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Bill C-24 Citizenship by Birth

abmills

Newbie
Mar 21, 2015
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Hi, good day all. :) We're non-residents who just gave birth here in Canada, therefore our child is a Canadian citizen by birth, who also has the possibility of dual citizenship. Will our child be affected by Bill C-24 and have the high risk losing her Canadian citizenship even though she is born here?

Will the Bill exempts the citizens who acquired their Canadian birthright citizenship prior to the Bill's effectivity date?

Your reply is highly appreciated, and thank you for your time.
 

CanadianCountry

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Bill C24 retroactively applies to all citizens. So your child might get affected be at the risk of losing citizenship, IF she falls under revocation provisions. In short any anti-Canadian activity would be cause for revocation.

abmills said:
Hi, good day all. :) We're non-residents who just gave birth here in Canada, therefore our child is a Canadian citizen by birth, who also has the possibility of dual citizenship. Will our child be affected by Bill C-24 and have the high risk losing her Canadian citizenship even though she is born here?

Will the Bill exempts the citizens who acquired their Canadian birthright citizenship prior to the Bill's effectivity date?

Your reply is highly appreciated, and thank you for your time.
 

abmills

Newbie
Mar 21, 2015
6
1
Appreciate the prompt reply CanadianCountry, thanks.

a few questions,

- Retroactively applies, meaning is it that the Bill will affect all citizens PRIOR and after it has been officially implemented? Is my understanding correct?

- Revocation Provisions, for this case, such as?

- What do you mean by anti-Canadian activity?


CanadianCountry said:
Bill C24 retroactively applies to all citizens. So your child might get affected be at the risk of losing citizenship, IF she falls under revocation provisions. In short any anti-Canadian activity would be cause for revocation.
 

CanadianCountry

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By Retroactively I mean it applies to all current and new Canadians. So it will apply to your child.

Revocation, God forbid, if your daughter is caught up in a some kind of punishable offence for which their is jail time of greater than some defined period, she will be risking to lose Canadian citizenship.

Anti-Canadian activity, one example, like joins ISIS to fight against western nations.


abmills said:
Appreciate the prompt reply CanadianCountry, thanks.

a few questions,

- Retroactively applies, meaning is it that the Bill will affect all citizens PRIOR and after it has been officially implemented? Is my understanding correct?

- Revocation Provisions, for this case, such as?

- What do you mean by anti-Canadian activity?
 

abmills

Newbie
Mar 21, 2015
6
1
Thank you for the clarifications, duly noted. May she grow up to be a model citizen.

What about her being a dual citizen? Say, will her being absent/not in Canada also caused its revocation even if she was born here? Or this issue (dual citizens who's away from Canada) only applies to the Naturalized Canadian who's holding Dual citizenship?

Because from the below quote it says:

Quote+++
The new law divides Canadians into two classes of citizens: first class Canadians who hold no other citizenship, and second class Canadians – dual citizens, who can have their right to live in Canada taken away from them. Even if you are born in Canada, you are at risk of losing citizenship if you have dual citizenship or the possibility of dual citizenship. You may not even know that you possess another citizenship. If you have a spouse, parent, or grandparent who is a citizen of another country, you may have a right to citizenship without ever having applied for it. The proposed law would put you at risk of losing your Canadian citizenship if the Minister asserts that you possess or could obtain another citizenship.
Unquote+++

//Source from Straight[dot]com news if-bill-c-24-passes-canadian-citizenship-will-be-harder-get-and-easier-lose//

CanadianCountry said:
By Retroactively I mean it applies to all current and new Canadians. So it will apply to your child.

Revocation, God forbid, if your daughter is caught up in a some kind of punishable offence for which their is jail time of greater than some defined period, she will be risking to lose Canadian citizenship.

Anti-Canadian activity, one example, like joins ISIS to fight against western nations.
 

torontosm

Champion Member
Apr 3, 2013
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abmills said:
Thank you for the clarifications, duly noted. May she grow up to be a model citizen.

What about her being a dual citizen? Say, will her being absent/not in Canada also caused its revocation even if she was born here? Or this issue (dual citizens who's away from Canada) only applies to the Naturalized Canadian who's holding Dual citizenship?

Because from the below quote it says:

Quote+++
The new law divides Canadians into two classes of citizens: first class Canadians who hold no other citizenship, and second class Canadians – dual citizens, who can have their right to live in Canada taken away from them. Even if you are born in Canada, you are at risk of losing citizenship if you have dual citizenship or the possibility of dual citizenship. You may not even know that you possess another citizenship. If you have a spouse, parent, or grandparent who is a citizen of another country, you may have a right to citizenship without ever having applied for it. The proposed law would put you at risk of losing your Canadian citizenship if the Minister asserts that you possess or could obtain another citizenship.
Unquote+++

//Source from Straight[dot]com news if-bill-c-24-passes-canadian-citizenship-will-be-harder-get-and-easier-lose//
That quote is merely fear-mongering to promote someones personal agenda. The only way that your child could lose her citizenship under C-24 is if she was convicted of any sort of terrorist activities that were against Canada. That's it. And even that unlikely situation could be eliminated if your child renounced her other citizenship, at which point her Canadian citizenship could never be stripped.
 

screech339

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abmills said:
Hi, good day all. :) We're non-residents who just gave birth here in Canada, therefore our child is a Canadian citizen by birth, who also has the possibility of dual citizenship. Will our child be affected by Bill C-24 and have the high risk losing her Canadian citizenship even though she is born here?

Will the Bill exempts the citizens who acquired their Canadian birthright citizenship prior to the Bill's effectivity date?

Your reply is highly appreciated, and thank you for your time.
The bill C-24 affect every dual citizen, including those born in Canada. However the dual citizen would only lose the Canadian citizenship if the dual citizenship is CONVICTED of TERRORISM first. If the dual citizen effectively officially renounced all other citizenship and become single Canadian citizen, then the citizenship will not be stripped, even if convicted of terrorism, since the citizen cannot become stateless.
 

dpenabill

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Apr 2, 2010
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abmills said:
Thank you for the clarifications, duly noted. May she grow up to be a model citizen.

What about her being a dual citizen? Say, will her being absent/not in Canada also caused its revocation even if she was born here? Or this issue (dual citizens who's away from Canada) only applies to the Naturalized Canadian who's holding Dual citizenship?

Because from the below quote it says:

Quote+++
The new law divides Canadians into two classes of citizens: first class Canadians who hold no other citizenship, and second class Canadians – dual citizens, who can have their right to live in Canada taken away from them. Even if you are born in Canada, you are at risk of losing citizenship if you have dual citizenship or the possibility of dual citizenship. You may not even know that you possess another citizenship. If you have a spouse, parent, or grandparent who is a citizen of another country, you may have a right to citizenship without ever having applied for it. The proposed law would put you at risk of losing your Canadian citizenship if the Minister asserts that you possess or could obtain another citizenship.
Unquote+++

//Source from Straight[dot]com news if-bill-c-24-passes-canadian-citizenship-will-be-harder-get-and-easier-lose//
I am largely in agreement with more recent posts. In particular, the so-called risk of losing citizenship is greatly over-exaggerated.

There are no grounds for revoking citizenship based on general criminality regardless of the severity of the crime or the length of a sentence imposed.

The new law, when it comes into effect, adds grounds for revocation based on criminal convictions for serious terrorism or treason.

I am posting this because it warrants emphasizing the extent to which, as has been noted already, that there are voices or sources who at the very least grossly exaggerate the so-called creation of two classes of citizenship by the SCCA.

I would note that while torontosm describes it as "fear-mongering," and in many contexts that is a fair description, there are a lot of people and sources repeating the exaggerated risks who are merely passing along what they have picked up, some of it from legitimate and what should be better researched sources, and not just the media . . . for example, to its discredit, even the Canadian Bar Association contributed to much misunderstanding in this respect a year ago in its submission to Parliament regarding Bill C-24 . . . so it has been difficult for more reasoned individuals to put some of the changes into context. This is not to say that the SCCA does not treat some citizens differently than others. It does. Dual citizens in particular. But the law if rife with distinctions and legitimate bases for discrimination, and that does not amount to creating different classes of citizenship.

And as is implicit in the post by screech339, the distinction of dual citizenship is mandated since Canada is bound by treaty and international law to not create statelessness, so its recourse against citizens who do not have citizenship or a right to citizenship in another country is restricted.

Moreover, it is difficult except where it is clear and essentially already established as of record in the judicial process leading to the necessary conviction, which is a prerequisite to revocation for terrorism or treason, to see the path the government can reasonably take to make a sufficient showing that a person has citizenship in another country. It is easy to foresee this as an almost never utilized provision of law, and even if utilized, then only in the most clear cut cases.
 

abmills

Newbie
Mar 21, 2015
6
1
Thank you for the replies torontosm, screech339, dpenabill. A very insightful and senseful pieces of feedback from all, point duly noted.
 

torontosm

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Apr 3, 2013
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dpenabill said:
I am largely in agreement with more recent posts. In particular, the so-called risk of losing citizenship is greatly over-exaggerated.

There are no grounds for revoking citizenship based on general criminality regardless of the severity of the crime or the length of a sentence imposed.

The new law, when it comes into effect, adds grounds for revocation based on criminal convictions for serious terrorism or treason.

I am posting this because it warrants emphasizing the extent to which, as has been noted already, that there are voices or sources who at the very least grossly exaggerate the so-called creation of two classes of citizenship by the SCCA.

I would note that while torontosm describes it as "fear-mongering," and in many contexts that is a fair description, there are a lot of people and sources repeating the exaggerated risks who are merely passing along what they have picked up, some of it from legitimate and what should be better researched sources, and not just the media . . . for example, to its discredit, even the Canadian Bar Association contributed to much misunderstanding in this respect a year ago in its submission to Parliament regarding Bill C-24 . . . so it has been difficult for more reasoned individuals to put some of the changes into context. This is not to say that the SCCA does not treat some citizens differently than others. It does. Dual citizens in particular. But the law if rife with distinctions and legitimate bases for discrimination, and that does not amount to creating different classes of citizenship.

And as is implicit in the post by screech339, the distinction of dual citizenship is mandated since Canada is bound by treaty and international law to not create statelessness, so its recourse against citizens who do not have citizenship or a right to citizenship in another country is restricted.

Moreover, it is difficult except where it is clear and essentially already established as of record in the judicial process leading to the necessary conviction, which is a prerequisite to revocation for terrorism or treason, to see the path the government can reasonably take to make a sufficient showing that a person has citizenship in another country. It is easy to foresee this as an almost never utilized provision of law, and even if utilized, then only in the most clear cut cases.
I really do enjoy reading your answers, as they are extremely informative and well composed!
 

abmills

Newbie
Mar 21, 2015
6
1
Duly understand that Criminal offense is a major subject ground to revoke one's citizenship.

How about long term absence in Canada, will this be a ground to revoke one's citizenship under the new Bill? (to Canadian-born citizen who holds or possibly hold dual citizenship)


torontosm said:
I really do enjoy reading your answers, as they are extremely informative and well composed!
..Indeed. :)
 

dpenabill

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Apr 2, 2010
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abmills said:
Duly understand that Criminal offense is a major subject ground to revoke one's citizenship.
To be clear: general criminal offenses, no matter how severe, are NOT grounds for revoking citizenship. Only very specific terrorism or treason, and only if there is a conviction (which requires proof beyond a reasonable doubt), will be the additional grounds for revoking citizenship under the changes adopted in the SCCA.

abmills said:
How about long term absence in Canada, will this also be a ground to revoke one's citizenship under the new Bill? (to Canadian-born who holds or possibly hold dual citizenship)
Once a person is a citizen, whether by birth or naturalized, the Charter protects their mobility rights, including the right to go abroad.

Thus, a citizen's absence from Canada, no matter for how long, is not a ground for revoking citizenship now or under the revised provisions as prescribed in the SCCA.

Dual citizenship is irrelevant, since no citizen (dual or otherwise) is at risk for having citizenship revoked because they live outside Canada (again, no matter for how long that is).
 

abmills

Newbie
Mar 21, 2015
6
1
Thanks for the reply and clarification dpenabill, well noted.


dpenabill said:
To be clear: general criminal offenses, no matter how severe, are NOT grounds for revoking citizenship. Only very specific terrorism or treason, and only if there is a conviction (which requires proof beyond a reasonable doubt), will be the additional grounds for revoking citizenship under the changes adopted in the SCCA.

Once a person is a citizen, whether by birth or naturalized, the Charter protects their mobility rights, including the right to go abroad.

Thus, a citizen's absence from Canada, no matter for how long, is not a ground for revoking citizenship now or under the revised provisions as prescribed in the SCCA.

Dual citizenship is irrelevant, since no citizen (dual or otherwise) is at risk for having citizenship revoked because they live outside Canada (again, no matter for how long that is).
 

richmondhill

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hi hello,

this forum was very informative. it helps me a lot to understand this new bill.

now if someone could help me about some questions about this bill c-24?

* if my understanding is right bill C-24 or birthright is not yet implemented? right?

the reason why i ask about this is because i am currently pregnant and i am here as a temporary foreign worker since 2010. i also i apply for Permanent Resident on 2012 and until now i am still waiting for the result. i am so worried.

as a mother i dont want my baby to grow up without me, if ever she / he will not be given a citizen here i am force to bring her / him back to my origin and i need to come back to work to support her / him.

i know that i am not the only one who is being away from their children, but in my experience its really hard to grew up without a parents beside you. Until now i feel the emptiness and still missing my father i didnt had a chance to be with my father until he died. and i am old enough but still thinking how it feels like to have a mother looking after you.

i know its not relevant but i am just sharing.

i appreciate all the info that i could get.

thank you so much.
 

PMM

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Jun 30, 2005
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Hi


richmondhill said:
hi hello,

this forum was very informative. it helps me a lot to understand this new bill.

now if someone could help me about some questions about this bill c-24?

* if my understanding is right bill C-24 or birthright is not yet implemented? right?

the reason why i ask about this is because i am currently pregnant and i am here as a temporary foreign worker since 2010. i also i apply for Permanent Resident on 2012 and until now i am still waiting for the result. i am so worried.

as a mother i dont want my baby to grow up without me, if ever she / he will not be given a citizen here i am force to bring her / him back to my origin and i need to come back to work to support her / him.

i know that i am not the only one who is being away from their children, but in my experience its really hard to grew up without a parents beside you. Until now i feel the emptiness and still missing my father i didnt had a chance to be with my father until he died. and i am old enough but still thinking how it feels like to have a mother looking after you.

i know its not relevant but i am just sharing.

i appreciate all the info that i could get.

thank you so much.
1. C-24 or the SCCA will have no effect on birth in Canada. As long as neither parent is a diplomat, then a child born in Canada is a Canadian citizen.