Emma Kenyon and her husband had to pay thousands of dollars in legal fees to obtain the necessary documents to bring their stateless child back to Toronto, before he was ultimately granted Canadian citizenship.
< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">The court ruled that it was unconstitutional for Canada to deny automatic citizenship to children born abroad to parents also born outside the territory, but who have a substantial connection to Canada. The judgment considers that the current law creates two classes of citizens, one of which prevents the transmission of citizenship by descent.
On Monday, the Canadian government finally announced that he accepted the judgment of the Ontario Court. Ottawa will therefore not appeal the decision.
This law, in its current form, has had unacceptable consequences for Canadians whose children were born abroad.
A quote from Marc Miller, Minister of Immigration, Refugees and Citizenship
Federal Minister Marc Miller indicated in a press release that he is committed to making the citizenship process transparent and fair. (Archives)
We are relieved because this has been a very long battle for my clients, says constitutional lawyer Sujit Choudhry, who represents the seven families.
The court gave the federal government six months to change the current law. Until then, the old law remains in effect, except for the seven families represented in the suit.
Me Choudhry explains that Ottawa will have to consider in particular how to assess what constitutes a substantial link with Canada. The government could, for example, consider the time spent in the country by the individuals concerned.Open in full screen mode
According to lawyer Sujit Choudhry, his clients say they are relieved that the legal process is over.
The lawyer says he has been inundated with emails from descendants of Canadians born abroad wishing to obtain Canadian citizenship, since the Ontario Superior Court judgment was rendered in December .
He urges Ottawa to act.
It is unclear what the government's plans are. He must act quickly and set up a communication campaign, he said.
This historic judgment will undoubtedly have important consequences in life many children of Canadians born abroad.
For Abram Sawatsky, whose mother is a Canadian born outside the country, the ruling is a relief. He left his native Bolivia in search of a better life for his family 5 years ago, but without Canadian citizenship, working in Canada is very complicated.
I try to contribute to society and make a difference, but in hindsight, maybe we should have done things differently, laments the young father.Open in full screen mode
American surfer Erin Brooks, whose family is from Montreal, hopes to represent Canada at the Olympic Games 2024.
American surfer Erin Brooks, who is also one of these lost Canadians, has just obtained Canadian citizenship thanks to an exemption granted by the federal ministry of Immigration, Refugees and Citizenship.
If she succeeds in qualifying, she will therefore be able to represent Canada at the next Olympic Games summer.
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