The Senate approved the “Lost Canadians” legislation, which addresses Canada’s unconstitutional citizenship rules for those born abroad to Canadian parents. This legislation allows citizenship to be passed down beyond the first generation if the parents spent three cumulative years in Canada before the child’s birth or adoption.
Senator David Arnot expressed concerns about the application of a “substantial connection” test to intercountry adoptees, adopted children born abroad and raised in Canada. He argued that these adoptees undergo a rigorous immigration process and should have the same rights as domestically adopted children.
Immigration lawyers Sujit Choudhry and Maureen Silcoff are considering a potential Charter challenge on behalf of intercountry adoptees, arguing against the differential treatment compared to domestically adopted children. They highlight a possible rights violation and discrimination under Section 15 of the Charter and international treaty obligations.
Efforts to clarify adoption rules through amendments in the House of Commons were unsuccessful, with disagreements on the three-year period requirement within the substantial connection test. Despite some attempts to reintroduce amendments in the Senate, they were ultimately rejected. Choudhry emphasized the preference for a legislative solution over resorting to a court challenge.