Emma Kenyon, right, and her husband, Daniel Warelis, are pictured with their sons, Darcy, 2, and Sam, 10 weeks. Darcy was finally granted Canadian citizenship as the couple prepared to return to Toronto from Hong Kong in 2022, after a personal appeal to the Minister of Immigration.
They decided to work for a few years in Hong Kong, where Ms. Kenyon became pregnant.
In an interview with CBC News, Kenyon said the Canadian government advised her at the time to return to Canada to give birth. I felt like the government was asking me to make a choice between obtaining citizenship for my son by going to Canada or preserving my financial and physical health, Ms. Kenyon said.
< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">I had difficulty getting pregnant and then staying pregnant. So we were really afraid to travel during [the pandemic]. […] I wanted to be near my doctor who understood my medical history. We weren't going to have medical coverage in Canada, so I would have had to pay out of pocket. I explained that I worked full time and contributed to my household finances, and that I could not quit my job or request extended leave. My husband wouldn't have been able to come. There were a litany of reasons why this was really, really risky. […] And there didn't seem to be any wiggle room about it.
Ms. Kenyon gave birth to their son, Darcy, in 2021. He did not receive Canadian citizenship, so he was born stateless, she explained.
Darcy was eventually granted Canadian citizenship as the couple prepared to return to Toronto in 2022, but only after Mr. Chapman of the Lost Canadians Society made a personal appeal to the federal immigration minister. /p>
That's not how an effective system works, and I don't think it's how most Canadians feel. #x27;expect the process to work, she said.
The federal government had argued that citizenship was not a Charter right and that the impact of the second-generation exclusion rule was minimal because anyone affected could apply to the Minister of Immigration to grant citizenship at his discretion. Individuals can also apply for permanent residence through family sponsorship before the age of 22. The judge rejected this argument.
The court ordered immigration officials to grant Canadian citizenship to the foreign-born children of three of the families involved in the case.
She also gave Ottawa six months to change the citizenship law. Federal government lawyers have 30 days to decide whether the government will appeal.
A Conservative opposition bill, currently going through Parliament, addresses some of the concerns of lost Canadians, but Bill S-245, which would amend the citizenship law, is currently blocked due to proposed government amendments.
We examine the court's decision and its impact on the citizenship program and its operation. We have not yet made a decision whether or not to appeal, a spokesperson for Immigration, Refugees and Citizenship Canada said in a statement to CBC News Thursday evening.
< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">Bill S-245 is scheduled to be considered on January 29, 2024, although this date is subject to change, the spokesperson said, adding that the decision of court will be reviewed to determine any considerations related to the legislation.