Federal Government Faces Renewed Pressure to Amend Citizenship Act Following Court's Extended Deadline
The federal government of Canada is under increasing pressure to amend the Citizenship Act after the Ontario Superior Court of Justice granted a fourth extension, moving the deadline to November 20, 2025. This extension pertains to the controversial first-generation limit (FGL) on citizenship by descent, which the court previously ruled unconstitutional. The outcome could significantly impact families navigating Canada immigration pathways.
Background on the First-Generation Limit
Introduced in 2009, the FGL restricts Canadian citizenship by descent to the first generation born abroad. This means that children born outside Canada to Canadian parents who themselves were also born abroad are not automatically granted Canadian citizenship. The policy was initially implemented due to concerns over the costs associated with evacuating dual nationals during international crises, such as the 2006 Lebanon conflict.
The FGL has become a focal point in discussions surrounding immigration Canada policies, particularly where families hold a Canada PR (permanent residency) and later gain citizenship, only to face barriers when passing citizenship on to their children born abroad.
In December 2023, the Ontario Superior Court declared the FGL unconstitutional, citing violations of the Canadian Charter of Rights and Freedoms. The court gave the federal government six months to amend the legislation. However, political delays—including the proroguing of Parliament in January 2025—have hindered progress.
Legislative Efforts and Interim Measures
In response to the ruling, the government introduced Bill C-71 in May 2024. The bill proposed allowing Canadian parents born abroad to pass citizenship to their children if they had a “substantial connection” to Canada, such as having lived in the country for at least three years before the child's birth or adoption.
Despite this initiative, the bill failed to pass before Parliament was suspended. The issue remains central to discussions around Canada visa and citizenship policies, especially for families navigating complex Canada immigration systems.
To provide temporary relief, interim measures were announced in March 2025. These allow affected individuals to apply for discretionary grants of citizenship. However, these measures do not replace the need for permanent legislative reform, and many continue to face legal uncertainty under current immigration Canada frameworks.
Court's Recent Decision and Implications
On April 22, 2025, Justice Jasmine Akbarali extended the deadline for legislative amendments to November 20, 2025. In her ruling, she acknowledged the harm experienced by individuals affected by the FGL and urged Parliament to fulfill its obligations. She warned that if a solution is not legislated by the new deadline, the court may strike down the unconstitutional provisions entirely, creating ripple effects across the broader Canada immigration system.
This decision holds particular importance for those who gained Canada PR status and later acquired citizenship, only to find their children ineligible due to the outdated FGL restriction. It also highlights the challenges of navigating immigration Canada regulations when legal decisions and political timelines are misaligned.
Political Landscape and Future Outlook
The federal election on April 28, 2025, further complicates the issue. The newly elected government will have about eight months to introduce and pass a new law. The political composition of the new Parliament could greatly influence how quickly and thoroughly changes to the Citizenship Act are enacted.
Advocacy groups representing "Lost Canadians"—individuals denied citizenship due to the FGL—continue to call on Immigration Canada to implement fair and lasting reforms. These groups argue that the current framework contradicts the inclusive values of Canada immigration policy and undermines the rights of citizens living abroad.
As the clock ticks toward November, the federal government's ability to address the court’s concerns and bring clarity to those affected will remain a major test of its commitment to a just and equitable Canada visa and citizenship system.
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