Tuesday 5 June 2007

Believe in Miracles!

If you don't believe in miracles, well then, you might want to start believing now! What may be an incredible reprieve for thousands of ('lost') Canadians will hopefully come into effect as law soon. Read on.

In a previous post (Are you a Canadian living abroad?), I highlighted the importance of registering children born abroad to a Canadian parent, as Canadian citizens. I mentioned that historically, this privilege has been time-sensitive and indeed, there have already been instances where this right has expired for certain classes. Please hold that thought while we move on and consider another related topic.

For many years back, if one were travelling from Canada to the US, one could usually present a birth certificate or other government-issued document in order to pass through the immigration control at either border. Getting through with a photo-less, signature-less birth certificate or with just a driver's license was typically considered uneventful.

However, figuring post 9-11 fears and concerns, the US has decided to tighten immigration control at its borders so as to prevent 'undesirables' from slipping through and sneaking into the US. As a result, the US passed the Western Hemisphere Travel Initiative (WHTI), which requires all travellers in the western hemisphere, including Canadian and US citizens, to provide a valid passport or other secure identification when wishing to enter the US. According to the US rules released in November 2006, all persons travelling by air in the western hemisphere through the US, on or after 23 January 2007, are required to present a passport or a NEXUS card (to be used with a NEXUS kiosk at select Canada-US entry points) upon entry to the US. This rule has already come into effect and is being applied.

Rules for travel by land or sea have yet to be released, though it is certain that a passport will also be an accepted mode of identification. The US Congress has given a delay period of up till 01 June 2009 to implement the rule regarding travel by land or sea, once certain safety considerations relating to travel documents have been met. Cf.: http://cbsa.gc.ca/agency/whti-ivho/poster-affiche-e.pdf.

(Ironically, according to an AP article from 07 June last, processing times for applications for US passports from within the US, has slowed to a crawl. Consequently, it may be announced this Friday, that the US may temporarily suspend its requirement for US travellers going to and from Canada and Mexico, if the traveller can prove that he/she has already applied for a passport.)

In response to this US law, many Canadians decided to go ahead and apply for their Canadian passports, so that they be prepared in the event of travel to the US. This is where the story gets weird. Anticipating routine passport process, some applicants discovered instead, to their palpable horror, that they were in fact not legally recognized as Canadian citizens! These include persons who were not born in Canada, but rather born abroad to a Canadian citizen and unbeknownst to them (and others), had missed the deadline (for their class) for citizenship registration. They have been affectionately labelled in Canada as 'lost Canadians'. How generously sensitive! Imagine spending your whole life in what you thought was your home country, only to learn that you are not, in fact, entitled to its citizenship. Cf.: http://www.lostcanadianchildren.com/.

And then when all seems lost for the stranded, the Conservative Party steps in to save the day. Hurray for Prime Minister Stephen Harper!

On 29 May last, the Honourable Diane Finley, Minister of Citizenship and Immigration, appeared before the Standing Committee on Citizenship and Immigration. She announced that she is planning amendments to the Citizenship Act so as to help and rescue these 'lost Canadians'. She stated, "... I announced that I plan to introduce new legislation to amend the Citizenship Act. This will mean that anyone born in Canada on or after January 1, 1947, will have citizenship even if they had lost it under a provision of the 1947 Canadian Citizenship Act. Anyone naturalized in Canada on or after January 1, 1947, will have citizenship even if they had lost it under the 1947 Act. And anyone born outside the country to a Canadian mother or father, in or out of wedlock on or after January 1, 1947, will have citizenship if they are the first generation born abroad." Cf. http://www.cic.gc.ca/english/press/speech-2007/2007-05-29a.html for the full statement.

The deadlines which these new 'non-Canadians' had missed are indeed very significant ones, having evidently produced serious consequences for them thus far. In effect, it has meant nothing less than losing their right to Canadian citizenship forever (barring exceptions). It is not my intention to provide political comment on this blog, but really hats-off to the Harper government for wanting to remedy this situation instead of just washing its hands of this affair.

It's not everyday that one gets a second chance to fix something like this. This is really really grand, a true gift! So...once again, for those of you who have not yet registered as Canadians, whether a 'lost Canadian' or not, don't lose this or any other precious opportunity to register yourselves or children. Good luck!