Carney Liberals move to vastly expand birthright citizenship

Immigration Minister Marc Miller has announced an interim citizenship program to help those affected, while a judge has questioned the lack of details on how the program will work, according to the Globe and Mail.

In 2009, the Conservative government changed citizenship laws to prevent Canadians born abroad from passing their citizenship to their children unless the child was born in Canada. The Ontario Superior Court of Justice ruled in late 2023 that this law was unconstitutional, and the government agreed with the decision.

Since then, the federal government has received three deadline extensions to pass new legislation. Now, with the current deadline set to expire on March 19, Miller’s department is seeking a 12-month extension. While waiting for legislation, Miller announced that affected individuals born or adopted before December 19, 2023 will be eligible for discretionary citizenship grants. Those born or adopted after that date may also qualify if they have a Canadian citizen parent who has lived in Canada for at least three cumulative years.

This three-year requirement was part of previous legislation aimed at resolving the issue, but the bill died when Parliament was prorogued in January.

On March 13, Ontario Superior Court Justice Jasmine Akbarali extended the deadline temporarily, until April 25, but criticized the government for not providing enough details on how it would implement interim measures.

“There is no evidence of what policy will be adopted to implement its intention,” Akbarali stated in her decision. “There is no evidence about how any such policy will be communicated to people affected by the unconstitutional legislation.”

She added that more information is needed before granting a further extension.

Sujit Choudhry, a lawyer representing those who challenged the law, argued in court that the government should only receive a four-month extension rather than the requested 12 months. He suggested the longer request was due to the likelihood of an upcoming federal election. Choudhry pointed out that courts have granted four-month extensions in the past to allow governments to pass court-mandated legislation during election periods.

The federal government, in its court submission, warned that failing to pass new legislation before the deadline could result in some individuals automatically gaining citizenship while others remain excluded.

The court heard arguments on the matter Thursday morning, and a decision is expected soon.