Judge Sides With ‘Lost Canadians,’ Rules Against Canada’s Second-Generation Cut-Off Law

Published on December 27, 2023

It’s unconstitutional for Ottawa to deny automatic citizenship to children born abroad if their Canadian parents were also born abroad, Ontario’s Superior Court of Justice has ruled. The Dec. 19 ruling comes after seven multi-generational Canadian families sued the Canadian government for declining to grant citizenship to their foreign-born offspring due to the country’s “second-generation cut-off rule.” Represented by Toronto constitutional lawyer Sujit Choudhry, the so-called “Lost Canadians,” who live in Canada, Dubai, Hong Kong, Japan and the United States, argued that the rule violated the Canadian Charter of Rights and Freedoms. Mr. Choudhry filed a constitutional challenge to the rule in December 2021....