Thousands of Canadian families continue to face uncertainty as long-overdue amendments to Canada’s Citizenship Act remain stalled. The federal government, already having missed three previous deadlines, has been granted yet another extension by the Ontario Superior Court of Justice. The new date for action is now set for April 25, 2025.
This latest development follows over a year of legal and legislative back-and-forth regarding the controversial “first-generation limit” (FGL) to citizenship by descent—a rule that has long drawn criticism for excluding children born abroad to Canadian citizens who themselves inherited citizenship through descent.
What is the First-Generation Limit?
The FGL was introduced into the Citizenship Act in 2009. It stipulates that Canadian citizens who were themselves born outside of Canada cannot pass on their citizenship to their children born abroad. This rule effectively creates a barrier for second-generation Canadians born overseas, denying them automatic citizenship despite strong familial ties to Canada.
Critics have described the FGL as a policy that splits families and unjustly penalizes Canadian citizens who choose—or are compelled—to live abroad. For years, affected families have pushed for reform, calling the law discriminatory and outdated.
Court Ruling: A Violation of Charter Rights
In a landmark ruling in December 2023, the Ontario Superior Court found the FGL unconstitutional, asserting that the rule violated the Canadian Charter of Rights and Freedoms. The Court concluded that the FGL discriminates based on national origin and creates a second-class tier of citizenship—a finding that placed pressure on the federal government to act swiftly.
However, despite this legal victory for advocates of reform, legislative progress has remained sluggish.
Bill C-71: A Missed Opportunity
In May 2024, the federal government introduced Bill C-71 as a response to the Court’s decision. The bill proposed lifting the FGL for families where the Canadian parent had lived in Canada for at least three years prior to their child’s birth or adoption—a “substantial connection” test meant to balance inclusion with national interest.
Yet Bill C-71 never made it into law. Parliament was prorogued on January 6, 2025, at Prime Minister Justin Trudeau’s request, halting all legislative activity and effectively guaranteeing that the March 2025 deadline would be missed.
This prompted the government to seek yet another extension—its fourth—on March 13, 2025. The Court obliged, pushing the deadline to April 25, but not without signaling growing impatience.
A key hearing has been scheduled for April 11, 2025, where the federal government must justify its request for an additional 12-month delay.
Temporary Relief: Discretionary Citizenship Applications
In response to the legal vacuum and ongoing delays, Immigration, Refugees and Citizenship Canada (IRCC) has introduced interim measures to mitigate the impact on affected families.
Individuals currently excluded by the FGL may apply for discretionary grants of citizenship. These applications are being prioritized to reduce wait times and provide a degree of relief while broader reform efforts remain stalled.
Still, these interim options are limited in scope and do not guarantee outcomes, leaving many families in a legal and emotional limbo.
What’s at Stake if the Deadline is Missed Again?
If the government fails to meet the latest April 25 deadline, the Court may choose one of two paths:
- Grant Another Extension – Though increasingly unlikely, given the Court’s evident frustration.
- Strike Down or Amend the Law Directly – The Court may take matters into its own hands, eliminating or altering the contested portions of the Citizenship Act without waiting for legislative reform.
Either outcome could have sweeping implications for citizenship law in Canada, potentially setting precedents for how constitutional violations in immigration policy are addressed in the future.
The Path Ahead: Will 2025 Bring Change?
As the April 11 hearing approaches, advocates, legal experts, and affected families are watching closely. The ruling could either prolong uncertainty or trigger a long-awaited shift in Canadian citizenship policy.
While the introduction of Bill C-71 last year signaled some political will to address the issue, the government’s repeated delays have raised serious questions about its commitment to equal citizenship rights.
With thousands of Canadian citizens and their children caught in the crossfire, the call for decisive action has never been louder.
