The legislation known as the “Lost Canadians” bill, designed to address Canada’s unconstitutional citizenship laws for descendants, was approved by the Senate on Wednesday and received royal assent on Thursday. This legislation specifically targets individuals born outside Canada to Canadian parents who were also born abroad.
In 2009, the government modified the law, requiring Canadians born abroad to only pass on citizenship if their child was born in Canada. However, the Ontario Superior Court ruled this provision unconstitutional in December 2023. The new legislation proposes that Canadian citizenship can be transmitted to individuals born abroad, extending beyond the first generation, provided that the parents spent a total of three years in Canada before the child’s birth or adoption.
Senator David Arnot from Saskatchewan criticized the bill for imposing a “substantial connection” test on “intercountry adoptees,” referring to children adopted from abroad and raised in Canada by Canadian parents. He argued that these adoptees undergo an extensive immigration process before their adoption in Canada is finalized, including provincial and territorial approvals, anti-trafficking screenings, foreign state approvals, federal citizenship reviews, and other measures.
Arnot emphasized the importance of treating intercountry adoptees equally to domestic adoptees, citing the requirements of the Hague Convention. Although he did not propose any amendments due to a court-mandated deadline for the law’s enactment by January 20, he urged the immigration minister to consider future changes.
In response to potential discrimination, immigration lawyers Sujit Choudhry and Maureen Silcoff are considering a Charter challenge on behalf of intercountry adoptees. They argue that these adoptees should not face different treatment compared to domestically adopted children, highlighting concerns about rights violations and inconsistencies with Canada’s international obligations.
Choudhry expressed a preference for a legislative resolution over a court challenge to address this issue. Attempts to clarify adoption rules through amendments introduced by Ontario Liberal MP Nate Erskine-Smith and B.C. NDP MP Jenny Kwan were unsuccessful. Moreover, proposed amendments in the House of Commons by Conservative and Bloc Québécois members were removed by Liberal and NDP MPs before the bill advanced to the Senate. Despite efforts by Quebec Conservative Sen. Leo Housakos to reintroduce amendments in the Senate, they were ultimately rejected.