Lost Canadians

From Wikipedia, the free encyclopedia

Canadian citizenship

Canadian nationality laws
Canadian nationality law Canadian Citizenship Act 1946 History of Canadian nationality law
Classes of citizens
Canadian citizen Permanent resident Honorary citizenship Refugee Commonwealth citizen
Related topics
Oath of citizenship Citizenship and Immigration Canada Immigration to Canada Passport Canada Lost Canadians "Canadians of convenience"

Main article: Canadian nationality law#Loss of Canadian citizenship

Lost Canadians are those individuals who believed themselves to be Canadian citizens but actually lost their citizenship (or never had citizenship) through the operation of either the current citizenship law or that previously in force, prior to 1977.^[1]^[2]^[3]^[4]^[5]^[6]

1 Resolution through an amended Citizenship Act
2 Amended Citizenship Act passes
3 Notable "Lost Canadians"
4 Links
5 Notes

[edit] Resolution through an amended Citizenship Act

On May 29, 2007, Canadian Minister of Citizenship and Immigration Diane Finley announced her proposal to amend the the Citizenship Act. Under the proposal, anyone naturalized in Canada since 1947 would have citizenship even if they lost it under the 1947 Act. Also, anyone born since 1947 outside the country to a Canadian mother or father, in or out of wedlock, would have citizenship if they are the first generation born abroad.^[7] Appearing before the Standing Committee on Citizenship and Immigration, Finley asserted that as of May 24, 2007, there were only 285 cases of individuals in Canada whose citizenship status needs to be resolved.^[8] Under the proposed legislation, anyone born before 1947 to a Canadian citizen abroad would be dealt with on a case-by-case basis; such individuals would have to apply for a ministerial permit.^[9]

[edit] Amended Citizenship Act passes

Bill C-37, which received Royal Assent on April 17, 2008, amends the Citizenship Act to give Canadian citizenship to those who lost or never had it, due to outdated provisions in existing and former legislation. ^[10]The law will come into effect on a date to be determined by the Governor-in-Council, no later than April 17, 2009, one year following Royal Assent.^[11]

People who are citizens when the law comes into force will not lose their citizenship as a result of these amendments. The law is retroactive to the time of birth or loss of citizenship, and will give citizenship to:

People who became citizens when the first citizenship act took effect on January 1, 1947 (including people born in Canada prior to 1947 and war brides) and who then lost their citizenship;

Anyone who was born in Canada or became a Canadian on or after January 1, 1947, and who then lost citizenship; and

Anyone born abroad to a Canadian on or after January 1, 1947, if not already a citizen, but only if they are the first generation born abroad.

The exceptions are those born in Canada to a foreign diplomat, those who renounced their citizenship with Canadian authorities, and those whose citizenship was revoked by the government because it was obtained by fraud.