Missing 'lost Canadians' deadline creates 'unknowable' number of new citizens: feds

The Ontario Superior Court in Toronto is photographed on May 2, 2022. THE CANADIAN PRESS/Christopher Katsarov

OTTAWA -

An unknown number of people will automatically become Canadian citizens next week if the Ontario Superior Court doesn't grant the federal government a third extension to fix the issue of "lost Canadians," Canada argued in court Thursday.

"Lost Canadians" is a term applied to people who were born outside of the country to Canadian parents who were also born in another country.

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In 2009, the former Conservative government changed the law so people who were born abroad could not pass down their citizenship unless their child was born in Canada.

In late 2023, the Ontario Superior Court of Justice ruled that law is unconstitutional.

The government has until Dec. 19 to amend the Citizenship Act to respond to that decision. It is now seeking its third extension, after being granted delays in June and August.

In court Thursday the government asked for the Dec. 19 deadline to be delayed three months, until March 19, 2025, to give them more time to pass legislation.

The Liberals introduced the amendments to the Citizenship Act in May but the bill only began real debate in September. It has been sidelined since then, as an ongoing battle between the Conservatives and Liberals delays most work in the House of Commons.

The new legislation stipulates that anyone who meets the criteria would be eligible for citizenship if their parents spent a cumulative three years in Canada before they were born.

In a court filing, the Attorney General's office argued that if the 2009 law lapses next week, it would create a "legislative gap" where citizenship would be applied inconsistently and result in an unknown number of people becoming Canadian citizens.

The legal team representing seven families of lost Canadians argued that the government has had more than enough time to pass the legislation with the two previous extensions.

Attorney Sujit Choudhry argued that the extension should only be granted to Feb. 3, 2025. He asked the court to assess the work that has been done to pass the legislation and decide whether to grant a further extension.

The House of Commons rises Dec. 17 for Christmas and will not resume until Jan. 27, 2025.

Choudhry argued the government has not taken sufficient action to pass the bill.

Despite a filibuster over a privilege motion grinding most House of Commons business to a halt, the government has been able to introduce and pass other laws, Choudhry pointed out.

The government's filing says citizenship legislation is "complex and has far-reaching effects," so it needs to be carefully reviewed and considered by Parliament.

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The bill is currently at second reading stage in the House of Commons. The Senate is also doing a pre-study of the legislation.

Government lawyer Hillary Adams said that a plan to advance the legislation had been outlined but the government lacks the support in the House to pause the privilege debate to quickly pass this legislation.

She argued that it doesn't mean the government is in contempt if things don't go according to plan.

Justice Jasmine Akbarali said she is aware of the time crunch to render her decision on the extension and told the court one will be made soon.

This report by The Canadian Press was first published Dec. 12, 2024.