Context:

Canada has recently passed Bill C-3, amending its Citizenship Act to expand citizenship-by-descent and formally recognise a group historically termed “Lost Canadians.” The reform addresses long-standing legal inequities arising from the earlier “first-generation limit,” which prevented many children of Canadian citizens born abroad from acquiring citizenship.

Background:

• • Individuals who were denied or lost citizenship due to gaps, discriminatory provisions, or outdated clauses in earlier Canadian laws.
  • The 2009 first-generation limit allowed citizenship by descent only for children whose Canadian parent was born in Canada or naturalised.
  • Those born abroad to Canadian parents who themselves were also born abroad (second generation abroad) were excluded.
  • A 2023 court ruling deemed this discriminatory, prompting legislative reform.

Key Features of the New Law (Bill C-3):

a) Removal of the First-Generation Limit

• • • Any child born or adopted abroad to a Canadian parent can acquire citizenship—remedying the earlier generational cut-off.

b) Retroactive Recognition

• • • Citizenship is restored retrospectively to people who were excluded earlier—benefiting thousands of “Lost Canadians.”

c) Substantial Connection Requirement

• • • For future births abroad, parents must prove 1,095 days (3 years) of physical presence in Canada before the child’s birth/adoption.
    • Ensures that the parent maintains a meaningful link with Canada.

d) Safeguards

• • • Exclusion for individuals involved in fraudulent citizenship renunciation or serious criminality remains.

Rationale and Policy Logic:

• • Correct historical discrimination and ensure equality in transmission of citizenship.
  • Respond to a globalised world where families increasingly live, work, and have children abroad.
  • Strengthen diaspora networks and Canada’s soft-power outreach.
  • Align Canadian law with contemporary human-rights standards and judicial mandates.

Implications for Indian-Origin Families:

a) Who Benefits?

• • • Indian-origin Canadian citizens working abroad whose children were previously denied citizenship.
    • Families who left Canada for education, employment, or temporary foreign postings.
    • Some “lost Indian-Canadians” may now gain automatic citizenship recognition.

b) Future Births

• • • Indian-origin Canadian parents born abroad can pass citizenship to future overseas-born children if they meet the substantial connection rule.

c) Interaction with Indian Law

• • • India does not permit dual citizenship.
    • Individuals acquiring Canadian citizenship must surrender Indian citizenship and shift to OCI status.
    • Families must weigh the benefits of Canadian citizenship against the loss of Indian nationality.

d) Possible Increase in India–Canada Mobility

• • • Could encourage return migration to Canada or long-term diaspora consolidation.
    • Might also affect educational and professional migration patterns.

Conclusion:

Canada’s new citizenship-by-descent law marks a major shift toward inclusive, rights-based citizenship. By recognising “Lost Canadians,” the reform rectifies historical injustices and adapts to the demands of a globalised world marked by transnational mobility.