Court grants government another extension to fix unconstitutional citizenship law

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The Ontario Superior Court has ruled Canada's second-generation cut-off rule violates Charter rights because it 'treats differently those Canadians who became Canadians at birth because they were born in Canada from those Canadians who obtained their citizenship by descent on their birth outside of Canada.

So-called "lost Canadians" will have to wait longer to obtain their right to citizenship after a court granted the federal government more time to fix legislation it ruled was unconstitutional.New Canadians take part in a citizenship court. An Ontario court has given the federal government more time to replace an unconstitutional citizenship law.

"I am troubled by the fact that, after taking over five months to introduce Bill C-71, in the almost-month that has passed since then, the bill has not reached second reading," Akbarali said.The House of Commons has adjourned for the summer — what did it accomplish?"There is no explanation as to why this bill has been languishing since May 23, 2024, when the government was aware of the date on which the suspended declaration of invalidity was set to expire.

"They can force children to stay in places that are unsafe for them. They can interfere with some of the deepest and most profound connections that human beings both enjoy and need." Sujit Choudhry, the lawyer who fought the constitutional case for the families, called for these conditions. Choudhry estimates that the current law violates the rights of at least 1.48 million Canadians at home and living abroad.

Choudhry said the court might have had more sympathy for the government if the bill was further along.

 

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