Discover If You’re Already a Canadian Citizen
Many people around the world are surprised to discover they may already be Canadian citizens — they just haven’t claimed it yet. At Distinction Law, we help individuals and families obtain Proof of Canadian Citizenship through descent, especially in light of recent legal changes and evolving legislation.
What Is Canadian Citizenship by Descent?
If you were born outside Canada to a Canadian parent, you may already be a Canadian citizen — even if you’ve never lived in Canada. You can apply for a Proof of Citizenship Certificate, which confirms your legal status and opens the door to a Canadian passport, access to healthcare, education, and more.
Key Eligibility Criteria:
You were born abroad to a Canadian parent.
Your parent was either born in Canada or naturalized before you were born.
You have documentary proof (e.g., your parent’s Canadian birth certificate or citizenship certificate).
Previously, the “first-generation limit” restricted citizenship by descent to only the first generation born outside Canada. However, recent legal and legislative changes are transforming the landscape.
What’s Changed? Bill C-71 and the Bjorkquist Decision
In Bjorkquist et al. v. Attorney General of Canada, 2023 ONSC 7152, the Ontario Superior Court struck down the first-generation limit as unconstitutional. In response, the federal government chose not to appeal the decision.
The Court has suspended this declaration until April 25, 2025. This means that the current rules still apply until further notice.
Building on this, the government introduced Bill C-71, which proposes to:
Remove the first-generation limit, allowing second- and subsequent-generation Canadians born abroad to obtain citizenship.
Restore status to many “Lost Canadians” — people who lost or were denied citizenship due to outdated laws or technicalities.
On March 13, 2025, the government announced an expanded interim measure that includes:
- a way for those affected by the first-generation limit to be considered for a discretionary grant of citizenship from the minister
- priority consideration for people born or adopted on or after December 19, 2023 if their Canadian parent has a substantial connection to Canada.
Who Might Qualify?
You may be eligible for Canadian citizenship by descent if:
- You were born outside Canada to a Canadian parent or grandparent.
- Your Canadian parent or grandparent was either born in Canada or became a naturalized citizen.
- Your parent or grandparent didn’t formally renounce their citizenship.
- You were previously denied citizenship under the first-generation rule.
What Should You Do Now?
The best way to confirm your status is to apply for a Proof of Citizenship (also called a citizenship certificate). This official document from Immigration, Refugees and Citizenship Canada (IRCC) confirms you are a Canadian citizen—even if you were born outside the country.
Contact us today for a consultation. Your Canadian citizenship may already be yours — let’s make it official.
