
“So, it is absolutely outrageous that she would renege on the government’s promise in suggesting that the Hong Kongers should apply under a different stream. It is absolutely unacceptable.”
The federal government introduced special measures for Hong Kong residents in 2020, after China imposed the national security law in Hong Kong.
*Click image or link to read or watch the TV news story - https://vancouver.citynews.ca/2026/06/07/demonstrators-rally-hong-kong-pr-processing-backlog/
