Bill C-10, as originally introduced in Parliament, would allow any person to sue who can demonstrate a real and substantial connection between their action and Canada in a Canadian court. In Canada, the meaning of “real and substantial connection” has been established by the Supreme Court of Canada, which identified eight factors to be considered when determining whether a court could be seized of a case that happened in another jurisdiction.
According to these eight factors, Canadian citizenship or permanent residency would not necessarily be enough to automatically establish a real and substantial connection between the cause of action and Canada. The proposed amendment would establish that Canadian citizenship or permanent residency of the plaintiff would be sufficient for a court to hear the case.