Hillary Adams

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 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 Attorney General of Canada brought an urgent motion seeking a six-month extension of a suspended declaration of invalidity concerning sections 3(3)(a) and 3(3)(b) of the Citizenship Act, which were previously found unconstitutional for limiting derivative citizenship.

The applicants opposed the extension or sought conditions.

The court granted a shorter extension until August 9, 2024, with a further hearing scheduled for August 1, 2024, to review progress on remedial legislation (Bill C-71) and an improved plan for addressing hardship cases.

The court also ordered that constitutional exemptions be granted to other first-generation born abroad applicants.

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.

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.