The government has been given another reprieve—until April 25, 2025—to review this famous "first generation limit" (FGL). This is the third time the Ontario Superior Court has told them, "Take your time, but do something." Basically, in December 2023, the court ruled that the FGL was unfair and unconstitutional. The government's plan, with Bill C-71, is to give Canadian parents born abroad a chance to pass their citizenship on to their children, provided they have lived in Canada for at least three years before the birth or adoption. But now they're dragging their feet, and they've asked for another year on March 13, 2025. We'll know on April 11, 2025, if they get it. In the meantime, Immigration Canada (IRCC) is tinkering with temporary solutions, but it's a bit of a case-by-case basis, and if nothing changes by April 2025, the court could completely ignore the problematic parts of the law. In short, things are stalling, and it seems they're having trouble getting things done or prioritizing.
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What is LPG?
The LPG dates back to 2009. In short, if you were born abroad and your Canadian parent was also born abroad, well, your kid won't automatically have Canadian citizenship. It's as if the government is saying, "Sorry, you're not Canadian enough because you were born somewhere else." If you were born in Canada or naturalized, no problem, your children will have citizenship, even if they're born on the other side of the world. But if you got your citizenship through your parents, then that's a problem. This rule immediately raised eyebrows. It was criticized because it's super strict, worse than previous laws and those of other countries. The government came up with the excuse of "Canadians of convenience"—people who take advantage of their Canadian passport without ever setting foot here, especially after costly evacuations during a crisis. But in trying to avoid this, they also got people who have a real connection to Canada into trouble. As a result, lawyers and politicians cried foul, and it ended in a legal battle.
The clash with the court
In December 2023, the Ontario Superior Court struck down the case. Bjorkquist and Company vs. the GovernmentThey said, "The LPG is unconstitutional, period." Why? Because it discriminates based on where you were born. If your Canadian parents were born abroad, your citizenship is at a discount. The court also noted that it put pregnant women in a terrible predicament—like having to choose where to give birth so their baby is Canadian. This is what they call "intersectional discrimination," a mix of predicaments piling up. So, the court invalidated the rule, but it gave the government a little time to correct its situation. And then, surprise: the government didn't appeal. They know it's a sticking point, and they prefer to work on a new law rather than play cowboy on appeal.
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Bill C-71: A Solution in Sight?
To respond to the court, the government released Bill C-71 in May 2024. The idea is to make an exception to the LPG with a "substantial connection" test. Basically, if you're a Canadian parent born abroad, you can pass your citizenship on to your foreign-born kid, but you have to prove that you lived at least three years (1095 days) in Canada before their birth or adoption. That means you have a real connection to the country, not just a Canadian grandpa who told you stories about maple syrup. This project was also supposed to help "lost Canadians"—those left behind by the LPG. But bam, in January 2025, Parliament shut down (prorogation), and the project was left on ice. We don't know if they'll bring it back later. In short, even with good intentions, things are moving at a snail's pace, and people are left in the dark.
Why so many extensions?
Initially, the court gave them until June 2024 to sort this out. Then they got a bonus until December 19, 2024, and then another until March 19, 2025. Now, it's been pushed back to April 25, 2025. On March 13, 2025, they actually asked for 12 more months! Their excuse? The prorogation of Parliament slowed everything down. On April 11, 2025, they'll have to appear in court and explain why they need even more time. But the court is starting to lose patience—it's already said the current law violates people's rights, so things are likely to get heated.
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| Event | Date |
|---|---|
| Implementation of the first generation limit | 2009 |
| Ontario Superior Court Decision Says LPG Is Not Legal | December 19, 2023 |
| First deadline given to the government to act | June 2024 |
| First extension of the deadline | December 19, 2024 |
| Arrival of Bill C-71 | May 2024 |
| Second extension of the deadline | March 19, 2025 |
| The government is asking for even more time | March 13, 2025 |
| Prorogation of Parliament (everything stops) | January 2025 |
| Upcoming court hearing | April 11, 2025 |
| Third extension of the deadline | April 25, 2025 |
IRCC patches
While waiting for a real law, the IRCC has put in temporary fixes. Some people can apply for citizenship "by special favor." For example, if you were born before December 2023 and the LPG blocked you, you can try your luck, but it's not a priority. If you were born after and your parent lived in Canada for three years, then they'll review your file more quickly. There are also options for people born before 1949 or those who lost their citizenship because of stupid old rules. But be careful, it's not guaranteed—it all depends on the goodwill of the agents. It helps a little, but it's far from being a real solution.
| Band | Born/Adopted | Affected by LPG | Substantial connection test completed | Processing priority |
|---|---|---|---|---|
| Group 1 | Before December 19, 2023 | Yes | Not applicable | No |
| Group 2 | On or after December 19, 2023 | Yes | Yes | Yes |
| Group 3 | Before April 1, 1949 | Yes | Not applicable | No |
| Group 4 | Not applicable | Not applicable | Not applicable | No (citizenship lost due to old retention rules) |
What if the deadline is missed?
If the government messes up on April 25, 2025, and the court says "no" to another extension, things could go either way. Either the court gives them a little more leeway, or it throws the LPG right in the trash. If that happens, there will be no more limits on citizenship by descent—temporarily, eh, until a new law is passed. That would be a game-changer for plenty of people born abroad to Canadian parents. And since the court has already forced the government to pay compensation in the past for missed deadlines, they'd better not hang around.
The “Lost Canadians” and the Fight for Their Rights
The LPG completely ruined the lives of "lost Canadians"—those born abroad to Canadian parents born abroad, who were turned down for citizenship. The government finally admitted it wasn't cool and broke up families. Groups campaigned like crazy to change that, and Bill C-71 was supposed to repair the damage. In the case Bjorkquist, we're talking about families with second-generation kids who work or study in Canada, but who are blocked. And for Canadian mothers abroad, it was the dilemma: "Where do I give birth so my baby is Canadian?" In short, the LPG hurt, especially for women.
In summary, where are we?
The extension to April 25, 2025, leaves everyone in limbo. Bill C-71 and its "substantial connection" test aren't in the bag yet, and the April 11, 2025 hearing will be decisive. If nothing changes, the court could overturn the LPG, and that would be a major upheaval. The IRCC's patchwork is better than nothing, but we need a real law to settle this once and for all. This whole thing is a conundrum between laws, judges, and people's rights. And ultimately, it will define what "being Canadian" really means—and whether Canada truly values equality for all.
