Bill C-37: "Lost Canadians" Act Anniversary and Its Ongoing Impact

On the anniversary of the 'Lost Canadians' Act (Bill C-37), we examine its impact on restoring citizenship to those affected by outdated laws and the ongoing challenges that remain.

It has been years since Royal Assent was granted to Bill C-37, federal legislation aimed at correcting historical injustices in Canada's citizenship laws that had left thousands of so-called "Lost Canadians" without legal recognition. The law, which came into force on April 17, 2009, amended the *Citizenship Act* to restore or grant citizenship to many who had either lost it or never received it due to previous, often discriminatory, legislative provisions.

While the bill was a landmark achievement, its anniversary serves as a reminder of both the progress made and the challenges that persist for some individuals still navigating complex citizenship rules. This article revisits the origins of the "Lost Canadian" issue, the changes brought by Bill C-37, and the ongoing advocacy for those who still fall through the cracks.

Key Takeaways

  • Bill C-37: Granted or restored citizenship to many "Lost Canadians" who were disenfranchised by previous versions of the *Citizenship Act*.
  • "Second-Generation-Born-Abroad" Rule: Bill C-37 introduced a new rule limiting citizenship by descent to the first generation born abroad, creating a new group of potential "Lost Canadians."
  • Ongoing Advocacy: Many individuals and advocacy groups continue to push for further amendments to the *Citizenship Act* to address remaining gaps.
  • Recent Developments: Recent court rulings and proposed legislation continue to shape the landscape of Canadian citizenship law.

The Historical Context of "Lost Canadians"

The issue of "Lost Canadians" stems from a series of now-repealed provisions in Canadian citizenship law. Before 1947, there was no legal status of "Canadian citizen." Individuals were considered British subjects. The first *Citizenship Act* of 1947 created Canadian citizenship, but it also contained rules that, over the years, caused many to lose their status. For example:

  • War Brides: Many women who married foreign soldiers during wartime lost their Canadian citizenship automatically.
  • Children Born Abroad: The rules for passing on citizenship to children born outside Canada were complex and often discriminatory, particularly against women.
  • "Need to Apply" Provisos: Some individuals were required to take steps to retain their citizenship at a certain age and, being unaware, lost it.

These and other arcane rules created a cohort of individuals with deep connections to Canada—many of whom had lived, worked, and paid taxes in the country for decades—who were shocked to discover they were not, in fact, Canadian citizens.

How Bill C-37 Addressed the Issue

Facing mounting pressure from advocacy groups and extensive media coverage, the Government of Canada passed Bill C-37. The bill provided a retroactive grant of citizenship to most individuals who had lost or never acquired it, as long as they were born on or after January 1, 1947. This single piece of legislation is estimated to have restored citizenship to tens of thousands of people.

However, in an attempt to prevent future generations of "Lost Canadians," the bill also introduced a significant new limitation: the "second-generation-born-abroad" rule. This rule stipulates that a Canadian citizen born outside Canada can only pass on their citizenship to a child also born outside Canada if the parent has resided in Canada for at least three cumulative years before the child's birth.

The "Second-Generation-Born-Abroad" Rule: A New Challenge

While intended to ensure a meaningful connection to Canada for citizens born abroad, the "second-generation-born-abroad" rule has been criticized for creating a new class of "Lost Canadians." Children of Canadians working abroad for international companies, non-governmental organizations, or simply living as expatriates may not automatically be entitled to Canadian citizenship.

This has led to significant challenges for many families and has been the subject of ongoing legal battles. In 2023, the Ontario Superior Court of Justice ruled that the "second-generation-born-abroad" rule is unconstitutional, a decision that the federal government is currently appealing. The outcome of this appeal will have significant implications for the future of Canadian citizenship.

What This Means For You

If you believe you may be a "Lost Canadian" or are unsure about your citizenship status, it is crucial to review your family history and the relevant citizenship legislation. Specifically:

  • If you were born before 1947: Your situation may be more complex, as Bill C-37 primarily addressed those born on or after this date.
  • If you are a Canadian citizen born abroad and have children born outside Canada: You need to be aware of the "second-generation-born-abroad" rule and the residency requirements for passing on citizenship.
  • If you believe you may have a claim to citizenship: You can apply for a citizenship certificate through Immigration, Refugees and Citizenship Canada (IRCC). The application process can be complex, and you may want to seek legal advice.

The Future of Canadian Citizenship

The story of the "Lost Canadians" is a powerful reminder that citizenship is a legal construct, subject to the laws of the day. While Bill C-37 was a crucial step in rectifying past wrongs, the ongoing debates and court cases demonstrate that the definition of who is a Canadian is still evolving.

Advocacy groups continue to call for a more inclusive and simplified *Citizenship Act* that would eliminate all discriminatory provisions and ensure that all individuals with a substantial connection to Canada are recognized as citizens. As Canada continues to be a country built on immigration, the principles that underpin its citizenship laws will remain a topic of vital national importance.

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Think you might be a "Lost Canadian"? Take our eligibility quiz to see if you may have a claim to Canadian citizenship.

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*This article is for informational purposes only and does not constitute legal advice.*

Canada Citizen Center is not a law firm and does not provide legal advice.