Courts unlikely to provide fifth extension to Ottawa to address Lost Canadians before November, says immigration lawyer

Extension unlikely to be needed as adequate time in fall session. Government should improve C-3 by adding a time limit of five-years to meet the 1,095 day physical presence requirement, not the current open ended provision (the Don Chapman specific airline pilot example in contrast to the vast majority of likely applicants):

Parliament needs to “just get on with it” and address the issue of “lost Canadians” through amendments to the Canada Citizenship Act, according to Jenny Kwan, NDP critic of citizenship and immigration.

She told The Hill Times that she wonders if a judge would have the patience to grant the federal government a fifth extension on a court order requiring action before the current November deadline.

“This is astounding. What the current situation is right now is that Canada’s Citizenship Act,
with respect to lost Canadians, is in violation of the Charter [of Rights and Freedoms], and [Bill
C-3] will make it Charter-compliant,” said Kwan (VancouverEast, B.C.).

“I don’t know how much patience [the judge] will have to continue to see delays in the
passage of the bill to make it Charter-compliant.”

Immigration Minister Lena Metlege Diab (Halifax West, N.S.) tabled Bill C-3, an Act to amend the Citizenship Act (2025), in the House on June 5. The House rose for the summer on June 20, pausing the bill’s progress until Sept. 15, when the next parliamentary sitting begins.

If passed, the bill would reverse a change to the Citizenship Act made by then-Conservative prime minister Stephen Harper in 2009 that introduced a “first-generation limit” when it came to citizenship status. Since that 2009 amendment, a Canadian citizen who was born outside of Canada cannot pass citizenship status on to their child if that child was also born or adopted outside the country.

The Ontario Superior Court of Justice declared in December 2023, that the first-generation limit was unconstitutional on the grounds that it unjustifiably limited mobility and equality rights under the Charter of Rights and Freedoms. At that time, the Court gave the federal government a deadline of six months to fix the law through legislation. This deadline was later extended on four occasions, with the current deadline set as Nov. 20, 2025.

Kwan described Bill C-3 as “a significant piece of legislation that needs to be done,” in an interview with The Hill Times. The bill is nearly identical to the former Bill C-71, which was introduced in May 2024, but died on the order paper when Parliament was prorogued on Jan. 6, 2025.

Kwan argued that a Conservative filibuster in the fall sitting that delayed progress in the House contributed to death of Bill C-71. “Basically, nothing got through, and [Bill C-71] also died on the order paper. So, in this round, it will depend on whether or not the Conservatives will continue to play political games ahead of lost Canadians,” said Kwan.

The Hill Times reached out to Conservative MPs including citizenship and immigration critic
Michelle Rempel Garner (Calgary Nose Hill, Alta.) and Brad Redekopp (Saskatoon West, Sask.), a member of the House citizenship committee, but did not receive a response by deadline.

Bill C-3 would amend the Citizenship Act to automatically grant Canadian citizenship to anyone who would be a citizen today were it not for the first-generation limit. The bill would also introduce a “substantial connection test” for Canadian citizens born outside of Canada who wish to pass on citizenship to their children born abroad. Going forward, the bill would allow access to citizenship beyond the first generation, so long as the parent has spent at least 1,095 cumulative—not necessarily consecutive—days in Canada prior to the birth of their child.

Redekopp told the House on June 19 that Conservatives have significant issues with Bill C-3, and criticized the substantial connection test of 1,095 non-consecutive days as “not substantial at all.”

“It is a very weak way to commit to being a Canadian citizen and then to confer that citizenship onto children. It is not a real test of commitment because the days do not have to be consecutive,” Redekopp told the House. “Also, people need to understand the current situation in our country. They need to live here to understand how things are and some of the issues we have right now in our country … People do not know that if they are living in another country.”

Kwan argued that objections to the non-consecutive 1,095-day minimum don’t make sense.

“Take, for example, a person who’s a pilot, right? You travel all the time. You could be a seond-generation born and you’re a pilot. You fly out of Canada regularly as a pilot, and then that means you’re leaving Canada all the time. So, does that mean to say that they can never get a Canadian citizenship? That doesn’t make any sense at all,” she said.

“You have to recognize the fact that we live in a global society now. Canada is a global country, and people move. You have to make sure that is addressed in such a way that fits the times of today.”…

Source: Courts unlikely to provide fifth extension to Ottawa to address Lost Canadians before November, says immigration lawyer