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.
