Bill C-71: A New Era for Canadian Citizenship by Descent

Bill C-71: A New Era for Canadian Citizenship by Descent

A Landmark Legislation to Address Unfairness and Inequality

The Canadian government has introduced Bill C-71, a significant amendment to the Citizenship Act, aiming to rectify past injustices and create a more inclusive framework for citizenship by descent. This groundbreaking legislation comes in response to a December 2023 Ontario Superior Court of Justice ruling that declared the existing first-generation limit to citizenship by descent unconstitutional.

Eliminating the First-Generation Limit

Under the current Citizenship Act, Canadian citizens born outside Canada cannot pass on their citizenship to children born abroad. This limitation has had far-reaching consequences, unfairly impacting many Canadians and their families. Bill C-71 seeks to eliminate this discriminatory first-generation limit, recognizing the fundamental right of all Canadians to pass on their citizenship, regardless of their birthplace.

Restoring Citizenship to Lost Canadians

Bill C-71 not only addresses the first-generation limit but also takes significant steps to restore citizenship to individuals who have been unjustly labeled as "Lost Canadians." These individuals lost or never acquired citizenship due to outdated provisions under the former section 8 of the Citizenship Act. According to the Immigration, Refugees and Citizenship Canada, Bill C-71 seeks to rectify these historical injustices and restore citizenship to any remaining “Lost Canadians,” their descendants and anyone who was born abroad to a Canadian parent in the second or subsequent generations before the legislation comes into force.

The Substantial Connection Test

Going forward, Bill C-71 proposes a new framework for citizenship by descent based on a "substantial connection" to Canada. This means that Canadian parents born abroad can pass on their citizenship to their children born abroad, as long as they can demonstrate a significant connection to Canada. This connection can be established by meeting a minimum requirement of 1,095 days of physical presence in Canada before the child's birth or adoption.

Implications and Impact

Bill C-71 represents a significant step forward in making Canadian citizenship laws fairer and more inclusive. It not only addresses past injustices but also establishes a more equitable system for future generations. By removing the discriminatory first-generation limit and restoring citizenship to Lost Canadians, this legislation reaffirms Canada's commitment to diversity, equality, and the fundamental right of all individuals to belong.

Conclusion

Bill C-71 is a landmark legislation that promises to reshape the landscape of Canadian citizenship by descent. While it may take some time for the full impact of these changes to be felt, this bill marks a significant turning point in Canada's ongoing journey towards a more just and inclusive society.

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