Canada legal geeks: impact of Bjorkquist decision on citizenship by descent for the second generation born outside Canada?

[ASL_v2.0]

Schroedinger’s Canadian indeed. I’ve been struggling with the same problem since I started looking into Canada’s citizenship laws as a result of this thread:

Leaving USA for someplace saner- easier said than done?

That’s the case now, but rules were different back when Canadian citizenship was introduced. I think that a Canadian woman who married a citizen from à foreign country might have lost Canadian citizenship. But then there have been lawsuits and retroactive changes to the law on this point. But I agree - a baptismal certificate from Quebec will likely be accepted as proof of birth in Canada. What I am really having a hard time wrapping my head around is the recent change to citizenship by des…

If generation 2 born abroad is now recognized as Canadian all along, then doesn’t that mean generation 3 (or 4 or 5?) must likewise be considered Canadian all along, provided they were born prior to December 15, 2025?

For the record, I would be generation 3.

@orcenio

Bill C-3 is going to be passed in its original form. Thus:

1. No Language requirement required
2. No Knowledge test required
3. No Security and criminality screening required
4. No Annual reporting to Parliament required
5. The ability to pass citizenship to children born abroad will be allowed if parent has 1,095 days in Canada at any point prior to birth/adoption

Point 5 will apply going forward, post-December 15, 2025, but from what I am reading, it does not apply to people born prior to December 15, 2025 (that was, I believe the issue in Bjorkquist: the law prior to this discriminated between Canadian citizens based on whether they were born in Canada or born abroad, and I guess the court decided that was unjustifiable, so now we have this new law, but written such that it would not strip citizenship from people who would benefit from Bjorkquist). That said, I am not a Canadian Lawyer. However, see:

If you were born outside Canada - Check if you may be a citizen - Canada.ca

…and:

Canada’s New Citizenship Rules Explained: What Bill C-3 Means for Canadians...