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.

VIDEO: CPAC - Bill C-71: NDP MP Jenny Kwan Calls for Swift Passage

HEADLINE POLITICS
Bill C-71: NDP MP Jenny Kwan Calls for Swift Passage – June 11, 2024


On Parliament Hill, NDP immigration critic Jenny Kwan and MPs from across party lines urge parliamentarians to expedite the passage of Bill C-71, Immigration Minister Marc Miller’s legislation that would extend Canadian citizenship to some children born outside of the country. The proposed bill comes in response to last year's Ontario Superior Court ruling, which found the government's "second-generation cut-off rule" from 2009 to be unconstitutional.

Yesterday, Kwan put forward a motion in the House of Commons asking for unanimous consent to expedite C-71, but it did not pass.

She is joined by Green Party Leader Elizabeth May, Liberal MP Paul Chiang, Don Chapman ("lost Canadians" advocate), and Kathryn Burton and Carol Sutherland (family members of "lost Canadians"). (no interpretation)

CPAC VIDEO - Government press conference to introduce new citizenship bill with NDP amendments to address Lost Canadians issues

Marc Miller, the federal immigration minister, speaks with reporters on Parliament Hill regarding the introduction of a citizenship bill. He is joined by Jenny Kwan, the NDP’s immigration critic. (no interpretation) (May 23, 2024)

CPAC: Canada Introduces citizenship bill with NDP amendments to fix Lost Canadians injustice

Today is a historic day for Lost Canadians and their families and I am happy to stand with them and the Minister of Immigration at the press conference.  

Legislation has been introduced to rectify the Conservative's punitive and unconstitutional law that stripped children of Canadian parents the right to Canadian citizenship creating two classes of Canadians.  Today is a historic day for Lost Canadians and their families and I am happy to stand with them and the Minister of Immigration at the press conference.  
 
For 15 years, this unjust law caused significant hardship and suffering to many Canadian families.  It has separated families and rendered children stateless.   If failed to recognize that Canadians are global citizens who travel aboard, study aboard and work aboard.  They fall in love aboard and they have families aboard.  

Last year, parliamentarians across party lines had a chance to fix the Lost Canadians issue by passing Bill S-245 as amended by the NDP.  Instead, the Conservatives filibustered debate on the bill for 30 hours to delay its passage and refuse to allow it to advance to third reading.

When it became obvious that the Conservatives will continue playing games with the lives of Lost Canadians and their families by doing everything they can to block passage of the legislative fixes, I approached successive immigration ministers to call on them to bring in a government bill with the NDP amendments.  
 
The government has a moral imperative and  a legal one to act after the Ontario Superior Court of Justice ruled that the creation of two classes of Canadian citizenship is unconstitutional.  

Let's pass the bill expeditiously and end the legacy of the Conservatives' unconstitutional treatment of second generation born abroad Canadians. 

Olympics: Erin Brooks: The resilient surfer behind the image of a teenage dream

Erin Brooks proudly sporting the maple leaf
While Brooks’ home base in Hawaii helped her to shoot into the top echelons of surfing at lightning speed, it indirectly also put her competitive future in jeopardy.

Brooks was born and raised in the United States, but her grandfather was born and raised in Montreal and her father is a dual American-Canadian citizen. She applied to become a Canadian citizen by descent, but due to the intricacies of the country's immigration laws concerning descendants who are living abroad, her citizenship was still not approved when she took part in the 2023 ISA World Surfing Games.

The International Surfing Association reviewed Brooks’ citizenship status after the competition, in which she finished second behind Pan American Games champion Tatiana Weston-Webb, and decided to suspend her eligibility to compete as a Canadian.

After several months of uncertainty – including her application initially getting turned down - Brooks received her Canadian citizenship in January 2024 with the help of parliament member Jenny Kwan.

“Having my Canadian citizenship, I'm so glad that I got it because it was a little bit of a struggle, but I had so many great people helping me and I just had to have faith in them that it would happen," Brooks said. "I'm glad that I can now compete for Canada and be a Canadian along with my family."

CBC: Teenage surfing star Erin Brooks granted Canadian citizenship, now sets sights on Olympics

Brooks's citizenship bid was initially turned down. But Immigration Minister Marc Miller had a change of heart after a December ruling by Ontario's Superior Court of Justice that it is unconstitutional for Canada to deny automatic citizenship to the children of foreign-born Canadians who grew up abroad.

The Brooks family then refiled its application under a hardship status, based on the recommendation of the Immigration Department, to accelerate the process.

"I love Canada. I have never been prouder to wear the Maple Leaf," Erin Brooks said in a statement released by the family. "To Minister Marc Miller and MP Jenny Kwan, you have changed my life. I believe that I will do something truly special for my country thanks to your gift of citizenship."

Kwan, the NDP's immigration critic, helped advocate for Brooks.


Surfer: Teenage Surfer Erin Brooks Granted Canadian Citizenship for Paris 2024 Olympics Bid

“Lost Canadian Erin Brooks has been granted her Canadian citizenship after reconsideration by the Minister of Immigration. Erin Brooks, a 16-year old surfing prodigy and has worked hard for her whole life for the chance to compete for Canada at the Olympics.

“When Erin was born, she’d the right to Canadian citizenship. Conservative C-37 revoked that right in 2009. As a result of this unjust law, Erin was denied this life-changing opportunity to represent Canada in the 2024 Olympics.”


CBC: 'Lost Canadians' win in Ontario court as judge ends 2 classes of citizenship

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 Inertia: Canadian Official Calls for Erin Brooks To Be Granted Citizenship

Erin Brooks was once Canada’s greatest hope for Olympic surfing gold. Then it was discovered that she was not legally a Canadian and shortly afterwards her application for citizenship was officially rejected. Now, a member of the Canadian government has taken up the ongoing fight to get Brooks citizenship in time to qualify for Paris.
Jenny Kwan, a Member of Parliament affiliated with the New Democratic Party, called on Marc Miller, the Minister of Immigration, Refugees and Citizenship, to step in and grant Brooks citizenship. Furthermore, Kwan accused the Conservative opposition in Ottawa of stalling Bill S-245, an amendment to the Citizenship Act that would allow second-generation people born abroad to be granted Citizenship, as the Vancouver Sun reports.

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