Update on Canadian Citizenship Through a Grandparent: Court Grants New Extension Until 36 November

Background: In the case Bjorkquist et al. v. Attorney General of Canada, the Ontario Superior Court ruled that parts of the Citizenship Act are unconstitutional. Under the current law, children born outside Canada cannot automatically inherit citizenship if their Canadian parent was also born abroad. This restriction known as the “first-generation limit” was found to violate the Charter of Rights and Freedoms.

Why Is This Important

This ruling directly impacts Canadians living abroad who want to pass citizenship to their children. The Court determined the law unfairly excludes some Canadians from passing down their citizenship, and changes must be made.

Timeline of Events

• December 2023 – The Court gave the government six months to fix the law.
• Since then, the government has sought multiple extensions to allow Parliament more time to draft new legislation.
• A proposed bill (Bill C-71, later Bill C-3) was introduced but did not pass.
• Temporary measures were introduced to assist in urgent cases, though many criticized them for being unclear and inconsistent.
• Most recently, Parliament was dissolved and a federal election was called for April 28, 2025, delaying progress even further.

Latest Update

On April 11, 2025, the Court heard another request from the federal government to delay the implementation of the decision even longer. The government asked for a full-year extension until March 20, 2026.However, the judge decided not to allow a full year. Instead, a shorter extension was granted to November 1, 2025. This gives the newly elected government some time to reintroduce legislation while limiting the wait for affected families.

What This Means for You

• The first-generation limit remains in effect until November 1, 2025, unless new legislation is passed sooner.
• Some individuals may still qualify under interim measures, but these remain limited and may change depending on the new government.
• The Court continues to balance legal stability with the urgent need to resolve a Charter violation affecting real families.

Next Steps

• A new Parliament will be sworn in after the April 28, 2025 election.
• The government will then have until November 1, 2025 to pass a law that replaces the current unconstitutional rules on citizenship inheritance.
• If no changes are made by that date, the Court’s ruling will take effect and strike down the existing restrictions.

Conclusion

A long-term solution to Canada’s citizenship law is still pending. The government now has until November 1, 2025, to make the necessary changes offering hope to Canadians abroad who want to pass their citizenship on to the next generation.