Who counts as Canadian? The Charter case reshaping Canadian citizenship: Randolph Hahn for Inside Policy

Interesting how this view has emerged that this possibility was not raised in any substantive way during the parliamentary and other discussions of C-3 and predecessor bills, with discussion focused on retroactive application to the second generation born abroad, not earlier generations. Examples include Idées | Après la loi C-3, un réveil franco-américain, and the CBC article below this commentary, both with respect to early waves of Quebec emigration to the USA.

As the CBC story makes clear, considerable work is still required to document the family links, which I can appreciate having done some genealogy myself. IRCC may face challenges in verification.

As in all cases of “lost Canadians,” the degree to which individuals will wish to avail themselves of Canadian citizenship will likely be significantly less than the overall number of Canadian expatriates in the second generation and beyond. But given that most descendants of Canadians reside in the USA, there appears to be a Trump push factor.

2027 data will provide an indication:

…Stakeholders in citizenship law are now wondering how the new law will be interpreted and applied. An increasing consensus is emerging that the potential beneficiaries could include anyone who has an ancestor who was born in Canada, no matter how far back – even before 1867. It may be that many people in New England (who have ancestors from the Maritimes) or even Louisiana (who can trace their lineage back to the expulsion of Acadians in the 18th century) may now have claims to Canadian citizenship.

A report by House of Commons Standing Committee on Citizenship and Immigration references a report by the Parliamentary Budget Officer (for Bill C-71). A section titled “Volumes” includes an estimate of people affected by the legislative amendments beginning in 2025–26 but tellingly adds  “… estimates on Canadians living abroad and the projected total number of individuals that would be affected by the Bill are subject to uncertainty.”

Not included in Bill C-3 are any requirements for security checks on those who would claim citizenship under the new rules. Nor are they required to provide police certificates or pass language or knowledge tests. According to the Act, “Canadians who are currently born citizens by descent are not required to undergo security or criminality screenings in order to be or remain citizens.”

Moreover, a committee briefing from the Standing Committee on Citizenship and Immigration notes that most people currently excluded from citizenship because of the first-generation limit were born after 2009, when it came into force. This cohort consists largely of minors aged 16 and under in 2025 and are generally deemed to be lower risk for security or criminality purposes.

In fact, Bill C-3 opens the door to citizenship for many people born before as well as after 2009. Among them are many people who might give rise to security concerns. But since they are now deemed Canadian citizens by law rather than by grant, they do not need to submit to security checks. This raises serious concerns in an increasingly dangerous world.

Equally important is the broader issue of what makes a person Canadian. By opening the citizenship door so widely, it diminishes the importance of an inherited history and a shared stake in the future.

While the government aimed for prospective uniformity, by sidestepping retroactive changes it may have inadvertently bolstered the case that Canada truly is “the first post-national state.”

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Randolph Hahn is a partner with Garson Immigration Law and has practiced exclusively in citizenship and immigration law for many years. He is a former chair of the Citizenship and Immigration Section of the Ontario Bar Association and is the associate editor of the Immigration Law Reporter. He has authored many professional papers.

Source: Who counts as Canadian? The Charter case reshaping Canadian citizenship: Randolph Hahn for Inside Policy

Millions of Americans can now claim Canadian citizenship by descent. But they have to prove it

…In Quebec, official documents dating back to 1621 and up to 100 years ago are kept by the Bibliothèque et Archives nationales du Québec (BAnQ), with more recent records available through the Directeur de l’état civil.

Sarah Hanahem, an archivist with the BAnQ office in Montreal, said while there’s always been an interest from Americans looking into their ancestry, requests for certified copies have exploded.

“In January 2025, we had 32 requests for certified copies of vital records and this year in January 2026, we’ve had over 1,000,” she said, adding most of those requests were made by Americans.

In statements to CBC, other archives across the country, including New Brunswick, British Columbia, Newfoundland and Ontario, have also seen a sizable increase in requests from the same time last year.

Because of the sudden surge in demand, Hanahem warned that international applicants should expect delays. 

The priority, she said, is to fulfil requests by Quebec residents.“BAnQ is a government entity and we are paid with Quebec tax dollars.”

But more than that, Hanahem said the process itself is lengthy and can involve a lot of research. 

There are sometimes discrepancies with the spelling of names, some of which might have changed over time, she said. Other times, critical information like which parish someone was born in, is unknown or key dates are approximate when actual dates are required.

“We have to go back to the original register,” Hanamen said, explaining some of the bound volumes are very old and need to be handled carefully. …

Source: Millions of Americans can now claim Canadian citizenship by descent. But they have to prove it