Feds warned for decades about arcane law that strips citizenship: Advocates

October 10, 2016

By Geordon Omand, Canadian Press |

The Canadian government was aware and warned repeatedly years before an arcane law began stripping longtime Canadians of their citizenship, says a man who spent decades lobbying for change.

Bill Janzen, the former head of the Mennonite Central Committee’s office in Ottawa, said he and his colleagues met with the federal government throughout the 1980s and 1990s to find a fix to the so-called 28-year rule.

The provision was part of a 1977 law that automatically removed citizenship from people born abroad to Canadian parents who were also born outside the country.

“The government holds a big responsibility for this,” Janzen said. “They’ve created a mess.”

The law applies to people born between Feb. 15, 1977, and April 16, 1981, no matter how quickly after their birth they moved to Canada. It was rescinded in 2009, but the change didn’t apply retroactively.

The only way to prevent the automatic loss of citizenship was to apply to retain it before the age of 28 — a detail legal experts contend the government failed to adequately communicate to those affected.

Janzen said he has heard numerous stories of people going to citizenship officials and being told they had never heard of the law.

“They said, ‘Don’t worry about it. Go home and enjoy Canada. … Once a Canadian, always a Canadian,’” Janzen said, noting that officials often pointed out the absence of any expiry date on their citizenship cards.

“It happened again and again and again.”

Janzen has helped more than 180 people navigate the expensive and time-intensive process of regaining their citizenship over the years, So far, 160 requests have been approved.

Immigration Minister John McCallum could not be reached for comment, but a spokeswoman for Citizenship and Immigration Canada said in an email the government advised those affected “when possible” of the need to apply before the age of 28 to retain their citizenship.

“As we do not have data on the number of individuals who might have been impacted, we were unable to advise people systematically,” Sonia Lesage wrote, adding that the number of people who remain affected is “very small.”

Lesage said the immigration minister has discretionary authority to grant citizenship in “cases of special and unusual hardship” and she encouraged anyone who thinks they might be affected to contact the department.

Pete Giesbrecht knows the fear, frustration and embarrassment of having his citizenship evaporate without warning.

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