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.”
Despite promises that processing would be completed in 10 days, more than 130 Palestinian students accepted into Canadian universities remain trapped in extreme delay, with some losing their admissions or risking their lives while waiting.
I issued an open letter calling on Ministers Lena Diab and Gary Anandasangaree to immediately address this crisis. The government must apply existing flexibility rules for biometrics in Gaza, conduct a second review of rejected applications relying on generic refusal reasons, and establish a dedicated mechanism to ensure fair, individualized, and timely decisions.
