Lost Canadians

From Wikipedia, the free encyclopedia
Jump to: navigation, search
Canadian citizenship
This article is part of a series
Immigration
Immigration to Canada
History of immigration to Canada
Economic impact of immigration
Canadian immigration and refugee law
Immigration Act, 1976
Immigration and Refugee Protection Act
Permanent residency
Temporary residency
Permanent Resident Card
Canadian nationality law
History of nationality law
Citizenship Act 1946
Citizenship Test
Oath of Citizenship
Agencies
Citizenship and Immigration Canada
Passport Canada
Citizenship classes
Honorary citizenship
Commonwealth citizen
Issues
Lost Canadians
"Canadians of convenience"
Demographics of Canada
Canadians
Population by year
Ethnic origins

Lost Canadians are those individuals who have believed themselves to be Canadian citizens or to be entitled to citizenship, but who have not been officially considered citizens due to particular aspects or interpretations of the citizenship law.[1][2][3][4][5][6]

Lost Citizenship[edit]

Some types of persons who would not have Canadian citizenship under the 1946 citizenship laws included the following:[7]

  1. Someone whose father became a citizen of another country while he was a child.[8]
  2. Someone born in another country who did not live in Canada on his 24th birthday.
  3. A "war bride" who was never naturalized.
  4. A war bride's child who never was naturalized.
  5. A second-generation born-abroad Canadian who didn't assert citizenship by his 28th birthday.
  6. An unregistered "border baby" - a person with Canadian parents who were born in U.S. hospitals and not registered.
  7. In certain circumstances, having a connection to Canada involving descent through a woman rather than a man.
  8. Someone born out of wedlock.
  9. A "war brat" - a person born to a military service member outside of Canada.
  10. A woman who married a non-Canadian before 1947.
  11. A child of a woman who married a non-Canadian before 1947, regardless of whether that child was born or lived in Canada.
  12. A person who took citizenship of another country before 1977.

In most cases, the Lost Canadians were never aware that they weren't citizens until they applied for government pensions or attempted to receive healthcare.[7]

Amended Citizenship Act passage in 2008[edit]

On May 29, 2007, Canadian Minister of Citizenship and Immigration Diane Finley (PC) announced her proposal to amend the Citizenship Act. Under the proposal, anyone naturalized in Canada since 1947 would have citizenship even if they lost it under the 1947 Act. Also, anyone born since 1947 outside the country to a Canadian mother or father, in or out of wedlock, would have citizenship if they are the first generation born abroad.[9] Appearing before the Standing Committee on Citizenship and Immigration, Finley asserted that as of May 24, 2007, there were only 285 cases of individuals in Canada whose citizenship status needed to be resolved.[10] Under the proposed legislation, anyone born before 1947 to a Canadian citizen abroad would be dealt with on a case-by-case basis; such individuals would have to apply for a ministerial permit.[11]

Bill C-37, which received Royal Assent on April 17, 2008, amended the Citizenship Act to give Canadian citizenship to those who lost or never had it due to certain provisions in existing and former legislation.[12] The law came into effect on April 17, 2009, one year following Royal Assent.[13]

People who were citizens when the law came into force did not lose citizenship as a result of these amendments. The law was made retroactive to the time of birth or loss of citizenship, and gave citizenship to the following categories of people:

  • People who became citizens when the first citizenship act took effect on January 1, 1947 (including people born in Canada prior to 1947 and war brides) and who then lost their citizenship;
  • Anyone who was born in Canada or had become a Canadian citizen on or after January 1, 1947, and had then lost citizenship; and
  • Anyone born abroad to a Canadian citizen mother on or after January 1, 1947, if not already a citizen, but only if they were the first generation born abroad.

The exceptions are those born in Canada to a foreign diplomat, those who renounced their citizenship with Canadian authorities, and those whose citizenship was revoked by the government because it was obtained by fraud.

Cases not resolved by the modified law[edit]

As of 2009, there are still some people who are sometimes referred to as Lost Canadians, including some children of war brides, children born out of wedlock during the Second World War, and Mennonites who have been refused citizenship by the Canadian government.[14] As of 21 October 2009, there were currently 81 people who are asserted to be such cases,[citation needed] but this number is shrinking as the remaining people in this category die off. One person who died while waiting for citizenship (in February 2009) was Guy Valliere,[15][16] a World War II veteran who had been publicly promised citizenship by Diane Finley.[17]

Kasey Neal[edit]

Kasey Neal is a two and a half year old (in 2010) girl who was denied citizenship because her grandparent was a female Canadian rather than a male Canadian. Citizenship and Immigration Canada (CIC) claimed that she is not eligible because her parent was at first denied citizenship and then was later granted retroactive citizenship (which would seem to make her the daughter of a Canadian and thus ordinarily guarantee citizenship). The Supreme Court of Canada ruled in Benner v. Canada (1997) [18] that children of female Canadians are legally guaranteed all rights and privileges that children of male Canadians receive; however, this court decision was not interpreted by the CIC in favour of her case for citizenship.[19] This denial of citizenship is being brought before judicial review and could lead to a class-action lawsuit if the Supreme Court's decision is ignored by CIC.[citation needed]

Priscilla Corrie[edit]

In September 2010, Priscilla Corrie (87), a "war bride", was denied a Canadian passport despite having received passports in the past and despite being on Old Age Pension and Canadian Pension Plan and having come to Canada when she was 20.[20] Her passport was issued later that year, after the government was forced to act due to media coverage of the incident in the Vancouver Sun newspaper.[21][22]

Sandra Burke[edit]

Sandra Burke is a woman who came to Canada at six years of age with her Canadian father after her American mother died.[citation needed] He then abandoned her, and she was raised by her paternal grandmother in Toronto and P.E.I.[citation needed] She has been unable to produce copies of her entry documents to Canada, and as of September 2010, the Citizenship and Immigration office of Canada has refused to search their archives.[citation needed]

In 2010, Burke was 66 and was facing possible removal as well as losing old age benefits.[23]

Jackie Scott[edit]

The daughter of a Canadian soldier and a British-born mother naturalized as a Canadian citizen in 1955, Jackie Scott was refused a citizenship card in 2005. She was born while her father was stationed in England during the war in 1945; her parents were unmarried at the time.[24] In 2013, Jackie Scott took her case to the courts to seek judicial review of her exclusion.[25][26]

New "Lost Canadians"[edit]

Bill C-37, which attempted to address the original phenomenon, included a provision that natural-born Canadian citizens who were born outside Canada could not pass citizenship to their children born outside the country. This in turn has led to the potential creation of a new group of "Lost Canadians", with one notable example being Rachel Chandler, born in China to a Libya-born son of Canadian parents and a Chinese woman. Because her parents' marriage was not recognized by China at the time of her birth, she was not granted citizenship by China, and because she was born after Bill C-37 took effect, her father could not pass on his Canadian citizenship to her. This apparently rendered her stateless (which is against the Convention on the Rights of the Child, of which Canada is a signatory).[27] However, Chandler now holds an Irish passport; she was entitled to Irish citizenship through her Irish-born paternal grandfather.[28]

John Nicolas Fortin-Rodriguez of Magog, Quebec, born in México in 2011 to Patrick Fortin (himself born abroad, a son of a Canadian soldier posted to CFB Lahr in Cold War-era West Germany) and Lucero Rodriguez (an immigrant from Mexico to Canada), holds a Mexican passport with a Canadian visa but has been denied his Canadian birthright due to being second generation born abroad.[29]

Notable "Lost Canadians"[edit]

One notable Lost Canadian was Robert Goulet. He had provided evidence to support a claim of citizenship, but he died before it was approved.[30]

Notes[edit]

  1. ^ "450 'lost Canadians' caught in passport glitch: Finley". CBC News. 2007-02-19. 
  2. ^ http://www.cbc.ca/cp/national/070226/n022659A.html.  Missing or empty |title= (help)[dead link]
  3. ^ Maughan, Chris (2007-02-26). "Children of soldiers among 'Lost Canadians'". The Star (Toronto). Retrieved 2010-05-11. 
  4. ^ Dobrota, Alex (2007-02-20). "'Lost' Canadians get citizenship". The Globe and Mail (Toronto). 
  5. ^ Penticton Western News[dead link]
  6. ^ "Manitoba 'border babies' officially become Canadians". CBC News. 2007-02-20. 
  7. ^ a b Don Chapman. "Who Are The Lost Canadians?". lostcanadian.com. Retrieved December 16, 2011. 
  8. ^ "Committee report urges citizenship for 'Lost Canadians'". CBC News. 2007-12-05. Retrieved 2013-01-03. 
  9. ^ "Statement from the Minister of Citizenship and Immigration on Proposed Changes to the Citizenship Act" (Press release). CIC Canada. 2007-05-29. Archived from the original on 2007-06-03. Retrieved 2007-05-30. 
  10. ^ Notes for an Address by The Honourable Diane Finley, P.C., M.P. : Standing Committee on Citizenship and Immigration “Main Estimates and Loss of Citizenship”, Ottawa, Ontario, May 29, 2007 (archived from the original on 2007-06-07).
  11. ^ CTV.ca News Staff (2007-05-29). "Citizenship limbo to end for war bride children". Retrieved 2007-05-30. 
  12. ^ "Legislation to restore citizenship to lost Canadians passes". 2008-04-16. Retrieved 2008-04-24. 
  13. ^ CBCnews.ca News Staff (2008-04-17). "Bill to give citizenship to Lost Canadians passes". CBC News. Retrieved 2008-04-24. 
  14. ^ Terry Milewski (2009-10-22). "Still Lost Canadians Protest". [dead link]
  15. ^ "How Ottawa cheats some Canadians out of citizenship". Vancouver Sun. 2009-03-11. Retrieved 2013-01-03. 
  16. ^ Canadian Senate Hansard (2009-03-04). "Senate Hansard". [dead link]
  17. ^ Canadian Senate Hansard (2009-03-10). "Senate Hansard". 
  18. ^ Lostcanadian.com (1997-02-27). "Supreme Court of Canada - Decisions". [dead link]
  19. ^ Lostcanadian.com (2010-02-07). "Gov't Discriminates against Women". 
  20. ^ "War bride, 87, denied new passport". Vancouver Sun. 2010-09-04. Retrieved 2013-01-03. 
  21. ^ Bramham, Daphne. "War bride finally gets her Canadian passport after years of being denied". Vancouver Sun. Retrieved 2013-01-03. 
  22. ^ "Citizenship battle finally ends, but tangled web of rules remains". Vancouver Sun. 2010-09-13. Retrieved 2013-01-03. 
  23. ^ Vancouver Sun - Are you sure you are Canadian? Can you prove it?[dead link]
  24. ^ Darren Fleet (2010-07-01). "Canada's bureaucracy still denies citizenship to children of soldiers". The Vancouver Observer. Retrieved 2013-01-03. 
  25. ^ "Woman’s long fight to be recognized as a Canadian citizen heads to court". The Star (Toronto). 2013-07-19. 
  26. ^ "Court challenge gives hope to out-of-wedlock children of Canadian soldiers in Second World War | National Post". News.nationalpost.com. 2013-07-22. Retrieved 2014-06-04. 
  27. ^ Vancouver Sun (2009-09-25). "Citizenship Act creates a 'stateless' child". 
  28. ^ Branham, Daphne (October 9, 2010). "Rachel Chandler's status highlights a policy that could see thousands of stateless children born abroad to Canadians". The Vancouver Sun. LostCanadians.org. Retrieved March 13, 2012. 
  29. ^ "Un père canadien de Magog incapable de faire reconnaître la citoyenneté de son bébé". ICI.Radio-Canada.ca. 2014-02-17. Retrieved 2014-06-04. 
  30. ^ TorontoSun.com - Peter Worthington - Goulet was a 'lost Canadian'[dead link]

External links[edit]