/Canadian nationality law - Wikipedia
...
Subsection 3(2) of the Act states that Canadian citizenship by birth in Canada is not granted to a child born in Canada if neither parent is a Canadian citizen or permanent resident, and either parent was employed by the following at the time of the child's birth:[11]
a foreign government in Canada,
an employee of the foreign government in Canada, or,
a foreign organization which enjoys diplomatic immunity in Canada, including the United Nations.
In a high-profile 2015 case, Deepan Budlakoti, a stateless man born in Ottawa, Ontario, was declared not to be a Canadian citizen because his parents were employed as domestic staffs by the High Commissioner of India in Canada and their contracts legally ended two months after his birth, despite the fact that they started to work for a non-diplomat well before their contracts ended and before Budlakoti was born.[12]
Previous legislation Edit
Under section 4 and 5 the 1947 Act, all persons who were born on Canadian soil or a ship registered in Canada on or after 1 January 1947 acquired Canadian citizenship at birth, while those who were born before 1 January 1947 on Canadian soil or Canadian ships acquired Canadian citizenship on 1 January 1947 if they had not yet lost their British subject status on that day. This Act was amended to include Newfoundland in 1949.[13]
Before 1950, a loophole existed in a way that section 5 of the 1947 Act did not mention any exceptions to this rule for persons born after 1947, making persons born to diplomats between this period also Canadian citizens by birth. This loophole was closed in 1950 when the first amendments to the 1947 Act went into effect.[14]
Proposed abolishment Edit
In 2012, Citizenship and Immigration Minister Jason Kenney proposed to modify the jus soli birthright citizenship recognized in Canadian law as a means of discouraging birth tourism. The move had drawn criticism from experts who said that the proposal was based on overhyped popular beliefs and nonexistent data.[15] As of 2016, however, Minister John McCallum said during an interview that there is no plan to end birthright citizenship.[16]
