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29 March 2024

Canada mulls abolishing 'citizenship by birth'

Published
By Majorie van Leijen

Canada is considering abolishing the citizenship upon birth right, which grants Canadian citizenship to any individual born on Canadian soil.

This was revealed in a report prepared for former Minister of Citizenship and Immigration, Jason Kenney, in 2013, indicating that the right is under scrutiny and might be abolished altogether.

Since 1947, Canada acknowledges Canadian citizenship as a birth-right, regardless of his or her parents’ status in the country. It is one of the few countries in the world to do so, as most countries adopt certain conditions upon which the birth-right is obtained, or have abolished the right altogether.

One reason to review the right is because of the phenomenon referred to as birth tourism, clarified the current Minister of Citizenship and Immigration Chris Alexander. In such cases, individuals from abroad are believed to enter Canada with the intention of having their child born in the country so that the child can attain automatic Canadian citizenship. Once the child reaches 18 years of age, he or she may become eligible to sponsor his or her parents for permanent residency.

“Restricting birth on soil to those who have a permanent status in Canada would remove the incentive for foreign nationals coming to Canada to give birth to their children and gain access to Canada and the benefits of Canadian citizenship, thereby preserving the value of citizenship,” states the report.

Most popular countries practicing citizenship upon birth are Canada and the United States. Most countries in South America practice the same right, although no European country is known to apply such law. Further east, Pakistan, Malaysia, and Cambodia grant citizenship upon birth.

Jorawar Singh, an immigration expert in Dubai, said in an earlier interview with Emirates 24|7 that birth tourism is not uncommon. “This is mostly done by nationals that have had disturbances in their own country, such as Pakistan and Syria. They want to secure a better future for their children. We have a couple of clients who have enjoyed this right. It is very easy; once a child is born there, citizenship will automatically be granted. There is no doubt about that, it is the law.”

However, the number of cases in Canada where the intention of the birth is to gain citizenship is believed to be limited. In the same report where the right was challenged, statistics were presented indicating that fewer than 500 cases (or 0.14 per cent of total births) are reported in Canada per year in which a child was born in Canada with neither parent a citizen or permanent resident.

“An impartial observer would conclude that the evidence supports no need for change, given the small number of cases. Yet, the recommendation supports the government’s public rhetoric and anecdotes on the need for change,” Andrew Griffith, a former director general for citizenship and multiculturalism at Citizenship and Immigration Canada, was quoted as saying by Citizenship and Immigration Canada.