On February 25, 2016, the Liberal Government of Canada introduced Bill C-6, An Act to Amend the Citizenship Act and to make consequential amendments to another Act (“Bill C-6”).  Bill C-6 was highly anticipated as during the 2015 election campaign the Liberal Party of Canada (the “Liberals”) made repealing portions of the then Conservative Government of Canada’s Bill C-24, The Strengthening Canadian Citizenship Act, one of the key pillars of their election platform.  Specifically, the Liberals promised to repeal the provisions of Bill C-24 that provided the Canadian government the ability […]

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Any Canadian citizen may apply for a citizenship certificate. The application package can be found on the Citizenship and Immigration Canada (“CIC“) website here. The current standard processing time is 5 months.  If someone lives outside Canada or the United States, and has applied through a Canadian embassy, high commission or consulate, it may take  an additional 2 to 4 months beyond the estimated processing times to process your application.  The CIC website does list ways to expedite processing. We have below reproduced CIC’s internal master checklist for citizenship certificate applications in the hopes that this […]

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Until recently, the Government of Canada adopted a very aggressive approach regarding the initiation of cessation applications against permanent residents who are protected persons. The reason is because since 2012 people who lose their protected person status for any of the following reasons also lose their permanent resident status: the person has voluntarily re-availed himself or herself of the protection of their country of nationality; the person has voluntarily reacquired their nationality; the person has acquired a new nationality and enjoys the protection of that new nationality; and the person has voluntarily […]

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Some of the more controversial sections of Bill C-24, The Strengthening Canadian Citizenship Act (“Bill C-24”), are its revocation provisions. Bill C-24 will create a new s. 10(2) of the Citizenship Act which will state that: Revocation by Minister — convictions relating to national security (2) The Minister may revoke a person’s citizenship if the person, before or after the coming into force of this subsection and while the person was a citizen,(a) was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high […]

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The authors of Free People Search have posted the following graphic on their website which provides a useful overview of numerous countries’ “citizenship by descent” law. A previous post of mine which discusses the limitations on citizenship by descent in Canada can be found here.

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On February 6, 2014 the Government of Canada introduced Bill C-24, The Strengthening Canadian Citizenship Act. If passed, Bill C-24 will significantly change the requirements for Canadian citizenship.  Prospective citizenship applicants who may not meet the new requirements once Bill C-24 passes are encouraged to apply for Canadian citizenship as soon as possible.  The new residency provisions described below will come into effect on June 11, 2015. The following is a summary of the main changes that the Government of Canada is introducing. Residence and other Basic Requirements Under Canada’s current system, a […]

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On September 20, 2013, Justice Edward Morgan of the Ontario Superior Court of Justice (the “ONSC“) released his decision in McAteer et al v. Attorney General of Canada, 2013 ONSC 5895 (“McAteer“).  McAteer involved a constitutional challenge to the citizenship oath requirement on the grounds that the requirement violates the constitutional protections of freedom of expression, freedom of religion, and equality that are  found in The Canadian Charter of Rights and Freedoms (the “Charter“).  Ultimately, while the ONSC determined that the citizenship oath requirement does indeed violate s. 2(b) of the Charter‘s right to freedom of expression, the […]

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New Language Requirements for Citizenship and PNP Applications Citizenship and Immigration Canada (“CIC”) has introduced new language requirements for citizenship applications and certain provincial nominee applications.  For citizenship applications, the changes will introduce objective language requirements for most applicantions.  For certain provincial nominee program (“PNP”) applications, the changes will introduce mandatory language testing. The Citizenship Langugage Requirements   Applicants for Canadian citizenship are required to demonstrate that they have an adequate knowledge of either English or French.  Currently, this is done through a multiple choice written test known as the Citizenship […]

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Wilfred Laurier on Immigration [Updated – Correction]

The above picture of Wilfred Laurier, a former Prime Minister of Canada and member of the Liberal Party of Canada, is currently making the rounds on the internet accompanied by his famous passage: In the first place, we should insist that if the immigrant who comes here in good faith becomes a Canadian and assimilates himself to us, he shall be treated on an exact equality with everyone else, for it is an outrage to discriminate against any such man because of creed, or birthplace, or origin. But this is predicated […]

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The subject unreasonable delays often arise in the immigration context.  In one case that I was previously involved with, an individual was in Canada for 11-years before the Canada Border Services Agency expressed concerns that he might be inadmissible to Canada for previous involvement in a group accused of terrorism.  In another case, an individual who had been in and out of Canada numerous times was suddenly denied entry to Canada because of a criminal conviction that occurred eight years ago.  In both cases, the client asked whether the delay amounted to an […]

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