The federal government plans to restore the rights of “lost Canadians” by allowing those born abroad to pass down citizenship, even if their children were also born outside Canada. Immigration Minister Marc Miller introduced legislation to reverse the “second-generation cut-off rule” implemented by the Conservatives in 2009.
“Canadian citizenship is highly valued and recognized worldwide,” said Miller. “Not everyone is entitled to it, but for those who are, it needs to be fair.”
Under the new legislation, Canadian parents must demonstrate they have spent at least three years in Canada before the birth or adoption of their child to be eligible. “I think it’s a reasonable limit to what is a substantial connection to Canada,” Miller added.
Last year, an Ontario court ruled that the “second-generation cut-off rule” was unconstitutional and disproportionately affected women, giving the Trudeau government until June 19 to amend the law.
NDP immigration critic Jenny Kwan, who helped draft the legislation, spoke alongside Miller during the announcement. “I’ve talked to family members separated from their loved ones because of this unjust law,” she said.
Don Chapman, who coined the term “lost Canadians” and had to reapply for his Canadian citizenship, called the proposed legislation “momentous.” “This bill will be the first time in Canadian history that women achieve the same rights as men in the Citizenship Act,” he noted.
The 2009 change, introduced by former Prime Minister Stephen Harper, aimed to crack down on “Canadians of convenience” by removing the automatic right to citizenship for children of Canadians born overseas. This followed backlash over the $85 million cost to evacuate Canadian citizens from Lebanon during the 2006 Israel-Hezbollah war.
“Canadians living abroad can sometimes be a burden for the government if we need to evacuate them during an armed conflict or if they return to seek healthcare,” said McGill political science professor Daniel Béland. “But they are also a potential source of economic prosperity.”
Miller did not specify how many citizens will be added once the changes take effect but called the 2009 law “manifestly unfair.”
Conservative immigration critic Tom Kmiec criticized Miller’s comments and the Trudeau government’s handling of immigration, saying, “Justin Trudeau has broken our immigration system and allowed fraud, chaos, and delays to run rampant.”