The Canadian federal government has chosen not to appeal a recent court ruling that deemed a section of the Citizenship Act unconstitutional. This section, known as the “first generation limit,” prevented children born abroad to Canadian parents from automatically acquiring Canadian citizenship beyond the first generation. The limit had been criticized for creating a distinction between two classes of Canadian citizens, and on December 19, 2023, the Ontario Superior Court of Justice ruled it unconstitutional.
The court case was initiated by a group of families living abroad who were adversely affected by the first generation limit, preventing them from passing on Canadian citizenship to their children. Toronto-based constitutional lawyer Sujit Choudhry, who represented these families, expressed their relief and vindication regarding the court’s ruling and the government’s decision not to challenge it.
The first generation limit was introduced in 2009 during the tenure of then-Prime Minister Stephen Harper, following public concern over the evacuation of Canadian citizens from Lebanon during the Israel-Hezbollah conflict in 2006. Critics had questioned the ties of these evacuees to Canada, coining the term “Canadians of convenience.” The Harper government argued that the limit would protect the value of Canadian citizenship by ensuring citizens had a genuine connection to the country.
However, Justice Jasmine Akbarali ruled that this limit violated sections of the Charter of Rights and Freedoms related to mobility rights and equality rights. It put affected individuals in an untenable position, forcing them to choose between pursuing opportunities abroad and passing on citizenship, which was deemed impractical by Choudhry.
While the exact number of affected individuals, often referred to as “lost Canadians,” abroad is unclear, there were 322,530 Canadians by descent living in Canada according to the 2021 census, all potentially facing similar second-class citizenship issues.
The court ruling mandated that the government repeal the limit and amend the Citizenship Act within six months. A bill, Bill S-245, has already been progressing through Parliament to address this issue. The bill, amended by a House of Commons committee, allows foreign-born second-generation Canadians to transmit citizenship to a child born abroad if the parent can demonstrate a “substantial connection with Canada.”
In conclusion, the Canadian government’s decision not to appeal the court ruling signals the end of the first generation limit on citizenship transmission abroad, addressing concerns of unequal treatment among Canadian citizens. The government is now working to pass legislation to implement the necessary changes.