The Senate approved the “Lost Canadians” legislation, designed to address Canada’s unconstitutional citizenship by descent regulations, on Wednesday, with royal assent granted the following day. The term “Lost Canadians” pertains to individuals born outside Canada to Canadian parents who were also foreign-born.
In 2009, the government altered the law, restricting the transmission of citizenship for Canadians born abroad to cases where their child was born in Canada. However, this provision was ruled unconstitutional by the Ontario Superior Court in December 2023. The new legislation proposes that Canadian citizenship can be passed down to individuals born abroad, extending beyond the first generation, if the parents spent a total of three years in Canada before the child’s birth or adoption.
Senator David Arnot from Saskatchewan raised concerns about the bill’s application of a “substantial connection” test to “intercountry adoptees,” referring to children adopted from overseas by Canadian parents. Arnot emphasized the need for equal treatment of intercountry adoptees and domestic adoptees under the law, citing the requirements and processes these children undergo prior to adoption in Canada.
Although no amendments were made to the legislation due to a court-imposed deadline, Senator Arnot urged the immigration minister to consider future changes. Immigration lawyers Sujit Choudhry and Maureen Silcoff are exploring a potential Charter challenge on behalf of intercountry adoptees, arguing against differential treatment between internationally adopted children and domestically adopted ones in terms of citizenship rights.
Choudhry highlighted the disparities faced by internationally adopted children in meeting citizenship criteria compared to domestically adopted individuals, emphasizing the need for a legislative resolution to prevent discrimination and uphold Canada’s international obligations. Despite attempts by various MPs to introduce amendments clarifying adoption rules, the bill proceeded without such changes after deliberations in both the House of Commons and the Senate.