Canadian?

[Beagdor]

My mother was born before 1947 and recently got her Proof of Canadian Citizenship Certificate. I was born in the 1960's. I came across a provision that said that women in wedlock (my mother) would not be able to pass on their citizenship. Does this still apply? In short, am I a Canadian citizen?

 

[scylla]

Where was your mother born? In Canada? Outside of Canada? It's not clear from your post whether she obtained her citizenship through being born in Canada or through one or both of her parents being born in Canada.

 

[Beagdor]

My mother was born outside Canada. Her dad was born in Canada and her mom was born in Ohio, USA.

 

[alphazip]

Ignoring the question of whether your mother was a Canadian citizen when you were born, you are correct...a woman could not (in the 1960s) pass citizenship on to her children born in wedlock. So, because you were not a citizen before April 17, 2009, when citizenship was restricted to the first generation born abroad (and considering that you are the second generation), you are not a Canadian citizen.

 

[links18]

Ignoring the question of whether your mother was a Canadian citizen when you were born, you are correct...a woman could not (in the 1960s) pass citizenship on to her children born in wedlock. So, because you were not a citizen before April 17, 2009, when citizenship was restricted to the first generation born abroad (and considering that you are the second generation), you are not a Canadian citizen.

So there are still some remnants of gender discrimination in Canadian citizenship law (if indirectly)?

 

[alphazip]

So there are still some remnants of gender discrimination in Canadian citizenship law (if indirectly)?

In terms of the restriction to the first generation born abroad, yes. In the OP's case, he/she would be a citizen if the birth had been registered, but, because the Canadian parent was a woman, it could not have been registered. However, there was a temporary provision in the 1977 Citizenship Act that was not widely known that allowed the children of Canadian citizen women to apply for a non-retroactive "facilitated grant". See "facilitated grant" here: http://www.immigration.ca/en/express-entry-manuals/225-home/immigration-manuals/h-c/2484-retention-of-citizenship-prior-to-attaining-the-age-of-28-years.html

 

[links18]

In terms of the restriction to the first generation born abroad, yes. In the OP's case, he/she would be a citizen if the birth had been registered, but, because the Canadian parent was a woman, it could not have been registered. However, there was a temporary provision in the 1977 Citizenship Act that was not widely known that allowed the children of Canadian citizen women to apply for a non-retroactive "facilitated grant". See "facilitated grant" here: immigration.ca/en/express-entry-manuals/225-home/immigration-manuals/h-c/2484-retention-of-citizenship-prior-to-attaining-the-age-of-28-years.html

Someone should bring this to McCallum's attention. Maybe they would try to fix it.