ロスト・カナディアンの失われた国籍・市民権 : 法による剥奪と回復

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タイトル別名
  • The Lost Canadians’ Lost Citizenship and Nationality : How Legislation Deprived and Restored Them
  • ロスト ・ カナディアン ノ ウシナワレタ コクセキ ・ シミンケン : ホウ ニ ヨル ハクダツ ト カイフク

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The Canadian Citizenship Act of 1946, the first legislation on Canadian citizenship, enforced on January 1, 1947, provided the conditions and the requirements for being Canadian, which varied by the birth date, birthplace, and parents’ nationality and marital status. The Citizenship Act of 1976, succeeding the Act of 1946, partly eased the eligibility conditions for citizenship. However, this new legislation did not apply retroactively to persons whose citizenship had already been voided; it created another division in the applicable scope of the regulation before and after its enforcement. These acts deprived many people who believed themselves Canadian of Canadian citizenship or the right to it. Until Bill C-37 came into effect in 2009 to amend the Citizenship Act, an estimated 70 thousand people failed to obtain Canadian citizenship or ceased to be Canadian citizens unknowingly due to the complicated regulations for retaining citizenship. They are called the Lost Canadians. The previous legislation included many discriminatory provisions infringing the principles of equality and due process guaranteed by the Canadian Charter of Rights and Freedoms. Court judgments on these matters provided legal grounds for the Lost Canadians’ assertion and led to the comprehensive review of the citizenship acts in the legislature.

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