7 total
The court granted a two-month consent extension of the suspension of the declaration of invalidity regarding first-generation derivative citizenship limits.
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 granted a partial extension of the suspension of the declaration of invalidity of the Citizenship Act to November 20, 2025, due to parliamentary prorogation and a general election.
The respondent, the Attorney General of Canada, sought a 12-month extension of the suspension of the declaration of invalidity regarding the first-generation limit on derivative citizenship in the Citizenship Act.
The court had previously declared the provisions unconstitutional under sections 6 and 15 of the Charter but suspended the declaration to allow Parliament to pass remedial legislation.
Due to the recent prorogation and dissolution of Parliament for a general election, the government was unable to pass the remedial bill.
The court granted a shorter extension of the suspension to November 20, 2025, balancing the need for Parliament to address the complex legislative scheme against the ongoing rights violations of affected individuals.
The court granted a short extension of the suspended declaration of invalidity to allow the government to file evidence on interim measures.
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.
Further three-month extension granted for suspension of declaration of invalidity regarding unconstitutional Citizenship Act provisions.
The moving party brought an urgent motion seeking a further three-month extension of the suspension of a declaration of invalidity regarding sections of the Citizenship Act.
The court previously found the limits on derivative citizenship unconstitutional and suspended the declaration to allow Parliament to pass remedial legislation.
Despite finding that the government had not acted with sufficient diligence in advancing the replacement bill, the court reluctantly granted the extension to March 19, 2025, balancing the public interest in having replacement legislation, the complexity of the citizenship regime, and the potential for chaos if the unconstitutional law was struck down without a replacement.
Costs were awarded to the responding party.
The court granted a further extension of the suspended declaration of invalidity regarding unconstitutional citizenship provisions.
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.
The court issued supplementary reasons extending the declaration of invalidity of the second-generation citizenship cut-off to section 3(3)(b) of the Citizenship Act.
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.
Second-generation citizenship cut-off struck down as unconstitutional for violating Charter equality and mobility rights.
The applicants challenged the constitutionality of the 'second-generation cut-off' in s. 3(3)(a) of the Citizenship Act, which prevents Canadian citizens born abroad from automatically passing citizenship to their children born abroad.
The Superior Court of Justice found that the provision violates s. 15(1) of the Charter by discriminating on the basis of national origin and the intersection of national origin and sex.
The court also found a violation of s. 6(1) mobility rights, as the law penalizes first-generation born abroad Canadians for choosing to live and work abroad.
The violations were not saved by s. 1.
The court declared the provision of no force or effect, suspended the declaration for six months, and granted constitutional exemptions to specific applicants, but denied Charter damages.
