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NEW: Children of Canadian citizens born abroad are Canadian citizens (generational limit unconstitutional, Ottawa not appealing)

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Court ruling on 'lost Canadians': Feds won't appeal | CTV News
The federal government has announced it won't be challenging a court ruling that struck down a portion of the Citizenship Act which blocked children born abroad to Canadian parents from obtaining Canadian citizenship beyond the first generation.

The "first generation limit" had meant that foreign-born children of Canadian parents who were also born aboard would not be eligible to automatically obtain Canadian citizenship by birthright. Critics had long argued that this limit created two classes of Canadian citizenship, and on Dec. 19, 2023, the Ontario Superior Court of Justice agreed, declaring it unconstitutional.

"This law, as it currently stands, has had unacceptable consequences for Canadians whose children were born outside the country. For this reason, we will not appeal the ruling," Immigration Minister Marc Miller said in a news release on Monday.




The Harper government said in 2007 establishing a first generation limit would "protect the value of Canadian citizenship by ensuring that our citizens have a real connection to this country."

However, in her ruling released last month, Justice Jasmine Akbarali ruled that this limit violated the sections of the Charter of Rights and Freedoms that pertain to mobility rights and equality rights.



The court ruling gave the federal government six months to repeal the cutoff and amend the Citizenship Act, but there's already a bill making its way through Parliament to do exactly that


See more: https://www.ctvnews.ca/politics/ottawa-won-t-appeal-court-ruling-striking-down-limit-on-passing-citizenship-to-children-born-abroad-1.6737704
 
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