Ottawa won't appeal court ruling striking down limit on passing citizenship to children born abroad
The federal government has announced it won't be challenging a court ruling that struck down a portion of the Citizenship Act which blocked children born abroad to Canadian parents from obtaining Canadian citizenship beyond the first generation.
The "first generation limit" had meant that foreign-born children of Canadian parents who were also born aboard would not be eligible to automatically obtain Canadian citizenship by birthright. Critics had long argued that this limit created two classes of Canadian citizenship, and on Dec. 19, 2023, the Ontario Superior Court of Justice agreed, declaring it unconstitutional.
"This law, as it currently stands, has had unacceptable consequences for Canadians whose children were born outside the country. For this reason, we will not appeal the ruling," Immigration Minister Marc Miller said in a news release on Monday.
The court case was brought on by a group of families living abroad who were affected by the limit and unable to pass on their Canadian citizenship to their children.
Toronto-based constitutional lawyer Sujit Choudhry, who represented the families, said his clients felt "vindicated" by the court's ruling and the government's decision not to challenge it.
"They're feeling vindicated because it's been a long fight. Some of them have been fighting for over a decade. They feel more of a sense of relief by the government's decision not to appeal," he told CTVNews.ca over the phone on Monday.
The first generation limit was instituted under the government of then-prime minister Stephen Harper in 2009 in response to outcry from the public after Canada spent $94 million to bring 15,000 Canadian citizens out of Lebanon during the Israel-Hezbollah war in 2006. At the time, several MPs and political commentators had questioned the strength and legitimacy of the evacuees' ties to Canada, using the term "Canadians of convenience."
The Harper government said in 2007 establishing a first generation limit would "protect the value of Canadian citizenship by ensuring that our citizens have a real connection to this country."
However, in her ruling released last month, Justice Jasmine Akbarali ruled that this limit violated the sections of the Charter of Rights and Freedoms that pertain to mobility rights and equality rights.
"It basically put them in an impossible position, that they shouldn't have to be, of having to choose between pursuing their opportunities abroad and passing on citizenship," Choudhry said. "The timing of choosing when to begin a family is not straightforward … and it's simply it's not practical for them to drop everything in their lives and run back to Canada to deliver their kids."
Choudhry says it's unclear how many "lost Canadians" abroad are affected by this ruling. However, the 2021 census found that there were 322,530 Canadians by descent living in Canada.
"They all have the same type of second-class citizenship as my clients," Choudhry said. "Essentially, the second-generation cutoff stands in the way of them pursuing opportunities to study and travel and pursue education abroad that others don't."
The court ruling gave the federal government six months to repeal the cutoff and amend the Citizenship Act, but there's already a bill making its way through Parliament to do exactly that. Last summer, Bill S-245 was amended by a House of Commons committee to allow foreign-born second-generation Canadians to pass on their citizenship to a child born abroad if the parent can offer proof of having a "substantial connection with Canada."
"I think the simplest thing to do would be to bring S-245 for a vote in Parliament, and then for the Senate to consider the amendments and accept them, and then for the bill to receive royal assent," said Choudhry.
Meanwhile, Miller said the government will "continue to assess the impacts of the decision on existing legislation and will provide more information and confirm next steps as quickly as possible."
IN DEPTH
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
'Democracy requires constant vigilance' Trudeau testifies at inquiry into foreign election interference in Canada
Prime Minister Justin Trudeau testified Wednesday before the national public inquiry into foreign interference in Canada's electoral processes, following a day of testimony from top cabinet ministers about allegations of meddling in the 2019 and 2021 federal elections. Recap all the prime minister had to say.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
'He's in our hearts': Family and friends still seek answers one year after Nathan Wise’s disappearance
It’s been a year since Nathan Wise went missing and his family is no closer to finding out what happened to him.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Wildfire near Fort McMurray more than triples overnight, several evacuation alerts remain in place
The fire burning near Fort McMurray grew from 25 hectares to 5,500 hectares over the weekend.
Putin replaces Russian defence minister in rare cabinet shakeup
Russia’s President Vladimir Putin began a Cabinet shakeup on Sunday, proposing the replacement of Sergei Shoigu as defence minister as he begins his fifth term in office.
Man fatally 'slashed in the neck' in downtown Toronto, suspect outstanding
Police are searching for a male suspect after a man was “slashed in neck” on Sunday morning in downtown Toronto and died.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Edibles, armchairs and adapters: Here are the recalls for this week
Health Canada announced various product recalls this week, including electric adapters, armchairs, cannabis edibles and vehicle components.
Local Spotlight
Want to boost your trivia score? Learn from these high school trivia whiz kids
English, history, entertainment, math and geography: high school trivia teams could be quizzed on any of it when they compete at the Reach for the Top Nationals in Ottawa in June.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
From outer space? Sask. farmers baffled after discovering strange wreckage in field
A family of fifth generation farmers from Ituna, Sask. are trying to find answers after discovering several strange objects lying on their land.
Wilfrid Laurier football player drafted despite only playing 27 games in his entire life
A Listowel, Ont. man, drafted by the Hamilton Tigercats last week, is also getting looks from the NFL, despite only playing 27 games of football in his life.
Federal government bans watercraft from Manitoba lake popular with tourists
The threat of zebra mussels has prompted the federal government to temporarily ban watercraft from a Manitoba lake popular with tourists.
Toronto-area dessert shop featured by Keith Lee forced to move after zoning complaint
A small Ajax dessert shop that recently received a glowing review from celebrity food critic Keith Lee is being forced to move after a zoning complaint was made following the social media influencer’s visit last month.
'Oh Crap!' New exhibit at Canada Science and Technology Museum explores human waste
The Canada Science and Technology Museum is inviting visitors to explore their poop. A new exhibition opens at the Ottawa museum on Friday called, 'Oh Crap! Rethinking human waste.'
Regina police hope new biometric monitoring system will save lives in detention facility
The Regina Police Service says it is the first in Saskatchewan and possibly Canada to implement new technology in its detention facility that will offer real-time monitoring of detainees’ vital health metrics.
Her SUV was stolen in Montreal. A Good Samaritan on Facebook helped her get it back
Just as she had feared, a restaurant owner from eastern Quebec who visited Montreal had her SUV stolen, but says it was all thanks to the kindness of strangers on the internet — not the police — that she got it back.