Lost Canadians

Toronto Star NEWS: ‘An ordeal that doesn’t end’: Lost Canadians’ citizenship at risk with Parliament suspended

If Ottawa lets the deadline lapse and the two-generation cut-off is thus voided, affected lost Canadians could just come reclaim their citizenship. If the court cuts the government some slack and grants another extension in light of the circumstances, the uncertainty will continue.

“During that extension period, we could very well be in an election, in which case, no bills could be passed,” said MP Jenny Kwan, immigration critic of the opposition NDP, and a staunch supporter of the bill.

HANSARD: Debating Bill C-71 An Act to Amend the Citizenship Act

HANSARD: Debating Bill C-71 An Act to Amend the Citizenship Act

HANSARD: Debating Bill C-71 An Act to Amend the Citizenship Act

HANSARD: Motion to have Bill C-71 be read second time and referred to committee

Householder Summer 2024

Hill Times NEWS: Foreign interference bill passes, but online harms and citizenship bills left on hold until House comes back

NDP MP Jenny Kwan (Vancouver East, B.C.), her party’s critic for immigration, refugees and citizenship, told The Hill Times that she is frustrated with needing to wait longer for progress on Bill C-71.

“The issue around lost Canadians has been going on for literally decades. People have lost their status, families have been separated, some have been rendered stateless. It’s created significant, undue hardship for Canadian families, and this is primarily as a result of Canada’s archaic immigration citizenship laws,” said Kwan. “The Liberals, time and again, they say one thing and then they do another, and this is yet another example of them dragging their heels in fixing the lost Canadian issue.”

Kwan attempted to put forward a unanimous consent motion in the House on June 10 and on June 11 to urge parties to expedite passage of Bill C-71, but the motions did not receive unanimous consent.

“On the second occasion, I barely uttered my words before the Conservatives said, ‘No,’” said Kwan. “[Passing Bill C-71] is the right thing to do not only morally, but legally. It needed to be done and it should have been done.”

 

CTV News: New Canadian citizenship rules for those born abroad could be delayed until December

NDP immigration critic Jenny Kwan helped draft the bill alongside the Liberals. She attempted to push it through by asking for unanimous consent from MPs, but Conservatives voted against it twice.

"I've talked to family members who've been separated from their loved ones because of this unjust law that Conservatives brought in 15 years ago," the Vancouver East NDP MP said last month. "I've talked to family members where their children are deemed stateless, lost in the system, because of this unjust, punitive, unconstitutional law."

If the federal government is not given another court extension before Bill C-71 passes, it may be up to the immigration minister himself to decide individual citizenship cases.

"If it doesn't come through we're sort of in no man's land," Miller said before Wednesday's court extension. "Basically, it's my discretion deciding who's Canadian or not. Obviously, that shouldn't be up to the discretion of a minister."

Anyone affected by the 2009 change will be able to apply online for a Canadian citizenship certificate. The government also has a digital tool that can help you find out if you are Canadian.

CBC: Court grants government another extension to fix unconstitutional citizenship law

So-called "lost Canadians" will have to wait longer to obtain their right to citizenship now that a court has granted the federal government more time to fix legislation it ruled was unconstitutional.

The courts initially gave the federal government until today to replace legislation that prevents Canadians born abroad from passing on their citizenship to children also born abroad.

In May, the Liberals introduced Bill C-71, which introduced sweeping changes to Canada's citizenship laws. The government says the legislation addresses the concerns of the court.

But the Liberals did not get the bill through the House of Commons before it rose for the summer on Wednesday. MPs will not return to the Commons until mid-September.

Canadian Press NEWS: Court-imposed deadline to pass new citizenship law approaching next week

Last year, the court found that Canadians born abroad received a lower class of citizenship than those born in Canada, and it gave the government until June 19 to correct the problem.

Miller introduced a bill on May 23 that would allow Canadians who were born abroad to pass their citizenship down to their children, and asked the court for a deadline extension the following day.

NDP immigration critic Jenny Kwan made two attempts to push the bill through the legislative process more quickly by asking for the unanimous consent of MPs, but Conservatives voted no both times.

"We have no time to waste and we have to get the law passed," Kwan said at a press conference Tuesday.

In 2009, former Conservative prime minister Stephen Harper's government changed the law so that Canadian parents who were abroad could not pass down their citizenship, unless their child was born in Canada.

Those who've not had access to citizenship rights as a result of the amendments are known as "Lost Canadians."

Kwan said the House of Commons immigration committee already studied the issue of Lost Canadians when it considered a Senate public bill brought forward by Conservative Sen. Yonah Martin last year.

"We spent over 30 hours at committee debating Bill S-245," said Kwan.

That bill was heavily amended by Kwan and Liberal members of the committee to grant citizenship to a broader group of people, but the Conservatives felt the changes were too drastic and have not brought it back to the House for third reading.