Kevin Martinus Spykerman

The respondent sought an extension of the suspension of the declaration of invalidity of certain provisions of the Citizenship Act.

The declaration was originally suspended for six months from December 19, 2023, and has been extended multiple times.

The respondent sought an extension to January 20, 2026 (reduced from April 22, 2026 by consent).

The court granted a two-month extension to January 20, 2026, noting significant progress in enacting replacement legislation with a reasonable expectation that it may come into force by the end of 2025.

The court adjourned the balance of the motion to January 13, 2026.

The court considers a motion by the Attorney General of Canada for a further extension of the suspension of a declaration of invalidity regarding certain provisions of the Citizenship Act, previously found unconstitutional.

The court reviews the history of prior extensions, the respondent’s reliance on Parliament’s prorogation, and the adequacy of interim measures for rights-holders.

Finding the respondent’s evidence on expanded interim measures insufficient, the court grants a short extension and directs the respondent to file further evidence and argument, with a return date set for April 11, 2025.

This endorsement addresses a motion by the Attorney General of Canada for a further extension of the suspension of a declaration of invalidity concerning sections 3(3)(a) and 3(3)(b) of the Citizenship Act, which were previously found to contravene the Charter.

The court assessed the respondent's updated mechanism for addressing urgent hardship cases and the progress of Bill C-71, intended to remedy the unconstitutional provisions.

The court found the hardship mechanism sufficient and the legislative progress satisfactory, concluding that a further extension would not undermine confidence in the administration of justice.

The extension was granted until December 19, 2024, and the applicants were awarded partial indemnity costs.

This decision provides supplementary reasons to a constitutional application that previously found s. 3(3)(a) of the Citizenship Act unconstitutional for creating a second-generation cut-off for citizenship by descent.

The court clarifies and amends its prior order, extending the declaration of invalidity to s. 3(3)(b) of the Act, which also imposes a second-generation cut-off for those born before 1977.

It also amends the constitutional exemptions granted to specific applicants and their children, including those born after the initial hearing, and extends the deadline for issuing citizenship certificates due to logistical issues.