On March 13, 2025, the Canadian government announced new measures allowing selected individuals to apply for discretionary Canadian citizenship, aimed at those affected by the first-generation citizenship limit. This policy change was introduced by Immigration, Refugees, and Citizenship Minister, Marc Miller, and is intended to provide redress following the Supreme Court of Ontario's ruling from December 2023, which deemed the first-generation limit unconstitutional.
According to the provisions established, individuals who were either born or adopted before December 19, 2023, and are subject to the first-generation limit, can now apply for citizenship. Further, individuals born or adopted on or after December 19, 2023, are eligible to apply if at least one of their Canadian parents fulfills the residency requirement—defined as residing in Canada for at least three years prior to their child's birth or adoption.
Specifically, the measures encompass several groups: those born before April 1, 1949, who fall under the first-generation limit, and those who lost their citizenship because they did not meet the conditions for retention as established by previous laws. This marks a pivotal moment for many Canadians and their descendants who have felt disenfranchised by existing citizenship policies.
The introduction of Bill C-71 back in 2024 was part of the government's attempt to amend the Canadian Citizenship Act to rectify the stipulations of the aforementioned first-generation limit (FGL). This limit, introduced with the citizenship law of 2009, restricted citizenship by descent whereby Canadians by descent could not confer their citizenship to their children born outside Canada.
The Supreme Court of Ontario, recognizing the discriminatory nature of this regulation, ruled against it, asserting it created a second class of citizens based solely upon national origin and violated the Canadian Charter of Rights and Freedoms.
Notably, if the new citizenship measures encounter no legislative hurdles, they will enable citizenship by descent, contingent on the aforementioned parent residency requirement. The government has emphasized the importance of providing equitable citizenship access to all Canadians, irrespective of how they were born or adopted.
Despite these advancements, the federal government's ability to follow through with the planned amendments remains under scrutiny. The Supreme Court has granted multiple extensions to the deadline for the government to enact these changes. The latest extension pushes the renegotiation deadline back to March 19, 2025. If the government fails to amend the citizenship act, it risks leaving the FGL rules intact or might compel the courts to strike down the unconstitutional clauses entirely, which could lead to broader ramifications.
With Parliament’s current prorogation extending until March 24, 2025, there’s apprehension among advocacy groups and affected citizens concerned about the viability of these new measures. Observers continue to monitor the developments closely, hoping the government will finalize the necessary legislative changes before the deadline elapses.
The citizenship issue has long been contentious, and the recently introduced measures reflect broader efforts not only to comply with legal rulings but also address the historical grievances felt by Canadians of descent who previously thought their lineage disqualified them from receiving citizenship. By passing these updates to the Citizenship Act, Canada aims to reaffirm its commitment to inclusivity and fairness within its immigration system.
The changes come as part of a larger narrative addressing justice for individuals and families impacted by restrictive citizenship laws and reflect Canada’s dedication to upholding democratic principles and human rights.
Overall, the measures outlined by Minister Miller are seen as progressive and necessary, signaling Canada’s movement toward rectifying previous injustices within its citizenship framework. It is anticipated these updates will not only open the door to many who seek Canadian identity but also restore the faith of Canadians — by birth or descent — in their country’s immigration and naturalization processes.