Toronto Star: 'Lost Canadians' win court battle to reclaim citizenship rights

Emma Kenyon and Daniel Warelis and baby Darcy. The judge referred to the experience of Kenyon, a foreign-born Canadian, who was forced to give birth to her child in late 2021 in Hong Kong, where she and her husband worked, because of a string of challenges. Supplied

Emma Kenyon and Daniel Warelis and baby Darcy. The judge referred to the experience of Kenyon, a foreign-born Canadian, who was forced to give birth to her child in late 2021 in Hong Kong, where she and her husband worked, because of a string of challenges. 

Ontario Superior Court says the second-generation cut-off rule violates Charter rights on the grounds of national origin and sex.


By Nicholas Keung Immigration Reporter

December 20, 2023: It's unconstitutional for Canada to deny automatic citizenship to children born abroad because their parents also happened to be born overseas, a Canadian court has ruled.

(Click here to read Justice Jasmine Akbarali's decision on CANLII.org )

In a ruling that critics hope will finally settle the longstanding "lost Canadian" controversy, the Ontario Superior Court of Justice has given the federal government six months to repeal what's known as the "second-generation cut-off" rule and amend the Citizenship Act.

To read the original article on line, go to The Star.