July 11, 2017 – Concerns that a significant number of ‘lost Canadians’ have been left marooned and unable to attain Canada citizenship are unfounded, according to a federal government document.
A memorandum to Immigration Minister Ahmed Hussen shows just 326 lost Canadian cases have been registered since 2010, out of 384 cases where candidates have received a discretionary grant of Canadian citizenship.
The memo, acquired by iPolitics, defines lost Canadians as “individuals who lost or never acquired their Canadian citizenship due to the provisions and application of previous citizenship acts”.
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The memo says: “There is no evidence of a significant number of outstanding Lost Canadians, and any that do come to the attention of the Department can be dealt with on a case-by-case basis, and may have a strong case for a discretionary grant of citizenship under the Citizenship Act.”
Stephen Harper’s Conservative government made two attempts to close loopholes that meant lost Canadians could not get citizenship.
Bill C-37 in 2009 and Bill C-24 in 2014 were both intended to simplify citizenship rules and give citizenship to lost Canadians. But there are still people who slipped through the net.
Some even say Bill C-37 created new barriers to citizenship by introducing a rule that said children of Canadians born outside the country were ineligible for citizenship.
Bill C-37 also removed a stipulation in the 1977 Citizenship Act that applications had to be submitted before the age of 28.
It is impossible to know how many people are affected, although the memo suggests most cases are related to the application of the first generation rule.
“Lost Canadian stakeholders claim that there continue to be persons who do not have access to Canadian citizenship as a result of provisions in the previous and current Citizenship Act, notwithstanding corrective amendments,” the memo says.
“Most of the issues relate to concerns around the retroactive and current application of the first generation limit to citizenship by descent.”
Liberal Bill C-6
The current Liberal government campaign on repealing many of the changes to the Citizenship Act made by the Conservatives.
After several delays and amendments, Bill C-6 was given Royal Assent on June 19, 2017.
The changes will be phased in with some taking place immediately, others in fall 2017 and the final modifications in early 2018.
The table below outlines when new changes will be made under the Canada Citizenship Act with comparisons to the old law.
Immediate Changes (As of June 19, 2017)
Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
Citizenship could be revoked from dual citizens convicted of treason, spying and terrorism offences, depending on the sentence received, or who were a part of an armed force of a country or organized group engaged in conflict with Canada. | This provision is repealed. Dual citizens living in Canada who are convicted of these crimes will face the Canadian justice system, like other Canadian citizens who break the law. |
Applicants were required to intend to continue to live in Canada if granted citizenship. | This provision is repealed. Applicants are no longer required to intend to continue to live in Canada once granted citizenship. This provides more flexibility to Canadians who may need to live outside of Canada for work or personal reasons. |
The Minister had the discretion to waive certain requirements under subsection 5(1) of the Citizenship Act so a minor could obtain citizenship without a Canadian parent. | Minors can now apply for citizenship without a Canadian parent, as the age requirement for citizenship has been removed under subsection 5(1). A person having custody of the minor or empowered to act on their behalf by court order, written agreement or operation of law, can now apply for citizenship on behalf of the minor, unless that requirement is waived by the Minister. |
No provision existed to prevent individuals serving a sentence in the community (a conditional sentence order) from being granted citizenship, taking the Oath of Citizenship or counting this time towards meeting the physical presence requirements for citizenship. | Individuals serving a conditional sentence will not be granted citizenship, take the Oath of Citizenship, or be able to count this time towards meeting the physical presence requirements for citizenship. |
The Minister has the discretion to grant citizenship to a person to alleviate cases of special and unusual hardship, or to reward services of an exceptional value to Canada. | Statelessness has been added as a stand-alone ground that can be considered for a discretionary grant of citizenship. |
The Department has reasonable measures to accommodate the needs of citizenship applicants. However, there was no explicit reference to accommodate persons with disabilities in the Citizenship Act. | The requirement to take into consideration reasonable measures to accommodate the needs of a citizenship applicant who is a disabled person is now included in the Citizenship Act. |
The requirement for applicants to maintain the requirements for citizenship from the time they apply for citizenship until taking the Oath of Citizenship only applied to applications received on or after June 11, 2015. | This requirement now also applies to all applications, including those received before June 11, 2015. |
Changes to Take Effect Fall 2017
Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
Applicants had to be physically present in Canada for four out of six years before applying for citizenship. | Applicants must be physically present in Canada for three out of five years before applying for citizenship. |
Applicants had to file Canadian income taxes, if required to do so under the Income Tax Act, for four out of six years, matching the physical presence requirement. | Applicants must file Canadian income taxes, if required to do so under the Income Tax Act, for three out of five years, matching the new physical presence requirement. |
Applicants had to be physically present in Canada for 183 days in four out of the six years preceding their application. | This provision is repealed. Applicants no longer have to meet this requirement. |
Time spent in Canada prior to becoming a permanent resident did not count towards the physical presence requirement for citizenship. | Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship, up to a maximum credit of 365 days. |
Applicants between 14 and 64 years had to meet the language and knowledge requirements for citizenship. | Applicants between 18 and 54 years must meet the language and knowledge requirements for citizenship. |
Changes to Take Effect Early 2018
Previous Citizenship Act | Citizenship Act with Bill C-6 Amendments |
The Minister was the decision-maker for most cases of citizenship revocation on the grounds of false representation, fraud, or knowingly concealing material circumstances. The Federal Court was the decision-maker for citizenship revocation cases involving false representation, fraud, or knowingly concealing material circumstances related to security, human or international right violations, and organized criminality. | The Federal Court is the decision-maker in all revocation cases, unless the individual requests that the Minister make the decision. |
There was no clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents provided under the Citizenship Act. | Clear authority for Citizenship Officers to seize fraudulent or suspected fraudulent documents is provided under the Citizenship Act. |
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