Key Highlights
Canada introduced temporary solutions to comply with the "first-generation limit" found in the Citizenship Act, which provides citizenship to affected people under this law. The decision emerges from the slow approval process for Bill C-71 to modify the Citizenship Act because it seeks to provide immediate assistance to those awaiting legislative changes. Under these temporary measures, individuals facing the FGL status can request discretionary citizenship granting because their citizenship acquisition is currently limited. The Canadian government has taken this step to resolve the unconstitutional issues discovered by the Ontario Superior Court of Justice regarding the citizenship process through Fairness for Gifted Lawyers legislation.
Interim Measures Overview
People currently have access to a discretionary citizenship grant according to special circumstances through interim measures. These situations include:
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People born before December 19, 2023, who underwent adoption before the specified date or met the first-generation limitation requirements also fall under this category.
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Canadian parents must meet the proposed substantial connection to the Canada test for natural and adopted children born after December 19, 2023.
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Certain individuals who were born earlier than April 1, 1949, when facing the first-generation limit limitations may qualify.
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The former section 8 of the Citizenship Act required citizenship loss for anyone who failed to meet residence requirements.
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Background on Bill C-71
The Canadian federal government introduced Bill C-71 in 2024 to address the first-generation limit (FGL) in Canada’s Citizenship Act. The first-generation limit of Canada’s Citizenship Act received an unconstitutional decision from the Ontario Superior Court of Justice in December 2023. Children born outside Canada to Canadian citizens through descent cannot transfer citizenship to their offspring according to the rules set by the FGL.
Understanding the First-Generation Limit (FGL)
The Canadian federal government introduced Bill C-71 in 2024 to address the first-generation limit (FGL) in Canada’s Citizenship Act. The first-generation limit of Canada’s Citizenship Act received an unconstitutional decision from the Ontario Superior Court of Justice in December 2023. Children born outside Canada to Canadian citizens through descent cannot transfer citizenship to their offspring according to the rules set by the FGL.
Court Ruling and Government Response
The Ontario Superior Court of Justice ruled the FGL provision unconstitutional because it established dual citizenship tiers while breaking Canadian Charter rights which prohibit discrimination through national origin. The federal government decided against pursuing an appeal of the FGL decision because they believed the present version of the FGL would not align with desirable federal policies.
Proposed Solution in Bill C-71
The government enacted Bill C-71 after the court ruling to alter the Citizenship Act provisions. Under the proposed Act's provisions, parents seeking Canadian citizenship clause through FGL should prove substantial Canadian ties spanning three years (1,095 days) before their child's birth. The new Citizenship Act, through Bill C-71, allows citizens of Canadian descent to maintain citizenship inheritance for their international birth children when they demonstrate sufficient ties to Canada.
Delay and Interim Measures
Bill C-71 remains delayed since it has failed to obtain legal status. The Superior Court of Justice continues to delay federal government action on Citizenship Act amendments until March 19, 2025. National legislative operations remain suspended until March 24, 2025, so the government will definitely disappoint its deadline. The government implemented short-term measures after delays to provide citizenship solutions for persons involved with the FGL.
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Implications of Missing the Deadline
The Court has the option to declare the offending piece of the Citizenship Act invalid when the government does not bring legislative changes or extend the deadline. Such a judicial decision would cause the disabled part of the Citizenship Act to cease functioning.
Conclusion
The Canadian government established short-term solutions to remedy first-generation limit problems through its Citizenship Act before official legislative changes took effect. The measures serve as a solution to grant citizenship opportunities to those who face the FGL restrictions through a path toward naturalization, which maintains equity for citizenship applicants. The interim measures function as a short-term solution because the government maintains its efforts to develop Bill C-71 while maintaining equilibrium between legal requirements and citizenship seeker rights. The Canadian government maintains a dynamic stance towards these citizenship issues as the country proceeds with the complex navigation of this matter.
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