Attorney Publication
Apr 30, 2010
Jean-Noël Ben Hamou Published in Inside Immigration
"What A Difference a Day Makes: A Closer Look at April 17, 2009"
Jean-Noël Ben Hamou's article, "What A Difference a Day Makes: A Closer Look at April 17, 2009," was published in the April 2010 issue of Inside Immigration. In his article, Jean-Noël reports on changes to the Canadian Citizenship Act by providing a comprehensive timeline of the legislation beginning with its enactment. According to Jean-Noël, "The Canadian Citizenship Act of 1947 was a vibrant first step in defining Canadian citizenship law, but just like its legislative predecessors, it was not without flaw or ambiguity." He explains that all non-Canadians, including aliens and British subjects, were required to wait five years before naturalizing. Jean-Noël also explains how previous versions of the Canadian Citizenship Act have created categories of "Lost Canadians." He notes that these individuals were "stripped of their Canadian citizenship, or alternatively, were never legally eligible due to the provisions of the 1947 and 1977 legislations."
Jean-Noël points out that "April 17, 2009 was a cause for a celebration for thousands of people, including Lost Canadians and those individuals who were entitled to Canadian citizenship but, for a variety of legal reasons, were not eligible to claim the benefit." He further explains that "progressive efforts and great strides have been made in reforming and revamping Canadian citizenship laws, but critics would argue that there is a long way to go until the Act is viewed as an all-encompassing piece of legislation which welcomes new Canadian citizens…." Jean-Noël concludes that "the recently enacted reform serves as a true indicator that the Act is an ever-changing, work in progress that will hopefully continue to evolve over time."