In 2007, the UN's Refugees magazine listed Canada as one of the top offending countries for making its own people stateless. In 2009, the Conservatives promised to fix the issue of lost Canadian citizenship with Bill C-37. Unfortunately, this did not happen. Worse still, the Conservatives created a new group of lost Canadians.
Currently, a large group of Canadians are deemed to be second-class citizens due to the Conservative government's first-generation cut-off rule, introduced by the Harper administration in 2009. Bill C-37 ended the extension of citizenship to second-generation Canadians born abroad, causing undue hardship for many families. Some families are even separated, and some individuals are left stateless.
I spoke with Patrick Chandler, a Canadian citizen who spent most of his life in Canada but was born abroad. As an adult, he worked overseas, married someone from another country, and had children. He was later offered a job in British Columbia, but when he moved back to Canada, he had to leave his wife and children behind because he could not pass on his citizenship to his children. He had to go through an arduous process to reunite with them a year later.
Many families are being impacted in this way, and it is unjust. Canadians should not be put in such situations, yet many are suffering through them.
Since being assigned as the NDP Immigration, Refugee, and Citizenship Critic, I have been advocating to resolve the issue of Lost Canadians, including tabling a Private Member’s Bill in 2016.
The "Lost Canadians" legislation, which aims to fix Canada's unconstitutional citizenship by descent rules, passed in the Senate Wednesday and received royal assent Thursday afternoon.
The term refers to people who were born outside of the country to Canadian parents who were also born in another country.
In 2009, the federal government changed the law so that Canadians born abroad could only pass down their citizenship if their child was born in Canada, but that was deemed unconstitutional by the Ontario Superior Court in December 2023.
The legislation proposed Canadian citizenship could be passed down to people born abroad, beyond the first generation, if the parents spent a cumulative three years in Canada before the child's birth or adoption.
Both Ontario Liberal MP Nate Erskine-Smith and B.C. NDP MP Jenny Kwan attempted to introduce amendments to clarify the adoption rules, but both were unsuccessful.
When the bill was still before the House of Commons, Conservative and Bloc Québécois members of the immigration committee tried to amend the legislation to state that the three-year period in the substantial connection test needed to take place within five consecutive years.
However, that amendment was removed by Liberal and NDP MPs before the bill was sent to the Senate.
