Court grants Ottawa four more months to fix unconstitutional 'lost Canadians' law

A court has granted the federal government more time to amend unconstitutional legislation concerning so-called «lost Canadians.»

The deadline extension — to Dec. 19 — is the second the courts have given Ottawa to amend the law, which prevents some Canadians born abroad from passing on their citizenship to children also born abroad.

Bill C-71, which introduces sweeping changes to Canada's citizenship laws, is set to become law by Dec. 19. The federal government says the legislation addresses the court's concerns about constitutionality.

In her decision to grant the extension, Ontario Superior Court Justice Jasmine Akbarali said the government was able to address concerns about the hardship Canadians could face if the amended legislation is delayed again.

«The mechanism in place to address urgent cases of hardship is sufficient to ensure that an extension of the declaration of invalidity will not undermine confidence in the administration of justice,» the judge said in the decision.

Justice Akbarali initially gave Ottawa until June 20 to amend the current Citizenship Act after the Ontario Superior Court of Justice ruled in late 2023 that it violated the constitutional rights of some Canadians born abroad.

The Liberal government did not get the bill passed through the House of Commons before it rose for the summer a few days before the deadline.

The government appealed for a six-month extension. Justice Akbarali handed down a seven-week extension, to Aug. 9.

In granting the original extension, the judge said the government would only have until Aug. 1 to present arguments on why she should consider another extension until Dec. 19.

Justice Akbarali ordered the government to file a plan to address the hardship experienced by parents