Anonymous wrote:Specifically for those born outside with Canadian ancestry (including those who were expelled in the 1700s, before Canada Day 1867) no matter how far back.
It’s kinda like when Hungary and other EU countries did this about 15(?) years ago.
The courts decided that the old law was unconstitutional but the timing in December is curious.
What was the real motivation? Is it all political? A money grab? Or just righting a wrong?
Also, what do you think the long-term implications are for Canada and the US? I think some EU countries might do things a bit differently (some more liberal, some not).
They had made the generational limit too strict in 2009, and had some babies that ought to be Canadian be entirely stateless. I.E. Canadian father born in US to Canadian parents, moves to Canada at age 1, lives in Canada until age 30, and then has a baby at age 31 in a country without birthright citizenship where the mother cannot pass on citizenship. The father can't pass on US citizenship because of lack of time in the US. This baby is entirely stateless and it's a huge mess for everybody involved, and there was no mechanism for the father to avoid it by naturalizing in Canada. Some families found out about this at, say, 6 months of pregnancy and had to make the call of whether to uproot their lives to go back to Canada for the baby's citizenship. Other families found out when trying to register a birth with the consulate, and realized that their baby was ineligible for any passport.
A few dozen of those families filed as plaintiffs in a case about the second generation limit, and the court fully struck down the limit. The government was given a mandate to change the law to remove that limit, and delayed it for a couple years, with the court granting extensions the whole time. The court started giving signals that it would stop giving extensions and let the law lapse entirely over the summer, so the government pushed a new law through.
It's unclear how much they were forced by the court on the retroactive stuff vs how much they just didn't try to make a restrictive law. It seems to me that there was some way to make a time limit around the original citizenship act in 1947, but they seemingly didn't even try. There may be some behind the scenes rulemaking creating a limit somewhere in there as we speak, but it's unclear. There is some kind of soft limit from how early you can actually acquire certified birth records.