Maple News reports that the Ontario Superior Court has ruled the Canadian government’s ‘second-generation cut-off’ policy unconstitutional, marking a significant shift in how citizenship is conferred to children of Canadians born abroad.
The decision addresses a long-debated rule that bars Canadian citizens—who themselves were born outside Canada—from automatically passing their citizenship to their children if those children are also born abroad. The court found this policy to be discriminatory and in violation of the Canadian Charter of Rights and Freedoms.
The case was brought forward by seven Canadian families spanning multiple generations and national origins. These families argued that the rule strips certain Canadians of equal rights based solely on where they were born or where they reside. Under current law, children born outside of Canada to Canadian citizens who were also born outside the country are not automatically granted citizenship. This has created two different classes of Canadian citizens, according to Justice Jasmine Akbarali.
Justice Akbarali emphasized that Canadians who gain citizenship by descent are unfairly treated as second-class citizens compared to those born on Canadian soil. “The second-generation cut-off disadvantages pregnant first-generation born-abroad women who are living abroad when they get pregnant by placing them in the position where they have to make choices between their careers, financial stability, and the ability to ensure their child receives Canadian citizenship,” she wrote.
The court also deemed the policy to be both patriarchal and racist, noting it disproportionately affects women and racialized Canadians who live and work internationally. Akbarali underscored that barring these Canadians from passing on citizenship unfairly limits their rights to live in Canada with their children and participate equally in Canadian society.
This ruling mandates the federal government to amend the Citizenship Act within six months. If upheld federally, the decision could restore birthright citizenship rights to thousands of Canadians affected by the cut-off policy, ensuring equal treatment regardless of place of birth or parentage.
Currently, Canadian citizenship is granted to individuals born in Canada or those born abroad to at least one Canadian parent—but only if that parent is part of the first generation born abroad. The ruling effectively challenges this first-generation limitation, opening the door for broader reforms in Canada’s approach to citizenship by descent.
The court’s judgment is being seen as a landmark moment in Canadian immigration and human rights law, particularly for expatriate Canadians and their children, many of whom may soon gain access to citizenship rights once denied to them.
Maple News will continue to monitor developments closely as the government responds to the ruling and prepares potential legislative amendments.