Lost Canadians () are individuals who have believed themselves to be Canadian citizens or to be entitled to citizenship, but who are not/were not officially considered citizens due to particular and often obscure aspects or interpretations of Canadian nationality law. Although these individuals had strong, undeniable connections to Canada, they were either never actually Canadian citizens throughout their entire life, or else had Canadian citizenship and lost it unknowingly through certain provisions of the Citizenship Act.
Causes of loss/failure to acquire Canadian citizenship
Types of persons who would not have acquired Canadian citizenship when it was created under the 1946 citizenship laws included the following: Someone born in another country who did not live in Canada on their 24th birthday A "war bride" who was never naturalized A war bride's child who was never naturalized An unregistered "border baby" – a person with Canadian parents who was born in the U.S. and not registered, commonly someone whose mother crossed into the U.S. to give birth in the closest hospital In certain circumstances, someone whose connection to Canada involved descent through a woman rather than a man Someone born out of wedlock A person born to a parent on military service outside Canada
Types of persons who lost their Canadian citizenship included the following (based on both the 1946 and 1977 Citizenship Acts): A second-generation born-abroad Canadian who did not apply to retain citizenship by their 28th birthday Those whose father naturalized in another country while they were children A woman who married a non-Canadian before 1947 A child of a woman who married a non-Canadian before 1947, regardless of whether that child was born or lived in Canada A Canadian who took citizenship of another country before 1977
In most cases, Lost Canadians were never aware that they were not citizens (or had lost their citizenship) until they applied for government pensions, attempted to receive healthcare or applied for passports.
Amended Citizenship Act passage in 2008
On May 29, 2007, Canadian Minister of Citizenship and Immigration Diane Finley (CPC) announced her proposal to amend the Citizenship Act. Under the proposal, anyone naturalized in Canada since 1947 would have citizenship even if they lost it under the 1947 Act. Also, anyone born since 1947 outside the country to a Canadian mother or father, in or out of wedlock, would have citizenship if they are the first generation born abroad. Appearing before the Standing Committee on Citizenship and Immigration, Finley asserted that as of May 24, 2007, there were only 285 cases of individuals in Canada whose citizenship status needed to be resolved. Under the proposed legislation, anyone born before 1947 to a Canadian citizen abroad would be dealt with on a case-by-case basis; such individuals would have to apply for a ministerial permit.
Bill C-37, which received Royal Assent on April 17, 2008, amended the Citizenship Act to give Canadian citizenship to those who lost or never had it due to certain provisions in existing and former legislation. The law came into effect on April 17, 2009, one year following Royal Assent.
People who were citizens when the law came into force did not lose citizenship as a result of these amendments. The law was made retroactive to the time of birth or loss of citizenship, and gave citizenship to the following categories of people: People who became citizens when the first citizenship act took effect on January 1, 1947 (including people born in Canada prior to 1947 and war brides) and who then lost their citizenship; Anyone who was born in Canada or had become a Canadian citizen on or after January 1, 1947, and had then lost citizenship; and Anyone born abroad to a Canadian citizen mother on or after January 1, 1947, if not already a citizen, but only if they were the first generation born abroad.
The exceptions are those born in Canada to a foreign diplomat, those who renounced their citizenship with Canadian authorities, and those whose citizenship was revoked by the government because it was obtained by fraud.