The proposed Bill C-71 amendment to the Citizenship Act aims to address and rectify the harm caused by overly restrictive laws implemented in the past. Canada is a country built by generations of immigrants, with people from all over the world converging here to form a unique multicultural society. For many, Canadian citizenship is invaluable, symbolizing rich social benefits, high-quality education and healthcare services, and a life of freedom and inclusivity. There are numerous ways to obtain Canadian citizenship, primarily based on jus soli (right of the soil) supplemented by jus sanguinis (right of blood). However, due to the nature of Canadian law and the diversity of its citizens, it is challenging to create a law defining citizenship without any omissions.
On December 19, 2023, a ruling by the Ontario Superior Court determined that prohibiting Canadian citizens born abroad from passing their citizenship to their foreign-born children might be unconstitutional. This news has prompted a reconsideration of the applicability of the citizenship laws tightened by Prime Minister Harper’s cabinet in 2009 in today’s society. On May 13, 2024, the Honourable Marc Miller, Canada’s Federal Minister of Immigration, in a public speech in Ottawa, presented to Parliament a bill proposing the relaxation of the inheritance of Canadian citizenship for the second generation born abroad to first-generation Canadian citizens born overseas. This is the proposal for the C-71 amendment.
If this bill is passed, it will allow any foreign-born individuals with Canadian parents to automatically acquire citizenship, provided specific conditions are met before the act’s implementation. At the time of this publication, the C-71 amendment proposal may still be under debate and review. Let us explore the current methods of acquiring citizenship and the issues the C-71 amendment seeks to address.
Current Legislation Governing Direct Acquisition of Citizenship by Descent – Jus Soli
Children who meet the following conditions and are not subject to exceptions:
- Born right on Canadian soil.
- Born on the floating territory of Canada or overseas territories.
Exceptions:
- Both parents are active diplomatic personnel of a foreign government stationed in Canada.
- Born in an enclave owned by a foreign government within Canadian territory.
Current Legislation Governing Direct Acquisition of Citizenship by Descent – Jus Sanguinis
Children who meet the following conditions at the time of birth:
- At least one parent was born in Canada and holds valid Canadian citizenship.
Current Legislation Governing Indirect Acquisition of Citizenship – Jus Sanguinis
For those unable to directly acquire citizenship due to the 2009 amendment, the following methods and pathways are available:
- A parent who holds Canadian citizenship may apply for family reunification immigration to obtain permanent residency.
- Relocate to Canada, establish residency, and meet the current requirements of the Citizenship and Immigration Act at the time of application.
- If the individual is an adult, they must submit the application themselves.
- If the individual is a minor, the application must be submitted by the parent holding Canadian citizenship.
Proposed Amendments under Bill C-71 for Relaxed Direct Acquisition of Citizenship – Jus Sanguinis
At the time of the child’s birth:
- At least one parent is a Canadian citizen.
- Prior to the child’s birth, the Canadian citizen parent has resided in Canada for at least 1095 days.
Foundation and Challenges of Bill C-71 Becoming Formal Law
- This amendment builds on the solid groundwork laid by the House of Commons and the Senate with Bill S-245.
- It proposes to expand coverage to include adopted non-biological children born overseas.
- Securing approval from Parliament.
- Receiving Royal Assent.
