OTTAWA - Immigration Minister Lena Diab introduced a new bill on Thursday aimed at restoring citizenship to the so-called "Lost Canadians." This term refers to individuals born outside Canada to Canadian parents who were also born abroad. The urgency of this legislation follows a December 2023 ruling by the Ontario Superior Court, which deemed the existing citizenship law unconstitutional.

In 2009, the Conservative government altered the law, preventing Canadians born outside the country from passing down their citizenship if their children were also born abroad. The court's ruling invalidated this provision, and the Liberal government chose not to contest the decision.

As the deadline for legislative action looms, the government has received its fourth extension to address the issue, with a new deadline set for November 20. Justice Jasmine Akbarali emphasized that this timeframe should be sufficient for the government to enact "remedial legislation" if it prioritizes the matter.

Criticism has arisen regarding the government's handling of the situation. Justice Akbarali has pointed out the potential harm that could occur if the 2009 law is invalidated without a replacement. NDP immigration critic Jenny Kwan highlighted that delays in the previous session of Parliament were due to the Liberal government's inaction and a Conservative filibuster that hindered progress in the House of Commons. "The court has given the government yet another extension, and it would be incumbent on this Parliament to make sure that legislation is passed," Kwan stated.

The previous attempt to pass a citizenship bill for Lost Canadians was halted when the House prorogued earlier this year. The Senate had begun preliminary studies on the legislation to expedite its passage.

The newly proposed Bill C-3 aims to automatically grant citizenship to those denied under the current law. Additionally, it seeks to establish a new framework for citizenship by descent. Under this framework, Canadian citizenship could be extended to individuals born abroad beyond the first generation, provided their parents spent a cumulative three years in Canada before the child's birth or adoption. These objectives align closely with the original goals of the Lost Canadians bill.