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.

CIM#65: Debating Bill S-245

"First off, I'd like to touch on the issue around the overall strategy because that seems to be the central issue here. Right from the beginning—and I'll repeat it again at this committee—I engaged with stakeholders all the way through to talk about Bill S-245 and what amendments needed to be made. Through that consultation, it was clear to me that the groups wanted the lost Canadians issue addressed once and for all, and not just as it related to the narrow category that was established under the bill itself.

There were a variety of areas that we needed to address, including those who had lost their right to pass on their citizenship to children born abroad. There were issues around what I loosely call “war heroes”. Those are individuals who fought for Canada, went to war for Canada, for example, died for Canada and never came back. However, at the time they did that, because Canada was not formulated as a country—Confederation had not taken place—they were not recognized as citizens in a technical sense. Part of the goal, of course, was trying to address those people and to make them whole, even though they may have passed on. Their descendants have already had access to Canadian citizenship. It's just really a symbolic thing.

Another category that needed to be addressed, for example, included those who faced discrimination because of Canada's immigration laws and citizenship laws over the years. I was trying to capture those individuals and make them whole.

Anyway, there are a number of these kinds of categories. Right from the get-go, I made it clear that's what I was trying to do.

In that process, it was determined, through the stakeholder consultation, that they would like to see the government address this by way of conferring those rights back to them. In that process, I came up with a number of suggestions to address those. For example, being in Canada for 1,095 days, consistent with what the Citizenship Act outlines by way of the number of days, was one connections test.”

CIMM#63: Jenny tables amendments for S-245 to fix the issue of Lost Canadians

Thank you very much, Madam Chair.
I will move NDP-3.

This amendment is really related to the package on the second generation cut-off rule. It extends citizenship to the second generation born abroad and subsequent generations, and restores those impacted since the second generation cut-off rule was enacted back in 2009.

Included in this, I should just point out that it also recognizes the connections test and that it would apply to both the parents and the grandparents.”

CIMM#62 Debate on Bill S-245

 This amendment aims to address the second generation cut-off rule. Committee members will know that in 2009, under Bill C-37, the right for Canadians to pass their citizenship on to children born abroad was taken away. As a result, it has created a new class of lost Canadians. That's been extremely problematic. That was done back in 2009 by the Conservative government.
This amendment aims to restore that right to those individuals by establishing a connections test to Canada. I'm proposing that we establish the connections test in four ways. It says:

(i) the person has been physically present in Canada for at least 1,095 days,

(ii) the person has been registered as an elector or a future elector under the Canada Elections Act,

(iii) the person has studied at an elementary, secondary, post-secondary or vocational school in Canada, or

(iv) the person has been employed by the Government of Canada, or has been a representative or delegate of Canada, at an international organization, summit or forum.

I'm moving this amendment, Madam Chair, because I think it is important to recognize those lost Canadians. If they meet any one of those connections tests that I've highlighted, I think they should be able to have the right restored to them.

Madam Chair, at this point I'm just wondering if I should I read out the content of the amendment as it is drafted by the legislative council. Can I just say that I move NDP-1?”

CPAC: Jenny on Citizenship Rights for Second-Generation Canadians and Lost Canadians

HEADLINE POLITICS
NDP immigration critic Jenny Kwan discusses amendments she will be moving at the House of Commons immigration committee on a policy related to citizenship rights of second-generation Canadians born abroad. She is joined at the news conference on Parliament Hill by Randall Emery (founding director of the Canadian Citizens Rights Council), Don Chapman (founder of the Lost Canadians Society), Sujit Choudhry (immigration lawyer representing lost Canadian families), and Emma Kenyon (an individual who was impacted by the citizenship policy). In 2009, Stephen Harper's Conservative government passed Bill C-37, which ended the rights of individuals to pass on Canadian citizenship to their children born abroad. Kwan will table amendments to Bill S-245, which was sponsored by Senator Yonah Martin and passed by the Senate in May 2022. Senator Martin's bill amends the Citizenship Act to permit certain people who lost their Canadian citizenship to regain it. (April 17, 2023) (no interpretation)

CPAC VIDEO: Jenny on Citizenship Rights for Second-Generation Canadians and Lost Canadians

HEADLINE POLITICS
NDP immigration critic Jenny Kwan discusses amendments she will be moving at the House of Commons immigration committee on a policy related to citizenship rights of second-generation Canadians born abroad. She is joined at the news conference on Parliament Hill by Randall Emery (founding director of the Canadian Citizens Rights Council), Don Chapman (founder of the Lost Canadians Society), Sujit Choudhry (immigration lawyer representing lost Canadian families), and Emma Kenyon (an individual who was impacted by the citizenship policy). In 2009, Stephen Harper's Conservative government passed Bill C-37, which ended the rights of individuals to pass on Canadian citizenship to their children born abroad. Kwan will table amendments to Bill S-245, which was sponsored by Senator Yonah Martin and passed by the Senate in May 2022. Senator Martin's bill amends the Citizenship Act to permit certain people who lost their Canadian citizenship to regain it. (April 17, 2023) (no interpretation)

MEDIA RELEASE: NDP moves amendments to fix the issue of “Lost Canadians”

OTTAWA — On Monday, NDP critic for Immigration, Refugees and Citizenship Jenny Kwan (Vancouver East) will table amendments at the Standing Committee on Citizenship and Immigration to reverse a policy enacted by Stephen Harper’s Conservatives that stripped second generation Canadians and their descendants born abroad from their right to citizenship. This policy was never fixed under Justin Trudeau’s Liberals, and Kwan says it’s time to fix this injustice that destroyed lives.

“This punitive measure has caused so much hardship and pain for Canadian families. Their lives are in limbo and too many are having to struggle with forced family separation. Some Canadians even found themselves to be stateless,” said Kwan. “It is time to fix this injustice once and for all.”

CPAC Video: Jenny on Citizenship Rights for Second-Generation Canadians and Lost Canadians

NDP Immigration critic Jenny Kwan discusses amendments she will be moving at the House of Commons immigration committee on a policy relaed to citizenship rights of second-generation Canadians born aboard. She is joined at the news conference on Parliament Hill by Randall Emery (founding director of the Canadian Citizens Rights Council), Don Chapman (founder of the Lost Canadians Society), Sujit Choudhry (immigration lawyer representing lost Canadian families), and Emma Kenyon (an individual who was impacted by the citizenship policy).

MEDIA RELEASE: NDP moves amendments to fix the issue of “Lost Canadians”

Kwan will table amendments to an immigration Senate Bill S-245 to reverse this discriminatory law against second generation Canadians born abroad and their descendants. 

“I have met many lost Canadians whose lives have been turned upside down because of this unjust policy that creates different classes of Canadian citizens,” added Kwan. “New Democrats are committed to ensuring second generation Canadians and their descendants born abroad attain their right to citizenship.”

CIMM#58: Jenny’s Motions on Bill S-245 and inviting ministers to testify on Senator McPhedran’s affair

 Related to Bill S-245, given the tight timeline of the requirement for the bill to be reported back to the House, I'm going to move the following motion, Madam Chair, a copy of which, in both French and English, has been sent to the clerk for distribution to the committee members. That motion reads as follows:
That, pursuant to Standing Order 97.1, the committee request an extension of thirty (30) sitting days to consider Bill S-245, An Act to amend the Citizenship Act (granting citizenship to certain Canadians), referred to the committee on Wednesday, November 16, 2022, to give the Bill the consideration it requires and that the Chair present this request to the House.

Madam Chair, as indicated, we're kind of a little bit down to the wire here with the timeline. To ensure that the committee has the opportunity to do all the necessary work related to this bill, I therefore move this motion.”

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