Lost Canadians Bill Introduced Following Judicial Deadline Set for November
Canada takes a major step toward restoring citizenship rights for "Lost Canadians" as new legislation is introduced to address decades-long exclusions.
OTTAWA — The federal government took a significant step today as Immigration Minister Lena Diab introduced new legislation aimed at restoring citizenship rights to so-called “Lost Canadians.” The move comes in response to a recent court decision that found existing laws unconstitutional, marking an important moment for families affected by years of restrictive citizenship rules.
The term “Lost Canadians” refers to individuals born abroad to Canadian parents, who themselves were also born outside of Canada. These individuals found themselves excluded from citizenship rights due to a legislative change made in 2009 by the then-Conservative government. Under that law, Canadians born overseas could not automatically pass on their citizenship to children born abroad, unless the child’s birth took place in Canada — a provision that left many people without status despite their deep family ties to the country.
However, in December 2023, the Ontario Superior Court struck down the 2009 law, ruling it violated constitutional principles. The current Liberal government chose not to appeal the decision, signaling a shift toward greater inclusivity. Since then, the government faced increasing pressure to address the legal gap, having received several extensions to enact a legislative fix.
In April, the court granted the government its fourth extension but limited it, denying a requested one-year delay. Justice Jasmine Akbarali instead set a firm deadline of November 20, 2025, emphasizing that this timeline should be sufficient for the introduction and passage of “remedial legislation,” provided the government makes the issue a priority.
The new bill introduced by Minister Diab is designed to comply with the court’s direction and restore citizenship rights to affected individuals and their descendants. If passed, the legislation will provide long-awaited relief to families who have faced uncertainty about their legal status in Canada due to the previous restrictive measures.
Advocates for Lost Canadians have welcomed the government’s action, stating that restoring these rights affirms Canadian values of fairness and inclusion. The bill is expected to proceed through the parliamentary process in the coming months, with the government expressing its commitment to meeting the court-imposed deadline.
