August 27, 2024
Ottawa Receives New Extension to Amend Unconstitutional ‘Lost Canadians’ Law
The federal government has been given until 19 December 2024, to amend the unconstitutional sections of the Citizenship Act, following the ruling in Bjorkquist et al. v. Attorney General of Canada, which deemed the first-generation limit on Canadian citizenship by descent unconstitutional. The government introduced Bill C-71: An Act to amend the Citizenship Act (2024) on 23 May 2024. This bill proposes new legislation which would extend citizenship by descent beyond the first generation for those with a “substantial connection” to Canada, defined as living in Canada for at least 1,095 days. Through this test, it aims to eliminate the first-generation restriction and allow those previously excluded by the second-generation cut-off rule to obtain citizenship.
The court initially set a six-month deadline to make amendments to the Citizenship Act. When Bill C-71 failed to pass before the House of Commons’ summer adjournment, the government received an extension to 9 August 2024. By 1 August 2024, the government needed to justify another extension to 19 December 2024, and address the hardships faced by parents under the current law and the challenges of those facing statelessness.
Until the new rules are implemented, lost Canadians can only reclaim their citizenship in emergencies, with the Immigration Minister retaining discretion to grant citizenship on a case-by-case basis.
Alexandra Goncharova
Alexandra Goncharova earned a Juris Doctor from Osgoode Hall Law School (Toronto) following an undergraduate degree in criminology at York University. Prior to joining Bellissimo Law Group PC, Alexandra worked for a number of years in the practice of immigration law with a focus on immigration inadmissibility and appeals. Alexandra also gained valuable experience and understanding of refugee law during her placement at the Refugee Law Office as a law student. She has extensive experience in immigration, citizenship and refugee applications and appeals and has volunteered for various community organizations. Alexandra is bilingual in English and Russian. At Bellissimo Law Group PC she works as a member of the Immigration Inadmissibility Team and is a passionate and tireless advocate for her clients.