Welcome, Chris M!

Chris: Part II of my reply

Antoine says that C-37 only applies to persons in the second generation born abroad if they are already citizens. But if the parent is a citizen retroactive to birth then the parent must have been a citizen on the date that his/her child was born. The child must therefore have been a citizen since birth.
The extra clause that Antoine refers to must mean something, but what it means is not clear because it does not fit the logic of retroactivity. The child is already a citizen by operation of the retroactivity clause. Therefore this extra clause cannot apply.
The courts may be asked to to declare the law on this point. If the courts agree with the CIC, they will say that the law must be read as if the following words were added, "A person born in the second generation abroad before April 17, 2009 shall not be recognized as a citizen solely as a result of one or both parents having been recognized as citizen(s) with retroactive effect to a date on or before that person's date of birth.The effect of retroactivity shall be limited to persons born abroad in the first generation...etc."
If the courts disagree with the CIC, the law will be read as follows, ""The limitation of citizenship to the first genaration born abroad came into effect on April 17 2009. Thus, a person born abroad in the second generation is a citizen retroactive to birth if the father or mother has been recognized as a citizen retroactive to a date prior to that person's birth, unless that person has renounced citizenship...etc".

Part I of my reply (Part II follows)

Chris, I regret my comment was not as clear as I intended. The retroactive provision would apply to your father. The point in dispute is whether or not the retroactive clause would apply to you.

Have a look at today's comment by Antoine Beaudoin and you will see what I mean. Antoine has a different view from me concerning the meaning of the law.

Also, you will see why laws are almost never retroactive: the consequences of retroactivity are unpredictable. Possibly you have read fiction where a person goes back to some past time and does something that changes history, like killing Hitler's parents before Hitler was born. This is referred to as a "time paradox". Usually, the law avoids time paradoxes. C-37 has a specific section that absolves the government from any responsibility to make up lost benefits during any period where a person was denied citizenship and then later had citizenship restored retroactively. If Parliament had intended to limit the effect of retroactivity to parents born abroad and not to their children, this is the section where the limitation shoulod be stated. But that section does not mention children of persons who are recognized as citizens with retroactive effect.

I understand that your grandfather was born in 1903 and that your father was born in the US around 1950. The main question you should ask is this: was your grandfather an alien on 1/1/47, i.e. did he become a US citizen before 1/1/47?

If he did not become a US citizen before 1/1/194 it does not matter if he did so after that date because by Bill C-37, your grandfather was a Canadian at the time of your father's birth and your father was a Canadian citizen retroactive to the date of his own birth. Therefore, your father was a Canadian citizen when you were born.

Assuming all of the foregoing, you have been a Canadian since birth, since the cutoff for the 2nd generation born abroad commenced on April 17, 2009.

However, the CIC is not recognizing the retroactive effect of C-37, so you will have to wait for a judicial review of this issue. Many people are affected by the meaning of the retroactive provision of C-37. So you may not have long to wait.

Chris, the 1946 Act said that a person had to be both born in Canada and not be an alien, which your grandfather would have been had he become a US citizen before 1947. But do you know for sure that he was a US citizen at any time?

As I understand it, your grandfather was a resident of the US and had changed his domicile to the US, but unless there is evidence to the contrary he was not a US. citizen. Does your father's birth certificate say that your grandfather was a US citizen?

Robert may be able to advise you further on this.

I still do not understand why you cannot claim Canadian citizenship. The provision in C-37 that extinguished rights for second generation born abroad was not retroactive. It does not apply to anyone born before April 17, 2009.

The question is whether or not your father is deemed to have been a Canadian citizen by pre-existing legislation or by the retroactive provisions of C-37. If so, then he was a Canadian citizen when you were born. Your status as 2nd generation born abroad is not relevant if your father was a Canadian citizen

There are cases where the staff of the CIC are failing to implement the retroactive provisions of C-37 as they apply to the children of citizens born abroad in the second generation. However, the meaning of the law is clear.

Hello Chris,

Thanks for inviting me to become one of your friends. I don't really know how this works as I'm a bit naive - perhaps techno-phobe would be a good description too!

I'm not a Lost Canadian (as you probably know) because I'm the widow of a Lost Canadian. My late husband John was the first Lost Canadian to die between the Bill C-37 being passed and the ratification of the Bill a year later. I live in Canada because of a T.R.P. which I hold. I have applied for Permanent Residency and am awaiting the outcome. I have been assured by CIS that I will receive it - but I'll feel happier when it is in my hands though.

Thanks for writing,

Sincerely,

Dawn

Hello Chris, have a nice Christmas, as you now in the southern hemisphere Christmas season is inverse (we´re in summer 69 F (21 C)).
I still plan to send the proof of citizenship for my mother, but that will have to wait for the next year, I´m busy doing some other stuff (I´m telling you via email).
Hope some day fix this issue is hard for me as well as all the people who share our situation not to be recognized even though our parents/ancestors are Jus soli period,this is the key of the situation... the prior 1947 and British Subject stuff is nonsense.
Well, have a nice weekend.

George

Chris- thought I sent this to you instead of the entire
group sorry fr mistake. Here is the content of message.

Hi Chris_ My dad was born in Alberta in 1911 came to US at age of 17 then eventually married my Mom still being a Canadian- I was born in 1946 my Dad still a Canadian- when I was 11 yrs old my Dad became a Naturlized Citizen of the US.