The court has given the federal government more time to fix unconstitutional legislation regarding so-called “lost Canadians.”
The extension, until Dec. 19, is the second extension a court has given the Canadian government to change a law that bars some Canadians born overseas from passing on their citizenship to their children born overseas.
Bill C-71, which would introduce sweeping changes to Canada’s citizenship laws, is set to become law by Dec. 19. The federal government says the bill addresses court concerns about its constitutionality.
Ontario Superior Court Justice Jasmin Akbarali said in deciding to grant the delay that the government had been able to address concerns about the hardship Canadians could face if the revised bill was delayed again.
“The existing mechanisms for dealing with urgent hardship cases are sufficient to ensure that the extension of the invalidity declaration does not undermine confidence in the judiciary,” the judges wrote in their ruling.
Justice Akbarali initially ordered the Canadian government to amend current citizenship laws by June 20 after the Ontario Superior Court ruled in late 2023 that current citizenship laws infringe on the constitutional rights of some Canadians born overseas.
The Liberal government was unable to get the bill passed in the House of Commons before the summer budget was tabled, just days before the deadline.
The government sought a six-month postponement, and Judge Akbarali granted a seven-week postponement until August 9.
In granting the initial extension, the judge said the government only had until August 1 to present arguments as to why a further extension until December 19 should be considered.
Justice Akbarali ordered the government to submit a plan to address the difficulties parents experience under the current law during the extension period and to submit a report on the steps required to pass the bill “ideally” by mid-December.
Sujit Choudhury, a lawyer representing families challenging the bill, estimates that the current law violates the rights of at least 1.48 million Canadians at home and abroad.
In his June ruling, the judge said an estimated 170,000 women born overseas and who are of family-starting age are still affected by the current law.
Judge Akbarali added that these were not “theoretical or minor constitutional violations” but could lead to “children becoming stateless”.
“These laws have the potential to force women to choose between their economic well-being and independence on the one hand and their physical health on the other. They have the potential to tear families apart,” Akbarali said in his ruling.
“It can keep children in dangerous places. It can disrupt some of the deepest, most profound connections that humans enjoy and need.”
Until Bill C-71 is passed, the government can grant citizenship to Canadians who have lost their nationality at the discretion of Immigration Minister Marc Miller.
