Mr. Speaker, today, we are addressing a very important issue with our study of Bill C-3. Canadian citizenship is more than just an administrative status. It is a powerful symbol of belonging to a country. It confers certain fundamental rights, such as the right to vote and the right to travel with a Canadian passport, and it also embodies a civic responsibility, a shared identity and a deep connection to our country. To be a citizen of Canada is to be part of a collective project rooted in democracy, equality, diversity and freedom.
There are three pathways to citizenship under the Citizenship Act: by being born in Canada, through naturalization by immigrating to Canada and acquiring citizenship, or by descent if an individual is born abroad to a Canadian parent. Today, our debate is focusing on this last pathway, which is citizenship by descent. I want to make that clear, because it is important in our discussions not to confuse citizenship by descent with citizenship by naturalization.
Naturalization results from the process of immigrating to Canada, while descent applies when a person is the child of a Canadian citizen and is therefore a right acquired by birth. The criteria and requirements are obviously different in both cases. I would like everyone to keep this distinction top of mind throughout the debate.
Since 2009, the fundamental right to citizenship by descent has been unfairly restricted. Thousands of people with a real, long-term connection to Canada have been deprived of that sense of belonging. An amendment made to the Citizenship Act under Stephen Harper's Conservative government introduced an arbitrary rule commonly known as the first-generation limit.
This provision means that only children born abroad to a Canadian parent who was born in Canada are automatically entitled to citizenship. In other words, if two successive generations are born outside Canada, even if the parents are active Canadian citizens, the child cannot become a citizen.
This provision severed the legal and symbolic tie between Canada and many children of Canadians living temporarily abroad. Canadian families were plunged into legal limbo or even exclusion when they discovered that their children were considered foreigners by their own country.
These issues are not theoretical. They are affecting children growing up in Canadian households abroad and families who wish to pass on to their children not just a passport, but also a Canadian identity, a cultural heritage, a sense of belonging to a community and a feeling of safety. Failing to recognize them sends a message of exclusion to those who feel like full-fledged Canadians. It is a dismissal of the contributions of our diaspora and of the reality that this is a country where familial and citizenship ties often transcend borders.
In December 2023, the Ontario Superior Court of Justice ruled that the first-generation limit is unconstitutional on the grounds that it violates sections 6 and 15 of the Canadian Charter of Rights and Freedoms, that is, mobility rights and equality rights.
The Government of Canada did not appeal this decision, since it acknowledges that the act has had unacceptable consequences. The court granted us an extension to allow Bill C‑3 to run its parliamentary course. If this bill is not passed within the next few weeks, before the suspension of the declaration of invalidity ends, there will be no limits anymore on citizenship by descent for all the people born to Canadian citizens abroad. People will be able to pass citizenship on to their children in perpetuity without the need for a substantial connection to Canada.
Therefore, to comply with our constitutional obligations and preserve the integrity of our citizenship process, our government opted to propose a responsible and balanced legislative framework. I sincerely believe this was the right decision.
Bill C‑3 seeks to extend citizenship by descent beyond the first generation. It was designed with a clear objective: to restore the rights of Canadians deprived of their citizenship, while establishing a fairer framework for future generations. In so doing, it seeks to strike a balance between setting reasonable limits on automatic citizenship by descent and protecting the rights and privileges associated with Canadian citizenship.
Once passed, Bill C‑3 will automatically grant citizenship by descent to all individuals born abroad to a Canadian parent before the coming into force of the act. This means that descendants of Canadians who have been unfairly excluded will have their status restored. For children born after the act comes into force, a new framework will be introduced. Under this framework, citizenship can be transmitted beyond the first generation if the Canadian parent can demonstrate a substantial connection to Canada, defined as 1,095 cumulative days, or about three years, of physical presence in Canada. This requirement guarantees that children who receive citizenship have a genuine connection with the country, without arbitrarily excluding individuals based on their place of birth.
The introduction of the substantial connection requirement allows for a reasonable balance to be maintained. Citizenship by descent remains available, but it is anchored in a real and tangible connection with Canada. This requirement guarantees that future generations will not receive citizenship if they do not have genuine ties to the country. This reflects our desire to preserve the value of Canadian citizenship without needlessly restricting it.
This is a modern, balanced and responsible framework. In fact, it is more rigorous than if we simply abolished the first-generation limit. It protects the integrity of our citizenship while correcting blatant injustices. However, during the committee study, Conservative members got several amendments to Bill C-3 adopted that change the spirit and intent of the bill in a way that is unacceptable. For example, the Conservative amendments at committee changed the criterion in the bill for determining a parent's substantial connection to Canada. What changed is the restriction about the 1,095 days being over a period of five consecutive years. If we require parents to be present in Canada for a cumulative period of three years in the five years prior to their child's birth or adoption, we will be reducing the flexibility and options available to first- and subsequent-generation Canadians to pass on their citizenship.
In 2025, Canadian families, including those abroad, live very different lives. We support their freedom to pursue studies and other endeavours outside Canada. We do not feel that their choices should compromise their ability to pass on their Canadian citizenship. A connection to Canada can be demonstrated in many ways, and it can be maintained even while pursuing activities abroad. This change could result in more lost Canadians. It would be fundamentally unfair to deny a substantial connection with Canada to those who have spent more than three years in the country over long periods of time.
In fact, taken as a whole, these changes are inconsistent in many other respects. They require the minister to report annually on cases where the security assessment requirement has been lifted, without including a provision giving the minister the power to lift that requirement. They establish a substantial connection criterion in the law while giving the Governor in Council the power to make regulations to establish and modify that same criterion. In the interests of consistency, the substantial connection criterion should be defined in the law or in the regulations, but not in both, as my opposition colleagues would have it.
These amendments require Immigration, Refugees and Citizenship Canada, or IRCC, to report data that the government does not currently collect. That would place an additional burden on the government and taxpayers by requiring the creation of a new mechanism for Canadians to register the birth of their children abroad. Our approach is to govern effectively, decisively and with respect for Canadian taxpayers' money, not to introduce new red tape.
In closing, I would like to emphasize that Canadian citizenship gives us all a deep sense of belonging to this diverse, democratic, and inclusive country that we are proud to call our own. Our government will continue to protect the value of Canadian citizenship by ensuring that the process remains fair, transparent and based on sound principles. Bill C-3 strikes a necessary balance. It corrects a past injustice to Canadians who were stripped of their citizenship, while ensuring that the future of citizenship by descent is based on genuine ties to our country.
However, amendments proposed by Conservative colleagues have introduced unacceptable and unnecessary requirements that have never been applied to other citizens, making it difficult to meet the substantial connection requirement for individuals seeking to pass on their citizenship, and potentially creating new categories of lost Canadians. I think we should ensure that these amendments are not included in the final version of the bill that will be passed in the House.
In closing, I would like to take this opportunity to remind everyone that, behind the legal and administrative considerations we are discussing today, there are real people with personal stories, life experiences and sincere ties to Canada. We must remember that the decisions we make in this House can shape the destinies of individuals and entire families. Bill C‑3 is based on our government's reasoned, balanced approach that allows us to meet our constitutional obligations while maintaining the integrity of our citizenship.