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Canadian nationality law

Canadian nationality law details the conditions by which a person is a national of Canada. The primary law governing these regulations is the Citizenship Act, which came into force on February 15, 1977 and is applicable to all provinces and territories of Canada.

Citizenship Act
Loi sur la citoyenneté
Parliament of Canada
  • An Act respecting citizenship
CitationRSC 1985, c. C-29
Territorial extentCanada
Enacted by30th Canadian Parliament
Commenced15 February 1977
Administered byImmigration, Refugees and Citizenship Canada
Repeals
Canadian Citizenship Act, 1946
Status: Amended

With few exceptions, almost all individuals born in the country are automatically citizens at birth. Foreign nationals may naturalize after living in Canada for at least three years while holding permanent residence and showing proficiency in the English or French language.

Canada is composed of several former British colonies whose residents were British subjects. After Confederation into a Dominion within the British Empire in 1867, Canada was granted more autonomy over time and gradually became independent from the United Kingdom. Although Canadian citizens have no longer been British subjects since 1977, they continue to hold favoured status when residing in the UK. As Commonwealth citizens, Canadians are eligible to vote in UK elections and serve in public office there.

History edit

Fragmented development edit

European settlement of North America began with the arrival of the first colonists from England and France in the 16th century. The rival empires competed to expand their territorial control until British victory in the Seven Years' War and annexation of French Canada in 1763.[1] Despite the loss of the Thirteen Colonies in 1783,[2] British presence on the continent continued to expand through the 19th century, often in contest with the United States as the two powers raced to settle the Pacific Northwest.[3] British nationality law applied to the North American colonies, as was the case elsewhere in the British Empire. Residents of these colonies and all other imperial citizens were British subjects; any person born in British North America, the United Kingdom, or anywhere else within Crown dominions was a natural-born British subject.[4]

British nationality law during this time was uncodified and did not have a standard set of regulations,[5] relying instead on precedent and common law.[6] Until the mid-19th century, it was unclear whether naturalization rules in the United Kingdom were applicable in other parts of the Empire. Each colony had wide discretion in developing their own procedures and requirements for admitting foreign settlers as subjects.[7]

Naturalization in Britain was achieved through individual Acts of Parliament until 1844, when a more streamlined administrative process was introduced. The North American colonies emulated this system in their own naturalization legislation, which was enacted in all local legislatures by 1868.[8] In 1847, the Imperial Parliament formalised a clear distinction between subjects who naturalized in the UK and those who did so in other territories. Individuals who naturalized in the UK were deemed to have received the status by imperial naturalization, which was valid throughout the Empire. Those naturalizing in colonies were said to have gone through local naturalization and were given subject status valid only within the relevant territory;[9] a subject who locally naturalized in British Columbia was a British subject there, but not in England or New Zealand. Nevertheless, locally naturalized British subjects were still entitled to imperial protection when travelling outside of the Empire.[10]

Married women generally followed the nationality status of their husbands. Upper Canada enacted local legislation in 1849 that automatically naturalized foreign women who married British subjects, mirroring regulations enacted in the UK in 1844. After Britain established marital denaturalization for British subject women who married non-British men in 1870, Canada adapted its rules to match this in 1881.[11] The 1870 regulations provided that any British subject who acquired a foreign nationality automatically lost subject status.[12]

Post-confederation policies edit

On July 1, 1867, three British North American colonies (the Province of Canada, New Brunswick, and Nova Scotia) united to form the Dominion of Canada.[13] The status of Canadians as British subjects remained unchanged despite the creation of this federation.[14] Federal nationality legislation enacted in 1868 superseded laws of the new provinces; naturalization in one of the provinces became automatically valid in all of them.[15][16] Foreigners were able to naturalize as British subjects in Canada after residing in the Dominion for at least three years, fulfilling a good character requirement, and swearing an oath of allegiance.[17] By 1880, Britain had transferred all of its remaining North American territory to Canada except Newfoundland Colony,[18] which became a separate Dominion in 1907.[19]

The first law defining a "Canadian citizen" is the Immigration Act, 1910.[20] A citizen under this definition did not hold a substantive Canadian citizenship and the term was only a label for those who had the right to enter and remain in Canada; Canadians continued to be British subjects. Under the Act, a Canadian "citizen" was any person born in Canada who had not denaturalized, a British subject domiciled in Canada for at least three years, or an individual naturalized in Canada who had not since lost British subject status and remained permanently resident in the Dominion.[21]

Discriminatory policies against Asian migrants edit

Chinese immigration to Canada began in the 1850s during the British Columbia gold rushes. Growing hostility and anti-Chinese sentiment led to a concerted movement within the Legislative Assembly of British Columbia to restrict Chinese immigration. The provincial legislature attempted to discourage this migration with the Chinese Regulation Act of 1884, imposing an annual $10 fee on every Chinese person resident in the province and a $100 fine on recreational opium use. However, the law was struck down by the Supreme Court of British Columbia for legislating on issues beyond the scope of the provincial government. Laws directly restricting Chinese immigration were passed by the legislature in 1884 and 1885 but similarly struck down by orders in council. Fearing open violence if the situation were to continue, the federal government enacted the Chinese Immigration Act, 1885, which limited the number of Chinese migrants who could land in Canada to one per 50 tons of cargo and imposed a $50 head tax on every Chinese person who entered the Dominion. These measures also applied to British subjects of Chinese ancestry, but not those who were already resident in Canada. The entrance tax was increased to $100 in 1900 and to $500 in 1903.[22]

When Japanese migrants started entering British Columbia in large numbers beginning in 1901, the local legislature attempted to legislate restrictions on this movement, but these measures were again struck down by the federal government in 1902, 1905, and 1907. Treaty obligations stemming from the Anglo-Japanese Alliance made total restriction impossible but the Dominion was able to limit Japanese migration to Canada in most cases with agreement from the Japanese government. Only individuals with government-approved work contracts, agricultural laborers for Japanese-owned farms, returning residents, and domestic workers for Japanese residents would be allowed entry.[23]

Migration from India was also limited beginning in 1908, despite the fact that Indians were British subjects. Any person who landed in Canada from a country other than that of their birth or citizenship could be denied entry into the Dominion. Because there was no direct steamship service from India, this measure directly limited persons from India.[24] Similar measures were created targeting British subjects from Hong Kong.[25] All "Asiatic immigrants" were required beginning in 1908 to hold at least $200 of currency to enter Canada. The 1910 Immigration Act further enabled the federal government to limit the entrance of "immigrants belonging to any race deemed unsuited to the climate or requirements of Canada".[24]

Imperial common code edit

The Imperial Parliament brought regulations for British subject status into codified statute law for the first time with passage of the British Nationality and Status of Aliens Act 1914. British subject status was standardised as a common nationality across the Empire. Dominions that adopted this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalization.[26][27] A Dominion could define a citizenship for its own citizens, although that status would only be effective within the local Dominion's borders.[28] Canada adopted the common code in 1914, and Newfoundland in 1916.[29]

The 1914 regulations codified the doctrine of coverture into imperial nationality law, where a woman's consent to marry a foreign national was also assumed to be intent to denaturalise; British women who married foreign men automatically lost their British nationality. There were two exceptions to this: a wife married to a husband who lost his British subject status was able to retain British nationality by declaration, and a British-born widow or divorcée who had lost her British nationality through marriage could reacquire that status without meeting residence requirements after the dissolution of her marriage.[30] Minor children whose parents voluntarily lost British subject status by renunciation or acquiring a foreign nationality were considered to have automatically British nationality as well, but could resume their status as British subjects by declaration within one year of reaching age 21.[31]

Canada became an independent member of the League of Nations and the Permanent Court of International Justice in 1920. Each country was able to nominate a candidate to be a judge on this court. It would have been possible for a successful Canadian candidate, as a British subject, to be turned down from the court if a British subject from Australia or another part of the Empire was also selected as a judge. The Canadian Nationals Act, 1921 was enacted to allow Canada to differentiate its own nationals in international bodies. Under this law, a Canadian national was any British subject who qualified as a Canadian citizen under the Immigration Act, 1910.[32]

By the end of the First World War, the Dominions had exercised increasing levels of autonomy in managing their own affairs and each by then had developed a distinct national identity. Britain formally recognised this at the 1926 Imperial Conference, jointly issuing the Balfour Declaration with all the Dominion heads of government, which stated that the United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations. Full legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931.[33]

Women's rights groups throughout the Empire pressured the imperial government during this time to amend nationality regulations that tied a married woman's status to that of her husband.[34] Because the British government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a strong constitutional link to them through the common nationality code, it was unwilling to make major changes without unanimous agreement among the Dominions on this issue, which it did not have.[35] Imperial legal uniformity was nevertheless eroded during the 1930s; New Zealand and Australia amended their laws in 1935 and 1936 to allow women denaturalized by marriage to retain their rights as British subjects, and Ireland changed its regulations in 1935 to cause no change to a woman's nationality after her marriage.[36] Canada partially reformed its rules on martial denaturalization in 1932; women who had not acquired foreign nationality on marriage were permitted to retain their British nationality.[37]

Canadian citizenship created edit

 
Prime Minister William Lyon Mackenzie King is presented with his citizenship certificate by Chief Justice Thibaudeau Rinfret after becoming the first Canadian citizen in 1947.

Following the Second World War, growing assertions of local national identity separate from that of Britain and the Empire led the Canadian government to develop a new substantive citizenship status based on a purely Canadian idea of nationhood.[38] This was created with passage of the Canadian Citizenship Act, 1946, which came into force on January 1, 1947. All British subjects who were born, naturalized, or resident for at least five years in Canada automatically acquired Canadian citizenship on that date. British subjects born to a father who himself was born or naturalized in Canada. Women no longer automatically took the nationality of their husbands when they married, but any British subject woman who was already married to someone qualifying as a Canadian citizen when the 1946 Act came into force automatically acquired citizenship on that date. Minor children born overseas to a Canadian father or unmarried Canadian mother who had already been admitted into Canada also automatically became Canadian citizens. All citizens of Canada and any other Commonwealth country remained defined as British subjects under this Act.[39] The Act later became applicable in Newfoundland when it joined Canada in 1949.[40]

All other noncitizens could acquire citizenship by naturalization after fulfilling a general residence requirement and demonstrating proficiency in English or French. Candidates must have continuously resided in Canada for one year immediately preceding an application. Wives of Canadian citizens had no further residence requirement, but all other applicants were additionally required to have been resident in the country for at least four of the preceding six years, for a total requisite period of five years. Applicants who had been domiciled in Canada for at least 20 years were exempted from the language requirement. Successful completion of the naturalization process was dependent on the outcome of an interview with a citizenship judge to verify an applicant's background and fulfillment of the citizenship requirements. Non-local British subjects applying for naturalization were not subject to this judicial requirement.[41]

Provisions for automatic loss of citizenship edit

Children born abroad to a Canadian father or unmarried Canadian mother after the 1946 Act came into force were eligible to became Canadian citizens, provided that their births were registered at a Canadian diplomatic mission within two years. On reaching age 21, these individuals were required to make a formal declaration of their intention to retain Canadian citizenship within one year. If they had acquired nationality of another country by birth or at any point as a minor, they were also required to renounce their other nationalities. Eligible minor children who had not already lawfully entered Canada when the Act became effective were subject to the same conditions for retaining Canadian citizenship on reaching age 21.[42] The time limit to make a declaration of citizenship retention was later extended from one year to three years, before an applicable person's 24th birthday. Alternatively, they would also remain citizens if they were domiciled in Canada on reaching age 24.[43]

Canadian citizens residing overseas who voluntarily acquired a foreign nationality other than through marriage automatically lost their Canadian citizenship. Canadians who became foreign nationals by marriage, who held another nationality by birth, or had otherwise become foreign nationals as minors could retain Canadian citizenship unless they made a formal declaration of renunciation. The 1946 Act further contained extensive measures for revoking citizenship from Canadians who were not natural-born. Individuals who became domiciled outside of Canada for six years, showed disloyalty to the monarch, obtained naturalization through fradualent means, or traded with an enemy nation during a time of war were liable to have their citizenship revoked. Honorably discharged former service members of the Canadian Armed Forces were exempt from the six-year overseas residence limit.[44] The maximum period of absence from Canada was extended to 10 years in the 1950s and later repealed in 1967.[45]

Reform and abolition of British subject status edit

The creation of Canadian citizenship unilaterally broke the system of a common imperial nationality. Combined with the approaching independence of India and Pakistan in 1947, comprehensive reform to imperial nationality law was necessary at this point to address ideas that were incompatible with the previous system.[46] The British Nationality Act 1948 abolished the common code and each Commonwealth country would enact legislation to create its own nationality. British subject was redefined to mean any citizen of a Commonwealth country. Commonwealth citizen is defined in this Act to have the same meaning. British subject/Commonwealth citizen status co-existed with the citizenships of each Commonwealth country.[47] The change in naming indicated a shift in the base idea of British subject status; allegiance to the Crown was no longer a requirement to possess the common status, which would be maintained by voluntary agreement among the various members of the Commonwealth.[48] Irish citizens were treated as if they were British subjects, despite Ireland's exit from the Commonwealth in 1949.[49]

All British subjects under the reformed system initially held an automatic right to settle in the United Kingdom and Ireland.[50][51] Non-white immigration into the UK was systemically discouraged, but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration.[52] In response, the British Parliament imposed immigration controls on any subjects originating from outside the British Islands with the Commonwealth Immigrants Act 1962.[53] Ireland had continued to allow all British subjects free movement despite independence in 1922 as part of the Common Travel Area arrangement, but moved to mirror Britain's restriction in 1962 by limiting this ability only to people born on the islands of Great Britain or Ireland.[54][51] Britain somewhat relaxed these measures in 1971 for patrials, subjects whose parents or grandparents were born in the United Kingdom,[53] which gave effective preferential treatment to white Commonwealth citizens.[55]

As a sign of Canada's changing relationship with Britain, British subjects lost voting eligibility for federal elections in 1975. Provincial governments progressively phased out this entitlement until it was fully abolished in 2006.[56] Preferences that were afforded to non-local British subjects in the naturalization process were abolished in 1977. British subject status itself was removed from Canadian law in that year as well, although Canadians and citizens from other Commonwealth countries remain defined as Commonwealth citizens.[57]

By the 1970s and 1980s, most colonies of the British Empire had become independent and remaining ties to the United Kingdom had been significantly weakened. The UK itself updated its nationality law to reflect the more modest boundaries of its remaining territory and possessions with the British Nationality Act 1981,[58] which redefined British subject to no longer also mean Commonwealth citizen. Canadian citizens remain Commonwealth citizens in British law and are still eligible to vote and stand for public office in the UK.[59]

Expanding access to citizenship edit

The Citizenship Act 1977 expanded the available pathways to citizenship and allowed more situations to retain it. The retention requirement was abolished for individuals born overseas to natural-born or naturalized Canadians, and any applicable person who had not yet reached age 24 at that point was no longer required to make a declaration of retention;[60] individuals born after February 1953 have not been subject to this requirement. Births overseas also no longer needed to be registered within two years to maintain eligibility for Canadian citizenship.[61] However, persons born abroad to Canadian parents who themselves were born abroad became subject to a retention requirement before age 28. The general residence requirement for acquiring citizenship was reduced to three years and remaining gender imbalances were removed from nationality regulations; citizenship has been transferrable by descent to children through mothers as well as fathers regardless of marital status since 1977. Additionally, automatic denaturalisation of Canadians acquiring foreign nationalities was repealed.[60]

As part of a 1988 agreement with the Japanese Canadian community in compensation for their internment during the Second World War, any individual of Japanese ancestry who was expelled from Canada or had their citizenship revoked between 1941 and 1949 was eligible for a special restoration of citizenship. This right to citizenship also extended to the descendants of applicable persons.[62] The requirement for an interview with a citizenship judge in the naturalization process was largely replaced by the Canadian Citizenship Test in 1995. Applicants who failed this test are still required to be interviewed by a judge, although the rate of successfully passing the test is over 90 percent.[63]

Naturalization requirements became more stringent in 2014, after passage of the Strengthening Canadian Citizenship Act. The general residence requirement was increased to a minimum of four of the preceding six years and applicants became required to be physically present in Canada for at least 183 days per year. The age range for candidates mandated to take citizenship and language tests was broadened to include all individuals aged 14 to 64 (previously 18 to 54) and the language requirement itself became stricter. While candidates were previously screened for language knowledge through their ability to pass the citizenship test, naturalization candidates became required to attain a level 4 rating in a Canadian Language Benchmark evaluation.[64]

Restoration of involuntarily lost citizenship edit

When the 1977 Act was enacted, a provision was included that allowed children born abroad to unmarried Canadian mothers (but not fathers) who had not had their births registered within two years an extension to that deadline to register as Canadian citizens. In the 2004 Federal Court case Augier v Canada (Minister of Citizenship and Immigration), it was ruled that the exclusion of children born to unmarried Canadian fathers infringed upon rights of equality granted by the Canadian Charter of Rights and Freedoms. Individuals born abroad to unmarried Canadian fathers before 1977 could apply for citizenship during a limited application period that ended on August 14, 2004. Citizenship granted through this process was not retroactive from birth and was only applicable from the date it was granted.[65]

Following the 2007 implementation of the Western Hemisphere Travel Initiative, Canadian citizens became required to hold Canadian passports when crossing the Canada–United States border. When applying for passports, a large number of individuals who believed themselves to be citizens discovered that they did not actually hold Canadian citizenship due to previous provisions concerning automatic loss under the 1946 Act. Legislation enacted in 2009 addressed this issue by restoring citizenship to specific categories of individuals who had involuntarily lost that status. This group of affected people became known as the Lost Canadians. Citizenship was restored to any person who: had naturalized as a Canadian citizen but resided overseas for more than 10 years before 1967, had acquired foreign nationality through their own or a parent's naturalization, had been born abroad to an applicable parent (married Canadian father or unmarried Canadian mother) before 1977 and did not have their birth registered with Canadian authorities or failed to apply for citizenship retention before age 24, or had been born abroad to a Canadian parent who themself was born abroad after 1977 but failed to apply for retention before age 28. Any person born abroad to a Canadian parent in the second or subsequent generations after the 1977 Act came into force but had not yet reached age 28 on 17 April 2009 was able to retain Canadian citizenship without application. However, citizenship has not been transferrable by descent past the first generation born abroad since that date.[66]

Further changes became effective in 2015 that granted Canadian citizenship to certain groups of individuals who had never become citizens and their descendants. Canadian citizenship was granted to individuals who: were born or naturalized in Canada but lost British subject status before the 1946 Act came into force, were non-local British subjects ordinarily resident in Canada but did not qualify as Canadian citizens when that status was created, were born outside Canada in the first generation to a parent in either of the preceding categories, were born outside Canada in the first generation to a parent who did become a Canadian citizen when the 1946 Act became effective but who themself did not acquire citizenship, or were a foreign-born adoptee who was adopted before 1947 by a parent who became a Canadian citizen and who qualified to pass citizenship by descent. Any person who voluntarily renounced British subject status or had it revoked did not qualify to receive citizenship by this special grant.[67]

Acquisition and loss of citizenship edit

Entitlement by birth, descent, or adoption edit

Nearly all individuals born in Canada receive Canadian citizenship by birth,[68] including those who were born in Canadian airspace, internal and territorial waters,[69] and Canadian-registered ships and aircraft.[70] The only exceptions are children born to two foreign parents with at least one who is employed by a foreign government, an employee of a foreign government, or an organization with diplomatic immunity.[71] Abandoned children found before the age of seven are assumed to have been born in Canada, unless contrary evidence is found within seven years of discovery.[72]

Children born overseas are Canadian citizens by descent if either parent is a citizen otherwise than by descent (meaning by birth in Canada or naturalization). Citizenship by descent is limited to only one generation born outside of the country,[73] other than children or grandchildren of members of the Canadian Armed Forces.[74] Adopted children are treated as if they were naturally born to the adopting parents and are subject to the same regulations regarding birthplace and descent.[75][76]

Naturalization edit

 
New citizens taking the oath of citizenship at a 2019 citizenship ceremony

Foreign permanent residents or status Indians over the age of 18 may become Canadian citizens by grant after residing in Canada for more than three years.[77][78] Candidates must be physically present in the country for at least 1,095 days during the five-year period immediately preceding their applications.[77] This requirement may be partially met by time spent within the country before acquiring permanent residency; applicants may count each day within the preceding five-year period that they were present in Canada as a temporary resident or protected person as half a day of physical presence for this condition, up to a maximum of 365 days.[79]

Applicants must have filed income taxes for three of the preceding five years,[80] and those between the ages of 18 and 54 must additionally demonstrate proficiency in either the English or French language and pass the Canadian Citizenship Test.[81] Minor children under the age of 18 who have a Canadian parent or are naturalizing at the same time as a parent are not required to fulfill the physical presence or tax filing requirements, but those applying separately are subject to those conditions.[82] Successful applicants over the age of 14 are required to take an oath of citizenship.[83]

Permanent residents in the Canadian Armed Forces may alternatively fulfill the physical presence requirement with 1,095 days of completed military service during the preceding six-year period.[84] Foreign military servicemembers attached to the CAF with an equivalent amount of completed service time are exempt from holding permanent residence or filing income taxes.[85] Stateless individuals under the age of 23 who were born overseas to at least one Canadian citizen after 17 April 2009 and meet the 1,095-day physical presence requirement for a four-year period may also be granted citizenship.[86]

The Minister of Immigration, Refugees and Citizenship has discretionary power to waive language and citizenship test requirements for any candidates in compassionate circumstances, and the citizenship oath requirement for applicants with mental disabilities. The Minister also may grant citizenship extraordinarily without any requirements to persons who are stateless, subject to "special and unusual hardship", or have made exceptional contributions to the country.[87] These atypical grants have been conferred more than 500 times since 1977, often on athletes competing for Canada internationally.[88] The Parliament of Canada occasionally bestows honorary Canadian citizenship on exceptional foreigners, but this distinction is symbolic and does not grant awarded individuals substantive rights in Canada.[89]

Before 2015, the physical presence requirement was 1,095 days within a four-year period. Between 17 June 2015 and 11 October 2017, this was extended to 1,460 days within a six-year period, with an additional presence requirement of 183 days per year in four of those six years. Time spent within the country as a non-permanent resident was not counted toward the stricter presence requirements. The age range of applicants subject to language and citizenship tests during this regulatory period was between the ages of 14 and 65.[90]

Renunciation and revocation edit

Canadian citizenship can be relinquished by applying for renunciation, provided that the applicant already possesses or will possess another nationality.[91] Individuals who automatically acquired citizenship in 2009 or 2015 because of amendments to nationality law in those years have a special route for renunciation that only requires that they are citizens of another country and costs no fees.[92]

Former citizens who renounced their nationality may subsequently apply for nationality restoration, after reacquiring permanent residency and being physically present in Canada for at least 365 days during the two-year period preceding their applications. They must also have filed income taxes for the prior year.[93] Individuals who had their citizenships revoked are ineligible for nationality resumption and must follow the naturalization process instead.[94]

Citizenship may be revoked from individuals who fraudulently acquired it,[95] and renunciations may be similarly rescinded from persons who provided false information during that process.[96][97] The Federal Court holds decision-making power for all revocation cases, except where the individual in question specifically requests the IRCC Minister to make that decision.[97] Additionally, between 28 May 2015 and 19 June 2017, Canadians holding another citizenship who were convicted of treason or terrorism were liable for potential citizenship revocation.[97][98]

Canadian royal family edit

Although the King of Canada primarily resides in the United Kingdom, the sovereign is the physical embodiment of the Canadian state,[99][100] and is therefore considered Canadian.[101] Members of the royal family are personal subjects of the Canadian monarch and not foreigners,[102] but, there is no legal provision that grants them automatic citizenship or residency.[103] The King and other royal family members have occasionally described Canada as "home" and themselves as Canadian.[104][105][106][107]

References edit

Citations edit

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  96. ^ Citizenship Act, RSC 1985, c. C-29, s. 10(1).
  97. ^ a b c "Revocation of citizenship". Immigration, Refugees and Citizenship Canada. 25 July 2013. from the original on 23 June 2021. Retrieved 1 July 2021.
  98. ^ "Changes to the Citizenship Act as a Result of Bill C-6". Immigration, Refugees and Citizenship Canada. 5 February 2018. from the original on 24 August 2021. Retrieved 1 July 2021.
  99. ^ McAteer v. Canada (Attorney General), 2014 ONCA 578 at 51, Court of Appeal (Ontario, Canada)
  100. ^ Lagassé & Baud 2015, p. 238.
  101. ^ Giolla Chainnigh v. Canada (Attorney General), 2008 FC 69 at 14, Federal Court (Canada)
  102. ^ Department of National Defence (1 April 1999). (PDF). Ottawa: Queen's Printer for Canada. pp. 14-3-6, 13-2-1, 13A-1. A-AD-200-000/AG-000. Archived from the original (PDF) on 25 March 2009. Retrieved 23 May 2009.
  103. ^ Austen, Ian (14 January 2020). "For Prince Harry, No Special Treatment in Canada". The New York Times. Retrieved 3 July 2021.
  104. ^ MacLeod, Kevin S. (2008). A Crown of Maples (PDF) (1 ed.). Ottawa: Queen's Printer for Canada. ISBN 978-0-662-46012-1. Retrieved 21 June 2009.
  105. ^ Bousfield, Arthur; Toffoli, Gary (2002). Fifty Years the Queen. Toronto: Dundurn Press. ISBN 1-55002-360-8.
  106. ^ . Canadian Royal Heritage Trust. Archived from the original on 18 April 2008. Retrieved 10 May 2012.
  107. ^ MacLeod 2008, p. 11

General sources edit

Publications edit

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  • Bagnall, Kate; Sherratt, Tim (2021). "Missing Links: Data Stories from the Archive of British Settler Colonial Citizenship" (PDF). Journal of World History. University of Hawaii Press. 32 (2): 281–300. doi:10.1353/jwh.2021.0025.
  • Baldwin, M. Page (October 2001). "Subject to Empire: Married Women and the British Nationality and Status of Aliens Act". Journal of British Studies. Cambridge University Press. 40 (4): 522–556. doi:10.1086/386266. JSTOR 3070746. PMID 18161209. S2CID 5762190.
  • Bloom, Tendayi (2011). "Contradictions in Formal Commonwealth Citizenship Rights in Commonwealth Countries". The Round Table. Taylor & Francis. 100 (417): 639–654. doi:10.1080/00358533.2011.633381. S2CID 154726067.
  • Cole, Douglas (May 1971). "The Problem of 'Nationalism' and 'Imperialism' in British Settlement Colonies". Journal of British Studies. Cambridge University Press. 10 (2): 160–182. doi:10.1086/385614. JSTOR 175353. S2CID 145497201.
  • Evans, J. M. (1972). "Immigration Act 1971". The Modern Law Review. Wiley. 35 (5): 508–524. doi:10.1111/j.1468-2230.1972.tb02363.x. JSTOR 1094478.
  • Girard, Philip (March 2013). "'If two ride a horse, one must ride in front': Married Women's Nationality and the Law in Canada 1880–1950". Canadian Historical Review. University of Toronto Press. 94 (1): 28–54. doi:10.1353/can.2013.0014. S2CID 143578650.
  • Gosewinkel, Dieter (15 April 2008). Nation and Citizenship from the Late Nineteenth Century Onwards: A Comparative European Perspective (PDF) (Report). European Parliament. (PDF) from the original on 27 May 2019. Retrieved 7 August 2021.
  • Hansen, Randall (1999). "The Politics of Citizenship in 1940s Britain: The British Nationality Act". Twentieth Century British History. Oxford University Press. 10 (1): 67–95. doi:10.1093/tcbh/10.1.67.
  • Historical background information on nationality (PDF) (Report). 1.0. United Kingdom: Home Office. 21 July 2017. (PDF) from the original on 29 December 2018. Retrieved 3 April 2019.
  • Huttenback, R.A. (November 1973). "The British Empire as a "White Man's Country" – Racial Attitudes and Immigration Legislation in the Colonies of White Settlement". Journal of British Studies. 13 (1): 108–137. doi:10.1086/385652. JSTOR 175372. S2CID 143685923.
  • Karatani, Rieko (2003). Defining British Citizenship: Empire, Commonwealth and Modern Britain. Frank Cass Publishers. ISBN 0-7146-8298-5.
  • Lagassé, Philippe; Baud, Patrick (2015). "The Crown and Constitutional Amendment in Canada" (PDF). In Lagassé, Philippe; Bédard, Michel (eds.). La Couronne et le Parlement [The Crown and Parliament]. Éditions Yvon Blais. ISBN 978-2-89-730129-3.
  • Lemer-Fleury, Alice (2021). "The Representations of British North America in the British Press after the American Revolution (c. 1783–1815)". Images des Amériques: Fabrique, représentations, usages. Grenoble Alpes University (43): 1–17. doi:10.4000/ilcea.13135.
  • Lloyd, Trevor (1998). "Partition, within, Partition: The Irish Example". International Journal. SAGE Publishing. 53 (3): 505–521. doi:10.2307/40203326. JSTOR 40203326.
  • Maas, Willem (July 2015). Report on access to electoral rights: Canada (Report). European University Institute. hdl:1814/36495.
  • Macklin, Audrey (2021). "A Brief History of the Brief History of Citizenship Revocation in Canada". The Manitoba Law Journal. The University of Alberta Press. 44 (1): 425–455. from the original on 16 February 2023. Retrieved 13 April 2023.
  • Mansergh, Nicholas (1952). "Ireland: The Republic Outside the Commonwealth". International Affairs. Oxford University Press. 28 (3): 277–291. doi:10.2307/2607413. JSTOR 2607413.
  • McKay, James (2008). "The Passage of the 1962 Commonwealth Immigrants Act, a Case-Study of Backbench Power". Observatoire de la Société Britannique. University of Toulon (6): 89–108. doi:10.4000/osb.433.
  • Miki, Roy (2004). Redress: Inside the Japanese Canadian Call for Justice. Raincoast Books. ISBN 978-1-5519-2650-6.
  • Paul, Kathleen (1997). Whitewashing Britain: Race and Citizenship in the Postwar Era. Cornell University Press. ISBN 978-0-8014-8440-7. from the original on 26 December 2019. Retrieved 13 October 2021.
  • Rahman, Aziz; Clarke, Mary Anne; Byrne, Sean (2017). "The Art of Breaking People Down: The British Colonial Model in Ireland and Canada". Peace Research. Canadian Mennonite University. 49 (2): 15–38. JSTOR 44779905.
  • Ryan, Bernard (2001). "The Common Travel Area between Britain and Ireland" (PDF). The Modern Law Review. Wiley. 64 (6): 855–874. doi:10.1111/1468-2230.00356. JSTOR 1097196. (PDF) from the original on 20 March 2023. Retrieved 13 April 2023.
  • Saufert, Stacey A. (2007). "Taylor v. Canada (Minister of Citizenship and Immigration): Discrimination, Due Process, and the Origins of Citizenship in Canada". Alberta Law Review. Alberta Law Review Society. 45 (2): 521–536. ISSN 0002-4821. from the original on 25 March 2023. Retrieved 25 March 2023 – via HeinOnline.
  • Scott, F. R. (1942). "Political Nationalism and Confederation". The Canadian Journal of Economics and Political Science. Canadian Economics Association. 8 (3): 386–415. doi:10.2307/137084. JSTOR 137084.
  • Smith, Gordon W. (1961). "The Transfer of Arctic Territories from Great Britain to Canada in 1880, and Some Related Matters, as Seen in Official Correspondence". Arctic. Arctic Institute of North America. 14 (1): 53–73. doi:10.14430/arctic3660. JSTOR 40506894.
  • Sparrow, J. K. (2010). "From Sojourning to Citizenship: The Chinese Community in St. John's, Newfoundland, 1895-1967". Journal of Chinese Overseas. Brill. 6 (2): 333–346. doi:10.1163/179325410X526159.
  • Standing Committee on Citizenship and Immigration (December 2007). Reclaiming citizenship for Canadians: a report on the loss of Canadian citizenship (PDF) (Report). House of Commons of Canada. (PDF) from the original on 13 July 2022. Retrieved 28 March 2023.
  • Tamaki, George T. (1947). "The Canadian Citizenship Act, 1946". University of Toronto Law Journal. University of Toronto Press. 7 (1): 68–97. doi:10.2307/824453. JSTOR 824453.
  • United States Department of State (1873). Opinions of the Principal Officers of the Executive Departments, and Other Papers Relating to Expatriation, Naturalization, and Change of Allegiance. United States Government Publishing Office. OCLC 903414956.
  • van Alstyne, Richard W. (September 1945). "International Rivalries in Pacific Northwest". Oregon Historical Quarterly. Oregon Historical Society. 46 (3): 185–218. JSTOR 20611630.
  • Wade, E.C.S. (1948). "British Nationality Act, 1948". Journal of Comparative Legislation and International Law. Cambridge University Press & Assessment. 30 (3/4): 67–75. JSTOR 754289.
  • Winter, Elke (December 2015). Report on citizenship law: Canada (Report). European University Institute. hdl:1814/38289.
  • Winter, Elke; Previsic, Ivana (2017). "Citizenship Revocation in the Mainstream Press: A Case of Re-Ethnicization?". Canadian Journal of Sociology. University of Alberta. 4 (1): 55–82. JSTOR 90009689.

Legislation edit

  • Aliens and Naturalization Act, S.C. 1868, c. 66
  • Citizenship Act, R.S.C. 1985, c. C-29
  • Interpretation Act, R.S.C. 1985, c. I-21

External links edit

  • Canadian government information page on citizenship

canadian, nationality, details, conditions, which, person, national, canada, primary, governing, these, regulations, citizenship, which, came, into, force, february, 1977, applicable, provinces, territories, canada, citizenship, actloi, citoyennetéparliament, . Canadian nationality law details the conditions by which a person is a national of Canada The primary law governing these regulations is the Citizenship Act which came into force on February 15 1977 and is applicable to all provinces and territories of Canada Citizenship ActLoi sur la citoyenneteParliament of CanadaLong title An Act respecting citizenshipCitationRSC 1985 c C 29Territorial extentCanadaEnacted by30th Canadian ParliamentCommenced15 February 1977Administered byImmigration Refugees and Citizenship CanadaRepealsCanadian Citizenship Act 1946Status AmendedWith few exceptions almost all individuals born in the country are automatically citizens at birth Foreign nationals may naturalize after living in Canada for at least three years while holding permanent residence and showing proficiency in the English or French language Canada is composed of several former British colonies whose residents were British subjects After Confederation into a Dominion within the British Empire in 1867 Canada was granted more autonomy over time and gradually became independent from the United Kingdom Although Canadian citizens have no longer been British subjects since 1977 they continue to hold favoured status when residing in the UK As Commonwealth citizens Canadians are eligible to vote in UK elections and serve in public office there Contents 1 History 1 1 Fragmented development 1 2 Post confederation policies 1 2 1 Discriminatory policies against Asian migrants 1 3 Imperial common code 1 4 Canadian citizenship created 1 4 1 Provisions for automatic loss of citizenship 1 5 Reform and abolition of British subject status 1 6 Expanding access to citizenship 1 6 1 Restoration of involuntarily lost citizenship 2 Acquisition and loss of citizenship 2 1 Entitlement by birth descent or adoption 2 2 Naturalization 2 3 Renunciation and revocation 3 Canadian royal family 4 References 4 1 Citations 4 2 General sources 4 2 1 Publications 4 2 2 Legislation 5 External linksHistory editMain articles History of Canadian nationality law and History of British nationality law Fragmented development edit See also British subject and History of Canada 1763 1867 European settlement of North America began with the arrival of the first colonists from England and France in the 16th century The rival empires competed to expand their territorial control until British victory in the Seven Years War and annexation of French Canada in 1763 1 Despite the loss of the Thirteen Colonies in 1783 2 British presence on the continent continued to expand through the 19th century often in contest with the United States as the two powers raced to settle the Pacific Northwest 3 British nationality law applied to the North American colonies as was the case elsewhere in the British Empire Residents of these colonies and all other imperial citizens were British subjects any person born in British North America the United Kingdom or anywhere else within Crown dominions was a natural born British subject 4 British nationality law during this time was uncodified and did not have a standard set of regulations 5 relying instead on precedent and common law 6 Until the mid 19th century it was unclear whether naturalization rules in the United Kingdom were applicable in other parts of the Empire Each colony had wide discretion in developing their own procedures and requirements for admitting foreign settlers as subjects 7 Naturalization in Britain was achieved through individual Acts of Parliament until 1844 when a more streamlined administrative process was introduced The North American colonies emulated this system in their own naturalization legislation which was enacted in all local legislatures by 1868 8 In 1847 the Imperial Parliament formalised a clear distinction between subjects who naturalized in the UK and those who did so in other territories Individuals who naturalized in the UK were deemed to have received the status by imperial naturalization which was valid throughout the Empire Those naturalizing in colonies were said to have gone through local naturalization and were given subject status valid only within the relevant territory 9 a subject who locally naturalized in British Columbia was a British subject there but not in England or New Zealand Nevertheless locally naturalized British subjects were still entitled to imperial protection when travelling outside of the Empire 10 Married women generally followed the nationality status of their husbands Upper Canada enacted local legislation in 1849 that automatically naturalized foreign women who married British subjects mirroring regulations enacted in the UK in 1844 After Britain established marital denaturalization for British subject women who married non British men in 1870 Canada adapted its rules to match this in 1881 11 The 1870 regulations provided that any British subject who acquired a foreign nationality automatically lost subject status 12 Post confederation policies edit See also Canadian Confederation On July 1 1867 three British North American colonies the Province of Canada New Brunswick and Nova Scotia united to form the Dominion of Canada 13 The status of Canadians as British subjects remained unchanged despite the creation of this federation 14 Federal nationality legislation enacted in 1868 superseded laws of the new provinces naturalization in one of the provinces became automatically valid in all of them 15 16 Foreigners were able to naturalize as British subjects in Canada after residing in the Dominion for at least three years fulfilling a good character requirement and swearing an oath of allegiance 17 By 1880 Britain had transferred all of its remaining North American territory to Canada except Newfoundland Colony 18 which became a separate Dominion in 1907 19 The first law defining a Canadian citizen is the Immigration Act 1910 20 A citizen under this definition did not hold a substantive Canadian citizenship and the term was only a label for those who had the right to enter and remain in Canada Canadians continued to be British subjects Under the Act a Canadian citizen was any person born in Canada who had not denaturalized a British subject domiciled in Canada for at least three years or an individual naturalized in Canada who had not since lost British subject status and remained permanently resident in the Dominion 21 Discriminatory policies against Asian migrants edit Chinese immigration to Canada began in the 1850s during the British Columbia gold rushes Growing hostility and anti Chinese sentiment led to a concerted movement within the Legislative Assembly of British Columbia to restrict Chinese immigration The provincial legislature attempted to discourage this migration with the Chinese Regulation Act of 1884 imposing an annual 10 fee on every Chinese person resident in the province and a 100 fine on recreational opium use However the law was struck down by the Supreme Court of British Columbia for legislating on issues beyond the scope of the provincial government Laws directly restricting Chinese immigration were passed by the legislature in 1884 and 1885 but similarly struck down by orders in council Fearing open violence if the situation were to continue the federal government enacted the Chinese Immigration Act 1885 which limited the number of Chinese migrants who could land in Canada to one per 50 tons of cargo and imposed a 50 head tax on every Chinese person who entered the Dominion These measures also applied to British subjects of Chinese ancestry but not those who were already resident in Canada The entrance tax was increased to 100 in 1900 and to 500 in 1903 22 When Japanese migrants started entering British Columbia in large numbers beginning in 1901 the local legislature attempted to legislate restrictions on this movement but these measures were again struck down by the federal government in 1902 1905 and 1907 Treaty obligations stemming from the Anglo Japanese Alliance made total restriction impossible but the Dominion was able to limit Japanese migration to Canada in most cases with agreement from the Japanese government Only individuals with government approved work contracts agricultural laborers for Japanese owned farms returning residents and domestic workers for Japanese residents would be allowed entry 23 Migration from India was also limited beginning in 1908 despite the fact that Indians were British subjects Any person who landed in Canada from a country other than that of their birth or citizenship could be denied entry into the Dominion Because there was no direct steamship service from India this measure directly limited persons from India 24 Similar measures were created targeting British subjects from Hong Kong 25 All Asiatic immigrants were required beginning in 1908 to hold at least 200 of currency to enter Canada The 1910 Immigration Act further enabled the federal government to limit the entrance of immigrants belonging to any race deemed unsuited to the climate or requirements of Canada 24 Imperial common code edit The Imperial Parliament brought regulations for British subject status into codified statute law for the first time with passage of the British Nationality and Status of Aliens Act 1914 British subject status was standardised as a common nationality across the Empire Dominions that adopted this Act as part of local legislation were authorised to grant subject status to aliens by imperial naturalization 26 27 A Dominion could define a citizenship for its own citizens although that status would only be effective within the local Dominion s borders 28 Canada adopted the common code in 1914 and Newfoundland in 1916 29 The 1914 regulations codified the doctrine of coverture into imperial nationality law where a woman s consent to marry a foreign national was also assumed to be intent to denaturalise British women who married foreign men automatically lost their British nationality There were two exceptions to this a wife married to a husband who lost his British subject status was able to retain British nationality by declaration and a British born widow or divorcee who had lost her British nationality through marriage could reacquire that status without meeting residence requirements after the dissolution of her marriage 30 Minor children whose parents voluntarily lost British subject status by renunciation or acquiring a foreign nationality were considered to have automatically British nationality as well but could resume their status as British subjects by declaration within one year of reaching age 21 31 Canada became an independent member of the League of Nations and the Permanent Court of International Justice in 1920 Each country was able to nominate a candidate to be a judge on this court It would have been possible for a successful Canadian candidate as a British subject to be turned down from the court if a British subject from Australia or another part of the Empire was also selected as a judge The Canadian Nationals Act 1921 was enacted to allow Canada to differentiate its own nationals in international bodies Under this law a Canadian national was any British subject who qualified as a Canadian citizen under the Immigration Act 1910 32 By the end of the First World War the Dominions had exercised increasing levels of autonomy in managing their own affairs and each by then had developed a distinct national identity Britain formally recognised this at the 1926 Imperial Conference jointly issuing the Balfour Declaration with all the Dominion heads of government which stated that the United Kingdom and Dominions were autonomous and equal to each other within the British Commonwealth of Nations Full legislative independence was granted to the Dominions with passage of the Statute of Westminster 1931 33 Women s rights groups throughout the Empire pressured the imperial government during this time to amend nationality regulations that tied a married woman s status to that of her husband 34 Because the British government could no longer enforce legislative supremacy over the Dominions after 1931 and wanted to maintain a strong constitutional link to them through the common nationality code it was unwilling to make major changes without unanimous agreement among the Dominions on this issue which it did not have 35 Imperial legal uniformity was nevertheless eroded during the 1930s New Zealand and Australia amended their laws in 1935 and 1936 to allow women denaturalized by marriage to retain their rights as British subjects and Ireland changed its regulations in 1935 to cause no change to a woman s nationality after her marriage 36 Canada partially reformed its rules on martial denaturalization in 1932 women who had not acquired foreign nationality on marriage were permitted to retain their British nationality 37 Canadian citizenship created edit See also Canadian Citizenship Act 1946 nbsp Prime Minister William Lyon Mackenzie King is presented with his citizenship certificate by Chief Justice Thibaudeau Rinfret after becoming the first Canadian citizen in 1947 Following the Second World War growing assertions of local national identity separate from that of Britain and the Empire led the Canadian government to develop a new substantive citizenship status based on a purely Canadian idea of nationhood 38 This was created with passage of the Canadian Citizenship Act 1946 which came into force on January 1 1947 All British subjects who were born naturalized or resident for at least five years in Canada automatically acquired Canadian citizenship on that date British subjects born to a father who himself was born or naturalized in Canada Women no longer automatically took the nationality of their husbands when they married but any British subject woman who was already married to someone qualifying as a Canadian citizen when the 1946 Act came into force automatically acquired citizenship on that date Minor children born overseas to a Canadian father or unmarried Canadian mother who had already been admitted into Canada also automatically became Canadian citizens All citizens of Canada and any other Commonwealth country remained defined as British subjects under this Act 39 The Act later became applicable in Newfoundland when it joined Canada in 1949 40 All other noncitizens could acquire citizenship by naturalization after fulfilling a general residence requirement and demonstrating proficiency in English or French Candidates must have continuously resided in Canada for one year immediately preceding an application Wives of Canadian citizens had no further residence requirement but all other applicants were additionally required to have been resident in the country for at least four of the preceding six years for a total requisite period of five years Applicants who had been domiciled in Canada for at least 20 years were exempted from the language requirement Successful completion of the naturalization process was dependent on the outcome of an interview with a citizenship judge to verify an applicant s background and fulfillment of the citizenship requirements Non local British subjects applying for naturalization were not subject to this judicial requirement 41 Provisions for automatic loss of citizenship edit Children born abroad to a Canadian father or unmarried Canadian mother after the 1946 Act came into force were eligible to became Canadian citizens provided that their births were registered at a Canadian diplomatic mission within two years On reaching age 21 these individuals were required to make a formal declaration of their intention to retain Canadian citizenship within one year If they had acquired nationality of another country by birth or at any point as a minor they were also required to renounce their other nationalities Eligible minor children who had not already lawfully entered Canada when the Act became effective were subject to the same conditions for retaining Canadian citizenship on reaching age 21 42 The time limit to make a declaration of citizenship retention was later extended from one year to three years before an applicable person s 24th birthday Alternatively they would also remain citizens if they were domiciled in Canada on reaching age 24 43 Canadian citizens residing overseas who voluntarily acquired a foreign nationality other than through marriage automatically lost their Canadian citizenship Canadians who became foreign nationals by marriage who held another nationality by birth or had otherwise become foreign nationals as minors could retain Canadian citizenship unless they made a formal declaration of renunciation The 1946 Act further contained extensive measures for revoking citizenship from Canadians who were not natural born Individuals who became domiciled outside of Canada for six years showed disloyalty to the monarch obtained naturalization through fradualent means or traded with an enemy nation during a time of war were liable to have their citizenship revoked Honorably discharged former service members of the Canadian Armed Forces were exempt from the six year overseas residence limit 44 The maximum period of absence from Canada was extended to 10 years in the 1950s and later repealed in 1967 45 Reform and abolition of British subject status edit See also British subject and Commonwealth citizen The creation of Canadian citizenship unilaterally broke the system of a common imperial nationality Combined with the approaching independence of India and Pakistan in 1947 comprehensive reform to imperial nationality law was necessary at this point to address ideas that were incompatible with the previous system 46 The British Nationality Act 1948 abolished the common code and each Commonwealth country would enact legislation to create its own nationality British subject was redefined to mean any citizen of a Commonwealth country Commonwealth citizen is defined in this Act to have the same meaning British subject Commonwealth citizen status co existed with the citizenships of each Commonwealth country 47 The change in naming indicated a shift in the base idea of British subject status allegiance to the Crown was no longer a requirement to possess the common status which would be maintained by voluntary agreement among the various members of the Commonwealth 48 Irish citizens were treated as if they were British subjects despite Ireland s exit from the Commonwealth in 1949 49 All British subjects under the reformed system initially held an automatic right to settle in the United Kingdom and Ireland 50 51 Non white immigration into the UK was systemically discouraged but strong economic conditions in Britain following the Second World War attracted an unprecedented wave of colonial migration 52 In response the British Parliament imposed immigration controls on any subjects originating from outside the British Islands with the Commonwealth Immigrants Act 1962 53 Ireland had continued to allow all British subjects free movement despite independence in 1922 as part of the Common Travel Area arrangement but moved to mirror Britain s restriction in 1962 by limiting this ability only to people born on the islands of Great Britain or Ireland 54 51 Britain somewhat relaxed these measures in 1971 for patrials subjects whose parents or grandparents were born in the United Kingdom 53 which gave effective preferential treatment to white Commonwealth citizens 55 As a sign of Canada s changing relationship with Britain British subjects lost voting eligibility for federal elections in 1975 Provincial governments progressively phased out this entitlement until it was fully abolished in 2006 56 Preferences that were afforded to non local British subjects in the naturalization process were abolished in 1977 British subject status itself was removed from Canadian law in that year as well although Canadians and citizens from other Commonwealth countries remain defined as Commonwealth citizens 57 By the 1970s and 1980s most colonies of the British Empire had become independent and remaining ties to the United Kingdom had been significantly weakened The UK itself updated its nationality law to reflect the more modest boundaries of its remaining territory and possessions with the British Nationality Act 1981 58 which redefined British subject to no longer also mean Commonwealth citizen Canadian citizens remain Commonwealth citizens in British law and are still eligible to vote and stand for public office in the UK 59 Expanding access to citizenship edit The Citizenship Act 1977 expanded the available pathways to citizenship and allowed more situations to retain it The retention requirement was abolished for individuals born overseas to natural born or naturalized Canadians and any applicable person who had not yet reached age 24 at that point was no longer required to make a declaration of retention 60 individuals born after February 1953 have not been subject to this requirement Births overseas also no longer needed to be registered within two years to maintain eligibility for Canadian citizenship 61 However persons born abroad to Canadian parents who themselves were born abroad became subject to a retention requirement before age 28 The general residence requirement for acquiring citizenship was reduced to three years and remaining gender imbalances were removed from nationality regulations citizenship has been transferrable by descent to children through mothers as well as fathers regardless of marital status since 1977 Additionally automatic denaturalisation of Canadians acquiring foreign nationalities was repealed 60 As part of a 1988 agreement with the Japanese Canadian community in compensation for their internment during the Second World War any individual of Japanese ancestry who was expelled from Canada or had their citizenship revoked between 1941 and 1949 was eligible for a special restoration of citizenship This right to citizenship also extended to the descendants of applicable persons 62 The requirement for an interview with a citizenship judge in the naturalization process was largely replaced by the Canadian Citizenship Test in 1995 Applicants who failed this test are still required to be interviewed by a judge although the rate of successfully passing the test is over 90 percent 63 Naturalization requirements became more stringent in 2014 after passage of the Strengthening Canadian Citizenship Act The general residence requirement was increased to a minimum of four of the preceding six years and applicants became required to be physically present in Canada for at least 183 days per year The age range for candidates mandated to take citizenship and language tests was broadened to include all individuals aged 14 to 64 previously 18 to 54 and the language requirement itself became stricter While candidates were previously screened for language knowledge through their ability to pass the citizenship test naturalization candidates became required to attain a level 4 rating in a Canadian Language Benchmark evaluation 64 Restoration of involuntarily lost citizenship edit See also Lost Canadians When the 1977 Act was enacted a provision was included that allowed children born abroad to unmarried Canadian mothers but not fathers who had not had their births registered within two years an extension to that deadline to register as Canadian citizens In the 2004 Federal Court case Augier v Canada Minister of Citizenship and Immigration it was ruled that the exclusion of children born to unmarried Canadian fathers infringed upon rights of equality granted by the Canadian Charter of Rights and Freedoms Individuals born abroad to unmarried Canadian fathers before 1977 could apply for citizenship during a limited application period that ended on August 14 2004 Citizenship granted through this process was not retroactive from birth and was only applicable from the date it was granted 65 Following the 2007 implementation of the Western Hemisphere Travel Initiative Canadian citizens became required to hold Canadian passports when crossing the Canada United States border When applying for passports a large number of individuals who believed themselves to be citizens discovered that they did not actually hold Canadian citizenship due to previous provisions concerning automatic loss under the 1946 Act Legislation enacted in 2009 addressed this issue by restoring citizenship to specific categories of individuals who had involuntarily lost that status This group of affected people became known as the Lost Canadians Citizenship was restored to any person who had naturalized as a Canadian citizen but resided overseas for more than 10 years before 1967 had acquired foreign nationality through their own or a parent s naturalization had been born abroad to an applicable parent married Canadian father or unmarried Canadian mother before 1977 and did not have their birth registered with Canadian authorities or failed to apply for citizenship retention before age 24 or had been born abroad to a Canadian parent who themself was born abroad after 1977 but failed to apply for retention before age 28 Any person born abroad to a Canadian parent in the second or subsequent generations after the 1977 Act came into force but had not yet reached age 28 on 17 April 2009 was able to retain Canadian citizenship without application However citizenship has not been transferrable by descent past the first generation born abroad since that date 66 Further changes became effective in 2015 that granted Canadian citizenship to certain groups of individuals who had never become citizens and their descendants Canadian citizenship was granted to individuals who were born or naturalized in Canada but lost British subject status before the 1946 Act came into force were non local British subjects ordinarily resident in Canada but did not qualify as Canadian citizens when that status was created were born outside Canada in the first generation to a parent in either of the preceding categories were born outside Canada in the first generation to a parent who did become a Canadian citizen when the 1946 Act became effective but who themself did not acquire citizenship or were a foreign born adoptee who was adopted before 1947 by a parent who became a Canadian citizen and who qualified to pass citizenship by descent Any person who voluntarily renounced British subject status or had it revoked did not qualify to receive citizenship by this special grant 67 Acquisition and loss of citizenship editEntitlement by birth descent or adoption edit Nearly all individuals born in Canada receive Canadian citizenship by birth 68 including those who were born in Canadian airspace internal and territorial waters 69 and Canadian registered ships and aircraft 70 The only exceptions are children born to two foreign parents with at least one who is employed by a foreign government an employee of a foreign government or an organization with diplomatic immunity 71 Abandoned children found before the age of seven are assumed to have been born in Canada unless contrary evidence is found within seven years of discovery 72 Children born overseas are Canadian citizens by descent if either parent is a citizen otherwise than by descent meaning by birth in Canada or naturalization Citizenship by descent is limited to only one generation born outside of the country 73 other than children or grandchildren of members of the Canadian Armed Forces 74 Adopted children are treated as if they were naturally born to the adopting parents and are subject to the same regulations regarding birthplace and descent 75 76 Naturalization edit nbsp New citizens taking the oath of citizenship at a 2019 citizenship ceremonyForeign permanent residents or status Indians over the age of 18 may become Canadian citizens by grant after residing in Canada for more than three years 77 78 Candidates must be physically present in the country for at least 1 095 days during the five year period immediately preceding their applications 77 This requirement may be partially met by time spent within the country before acquiring permanent residency applicants may count each day within the preceding five year period that they were present in Canada as a temporary resident or protected person as half a day of physical presence for this condition up to a maximum of 365 days 79 Applicants must have filed income taxes for three of the preceding five years 80 and those between the ages of 18 and 54 must additionally demonstrate proficiency in either the English or French language and pass the Canadian Citizenship Test 81 Minor children under the age of 18 who have a Canadian parent or are naturalizing at the same time as a parent are not required to fulfill the physical presence or tax filing requirements but those applying separately are subject to those conditions 82 Successful applicants over the age of 14 are required to take an oath of citizenship 83 Permanent residents in the Canadian Armed Forces may alternatively fulfill the physical presence requirement with 1 095 days of completed military service during the preceding six year period 84 Foreign military servicemembers attached to the CAF with an equivalent amount of completed service time are exempt from holding permanent residence or filing income taxes 85 Stateless individuals under the age of 23 who were born overseas to at least one Canadian citizen after 17 April 2009 and meet the 1 095 day physical presence requirement for a four year period may also be granted citizenship 86 The Minister of Immigration Refugees and Citizenship has discretionary power to waive language and citizenship test requirements for any candidates in compassionate circumstances and the citizenship oath requirement for applicants with mental disabilities The Minister also may grant citizenship extraordinarily without any requirements to persons who are stateless subject to special and unusual hardship or have made exceptional contributions to the country 87 These atypical grants have been conferred more than 500 times since 1977 often on athletes competing for Canada internationally 88 The Parliament of Canada occasionally bestows honorary Canadian citizenship on exceptional foreigners but this distinction is symbolic and does not grant awarded individuals substantive rights in Canada 89 Before 2015 the physical presence requirement was 1 095 days within a four year period Between 17 June 2015 and 11 October 2017 this was extended to 1 460 days within a six year period with an additional presence requirement of 183 days per year in four of those six years Time spent within the country as a non permanent resident was not counted toward the stricter presence requirements The age range of applicants subject to language and citizenship tests during this regulatory period was between the ages of 14 and 65 90 Renunciation and revocation edit Canadian citizenship can be relinquished by applying for renunciation provided that the applicant already possesses or will possess another nationality 91 Individuals who automatically acquired citizenship in 2009 or 2015 because of amendments to nationality law in those years have a special route for renunciation that only requires that they are citizens of another country and costs no fees 92 Former citizens who renounced their nationality may subsequently apply for nationality restoration after reacquiring permanent residency and being physically present in Canada for at least 365 days during the two year period preceding their applications They must also have filed income taxes for the prior year 93 Individuals who had their citizenships revoked are ineligible for nationality resumption and must follow the naturalization process instead 94 Citizenship may be revoked from individuals who fraudulently acquired it 95 and renunciations may be similarly rescinded from persons who provided false information during that process 96 97 The Federal Court holds decision making power for all revocation cases except where the individual in question specifically requests the IRCC Minister to make that decision 97 Additionally between 28 May 2015 and 19 June 2017 Canadians holding another citizenship who were convicted of treason or terrorism were liable for potential citizenship revocation 97 98 Canadian royal family editFurther information Monarchy of Canada Royal family and house Although the King of Canada primarily resides in the United Kingdom the sovereign is the physical embodiment of the Canadian state 99 100 and is therefore considered Canadian 101 Members of the royal family are personal subjects of the Canadian monarch and not foreigners 102 but there is no legal provision that grants them automatic citizenship or residency 103 The King and other royal family members have occasionally described Canada as home and themselves as Canadian 104 105 106 107 References editCitations edit Rahman Clarke amp Byrne 2017 p 21 Lemer Fleury 2021 p 1 van Alstyne 1945 pp 209 212 Karatani 2003 pp 41 42 Gosewinkel 2008 p 13 Karatani 2003 p 41 Karatani 2003 pp 55 56 Bagnall amp Sherratt 2021 p 286 Historical background information on nationality p 8 Karatani 2003 p 55 Girard 2013 pp 33 34 Historical background information on nationality pp 8 9 Scott 1942 p 387 Cole 1971 pp 167 168 United States Department of State 1873 pp 90 91 Aliens and Naturalization Act S C 1868 c 66 s 1 Aliens and Naturalization Act S C 1868 c 66 ss 3 4 Smith 1961 p 63 Anderson 2021 p 87 Tamaki 1947 p 72 Saufert 2007 pp 525 526 529 Huttenback 1973 pp 130 133 Huttenback 1973 pp 133 134 a b Huttenback 1973 pp 134 136 Karatani 2003 p 77 Baldwin 2001 pp 527 528 Historical background information on nationality p 10 Karatani 2003 p 90 Tamaki 1947 p 71 Baldwin 2001 pp 526 528 529 Historical background information on nationality p 9 Karatani 2003 p 91 Karatani 2003 pp 86 88 Baldwin 2001 p 522 Baldwin 2001 pp 546 549 Baldwin 2001 p 552 Girard 2013 pp 46 47 Karatani 2003 pp 113 114 Tamaki 1947 pp 73 76 79 80 82 83 Sparrow 2010 p 343 Tamaki 1947 pp 76 77 Tamaki 1947 pp 75 86 87 Standing Committee on Citizenship and Immigration 2007 p 6 Tamaki 1947 pp 77 78 Standing Committee on Citizenship and Immigration 2007 p 3 Karatani 2003 pp 114 115 122 126 Wade 1948 pp 70 73 Karatani 2003 pp 116 118 Mansergh 1952 p 278 McKay 2008 a b Ryan 2001 p 862 Hansen 1999 pp 90 94 95 a b Evans 1972 pp 508 509 Lloyd 1998 pp 515 516 Paul 1997 p 181 Maas 2015 pp 13 14 Trumbull Robert 16 February 1977 Citizens of Canada Cease To Be Subjects of Britain As New Law Takes Effect The New York Times Archived from the original on 17 March 2023 Retrieved 17 March 2023 Paul 1997 pp 182 183 Bloom 2011 pp 640 654 a b Winter 2015 p 7 Standing Committee on Citizenship and Immigration 2007 pp 5 6 Miki 2004 p 9 Winter 2015 p 9 Winter 2015 pp 18 20 Standing Committee on Citizenship and Immigration 2007 p 4 Winter 2015 pp 11 12 14 Changes to citizenship rules 2009 to 2015 Government of Canada 24 September 2012 Archived from the original on 13 April 2023 Retrieved 13 April 2023 Winter amp Previsic 2017 p 58 Interpretation Act RSC 1985 c I 21 s 35 1 Citizenship Act RSC 1985 c C 29 s 2 2 a Citizenship Act RSC 1985 c C 29 s 3 2 Citizenship Act RSC 1985 c C 29 s 4 1 Winter 2015 p 14 Citizenship Act RSC 1985 c C 29 s 3 5 Citizenship Act RSC 1985 c C 29 s 5 1 Citizenship law and adoption Immigration Refugees and Citizenship Canada 24 September 2012 Archived from the original on 4 July 2021 Retrieved 1 July 2021 a b Citizenship Act RSC 1985 c C 29 s 5 1 c Processing a grant or resumption of citizenship for registered Indians Immigration Refugees and Citizenship Canada 9 June 2014 Archived from the original on 4 July 2021 Retrieved 30 June 2021 Citizenship Act RSC 1985 c C 29 s 5 1 001 Citizenship Act RSC 1985 c C 29 s 5 1 c iii Citizenship Act RSC 1985 c C 29 ss 5 1 d 5 1 e Minors Applying for Citizenship PDF Immigration Refugees and Citizenship Canada Archived PDF from the original on 25 February 2021 Retrieved 30 June 2021 Citizenship Act RSC 1985 c C 29 s 3 1 c Citizenship Act RSC 1985 c C 29 s 5 1 2 Citizenship Act RSC 1985 c C 29 s 5 1 3 Citizenship Act RSC 1985 c C 29 s 5 5 Citizenship Act RSC 1985 c C 29 s 5 4 Green Jeff 17 December 2013 Sochi 2014 Piper Gilles lands Canadian citizenship The Hamilton Spectator Archived from the original on 29 October 2018 Retrieved 8 December 2018 Who are the honorary Canadians Canadian Broadcasting Corporation 8 March 2012 Archived from the original on 25 June 2021 Retrieved 6 July 2021 Strengthening Canadian Citizenship Act A comparative view Immigration Refugees and Citizenship Canada 6 February 2014 Archived from the original on 9 July 2021 Retrieved 30 June 2021 Renunciation of citizenship under subsection 9 1 of the Citizenship Act Immigration Refugees and Citizenship Canada 25 July 2013 Archived from the original on 23 June 2021 Retrieved 1 July 2021 Renunciation of citizenship under section 7 1 of the Citizenship Regulations Immigration Refugees and Citizenship Canada 14 October 2014 Archived from the original on 19 July 2021 Retrieved 1 July 2021 Citizenship Act RSC 1985 c C 29 s 11 1 Resumption of Canadian citizenship subsection 11 1 Immigration Refugees and Citizenship Canada 25 July 2013 Archived from the original on 19 July 2021 Retrieved 1 July 2021 Macklin 2021 p 429 Citizenship Act RSC 1985 c C 29 s 10 1 a b c Revocation of citizenship Immigration Refugees and Citizenship Canada 25 July 2013 Archived from the original on 23 June 2021 Retrieved 1 July 2021 Changes to the Citizenship Act as a Result of Bill C 6 Immigration Refugees and Citizenship Canada 5 February 2018 Archived from the original on 24 August 2021 Retrieved 1 July 2021 McAteer v Canada Attorney General 2014 ONCA 578 at 51 Court of Appeal Ontario Canada Lagasse amp Baud 2015 p 238 Giolla Chainnigh v Canada Attorney General 2008 FC 69 at 14 Federal Court Canada Department of National Defence 1 April 1999 The Honours Flags and Heritage Structure of the Canadian Forces PDF Ottawa Queen s Printer for Canada pp 14 3 6 13 2 1 13A 1 A AD 200 000 AG 000 Archived from the original PDF on 25 March 2009 Retrieved 23 May 2009 Austen Ian 14 January 2020 For Prince Harry No Special Treatment in Canada The New York Times Retrieved 3 July 2021 MacLeod Kevin S 2008 A Crown of Maples PDF 1 ed Ottawa Queen s Printer for Canada ISBN 978 0 662 46012 1 Retrieved 21 June 2009 Bousfield Arthur Toffoli Gary 2002 Fifty Years the Queen Toronto Dundurn Press ISBN 1 55002 360 8 Monarchy gt Elizabeth II Queen of Canada Canadian Royal Heritage Trust Archived from the original on 18 April 2008 Retrieved 10 May 2012 MacLeod 2008 p 11 General sources edit Publications edit Anderson Stuart 2021 Canada and Newfoundland French and American Connection Pharmacy and Professionalization in the British Empire 1780 1970 Palgrave Macmillan pp 69 97 doi 10 1007 978 3 030 78980 0 3 ISBN 978 3 030 78979 4 S2CID 239492788 Bagnall Kate Sherratt Tim 2021 Missing Links Data Stories from the Archive of British Settler Colonial Citizenship PDF Journal of World History University of Hawaii Press 32 2 281 300 doi 10 1353 jwh 2021 0025 Baldwin M Page October 2001 Subject to Empire Married Women and the British Nationality and Status of Aliens Act Journal of British Studies Cambridge University Press 40 4 522 556 doi 10 1086 386266 JSTOR 3070746 PMID 18161209 S2CID 5762190 Bloom Tendayi 2011 Contradictions in Formal Commonwealth Citizenship Rights in Commonwealth Countries The Round Table Taylor amp Francis 100 417 639 654 doi 10 1080 00358533 2011 633381 S2CID 154726067 Cole Douglas May 1971 The Problem of Nationalism and Imperialism in British Settlement Colonies Journal of British Studies Cambridge University Press 10 2 160 182 doi 10 1086 385614 JSTOR 175353 S2CID 145497201 Evans J M 1972 Immigration Act 1971 The Modern Law 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British Colonial Model in Ireland and Canada Peace Research Canadian Mennonite University 49 2 15 38 JSTOR 44779905 Ryan Bernard 2001 The Common Travel Area between Britain and Ireland PDF The Modern Law Review Wiley 64 6 855 874 doi 10 1111 1468 2230 00356 JSTOR 1097196 Archived PDF from the original on 20 March 2023 Retrieved 13 April 2023 Saufert Stacey A 2007 Taylor v Canada Minister of Citizenship and Immigration Discrimination Due Process and the Origins of Citizenship in Canada Alberta Law Review Alberta Law Review Society 45 2 521 536 ISSN 0002 4821 Archived from the original on 25 March 2023 Retrieved 25 March 2023 via HeinOnline Scott F R 1942 Political Nationalism and Confederation The Canadian Journal of Economics and Political Science Canadian Economics Association 8 3 386 415 doi 10 2307 137084 JSTOR 137084 Smith Gordon W 1961 The Transfer of Arctic Territories from Great Britain to Canada in 1880 and Some Related Matters as Seen in Official Correspondence Arctic Arctic Institute of North America 14 1 53 73 doi 10 14430 arctic3660 JSTOR 40506894 Sparrow J K 2010 From Sojourning to Citizenship The Chinese Community in St John s Newfoundland 1895 1967 Journal of Chinese Overseas Brill 6 2 333 346 doi 10 1163 179325410X526159 Standing Committee on Citizenship and Immigration December 2007 Reclaiming citizenship for Canadians a report on the loss of Canadian citizenship PDF Report House of Commons of Canada Archived PDF from the original on 13 July 2022 Retrieved 28 March 2023 Tamaki George T 1947 The Canadian Citizenship Act 1946 University of Toronto Law Journal University of Toronto Press 7 1 68 97 doi 10 2307 824453 JSTOR 824453 United States Department of State 1873 Opinions of the Principal Officers of the Executive Departments and Other Papers Relating to Expatriation Naturalization and Change of Allegiance United States Government Publishing Office OCLC 903414956 van Alstyne Richard W September 1945 International Rivalries in Pacific Northwest Oregon Historical Quarterly Oregon Historical Society 46 3 185 218 JSTOR 20611630 Wade E C S 1948 British Nationality Act 1948 Journal of Comparative Legislation and International Law Cambridge University Press amp Assessment 30 3 4 67 75 JSTOR 754289 Winter Elke December 2015 Report on citizenship law Canada Report European University Institute hdl 1814 38289 Winter Elke Previsic Ivana 2017 Citizenship Revocation in the Mainstream Press A Case of Re Ethnicization Canadian Journal of Sociology University of Alberta 4 1 55 82 JSTOR 90009689 Legislation edit Aliens and Naturalization Act S C 1868 c 66 Citizenship Act R S C 1985 c C 29 Interpretation Act R S C 1985 c I 21External links editCanadian government information page on citizenship Portals nbsp Canada nbsp History Retrieved from https en wikipedia org w index php title Canadian nationality law amp oldid 1207305268, wikipedia, wiki, book, books, library,

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