Following a court ruling declaring the "first-generation limit" in the law unconstitutional, Canada intends to reinstate the right of citizens born abroad to transmit their citizenship to children born outside the country.

The federal government has announced legislation to amend the Citizenship Act, aiming to remove a "second-generation cut-off" imposed by the previous Conservative government. This decision comes after an Ontario court ruled the limit unconstitutional in December.

While speaking to reporters, Immigration Minister Marc Miller stated, "We wanted to take this opportunity to continue to minimise differential outcomes as much as possible for children born abroad... compared to children born to Canadians [in Canada]." He emphasised the importance of fairness in granting citizenship, noting that while not everyone is entitled to it, fairness must prevail for those who are eligible.

In 2009, the previous Conservative government under Stephen Harper restricted citizenship by descent to only one generation. This decision followed criticism of the government's expenditure of $85 million to evacuate 15,000 Canadian citizens from Lebanon during the brief 2006 conflict with Israel. The Conservatives labelled dual nationals as "Canadians of convenience".

Since then, Canadian citizens born abroad have been unable to transmit their citizenship to any children born outside the country. This situation has led to the emergence of what some describe as a generation of "lost Canadians" and has been criticised as constituting a two-tiered system of citizenship.

The new bill proposes to allow Canadian citizens born abroad to pass on their citizenship if they can demonstrate a substantial connection to Canada. This requirement entails showing that they have resided in the country for at least three years.

The inclusion of the "substantial connection" clause aims to address concerns raised by anti-immigration critics. These critics argue that many immigrants acquire Canadian passports but subsequently leave the country, only returning to claim benefits.

Jenny Kwan, a member of parliament and immigration critic for the New Democratic Party, hailed the bill as a historic moment for "lost Canadians" and their families. She emphasised that the previous unjust law had caused significant hardship and suffering for many Canadian families, leading to family separations and rendering children stateless. Kwan highlighted that it failed to acknowledge Canadians as global citizens who travel, study, work abroad, form relationships, and start families in other countries.

Citizenship remains a contentious issue in a nation with high levels of immigration. Tom Kmiec, Conservative MP and shadow immigration minister stated in a press release that the immigration system is "falling apart." He added that "Common sense Conservatives" will address the issues in the immigration system that, according to him, the Liberals have caused.

Don Chapman, who coined the term "lost Canadians," stated that it's uncertain how many individuals may be entitled to citizenship under the bill. However, he believes that while there may not be a significant influx of people moving to Canada, many individuals could qualify for citizenship.

He mentioned that American actors like Gene Hackman, Shirley MacLaine, and Warren Beatty could potentially become Canadian citizens under the bill, although whether they will exercise that right remains uncertain.

Image source: The Guardian