The Bjorkquist Decision
and Bill C-3
For decades, Canadian law limited citizenship by descent to a single generation born outside Canada. If your Canadian-born parent gave birth to you outside Canada, and you then had children abroad, those grandchildren were denied citizenship entirely. This was known as the "first-generation limit."
In December 2023, the Ontario Superior Court of Justice found that the first-generation limit violated the Canadian Charter of Rights and Freedoms — creating unequal classes of Canadians based solely on where their parents were born.
Parliament responded with Bill C-3, which received Royal Assent on November 20, 2025, and came into force on December 15, 2025. For anyone born before that date who was excluded solely by the first-generation limit, citizenship is now recognized automatically — retroactively to birth. By operation of law, you were always Canadian. No test, no threshold.
For children born or adopted outside Canada on or after December 15, 2025 to a Canadian parent who was also born abroad, a new "substantial connection" test applies: the Canadian parent must demonstrate at least 1,095 cumulative days of physical presence in Canada before the child's birth or adoption.
In either case, you must apply to IRCC for a Canadian Certificate of Citizenship — the official document that serves as proof of your Canadian status. Professional guidance from an experienced attorney licensed in Canada will give you confidence in proceeding.
