Court deadline for new citizenship law looms next week

OTTAWA - The Canadian federal government faces imminent deadlines to amend the Citizenship Act following a court order last year, with just a week remaining for legislative changes.

According to the Immigration Department, the Ontario Superior Court has not indicated any intention to extend the approaching deadline. Attempts by the NDP to expedite the passage of legislation through the House of Commons have been unsuccessful.

If the Liberal government's bill fails to pass before next week's deadline, Immigration Minister Marc Miller expressed concerns about the implications. "If it doesn't go through, we're in a precarious situation. It would mean individual citizenship decisions would fall to my discretion. Clearly, this shouldn't be the role of a minister," Miller stated.

Last year, a court ruling highlighted disparities in citizenship rights between Canadians born abroad and those born in Canada, setting a deadline of June 19 for corrective action.

Minister Miller introduced a bill on May 23 aimed at enabling Canadians born abroad to transmit citizenship to their children. The government subsequently requested an extension to meet the court's deadline.

Efforts by NDP immigration critic Jenny Kwan to expedite legislative proceedings faced opposition from the Conservatives in the form of votes against unanimous consent requests.

"We're running out of time and must advance this legislation," Kwan emphasized during a press briefing.

In 2009, under former Conservative Prime Minister Stephen Harper's administration, amendments to the Citizenship Act restricted the ability of Canadian parents abroad to pass citizenship to their children unless the child was born in Canada. This group affected by the amendments is commonly referred to as "Lost Canadians."

Kwan noted that the House of Commons immigration committee had previously examined the issue when reviewing a Senate public bill proposed by Conservative Senator Yonah Martin last year.

"We dedicated over 30 hours at committee discussing Bill S-245," Kwan noted.

The Senate bill underwent substantial revisions by Kwan and Liberal committee members to expand citizenship entitlements to a broader group. However, the Conservatives raised objections to the extent of the amendments and did not reintroduce it for third reading in the House.

The new government bill closely mirrors the revised Senate proposal and extends citizenship by descent beyond the first generation born outside Canada.

If passed, the legislation would automatically grant citizenship rights to children affected by the Conservative amendments since 2009. It also introduces a new framework for children born after the bill's enactment.

The exact number of individuals who would qualify for automatic citizenship under the proposed legislation remains uncertain.

The bill is currently at an early stage of the legislative process, and with MPs expected to adjourn for the summer break at the end of next week, time is of the essence.