Dec 12, 2024, 12:33 PM
Dec 12, 2024, 12:33 PM

Federal government delays citizenship for lost Canadians as deadline approaches

Highlights
  • The federal government is requesting an extension from the Ontario Superior Court to pass legislation for lost Canadians.
  • A decision is needed soon, as the current law lapses next week, risking inconsistent citizenship applications.
  • The outcome of the government's request could greatly affect the citizenship status of many individuals.
Story

In Canada, the federal government is currently seeking a three-month extension from the Ontario Superior Court to finalize citizenship legislation for individuals known as 'lost Canadians,' who were affected by changes to citizenship laws made in 2009. These individuals are primarily those born outside Canada to Canadian parents, who became ineligible to pass down their citizenship under the revised laws enacted by former Prime Minister Stephen Harper's government. As per the government's recent filings, without the requested extension, an 'unknowable' number of people could automatically gain citizenship next week, creating a potential 'legislative gap' that may lead to inconsistencies in citizenship applications. Last year, the Ontario Superior Court ruled that the Harper-era citizenship law was unconstitutional, prompting the Liberal government to introduce new legislation aimed at granting citizenship to these individuals. However, this legislation still needs to pass through Parliament. The government has previously requested two extensions, with the court now being asked to push the deadline to March 19, 2025, allowing more time for careful review and approval by Parliament. The Attorney General's office argues that this legislation is complex and its implications far-reaching, necessitating thorough deliberation. In contrast, Attorney Sujit Choudhry, representing seven families of lost Canadians, contends that the government has had ample time to pass the necessary laws, pointing to their ability to introduce and pass other legislation even amidst procedural delays in the House of Commons. Choudhry has called for the extension to be limited to February 3, 2025, and emphasizes that the court should evaluate the government's progress in passing the bill. The bill is currently at the second reading stage in the House of Commons, while the Senate is undertaking a pre-study of the legislation. If the Harper-era law lapses without a replacement, families could face considerable uncertainty regarding citizenship eligibility, which reinforces the urgency of the government's requested extension. As more people could potentially be impacted, the implications of the court's decision on this matter could significantly affect many lives in the coming weeks.

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