Mr. Speaker, now that we have clearly identified that the audio is working in both languages, I appreciate this historic opportunity to stand today and really make right what is a wrong.
I will continue by saying that this bill was already introduced in the last Parliament but did not go through all the stages. The previous government put in place interim measures to allow lost Canadians affected by the first-generation rule limit to be offered a discretionary grant of citizenship until corrective legislation was passed.
The bill I am introducing today is substantively the same as Bill C-71 to ensure continuity. I look forward to hearing from my colleagues in the House and in committee as we resume our work.
As my colleagues may already be aware, there are three ways to become a Canadian citizen: by being born in Canada, by going through the naturalization process after immigrating from another country or by passing it on to one's children. Each of these ways of becoming Canadian has its own story.
Regardless of a person's path to citizenship, we all share a common bond: our commitment to the rights, responsibilities and shared values that define life in Canada. We live in a country that supports human rights, equality and respect for all people. The integrity of our values depends on how we extend them, especially in areas like citizenship by descent, where issues persist for some families due to decisions made decades ago.
Canada's history has been shaped by generations of people who chose to pursue their dreams and raise their families here, including many who, like my own family in Nova Scotia and many who arrived through Pier 21 in Halifax, arrived from abroad seeking opportunity and built a new life through hard work and perseverance.
To understand the challenge we face, it is important to take a moment to review the history of Canadian citizenship law.
The first Canadian Citizenship Act was enacted in 1947. At that time, certain provisions existed that could prevent individuals from obtaining citizenship or cause them to lose it even if they had strong ties to Canada. These outdated provisions have gradually been amended or repealed over time, most notably with the introduction of a new Citizenship Act in 1977.
The individuals affected by these provisions have come to be known as “lost Canadians”. Amendments made to the Citizenship Act in 2009 and 2015 resolved the majority of these older cases. Since 2009, approximately 20,000 people have contacted our department and received a certificate of Canadian citizenship thanks to those amendments.
Over the decades, changes to citizenship laws have meant that Canadians could pass citizenship on to their children and grandchildren born abroad, but only if certain conditions were met. After the new Citizenship Act came into force in 1977, children born outside Canada to a Canadian parent who was also born abroad had to make a formal application before the age of 28 to retain their citizenship. If they did not apply or if their application was refused, they lost it.
Some people were unaware of this requirement. Some made their lives in Canada without realizing that they risked becoming a new group of lost Canadians. My department previously received about 35 to 40 applications each year to remedy the status of people affected by this former rule. These numbers have been decreasing in recent years.
However, the 2009 legislative update that addressed most of the lost Canadian cases also introduced a new rule. Citizenship by descent was restricted to only the first generation of children born outside Canada, meaning that children born to Canadian citizens who were themselves born abroad would no longer automatically be citizens. This first-generation limit has since been challenged in court, which is why I am here today.
In December 2023, the Ontario Superior Court of Justice ruled that key provisions of the first-generation rule were unconstitutional. Its decision reminds us that all Canadian families must be treated fairly, no matter where their children are born, and that Canadians with a genuine connection to Canada should have the freedom to move abroad, start a family and then return without losing their right to pass on their Canadian identity and citizenship. The decision of the Ontario Superior Court of Justice reflects what many advocates have been saying for a long time: that some people are unacceptably excluded from citizenship by outdated or overly restrictive definitions. We need to approach this issue in a thoughtful and inclusive way.
There remains a very small, specific group of Canadians still affected by the old 28-year age requirement: those born outside Canada in the second or subsequent generation between 1977 and 1981 who had reached the age of 28 and lost their citizenship before the 2009 amendment came into force.
Challenges faced by lost Canadians have been thoughtfully raised in this House and other places. For example, back in 2022, Senator Yonah Martin introduced a Senate public bill, Bill S-245, to address the age 28 issue. Her work was supported by those personally affected by the bill, by legal scholars and by policy-makers across the political spectrum. Bill S-245 was then amended by the Standing Committee on Citizenship and Immigration to provide access to citizenship by descent beyond the first generation for those who can demonstrate a substantial connection to Canada.
This is where our new bill, Bill C-3, picks up. It retains many elements of the committee's suggested improvements and reflects the input of experts and community voices.
I want to thank the many advocates who testified and gave their time and attention to help us update our citizenship law.
Bill C-3 proposes to restore Canadian citizenship to those who have lost it because of the now repealed age 28 rule. It would give Canadian citizenship to those born outside Canada to a Canadian parent in the second or subsequent generation before the new law comes into force. It would allow anyone adopted abroad by a Canadian parent, beyond the first generation, before this new law comes into force, to access the direct granting of citizenship for adopted persons.
Going forward, the bill would permit access to citizenship beyond the first generation, as long as the Canadian parent demonstrates a substantial connection to Canada. That substantial connection will be measured by physical presence in Canada. In order to pass down their Canadian citizenship, the Canadian parent must have spent three years in total in this country, or 1,095 days cumulatively, but not necessarily consecutively, before the birth of their child.
Bill C-3 would also allow Canadian adoptive parents born outside Canada to access a grant of citizenship for their children adopted abroad if they meet the same substantial connection criteria. If the adoptive parent was physically present in Canada for three years in total prior to the adoption, their child can access the adoption grant of citizenship. Of course, they would have to apply as well.
We recognize that citizenship cannot and should not be imposed on people who do not wish to hold it, so these choices must remain accessible, humane and free of bureaucratic burden, especially for those navigating complex international legal systems. In many countries, dual citizenship is not permitted in certain jobs, including government, military and national security positions. In some countries, having citizenship in another country can present legal, professional or other barriers, including restricting access to benefits. That is why the bill would also provide access to the same simplified renunciation process as the one established in 2009.
If this bill is adopted, we are committed to fully implementing the proposed amendments without delay. This legislative update is not only necessary, it is urgent. It is urgent because families have waited far too long to be recognized as Canadians under the law. They waited while the courts deliberated. They waited while governments debated. Today, let us end their wait.
As we respond to the ruling that the provision is unconstitutional and to decades of heartfelt calls for justice, we have an opportunity to reaffirm that Canadian citizenship is not only a legal status but a living expression of our shared values. I invite all members of the House to move the legislation forward, and I welcome constructive dialogue on any refinements that are needed, both here in the House and as we advance to the committee stage.
I very much look forward to working across party lines to see the bill enacted as speedily as possible. As I said, many people have been waiting. Together we can ensure that the Citizenship Act reflects the spirit of Canadian identity.
