Will Canada update its outdated citizenship law?

April 25, 2025

Ishita Soni

What’s This All About?

There’s a rule in Canada’s Citizenship Act called the First Generation Limit (FGL). It stops some children of Canadian citizens—especially those born outside Canada, from automatically becoming citizens. This law has been causing real problems, and a judge recently gave the government more time to fix it.

Why Is the Law a Problem?

Let’s break it down. If you’re born outside Canada, and your Canadian parent was also born outside Canada, you can’t automatically get Canadian citizenship. That’s because of the FGL. It’s like a wall that blocks citizenship after just one generation born abroad.

So even if your family has been Canadian for generations, you could be “Lost Canadian” just because of where you were born.

What Did the Court Say?

Back in December 2023, the Ontario Superior Court said this law is unconstitutional—meaning it goes against the rights protected by Canada’s Charter of Rights and Freedoms.

The judge gave the federal government six months to fix the law. But that fix still hasn’t happened.

What Was the Government’s Plan?

In response, the government created Bill C-71. It would have made an exception to the FGL for families with a “substantial connection” to Canada—like living in the country for at least three years.

Sounds promising, right? But here’s the twist: Parliament got prorogued (basically paused), and Bill C-71 died before it became law.

What Happened Next?

Since the bill didn’t pass, the government asked the court for more time—again. And on April 22, 2025, the judge gave them until November 20, 2025.

This is actually the fifth time the court has extended the deadline.

What’s Being Done In the Meantime?

To help while everyone waits, the government created interim measures in March 2025. These let affected people apply for citizenship on a case-by-case basis—but it’s not a permanent fix.

What’s Next?

Here’s where it gets interesting: There’s a general election on April 28, so a new government will soon be in place.

Once Parliament returns, the new government will need to introduce a brand-new bill to finally amend the Citizenship Act. The judge made it clear—they have eight months to get it done.

What If They Miss the Deadline?

If the government fails again and the court decides not to give more time, then the court might strike down the problematic part of the law entirely. That means the law would stop working, at least temporarily.

And that could cause confusion and legal messiness—not ideal for anyone.

What Did the Judge Say?

Judge Jasmine Akbarali wasn’t shy in her decision. She said people’s rights are still being violated and that it’s unfair to make them wait forever. Plus, the public has a right to expect Parliament to do its job and fix broken laws.

Get in touch with SPS Global

Receive professional advice on any of your questions regarding Canadian immigration. get in touch with us, experienced immigration consultants from SPS Canada. For additional information, contact support@spscanada.com (Canada) or support.amd@spscanada.com (Ahmedabad), or by phone at (1) 905-362-9393 (Canada) or +919586226232 (Ahmedabad).

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