Lost Canadians
Encyclopedia
Lost Canadians are those individuals who believe themselves to be Canadian citizens, but who lost their citizenship (or hadn't been granted it) through the vagaries of either the current citizenship law or that in force prior to 1977.
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. 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 needs to be resolved. 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.
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People who are citizens when the law came into force did not lose their citizenship as a result of these amendments. The law is retroactive to the time of birth or loss of citizenship, and gives citizenship to:
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to a foreign diplomat, those who renounced their citizenship with Canadian authorities, and those whose citizenship was revoked by the government because it was obtained by fraud.
By not addressing these last Lost Canadians, a new generation of Lost Canadian is being born, like Rachel Chandler, a born-stateless baby born in China which is against the Convention on the Rights of the Child
, of which Canada is a signatory.
Burke is now 66 and faces possible removal as well as losing old age benefits.
. While he had provided evidence to prove his citizenship, Goulet died before it was approved.
Resolution through an amended Citizenship Act
On May 29, 2007, Canadian Minister of Citizenship and Immigration Diane FinleyDiane Finley
Diane Finley, PC, MP is a Canadian politician. She serves as Minister of Human Resources and Skills Development in the cabinet of Prime Minister Stephen Harper. Of the 12 MPs in the Priorities and Planning Committee of cabinet , known as the inner cabinet, she is the only woman...
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. 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 needs to be resolved. 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.
Amended Citizenship Act passes
Bill C-37, which received Royal Assent on April 17, 2008, amends the Citizenship Act to give Canadian citizenship to those who lost or never had it, due to outdated provisions in existing and former legislation. The law came into effect on April 17, 2009, one year following Royal AssentRoyal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
.
People who are citizens when the law came into force did not lose their citizenship as a result of these amendments. The law is retroactive to the time of birth or loss of citizenship, and gives citizenship to:
- 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 became a Canadian on or after January 1, 1947, and who then lost citizenship; and
- Anyone born abroad to a Canadian on or after January 1, 1947, if not already a citizen, but only if they are 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.
Those still left behind
There are still hundreds of Lost Canadians, including War Bride children, children born out of wedlock during the Second World War, and Mennonites who have been refused citizenship by the Canadian government as recently as Christmas Eve 2009. Of the known cases, there are currently 81 remaining Lost Canadians, but this number is shrinking as the Lost Canadians get older and pass away. One such person is Guy Valliere, a Canadian World War II veteran, who after publicly being promised citizenship by Diane Finley, died in February 2009, not receiving his citizenship.By not addressing these last Lost Canadians, a new generation of Lost Canadian is being born, like Rachel Chandler, a born-stateless baby born in China which is against the Convention on the Rights of the Child
Convention on the Rights of the Child
The United Nations Convention on the Rights of the Child is a human rights treaty setting out the civil, political, economic, social, health and cultural rights of children...
, of which Canada is a signatory.
Kasey Neal
Kasey Neal a two and a half year old girl who is being denied citizenship solely because her grandparent was a female Canadian and not a male Canadian. Citizenship and Immigration Canada (CIC) claim that she is not eligible because her parent was at first denied citizenship but later granted citizenship that was retroactive, making Kasey a daughter of a Canadian which ordinarily guarantees citizenship. The Supreme Court of Canada ruled in Benner v. Canada (1997) that children of female Canadians are legally guaranteed all rights and privileges that children of male Canadians receive; however, this unanimous court decision is being ignored by CIC. 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.Priscilla Corrie
In September 2010, Priscilla Corrie (87), a war bride was denied a Canadian passport, but has received passports in the past. She is also on Old Age Pension and Canadian Pension Plan and came to Canada when she was 20.Sandra Burke
Burke came to Canada at six years of age with her Canadian father after her American mother died. He then abandoned her, and she was claimed by her paternal grandmother who raised Sandra in Toronto and P.E.I. The entry documents to Canada have long since disappeared, and as of September 2010 Citizenship and Immigration Canada refuses to search their archives.Burke is now 66 and faces possible removal as well as losing old age benefits.
Notable "Lost Canadians"
One notable lost Canadian was Robert GouletRobert Goulet
Robert Gerard Goulet was a Canadian American entertainer as a singer and actor. He played the role of Lancelot in the Broadway musical Camelot of 1960.-Early life:...
. While he had provided evidence to prove his citizenship, Goulet died before it was approved.