# Canada legal geeks: impact of Bjorkquist decision on citizenship by descent for the second generation born outside Canada? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [January 25, 2024, 2:31am UTC](https://boards.straightdope.com/t/canada-legal-geeks-impact-of-bjorkquist-decision-on-citizenship-by-descent-for-the-second-generation-born-outside-canada/996610 "2024-01-25T02:31:42Z")\ **Posts on this page:** 1\ **Showing post:** 102
**Author:** ![ASL\_v2.0](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asl_v2.0/32/3525_2.png) [@ASL\_v2.0](https://boards.straightdope.com/u/ASL_v2.0)\ **Post date:** [December 31, 2025, 7:40am UTC](https://boards.straightdope.com/t/canada-legal-geeks-impact-of-bjorkquist-decision-on-citizenship-by-descent-for-the-second-generation-born-outside-canada/996610/102 "2025-12-31T07:40:47Z")
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?](https://boards.straightdope.com/t/leaving-usa-for-someplace-saner-easier-said-than-done/1009810/194): > > 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](https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/become-canadian-citizen/eligibility/already-citizen.html#s2)** > > Depending on your situation, you might already be a Canadian citizen based on the citizenship rules. This page can help you learn more about this possibility, including how to find out for sure. | “Am I Canadian?” See if you are already a citizen …and: > **[Canada’s New Citizenship Rules Explained: What Bill C-3 Means for Canadians...](https://devrylaw.ca/canadas-new-citizenship-rules-explained-what-bill-c-3-means-for-canadians-born-abroad/)** > > Bill C-3 is now in force, changing Canadian citizenship by descent rules and restoring citizenship for families affected by the first-generation limit. --- _[View the full topic](https://boards.straightdope.com/t/canada-legal-geeks-impact-of-bjorkquist-decision-on-citizenship-by-descent-for-the-second-generation-born-outside-canada/996610)._