Kevin Spykerman

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 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.