Lost Canadians & Citizenship: Regaining Rights Under New Law

By Abhi Mehta, Founder of Canada Citizen Center and Immigration Writer

An in-depth guide to how recent changes to Canadian citizenship law, are helping “Lost Canadians” reclaim their rights. Learn about eligibility, the application process, and what it means for you.

A landmark change in Canadian citizenship law has opened the door for thousands of individuals, known as “Lost Canadians,” to claim their rightful place as citizens. This resolution comes after years of advocacy and legal challenges, culminating in a significant Ontario Superior Court of Justice ruling in 2023 and the subsequent introduction of Bill S-245. Effective May 2024, these changes address decades-old discriminatory provisions in the *Citizenship Act*, primarily affecting the children of Canadian citizens born abroad. This article examines the historical context of the issue, details the recent legislative amendments, and provides a comprehensive guide for those who may now be eligible for Canadian citizenship.

Key Takeaways

  • Citizenship Rights Extended: As of May 2024, children born abroad to a Canadian parent who was also born abroad are now eligible for citizenship by descent, effectively ending the “second-generation cut-off.”
  • 2023 Court Ruling: The Ontario Superior Court of Justice found the second-generation cut-off unconstitutional, leading to the legislative changes.
  • Who is Affected: The changes primarily benefit individuals born outside Canada to a Canadian parent who was also born outside Canada and who could not previously pass on citizenship.
  • Simple Application Process: Eligible individuals can now apply for a proof of citizenship certificate through a streamlined process with Immigration, Refugees and Citizenship Canada (IRCC).

Background

The issue of “Lost Canadians” stems from a series of complex and often discriminatory legislative changes to Canada’s *Citizenship Act* over the years. Prior to 1977, the rules were even more convoluted, with citizenship often tied to the father’s nationality and the child’s place of birth. The 1977 *Citizenship Act* introduced the concept of citizenship by descent, but it was Bill C-37, which came into effect in 2009, that created the “second-generation cut-off.”

This rule stipulated that a Canadian citizen parent born outside Canada could not pass on their citizenship to their child if the child was also born outside Canada. The intention was to prevent citizenship of convenience and limit citizenship by descent to the first generation born abroad. However, the law had the unintended consequence of stripping citizenship from many individuals with a substantial connection to Canada, including those whose parents were Crown servants or who had spent significant time in Canada.

What Changed / What's New

The most significant development is the Ontario Superior Court of Justice’s ruling in December 2023, which declared the second-generation cut-off unconstitutional. The Court found that the rule violated the *Canadian Charter of Rights and Freedoms* by creating two classes of citizens with unequal rights. This ruling prompted the Canadian government to introduce Bill S-245, which officially amends the *Citizenship Act* to eliminate the second-generation cut-off.

As a result of these changes, which took effect in May 2024, Canadian citizens born abroad can now pass on their citizenship to their children, regardless of where their children are born. This change is retroactive, meaning that individuals who were previously denied citizenship under the second-generation cut-off rule are now eligible to apply.

Who Is Affected

The new legislation has a broad impact, affecting several groups of “Lost Canadians”:

  • Second-Generation Born Abroad: The most directly affected are individuals born in the second or subsequent generations outside Canada. For example, if your Canadian-born grandmother moved to the U.K., and your mother was born there, and then you were also born there, you would now be eligible for citizenship.
  • “Lost Canadians”: This broader group includes individuals who lost or never received citizenship due to previous discriminatory laws. This includes those born abroad to Canadian mothers before 1977 (when citizenship was primarily passed down by fathers), and war brides and their children.
  • Those with a Substantial Connection to Canada: The new law also recognizes the concept of a “substantial connection” to Canada. This means that even if you don’t automatically qualify by descent, you may still be eligible for a grant of citizenship if you can demonstrate a significant tie to the country, such as through residency, family, or work.

How the Process Works

For those who are now eligible for citizenship by descent, the process is relatively straightforward:

  1. Application for a Proof of Citizenship Certificate: The first step is to apply for a proof of citizenship certificate (not a grant of citizenship) from IRCC. This can be done online or by mail.
  2. Required Documentation: You will need to provide several documents, including your birth certificate, your Canadian parent’s birth certificate and proof of citizenship, and other supporting documents, such as marriage certificates or name change documents, as required.
  3. Processing Times: Processing times can vary, but IRCC has committed to streamlining the process for those affected by the new legislation. You can check the latest processing times on the IRCC website.

For those who need to apply for a grant of citizenship based on a “substantial connection” to Canada, the process is more complex and may require legal assistance.

What This Means For You

The recent changes to the *Citizenship Act* have significant implications for individuals around the world with a Canadian connection.

  • For U.S. Citizens: Many Americans with a Canadian parent or grandparent may now be eligible for citizenship. This can provide numerous benefits, including the right to live and work in Canada, access to healthcare and education, and the ability to hold a Canadian passport.
  • For U.K. Citizens: Similarly, many Britons with a Canadian parent or grandparent may now be eligible. Given the historical ties between the two countries, there is a large number of individuals who could be affected.
  • For Citizens of Australia and Elsewhere: The new law applies globally. If you have a Canadian parent or grandparent, it is worth investigating your eligibility, regardless of where you live.

Frequently Asked Questions

1. I was born abroad to a Canadian parent who was also born abroad. Am I a citizen?

As of May 2024, yes. The second-generation cut-off has been eliminated, and you are now eligible for citizenship by descent.

2. My application was rejected before. Should I re-apply?

Yes. If your application was rejected because of the second-generation cut-off rule, you should re-apply under the new legislation.

3. What if my Canadian parent is deceased?

You can still apply for a proof of citizenship certificate, provided you can provide the necessary documentation to prove your parent’s citizenship.

4. Do I need a lawyer to apply?

For straightforward cases of citizenship by descent, you can likely complete the application on your own. However, for more complex cases, such as those involving a grant of citizenship based on a “substantial connection,” it is advisable to seek legal advice.

5. How long will the application process take?

Processing times vary, but you can check the IRCC website for the most up-to-date information.

These historic changes to the *Citizenship Act* represent a long-overdue victory for “Lost Canadians” and their families. By removing discriminatory barriers and recognizing the rights of all citizens, Canada has reaffirmed its commitment to being a welcoming and inclusive nation.

To find out if you are eligible for Canadian citizenship, take our two-minute quiz at /quiz.

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.