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Thousands Could Gain Canadian Citizenship as Lost Canadians Bill Faces Uncertainty

Austin Campbell

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Lost Canadians Bill

The proposed Bill C-71, aimed at addressing the long-standing issue of ‘Lost Canadians,’ has faced a major setback after being halted by the prorogation of Parliament. This delay raises significant questions about the future of thousands of individuals who could have gained Canadian citizenship under the new provisions.

What Is the ‘Lost Canadians’ Issue?

The term ‘Lost Canadians’ refers to individuals born outside of Canada to foreign-born Canadian parents who, due to previous legislative changes, were denied automatic citizenship. The issue stems from a 2009 amendment under the Harper government, which restricted citizenship rights for children of Canadians born abroad.

Bill C-71 was introduced in response to a 2023 Ontario court ruling, which declared the existing law unconstitutional. The bill aimed to restore citizenship to those affected while implementing measures to ensure a connection to Canada for future generations.

Key Provisions of Bill C-71

If passed, Bill C-71 would:

  • Grant citizenship to children born abroad to Canadian parents who were also born outside Canada.
  • Establish a “substantial connection test,” requiring Canadians born abroad to have spent at least 1,095 days (three years) in Canada before passing citizenship to their children.
  • Limit automatic citizenship transmission to ensure that future generations maintain strong ties to Canada.
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According to the Parliamentary Budget Officer, the bill could have resulted in approximately 115,000 new citizens over the next five years. However, experts believe the number could be significantly higher if the court ruling takes effect without additional restrictions.

Implications of the Bill’s Halt

The failure to pass Bill C-71 leaves thousands in uncertainty. If the legislation does not move forward, children of Canadians born abroad who have never set foot in Canada may automatically qualify for citizenship when the court ruling takes effect in March 2025.

Critics argue that without proper safeguards, this could lead to unintended consequences, such as individuals obtaining Canadian citizenship without any meaningful ties to the country.

Political Reactions and Future Prospects

The halt of Bill C-71 has sparked political debate. NDP immigration critic Jenny Kwan criticized both the Liberal and Conservative parties for failing to address the issue efficiently. Meanwhile, Immigration Minister Marc Miller’s office pointed to Conservative obstruction as the primary reason for the bill’s delay.

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Despite the political challenges, the Liberal government has expressed confidence in reintroducing the bill once Parliament resumes. However, with the next federal election on the horizon, the timeline for passing the legislation remains uncertain.

What Happens Next?

If Bill C-71 does not move forward, the court ruling will come into effect on March 19, 2025, potentially granting citizenship to thousands without the proposed connection test. The government may seek further extensions, but ongoing delays could result in legal uncertainty and administrative challenges.

The fate of Bill C-71 holds significant implications for thousands of individuals and Canada’s immigration framework. While the bill aimed to restore fairness to the system, the ongoing political hurdles have left many in limbo. As the March 2025 deadline approaches, stakeholders must stay informed about potential policy changes and legal developments surrounding the ‘Lost Canadians’ issue.

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