During a media event in Toronto scheduled for 10:30 a.m. ET on May 23, 2024, Immigration Minister Marc Miller is expected to present a new citizenship bill. Prominent parent and advocate Kathryn Burton and Vancouver East MP Jenny Kwan will be joining him. Many Canadians, particularly the so-called “Lost Canadians,” stand to benefit greatly from the reforms that are being considered, and they will offer insightful commentary and questions regarding these plans.
Gaining Comprehension: Who Are the ‘Lost Canadians’?
People who are “lost Canadians” because their birthplace and date of birth get them caught up in the complicated terms of the Citizenship Act. Problematically, the 2009-instituted “first generation limit” is at its heart. This regulation states that if a parent is a Canadian citizen and their child was born outside of Canada, the child will not instantly become a Canadian citizen. A term that came to light during the 2006 evacuation of 15,000 Lebanese Canadians during the Israel-Hezbollah conflict—a move that cost Canada $85 million—was “Canadians of convenience,” and this rule sought to rectify that.
The Road to Reform: Recent Legal Developments
On December 19, 2023, the Ontario Superior Court of Justice reached a ruling declaring the first-generation restriction unlawful. The Citizenship Act unfairly divided Canadians into two groups, as this historic ruling made clear. The government’s decision not to appeal was announced in January 2024 by Immigration Minister Marc Miller. The Citizenship Act would instead be amended to conform to the verdict, with a target date of June 19, 2024.
Because it calls into question the persistent injustices in Canada’s citizenship laws, this decision has provided much-needed hope to many. Given the sluggish development on prior attempts, such Bill S-245, it is critical that the government takes action to write new legislation in reaction to this court ruling.
S-245: A Measure to Promote Equality
Honourable Yonah Martin brought the plight of “Lost Canadians” to the attention of the Senate with Bill S-245 on May 12, 2022. If a person was born abroad to Canadian parents between February 15, 1977, and April 16, 1981, and they did not petition to keep their citizenship before they turned 28, the bill would have granted them citizenship. This measure was presented to the House of Commons by Member of Parliament Jasraj Singh Hallan on June 15, 2022, after having been approved by the Senate on May 17, 2022.
Between March and June of 2023, the Standing Committee on Citizenship and Immigration (CIMM) of the House of Commons examined Bill S-245. After reviewing the measure in its original form, the committee found numerous faults and suggested fixes.
What the New Citizenship Laws Mean for the Future
The ‘Lost Canadians’ have long held grievances that this new law is intended to introduce in an effort to resolve. The goal is to make sure that all Canadians, regardless of where they were born, have the same rights to citizenship and to end the unfair categorization of Canadians based on their place of birth. This modification may have an impact on thousands of people who have been trying to get their citizenship status under the complicated Citizenship Act.
The Big Picture: Canadian Citizenship and Immigration
Canada’s demographic and cultural landscape have been shaped by its immigration policies, which have long been seen as a cornerstone of the nation’s identity. Immigrants made up more than 22% of Canada’s population in 2023, adding to the country’s multicultural richness and economic growth. The Citizenship Act is known for its stringent requirements, which critics say do not represent Canada’s inclusive principles.
In summary
Marc Miller and his colleagues will soon be discussing in depth a piece of legislation that would update Canada’s citizenship system and make up for past wrongs. Taking care of the ‘Lost Canadians’ is a double-edged sword: it satisfies the court’s ruling and upholds the egalitarian values that are fundamental to Canadian identity.
This might be a watershed moment in Canadian citizenship and immigration policy, ushering in a more equitable and inclusive society for all Canadians as we wait for the details of the new law to be unveiled.
