Immigration Branch
Ottawa, September 3, 1948
Circular #78(B)
To Immigration Officers,
Atlantic District
Subject: Canadian Citizenship
Act – Ruling Status
of illegitimate child whose father
is Canadian citizen
A ruling has been
received from the Citizenship Branch concerning the status of an illegitimate
child whose father is a Canadian citizen. The case upon which the ruling is
based is as follows:-
“A Canadian born citizen was living in the United States out of wedlock with
an American born woman. They had an illegitimate child born in the United States.
Subsequent to the birth of the child (three weeks thereafter) the parents were
married. The father returned to Canada
and his wife and child later applied for entry to join him. Our examining
officer at the port of entry took the view that the child, having been born out
of wedlock, came under Part 1, Section 4, (b) of the Canadian Citizenship Act,
deriving citizenship from his mother. Therefore, the child was regarded as an
immigrant, of American citizenship, and admitted as such. However, when the
facts were submitted to the Citizenship Branch for review the Registrar
furnished the following ruling:-
I think it would be right and proper to recognize the child as a
Canadian citizen. I note that the Marriage of the parents took place
approximately three weeks after the date of birth of the child. We are of the
opinion that a marriage under these conditions, wherein the father recognizes,
by the fact of marriage, that the child is his own, and that in all probability the laws of the Community in which the child is
born would recognize it as legitimate, we should take the view that the child
is the legitimate offspring of the father and in consequence should be
recognized as a natural born Canadian”.
The
above is furnished for your information in the event that you have to deal with
a case of this type.
(Signature illegible)
District Superintendent
(Signature illegible)
District Superintendent
Source:
Libraries and Archives Canada
Canadian Citizenship Act and
Regulations 1945-1952 (RG76, Volume 519,
File 801544, part 9, 1947-49)
Microfilm reel C-10615
Transcribed 2012-05-02
