(Ottawa) A new bill tabled by the government Thursday in the Commons would allow Canadians to pass on their citizenship rights to their children born outside the country – a measure that would add an unspecified number of new Canadian citizens.
In 2009, Stephen Harper’s Conservative government changed the law so that Canadian parents born abroad could not pass on their citizenship unless their child was born in Canada. Those who did not have access to citizenship rights as a result of these changes are known as “lost Canadians.”
However, the Ontario Superior Court ruled last year that the current system violated the Canadian Charter of Rights and Freedoms by creating two categories of Canadians. The judge gave Ottawa six months, until June 19, to resolve the problem by amending the Citizenship Act.
The bill tabled Thursday aims to reverse the 2009 change and expand citizenship by descent beyond the first generation born outside of Canada. The bill would automatically grant citizenship rights to children born since 2009 and affected by the Conservative changes.
It would also create a new test for children born after the reform took effect. “Upon implementation, the bill will establish a new way of confirming citizenship by replacing the first generation limit with the assessment of clear ties to our country,” Immigration Minister Marc said on Thursday. Miller, in the House foyer after introducing the bill.
Parents born outside of Canada will need to have spent at least three years in Canada before the birth or adoption of their child to pass on their Canadian citizenship.
“Stateless” children
The government has no idea how many people will automatically gain citizenship if this law is passed.
“We are a country that supports human rights, equality and respect for all,” said Minister Miller. There is no doubt that Canadian citizenship is highly valued and recognized around the world. We want a fair, accessible citizenship with clear and transparent rules. »
The consequences of the change made by the Conservatives in 2009 were extremely significant for families, argued NDP immigration critic Jenny Kwan. The MP also participated in the drafting of the bill alongside the Liberals.
“I have spoken to family members who have been separated from their loved ones because of this unfair law passed by the Conservatives 15 years ago,” she said. “I have spoken to family members whose children are considered stateless, lost in the system, because of this unfair, punitive and unconstitutional law introduced by the Conservatives. »
The Minister of Immigration also denounced the fact that Conservatives have “suppressed the rights of Canadians and what is most important to them, namely their citizenship”.
The government may have to ask the court for a delay while the bill makes its way through the Commons, admitted Minister Miller, who however assures that he wants to act quickly to resolve this problem, because in the meantime, he said , people are being harmed.
MP Tom Kmiec, the Conservative Party’s critic for immigration, refugees and citizenship, said Canada’s immigration system is “falling apart.”
“Conservatives, who demonstrate common sense, will repair our immigration system that the Liberals broke,” we read in the press release. Justin Trudeau and his NDP partners control the majority of seats in Parliament and have the power to block or pass whatever they want. »