Court grants government another extension to fix unconstitutional citizenship law

So-called «lost Canadians» will have to wait longer to obtain their right to citizenship now that a court has granted the federal government more time to fix legislation it ruled was unconstitutional.

The courts initially gave the federal government until today to replace legislation that prevents Canadians born abroad from passing on their citizenship to children also born abroad.

In May, the Liberals introduced Bill C-71, which introduced sweeping changes to Canada's citizenship laws. The government says the legislation addresses the concerns of the court.

But the Liberals did not get the bill through the House of Commons before it rose for the summer on Wednesday. MPs will not return to the Commons until mid-September.

In handing down the extension to Aug. 9 on Wednesday, Ontario Superior Court Justice Jasmine Akbarali slammed the pace of the legislation's passage through the House. She noted that other pieces of government legislation moved swiftly to the Senate, while a citizenship bill responding to the violation of a legal right still remains in its early stages.

«I am troubled by the fact that, after taking over five months to introduce Bill C-71, in the almost-month that has passed since then, the bill has not reached second reading,» Akbarali said.

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«There is no explanation as to why this bill has been languishing since May 23, 2024, when the government was aware of the date on which the suspended declaration of invalidity was set to expire.»

In the meantime, Akbarali added, Canadians' rights are being