28 August 2009
Update on Citizenship Act
Click here (pdf) to view the letter from Minister Kenney responding to our request to address the problem for children of public servants born abroad. As you will see, Minister Kenney does not indicate any receptivity to correcting the problem, simply re-iterating CIC’s existing position. We are unsatisfied with this response. We will be following up ourselves as we can to lobby further. However, we believe now is an appropriate time for all of you who are interested to write letters to emphasize your dissatisfaction with the present situation. We would encourage you to write to your MPs, other relevant Parliamentarians (those copied on the letter to Minister Kenney for example – see News – 2 July 2009), and your Deputy Ministers. No doubt you have your own points to make, but in case it helps here is list of talking points that you might want to raise in your letters.
FS Citizenship Talking Points
Unfairness
- The children of public servants working for the government abroad should not be treated worse (receive less citizenship rights/be penalised due to their parents service abroad for the Government of Canada) than those born in Canada or naturalized Canadian citizens.
- The new law devalues Canadians working for the Government abroad and serves no public policy purpose.
- The new law effectively makes second class citizens of thousands of Canadian children born abroad, including children born to those serving at embassies, consulates, and military bases.
- Children of diplomats (and others serving abroad) almost invariably cannot acquire citizenship of the country of their birth. This means that if the grandchildren of those diplomats are born abroad and cannot acquire the citizenship of the country of their birth (a common occurrence), the child could well be rendered stateless.
Alternatives
- A simple/minor amendment to the Citizenship Act to “deem” children born abroad to public servants to be born in Canada would correct this problem
- Countries with similar systems have found ways to solve this problem. Notably, in the UK where there is the same concept of “citizenship by descent”, children of UK public servants born abroad are treated the same as if they were born in the UK. (see booklet «BN6 » at http://www.ukba.homeoffice.gov.uk/sitecontent/documents/britishcitizenship/informationleaflets/ )
Cost
- This new law will result in significant increased cost to the Government, as public servants giving birth abroad will (be more likely to take advantage of existing arrangements to return to Canada to give birth) understandably insist on returning to Canada to give birth so that their children are not disadvantaged.
- This prejudicial treatment against Canadian children born abroad creates a disincentive for public servants to accept postings if they might have children during the posting.