Foreign-born children of foreign-born Canadians set to receive citizenship under proposed bill

| May 23, 2024 in National News

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The NDP and Liberals have co-authored a bill that would allow foreign-born Canadians to pass on citizenship rights to their foreign-born children.

If passed, the proponents of the bill said an unknown number of people around the world would be automatically granted Canadian citizenship. 

That would include anyone born since the passing of a 2009 Stephen Harper-era law that restricted citizenship among the children of foreign-born citizens to those born in Canada.

When asked today how many people would be affected, Immigration Minister Marc Miller said he didn't know. When he looked to the activist Don Chapman, who has called for the law to be passed, for an answer, Chapman said: "I don't know. But a lot of people."

Under the legislation, which was submitted today, foreign-born Canadians would have to spend at least three years in Canada before passing on their citizenship to a foreign-born child.

Speaking this morning, Miller said Canada is a country “that supports human rights, equality and respect for all people.” 

He added: “There's no doubt that Canadian citizenship is highly valued and recognized around the world. We want our citizenship to be fair, accessible, with clear and transparent rules.

“Not everyone is entitled to it. But for those who are, it needs to be fair.”

The government was given until June 19 to change the law after an Ontario judge ruled that the current citizenship system is unconstitutional because it creates two sets of citizenship.

The Conservative Party is yet to comment on the proposed legislation, which would also affect children who have been adopted by Canadian citizens.

The NDP's immigration critic, Jenny Kwan, co-authored the draft of the bill. Kwan was born in Hong Kong and moved to Canada as a child.

Kwan called the current citizenship rules "unjust."

Canada's citizenship rules are not particularly unusual, however. In the UK, for example, the foreign-born children of citizens born overseas cannot, in most cases, pass on their citizenship.

In a news release issued this morning, the federal government said Bill C-71 – An Act to amend the Citizenship Act would “restore citizenship to ‘Lost Canadians’ – individuals who lost or never acquired citizenship as a result of outdated provisions of previous citizenship legislation.”

That release also carried a quote from Miller, who said the current law was “excluding some people who have a genuine connection to Canada.”

“This has unacceptable consequences for families and impacts life choices, such as where individuals may choose to live, work, study, or even where to have children and raise a family. 

“These changes aim to be inclusive and protect the value of Canadian citizenship, as we are committed to making the citizenship process as fair and transparent as possible.”

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