The federal government argued “lost Canadians” made the personal choices to live and have children abroad, and a law that restricts the passage of citizenship by descent does not violate their charter rights.
Government lawyers were challenged in court to justify the options for “lost Canadians” to be granted citizenship and the undue hardship endured by families affected by a rule that limits the passage of citizenship rights by descent for those born abroad.
The lawsuit was brought by 23 individuals from seven families that have been negatively affected by the cut-off rule, arguing the law discriminates against them based on their place of birth, violates their mobility and liberty rights, and disproportionately puts women at a disadvantage when they have to give birth outside of Canada due to circumstances beyond their control.
The government contended that there’s no “blanket prohibition” for the second-generation born abroad to restore their Canadian citizenship through a discretionary grant by the immigration minister or indirectly first as a permanent resident through a family sponsorship before they turn 22 years old. Refused applicants can appeal to the Federal Court.
Government counsel Kevin Spykerman responded that there’s no evidence in the submissions but referred to some of the litigants who were granted citizenship by the immigration minister or successfully obtained permanent residence.
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