Maple News reports that the federal government has been granted an extension to amend controversial sections of the Citizenship Act that have long been deemed unconstitutional. On April 22, 2025, the Ontario Superior Court of Justice extended the deadline to reform the legislation from April 2025 to November 20, 2025.
At the heart of the issue lies the ‘First-Generation Limit’ (FGL), a provision introduced in 2009 that restricts Canadian citizenship by descent. Currently, children born abroad can only inherit citizenship if their Canadian parent was either born in Canada or became a naturalized citizen. Children of Canadians who themselves acquired citizenship by descent are excluded from passing it on. This rule has left many Canadians unable to transfer citizenship to their children, effectively creating a second tier of citizens.
In a 2023 ruling, the Ontario Superior Court declared the FGL unconstitutional, citing violations of the Canadian Charter of Rights and Freedoms. Justice Jasmine Akbarali reiterated this in her April 2025 decision, stating that affected individuals continue to suffer from an infringement on their constitutional rights. Despite the government’s delay, the court acknowledged ongoing efforts to amend the Act.
The ‘Lost Canadians’—individuals and families left stateless or excluded from citizenship due to outdated provisions—stand at the center of this legal and humanitarian issue. Many of them are born to Canadian parents and maintain strong ties to the country, yet they remain in legal limbo because of how the FGL treats inheritance of citizenship.
While the extension offers the federal government more time to consult stakeholders and draft a compliant amendment, advocates stress the urgency for meaningful reform. The situation remains critical for families affected by the rule, particularly those facing the challenge of having one parent unable to legally pass on Canadian citizenship.
If a legislative fix is implemented by the new deadline, it could restore citizenship access to an entire generation of Canadians unfairly excluded. Until then, the constitutional breach continues.
Maple News will continue to monitor developments as Parliament prepares to act on this important issue.