Holders of proof of Canadian citizenship certificates could have had their constitutional rights violated by the federal authorities.
On June 13, 2026, the Registrar of citizenship issued letters en masse to individuals who had been born exterior Canada, requiring the fast give up of their Canadian citizenship certificates whereas their circumstances had been being investigated, as licensed underneath Citizenship Rules 26(1).
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The federal government’s transfer might be unlawful.
“This part of the Citizenship Rules seems to threaten all of the citizenship rights of each Canadian citizen who was not born on Canadian soil,” mentioned Ala Bujac, a Canadian immigration lawyer, in an interview with CIC Information on June 17, 2026.
Bujac defined that “there’s a doable problem” to the issuance of those letters, as being in violation of the Canadian Constitution of Rights and Freedoms.
Underneath the Constitution, all individuals are assured freedom from discrimination, together with particularly discrimination on the idea of “nationwide or ethnic origin.”*
Moreover, all Canadian residents underneath the Citizenship Act are afforded the complete suite of rights by the Constitution.
A citizen by descent who has been compelled to show over their certificates retains their rights as a Canadian citizen underneath legislation, however can’t equally train their rights in apply, provided that they lack the doc which proves their Canadian citizenship.
Residents born in Canada, in distinction, can show their Canadian citizenship utilizing delivery certificates, which aren’t topic to compelled give up underneath Citizenship Rules 26(1).**
In line with Bujac, a courtroom could conclude that residents by descent are deprived on the idea of their nationwide origin as a consequence of Citizenship Rules 26(1).
The query of the constitutionality of 26(1) would then hinge, most probably, on whether or not the courtroom would take into account the contravention of the equality rights set out in Constitution 15(1) to be allowable underneath Constitution 1, which “ensures the rights and freedoms set out in it topic solely to such cheap limits prescribed by legislation as might be demonstrably justified in a free and democratic society.”***
Ought to rights holders pursue a Constitution problem, it could seemingly be years earlier than Canadians get hold of a solution.
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*Constitution 15(1).
**“The Registrar shall, in writing, require an individual to give up to the Registrar any certificates of naturalization, certificates of citizenship, miniature certificates of citizenship or different certificates of citizenship that accommodates the individual’s {photograph}, or certificates of renunciation, issued or granted to the individual underneath the Act or prior laws or any laws made underneath them if there’s cause to imagine that the individual is probably not entitled to the certificates or has violated any of the provisions of the Act, and the individual shall forthwith adjust to the requirement.” Citizenship Rules 26(1).
***Constitution 1.
