Changes to the Citizenship Act

Bill C-37 is slated to take effect April 17, 2009. It accomplishes some pretty neat things for Canadians who were denied citizenship years ago, but it effectively substitutes one wrong for another and ends up denying citizenship to a whole other group: the foreign-born children of adopted children born abroad.

It means my E will have no problem passing citizenship to her children whether born here or not since she acquired her citizenship in 2007 (before this new law). However, for the next child, the process will not be as seamless for their children if they are born abroad.

Here is the article from Friday's newspaper that highlights the problem with this bill.

http://www.ottawacitizen.com/Life/Incoming+rules+create+tier+citizenship+critics+warn/1182831/story.html

Incidentally, I also disagree with the rationale behind this decision in limiting children of Canadians from acquiring citizenship. It seems to stem from the evacuation of Canadians from Lebanon a few years ago where it appeared that quite a few evacuees were permanent residents of Lebanon. First, I think it shouldn't matter what nationality you are when you need to evacuate a country under siege. Canadian or not, everyone should have a chance to survive. Second, I hold dual citizenship and my daughter holds dual citizenship and neither one of us has established permanent residency in the second country. Mine pays homage to my mother's birth country and my daughter's pays homage to her birth country. Our citizenships give us access to those countries where we have ancestry. We are all citizens of our planet with memberships to places we call home. It must be a case of thoughtlessness that my government seeks to restrict access to citizenship in such a disrespectful way.

I have already written my letter to Jason Kenney, the minister of Citizenship and Immigration:

Subject: there are problems with the new citizenship rules where adopted children are concerned

Dear Sir,

I am sure that whomever wrote up the new law amending the Citizenship Act did not mean to offend me and the countless other Canadians who have built and continue to build their families through transnational adoption. However, in drawing a distinction between a child by adoption and a child by birth is not only discriminatory but shameful. To help illustrate this point, let me introduce you to two sisters: Sarah and Jennifer. Sarah was born to her parents and Jennifer was adopted by her parents from China. One day, when the two sisters are adults, they both decide to start their families in the same way that they have known: with a child by birth and a child by adoption. Imagine Jennifer's shock and sadness when she sees how easy it is for her sister Sarah to have her children recognized as Canadians while Jennifer has to lobby the Canadian government to amend the Citizenship Act to accommodate the citizenship of her children. How do you think Jennifer's parents are going to feel when they have to console their daughter for telling her she is no different from her sister only to have the federal government tell her otherwise?

Please remove the following limitations on foreign-born children adopted by Canadian parents due to its ignorance of the true nature of adoption:

"This limitation will also apply to foreign-born individuals adopted by a Canadian parent. The adopted children of Canadian citizens will be considered to be the first generation born abroad. This means that:
if a person born outside Canada and adopted by a Canadian parent has a child outside Canada, that child will not be a citizen by birth;
if a person born outside Canada and adopted by a Canadian parent adopts a child outside Canada, that child will not be eligible to apply for citizenship under the adoption provisions of the Citizenship Act; and
if a person born outside Canada to a Canadian parent, in the first generation born abroad, adopts a foreign-born child, that adopted child will not be eligible to apply for citizenship under the adoption provisions of the Citizenship Act.
The new law will come into effect on April 17, 2009, amending the Citizenship Act."

"Adoption is another way to become parents…. as valid and constructive as the biological way."

Sincerely,

K.