Bill C-37, which returns Canadian citizenship to nearly every person
who lost it, passed the Senate today and will likely become law on
Thursday. Here are a couple of scenarios that I'm wondering about:
1) A Canadian-citizen man moves to the U.S. and takes U.S. citizenship
in 1952. In 1956, he has a child, who is not a Canadian citizen,
because the father lost Canadian citizenship in 1952. Under C-38, the
father would become a Canadian citizen again, retroactive to his date
of birth, but he is no longer living. Would the child now have a
claim to Canadian citizenship?
2) A Canadian-citizen man moves to the U.S. and has a son. He
registers the child as a Canadian citizen, but in 1960, while the son
is still a minor, the father takes U.S. citizenship. Father and son
cease to be Canadians. In the 1980s the son has children of his own,
who are not Canadians. C-38 restores citizenship to the father and
son, but not to the grandchildren (2nd generation born abroad).
However, if the son's citizenship is restored to his date of birth,
his children would have been Canadian citizens under the existing
citizenship act, but subject to retention requirements. Do the son's
children now have any claim to Canadian citizenship?
http://www.parl.gc.ca/LEGISINFO/index.asp?List=ls&Query=5355&Session=15&Language=e |