Lost Canadians: Extension Granted Update
In a significant development for "Lost Canadians"—individuals born abroad to Canadian parents who were also born outside Canada—Justice Jasmine Akbarali of the Ontario Superior Court of Justice issued an endorsement on April 24, 2025, granting the federal government additional time to address unconstitutional provisions in the Citizenship Act. These provisions, part of the "second-generation cut-off" rule, prevent Canadians born abroad from automatically passing citizenship to their children born outside Canada, creating a "lesser class of citizenship" that violates the Canadian Charter of Rights and Freedoms.
The government, facing delays in passing remedial legislation (Bill C-71), requested a one-year extension to the deadline for amending the law. However, Justice Akbarali, citing concerns about prolonged delays and the ongoing federal election, granted a shorter extension until November 20, 2025. This marks the fourth extension since the court's December 2023 ruling, which declared the law unconstitutional. If the government fails to enact new, Charter-compliant legislation by this date, the existing provisions will be deemed invalid, potentially creating a "legislative gap" with unpredictable consequences.
Interim measures announced by Immigration Minister Marc Miller on March 13, 2025, allow discretionary citizenship grants under section 5(4) for urgent cases, such as those involving potential harm, family reunification, or access to social benefits. However, these measures are not guaranteed for all applicants, leaving many "Lost Canadians" in limbo.
This extension underscores the urgency of resolving a constitutional violation affecting an estimated 1.48 million Canadians, including 170,000 women of childbearing age, whose children risk statelessness. As the November deadline approaches, advocates like lawyer Sujit Choudhry continue to push for swift legislative action to restore equal citizenship rights.
For those affected, consulting immigration experts may provide clarity on navigating these interim measures. Stay tuned for further updates as the government works toward a permanent solution.
