Court Grants Ottawa Extension to Amend Unconstitutional Citizenship Law

The Ontario Superior Court of Justice has granted the federal government an extension to amend a law that has been declared unconstitutional, affecting a group of individuals known as “lost Canadians.” These individuals, often born abroad to Canadian parents, have faced significant legal challenges in passing their citizenship to their children due to outdated provisions in the Citizenship Act. The extension, which postpones the deadline to December 19, 2024, gives the government additional time to enact Bill C-71, which is intended to rectify these issues.

Background of the Citizenship Law Issue

The term “lost Canadians” refers to individuals who, due to various anomalies in Canadian citizenship laws, have either lost their citizenship or have been unable to pass it on to their offspring. This issue has particularly affected those born abroad to Canadian parents, where existing legal provisions have prevented them from conferring their citizenship to their children. The problem has led to numerous hardships for affected families, including difficulties in securing legal status, access to social services, and other fundamental rights.

In a 2023 ruling, the Ontario Superior Court of Justice found portions of the Citizenship Act to be unconstitutional. The ruling highlighted that the law unfairly discriminated against a segment of Canadians, violating their rights under the Canadian Charter of Rights and Freedoms. The court initially set a deadline of June 20, 2024, for the federal government to amend the law and address these issues.

The Extension and Its Implications

Despite the urgency of the matter, the federal government was unable to meet the initial June 20 deadline. The court, recognizing the complexity and significance of the required amendments, granted an initial extension. However, with the new December 19 deadline approaching, the government requested and was granted a second extension to ensure that the necessary legislative changes could be thoroughly and effectively implemented.

Justice Jasmine Akbarali, who presided over the case, emphasized the importance of addressing urgent hardship cases during this extension period. She noted that while the extension provides the government with the time needed to pass Bill C-71, it also places an obligation on the federal authorities to ensure that those facing immediate challenges are given priority. This approach is crucial to maintaining public confidence in the justice system, ensuring that the delay does not exacerbate the difficulties faced by affected individuals.

Bill C-71: A Path to Resolution

Bill C-71 is the legislative vehicle proposed to address the issues identified in the Citizenship Act. The bill aims to eliminate the discriminatory provisions that have resulted in the loss of citizenship or the inability to pass it on to the next generation for certain Canadians. By amending these provisions, the government seeks to restore the rights of “lost Canadians” and provide a clear and fair path to citizenship for their children.

The passage of Bill C-71 is expected to bring much-needed clarity and relief to those who have been navigating the complexities of Canada’s citizenship laws. It will also help to align Canadian citizenship policy with the principles of equality and fairness enshrined in the Charter.

Looking Ahead

As the new December 19 deadline approaches, all eyes will be on the federal government to see how swiftly and effectively it can pass Bill C-71 and rectify the long-standing issues within the Citizenship Act. The extension granted by the Ontario Superior Court of Justice underscores the importance of getting the amendments right, but it also highlights the need for timely action to resolve the hardships faced by “lost Canadians.”

The resolution of this issue will not only impact those directly affected but will also serve as a testament to Canada’s commitment to upholding the rights and freedoms of all its citizens, regardless of where they were born.