So-called “lost Canadians” will have to wait even longer to gain citizenship rights after a court gave the federal government more time to amend a law it found unconstitutional.
The court initially ordered the federal government to amend by today a law that bars Canadians born overseas from passing on their citizenship to their children born overseas.
The Liberal Party introduced Bill C-71 in May, which would introduce sweeping changes to Canada’s citizenship laws, and which the government says addresses the court’s concerns.
But the Liberal Party The bill is passed in the House of Representatives Lawmakers won’t return to the House of Representatives until mid-September, before going on summer recess on Wednesday.
Ontario Superior Court Justice Jasmine Akbarali on Wednesday sharply criticized the pace at which the bill was moving through the House of Commons in handing down an adjournment until Aug. 9. She noted that while other government bills have moved quickly to the Senate, the citizenship bill, which addresses violations of legal rights, is still in its early stages.
“I am troubled by the fact that it took more than five months to introduce Bill C-71 and that nearly a month later, the bill has still not received its second reading,” Akbarali said.
“The government has not explained why the bill has been stalled since May 23, 2024, despite knowing the date when the invalidity declaration was due to expire.”
Meanwhile, the rights of Canadians are being violated, Akbarali added.
“The unconstitutional law remains in place and continues to violate Canadians’ Charter rights to make important decisions about where to live and when and where to have children, all of which impacts the economic, physical and mental well-being of those affected,” the judge wrote.
Akbarali said 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.”
In his previous ruling, Akbarali said the current law forces women of reproductive age to choose between taking advantage of opportunities to travel, study and work abroad and passing on their citizenship to their children.
Complex provisions in the Citizenship Act have caused thousands of so-called “lost Canadians” to lose their citizenship and in some cases be deported. Now the federal government is trying to pass new legislation to stop people being left behind.
During December, Ontario Superior Court rejects the case Canada’s old citizenship law, Bill C-37The Canadian Constitution also requires that parents who are born outside of Canada not pass on their citizenship to their children. The court ruled that the law violates parents’ rights under the Canadian Charter of Rights and Freedoms. The court gave the government six months to bring the law into compliance with the Charter.
The Liberal government said in May that its response to the ruling, Bill C-71, would resolve those issues and, if passed, would automatically grant citizenship to children born after 2009.
In granting the extension, Justice Akbarali said the government must explain by August 1 why it should consider an extension until December 19. He 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 needed to pass the bill “ideally” by mid-December.
The terms were sought by Sujit Choudhury, the lawyer who fought the constitutional lawsuit on behalf of the families, who estimates that current law violates the rights of at least 1.48 million Canadians living in the country and overseas.
“Since our victory last December, we’ve been hearing from people who have been discriminated against or whose rights have been violated by the cutoff,” Choudhury told CBC. “They are eager for the bill to be passed and implemented swiftly so that they can have their citizenship restored, especially for their children.”
Choudhury said the court may have been more sympathetic to the government if the bill had gone further.
“Nothing has happened since the bill was introduced,” Choudhury said. “If a law is to be enacted pursuant to a court order, that bill must take precedence over other bills in the legislative process.”
Immigration, Refugees and Citizenship Canada did not respond to CBC’s questions but said an Ontario court had granted “the government’s request.” [for an extension] …’Conditional’ until August.
