Since December 19, 2023 when the Ontario Superior Court of Justice declared the “second generation cut off” at section 3(3)(a) of Canada’s Citizenship Act to be unconstitutional with suspended effect, many would-be Canadians have been following Canadian citizenship laws closely. Those individuals were left disappointed, although likely unsurprised, in a December 12, 2024 decision whereby Judge Akbarali granted a further three month suspension to the Court’s declaration of invalidity, to allow for the passage of remedial legislation.
Green and Spiegel has detailed the progress of Bill C-71, the legislation tabled to remedy the declaration of invalidity, in previous posts. In brief, Bill-C71 proposes to:
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- Remove the limitation on passing Canadian citizenship by descent beyond the first generation born abroad;
- Introduce a substantial connection test for those born after the bill’s entry into force requiring the Canadian parent to demonstrate at least 1,095 days in Canada prior to the applicants birth or adoption, in order to pass along their Canadian citizenship;
In granting the extension of time, Judge Akbarali noted the Government of Canada’s lack of diligence in advancing the legislation through the House. However, ultimately weighing several factors including the public interest in having replacement legislation in force to maintain confidence in the administration of justice, the Court set a new deadline of March 19, 2025 for the declaration of invalidity to expire. Prior to that timeframe, it is expected that C-71 will pass into force. For the time being, IRCC has preserved the option for second generation Canadians with exigent circumstances to apply for a discretionary Grant of Citizenship using an interim process, which was updated in June 2024.
For more information on Bill C-71, and Canadian citizenship more generally, please get in touch with Green and Spiegel LLP.
