Immigration Corner | Will Canada end birthright citizenship?

Dear Mrs Powell,

I hear there is a new proposal in Canada to end birthright citizenship for children born to temporary residents. I was born in Canada while my mother was visiting, but I grew up in Jamaica after she voluntarily returned home. I later moved back to Canada after high school. I’m now in college. Can they take away my citizenship?

– VN

Dear VN,

There has been significant media attention around “birth tourism” in Canada and the USA, and, recently, the Conservative Party proposed an amendment to Canada’s Citizenship Act to limit automatic birthright citizenship. It’s understandable that many people, especially those born in Canada to visiting or temporary resident parents, are now worried about their status. I will give you some information about the law and what it means for you.

CURRENT LAW

Under the Citizenship Act of Canada, every child born in Canada automatically becomes a Canadian citizen, regardless of the parents’ immigration status. The only exception is for children born to foreign diplomats or representatives of another government who are officially exempt from Canadian law.

This long-standing principle, known as jus soli or “right of the soil”, has been part of Canada’s legal and social framework since Confederation in 1867. It reflects Canada’s commitment to inclusion and equality, ensuring that all children born on Canadian soil have the same rights and opportunities.

Therefore, since you were born in Canada while your mother was visiting, and she was not a diplomat, you are a Canadian citizen by birth. Your citizenship is secure under current law.

THE PROPOSED CHANGE

On October 8, 2025, Conservative Member of Parliament Michelle Rempel Garner introduced a proposal at the House of Commons Standing Committee on Citizenship and Immigration. She called for an amendment to end automatic birthright citizenship for children born to temporary residents, students, or visitors.

Under her proposed change, a child would only receive Canadian citizenship at birth if at least one parent was either a Canadian citizen, or a permanent resident at the time of the birth. Rempel Garner argued that the current system “creates loopholes” and encourages “birth tourism”, or shortcuts to Canadian citizenship. Some argue that this undermines the law and established naturalisation process.

The MP stated that this reform would align Canada with other Commonwealth countries such as the United Kingdom, Australia, and New Zealand, which have already restricted automatic citizenship.

WHAT HAPPENED TO THE PROPOSAL

It’s important to note that this idea is not law. The proposed amendment was rejected by members of the Liberal Party and the Bloc Québécois during the committee’s review process. This means the recommendation did not advance and is not part of any government bill.

To take effect, such a change would require a full amendment to the Citizenship Act, which would need to pass both the House of Commons and the Senate, and then receive Royal Assent. As of now, the federal government and Immigration, Refugees and Citizenship Canada have made no announcement suggesting any intention to limit birthright citizenship.

HOW THIS AFFECTS YOU

In your case, you were born in Canada before any such proposal was made. You therefore obtained Canadian citizenship at birth, and that right cannot be taken away retroactively. The Canadian Charter of Rights and Freedoms protect against arbitrary deprivation of citizenship, and any attempt to apply such a law to people already born would almost certainly face constitutional challenge.

Even if Parliament were to change the law in the future, it would apply only to children born after the new legislation comes into force. Your citizenship, and the citizenship of anyone already born in Canada, remains intact. You remain a Canadian citizen by birth, and your status is protected under both the Citizenship Act and the Canadian Charter.

If you were born in Canada, you are Canadian, full stop.

Deidre S. Powell is a lawyer, mediator and author of Tell me a Story, Grandma. Contact her via tel: WhatsApp at 613-695-8777.