Author:Update on Canadian Citizenship Through a Grandparent: Court Grants New Extension Until November
Background: In a legal case known as Bjorkquist et al. v. Attorney General of Canada, the Ontario Superior Court found that parts of Canada’s Citizenship Act were unconstitutional. Specifically, the law currently prevents many children born outside Canada from automatically inheriting citizenship from their Canadian parents if those parents were also born abroad. The Court ruled that this restriction (known as the “first-generation limit”) violates the Charter of Rights and Freedoms.
Why Is This Important? The ruling affects Canadian citizens living abroad who want to pass citizenship to their children. The Court found that the existing law unfairly excludes some Canadians from passing on their citizenship — and this needs to change.
What’s Happened So Far:
- In December 2023, the Court gave the government six months to change the law.
- Since then, the government has asked for several extensions to give Parliament more time to create a new law that replaces the unconstitutional sections.
- A proposed law (Bill C-71) was introduced but didn’t pass in time.
- Several temporary measures were introduced to help people affected in urgent situations, but these have been criticized for being unclear or inconsistent.
- Most recently, Parliament was dissolved and a federal election was called for April 28, 2025 — further delaying progress.
Latest Update: On April 11, 2025, the Court heard another request from the federal government to delay the implementation of the decision even longer. The government asked for a full-year extension until March 20, 2026.However, the judge decided not to allow a full year. Instead, a shorter extension was granted — to November 1, 2025. This gives the newly elected government some time to reintroduce legislation while limiting the wait for affected families.
What This Means for You:
- The unconstitutional law remains in place until November 1, 2025, unless new legislation is passed sooner.
- Some people affected by the law may still be able to apply for citizenship through special interim measures — though these are still limited and may change depending on who forms the next government.
- The Court continues to balance the need for stable laws with the urgency of fixing a Charter violation that affects real people.
Next Steps:
- A new Parliament will be sworn in after the April 28 election.
- The new government will have until November 1, 2025, to pass a law that replaces the current unconstitutional rules on citizenship inheritance.
- If no new law is passed by that date, the Court’s declaration will take effect, striking down the current restrictions.
Conclusion: A fix to Canada’s citizenship law is still on the way — but it’s taking longer than expected. The Court has now given the government until November 1, 2025, to get it done.
