Missing ‘lost Canadians’ deadline creates ‘unknowable’ number of new citizens: feds

The federal government is asking an Ontario Superior Court for more time to pass citizenship legislation for the “lost Canadians,” saying that without an extension an “unknowable” number of people would automatically become citizens next week.

The so-called lost Canadians are people who were born outside of the country to Canadian parents who were also born in another country.

In 2009, former Conservative prime minister Stephen Harper’s government changed the law so that people who were born abroad could not pass down their citizenship unless their child was born in Canada.

Last year, the Ontario Superior Court of Justice ruled that the law is unconstitutional.

The Liberals introduced a law to grant citizenship to those lost Canadians, but has asked the court for three extensions to get it passed.

It’s now asking for next week’s deadline to be delayed three months and pushed into next March.

The new legislation stipulates that anyone who meets the criteria would be eligible for citizenship if their parents spent a cumulative three years in Canada before they were born.

In a court filing, the Attorney General’s office argues that if the Harper-era law were to lapse next week, it would create a “legislative gap” where citizenship would be applied inconsistently and result in an unknown number of people becoming Canadian citizens.

The legal team representing seven families of lost Canadians will argue that the government has had more than enough time to pass the legislation with the two previous extensions.

The government wants the deadline extended to March 19, 2025.

Attorney Sujit Choudhry argues that the extension should only be granted to Feb. 3, 2025. He is calling for the court to assess the work that has been done to pass the legislation and decide whether to grant a further extension.

Choudhry argues the government has not taken action sufficient action to pass the bill.

Despite a filibuster over a privilege motion grinding most House of Commons business to a halt, the government has been able to introduce and pass other laws, Choudhry pointed out.

The government’s filing says citizenship legislation is “complex and has far-reaching effects,” so it needs to be carefully reviewed and considered by Parliament.

The bill is currently at second reading stage in the House of Commons. The Senate is also doing a pre-study of the legislation.

This report by The Canadian Press was first published Dec. 12, 2024.

David Baxter, The Canadian Press