This week, Justice Akbarali of the Superior Court of Justice issued an Endorsement following the Government of Canada’s request to extend the suspension of the declaration of invalidity of sections of the Citizenship Act. These provisions restrict passing citizenship on to the first generation born outside of Canada.
In Bjorkquist et. al v. Attorney General of Canada, 2025 ONSC 2413, a further extension was granted to the Government of Canada to introduce new legislation that is constitutional. While the Government of Canada had requested an extension of one year, the extension has been granted until November 20, 2025. If the Government fails to adopt new legislation by this time, the existing provisions will be invalid. The ongoing Federal election appears to be a significant factor that was considered. In the meantime, the IRCC guidance remains in effect. Justice Akbarali noted, in rendering her decision, that “there is no certainty that the expanded interim measure will be continued by the next government.” (Bjorkquist et al. v Attorney General of Canada, para. 23(g)). We recommend that you contact our office should you wish to discuss your situation. Information regarding the interim measures can be found in our previous blog here.
