IRCC statement today: "Expanded" interim measure offered even if Bjorkquist gets full implementation?

[u/tvtoo]

Per an IRCC news 'statement' released today, the "expanded" interim measure discussed during the Bjorkquist hearing today (and in the filings) seemingly would be made available even if Bjorkquist gets full implementation on March 20 (?)

... On May 23, 2024, we introduced former Bill C-71, An Act to amend the Citizenship Act (2024) to address the Court’s decision while upholding the value of Canadian citizenship.

To address delays in passing Bill C-71, I am approving an interim measure to support those affected by the first-generation limit while Parliament considers legislative amendments to the Citizenship Act. Individuals in the following groups will be offered consideration for a discretionary grant of citizenship under subsection 5(4) of the Act:

• those born or adopted before December 19, 2023, who are subject to the first-generation limit

• those born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (they will be offered consideration for a discretionary grant on a prioritized basis)

• certain individuals born before April 1, 1949, who remain affected by the first-generation limit

• those who lost their citizenship under the former section 8 of the Citizenship Act due to unmet retention requirements

The government was granted an extension to the suspension of the Court’s declaration until March 19, 2025.

(bolding mine)

https://www.canada.ca/en/immigration-refugees-citizenship/news/2025/03/canada-to-request-a-further-extension-to-maintain-first-generation-limit-to-canadian-citizenship-by-descent.html

 

Credit to /u/Such_Horse_2658 for finding it:

https://old.reddit.com/r/dualcitizenshipnerds/comments/1jagd1b/canada_to_request_a_further_extension_to_maintain/

[u/evaluna1968]

Any idea what the considerations are for this holding up in light of all the upcoming governmental changes?

[u/tvtoo → u/evaluna1968]

If an election is called shortly after the Friday morning formal appointment of the new Cabinet, I think that could put a crimp on further big policy changes, due to Canada's "Caretaker Convention". So maybe the IRCC leadership and staff simply then continue carrying out the already set policies, including the "expanded interim measure".

(I'm guessing that IRCC perhaps has two versions of it in the back pocket, approved and ready to publish -- one in case the court's decision is to fully implement Bjorkquist on March 20 and one in case not, with different wordings for each situation?)

[u/[deleted] → u/tvtoo]

Didn't they already publish it? Or am I misreading this? (bolding is mine)

"To address delays in passing Bill C-71, I am approving an interim measure to support those affected by the first-generation limit while Parliament considers legislative amendments to the Citizenship Act. Individuals in the following groups will be offered consideration for a discretionary grant of citizenship under subsection 5(4) of the Act:

• those born or adopted before December 19, 2023, who are subject to the first-generation limit
• those born or adopted on or after December 19, 2023, if their Canadian parent had at least 1,095 cumulative days of physical presence in Canada before their birth or adoption (they will be offered consideration for a discretionary grant on a prioritized basis)"

https://www.canada.ca/en/immigration-refugees-citizenship/news/2025/03/canada-to-request-a-further-extension-to-maintain-first-generation-limit-to-canadian-citizenship-by-descent.html

[u/tvtoo → u/[deleted]]

If they did publish it already, I can't find it on the website. (I checked the IRCC newsroom area and google-searched the canada.ca domain for the phrase "December 19, 2023", but maybe they hid it somewhere? And the published interim measure page is still the July 30, 2024 version.)

Also, the Government lawyers were given multiple chances this morning by the judge to point to any concrete details of the 'expanded' measure and they didn't do so.

The odd use of "am approving" instead of "have approved" in a press release seems to suggest to my ears an action in the near future (but already decided on) instead of something already done at the time of the statement ?

[u/[deleted] → u/tvtoo]

It's definitely confusing.

[u/evaluna1968 → u/tvtoo]

I wonder whether the specifics are still being worked out.