I am Canadian: By Birth or By Choice

Canadian citizenship is packed with rights and responsibilities, values, shared traditions, belonging and identity. By birth or by choice, according to 2016 Census data, 93 per cent of the population are Canadian citizens. Among them, 82 per cent are Canadian citizens by birth and the remaining 18 per cent by choice.[1]

By Birth

Jus Soli –‘law of the soil’. Citizenship can be acquired by birth on Canadian land (section 3(1)(a), Citizenship Act, R.S.C. 1985, c. C-29). The Interpretation Act, R.S.C. 1985, c. I-21 and the Oceans Act, S.C. 1996, c. 31 further clarify that “Canada "includes the internal waters and territorial seas as well as the airspace above and the subsoil below." Therefore, children born over Canadian airspace or on Canadian waters are Canadian citizens.

As well, based on section 2(2)(a) of the Citizenship Act, a person born on a Canadian vessel or an aircraft registered in Canada under the Canada Shipping Act, 2001, S.C. 2001, c. 26 or the Aeronautics Act, R.S.C. 1985, c. A-2 is deemed to have been born in Canada. This clause is used when a child is born outside of Canada (land, air, soil) on either a Canadian registered aircraft or ship. Thus, a baby born on international waters in a Canadian registered vessel or over international airspace in a Canadian registered aircraft is a Canadian citizen by birth.

There are some limitations to jus soli. Pursuant to section 3(2) of the Citizenship Act, children born in Canada to accredited foreign diplomats, consular officer or representative of a foreign government or specialized agency of the United Nations or international organization or their employees in Canada are not Canadian citizens despite being born in Canada. The 2016 Census data show that 290 individuals were born in Canada but not Canadian citizens.[2]

The Supreme Court of Canada is set to hear the case of Minister of Citizenship and Immigration v. Alexander Vavilov in December 2018.[3] Alexander and his brother, Timothy, were born in Canada but were stripped of their Canadian citizenship after it was discovered that their parents were Russian spies. The parents were deemed to be “representatives or employees of a foreign government” at the time of their birth. As such, the brothers were not eligible for Canadian citizenship by birth pursuant to s. 3(2)(a). The Court will determine issues of standard of review and also weigh in on the question of whether diplomatic immunity is required to trigger s. 3(2)(a) of the Citizenship Act.

Recently, there has been some discourse on potentially ending birthright citizenship or limiting it to those born to at least one Canadian citizen or permanent resident parent because of a rising fear of “birth tourism”. Birth tourism is a process whereby pregnant visitors or non-residents give birth in Canada to bestow Canadian citizenship to their babies. Some view birth tourism as an abuse or loophole in Canadian immigration and citizenship laws. The Immigration and Refugee Protection Act, S.C. 2001, c. 27 and the Regulations, SOR/2002-227 do not prohibit birth tourism and, indeed, IRCC’s Operational Manual explicitly states that there is no legal provision to refuse a temporary resident visa solely on the basis of the intent of the applicant to give birth in Canada.[4]

Opponents of birth tourism view this practice as an erosion or debasing of the value of Canadian citizenship. They see a higher value in Canadian citizenship if it is more difficult to attain. Moreover, there is concern that birth tourism is costly to taxpayers because it allows Canadian-born children access to publicly subsidized education, healthcare and social security programs, all without necessarily contributing to the funding of these systems and programs by paying taxes. There is no obligation under international law to give citizenship to babies born in Canada.

On the other side, it has been argued that eliminating birthright citizenship would impose additional public expenses and complicate the process for verifying citizenship. It would be an expensive undertaking to develop and maintain a new verification system, for a “problem” that may not be prevalent or widespread at all. Indeed, Statistics Canada data reports that there were 385 babies born in 2017 to mothers whose place of residence was outside of Canada.[5] Proponents of preserving birthright citizenship argue that the principles of jus soli are part of our national identity and embodies the idea that every child born in Canada is equal. There are also concerns about statelessness as some children born in Canada may be excluded from both Canadian citizenship (by birth) and citizenship of their parents (by descent).

Canadian citizenship can also be acquired by persons who are born outside of Canada to Canadian citizen parents (section 3(1)(b)). Jus Sanguinis “law of the blood” refers to citizenship being passed down by descent from parent to child. According to the 2016 Census, there were 173,035 individuals who were born outside Canada but acquired Canadian citizenship by birth. Not surprisingly, most of them (31 per cent) were born in the United States. Another 10 per cent were born in Germany and another 9 per cent were born in the United Kingdom.[6]

There is a limit to citizenship by descent only to the first generation born abroad (section 3(3)). Children born abroad to Canadian citizens who acquired it by descent have no claim to Canadian citizenship. Citizenship by descent is cut off after the first generation in order to prevent indefinite transmission of Canadian citizenship to multiple generations of people who neither live in nor have any substantial connection to Canada. A limited exception is for children born outside Canada after April 17, 2009 in the second or subsequent generation to a Canadian parent who was employed in the Canadian Forces, or federal, provincial or territorial public service.

By Choice

Canadian Citizenship can be acquired by naturalization (sections 3(1)(c) and 5(1)).

“Achieving Canadian citizenship is not only deeply personal, it’s also an important step that allows immigrants to gain a deeper sense of belonging to our country, and to become more active members of our society.”

- The Honourable Ahmed Hussen, Minister of Immigration, Refugees and Citizenship[7]

Section 5(1) of the Citizenship Act spells out the eligibility criteria for Canadian citizenship. It includes Permanent Residence status, physical presence in Canada for at least 3 out of 5 years, income tax filing for 3 out of 5 years, language ability and passing a Citizenship Test. Prohibitions are for those who have committed crimes, are under a removal order or are considered a threat to Canadian security or engaged in a pattern of criminal activity.

For immigrants, obtaining citizenship symbolizes the last stage of the migration process and a demonstration of their commitment to their adopted homeland. It also provides them with the ability to hold a Canadian passport, vote in the electoral process, and hold public office. Canadian citizens cannot be deported and do not have residency or physical presence requirements. Studies have shown that citizens have more favourable economic outcomes than non-citizens – they have higher employment rates, lower unemployment rates, and higher earnings.[8]

Census data show there were 5,621,975 Canadian citizens by naturalization as of 2016. Among those eligible for naturalization, 86 per cent had acquired Canadian citizenship. For those who had landed in Canada in 2011 and were thus newly eligible, only 46 per cent were Canadian citizens by 2016. Immigrants who have been in Canada longer tend to take up Canadian citizenship at higher rates than more recent newcomers. Longer-term immigrants have more time to adapt and integrate and take the symbolic last step in the migration process.

I am Canadian

There are more than 32 million Canadian citizens living here today. For a concept that did not exist until 1947, Canadian citizenship laws have evolved and responded to changing social and political conditions. While Canadians may not all share the same love of hockey, drink Molson Canadian beer or devour Tim Hortons coffee, by birth or by choice, they can all say, “I am Canadian (citizen)”.

 

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