Jackie Scott stands on a Vancouver street looking directly into a camera. She appears very determined.

Jackie Scott, who is seeking a judicial review of her exclusion from citizenship based on the 1946 Canadian Citizenship Act, leaves Federal Court in Vancouver, B.C., on Monday, July 22, 2013.
Photo Credit: CP / DARRYL DYCK

Case of ‘lost Canadian’ takes another turn

A court case in Vancouver could lead to an overhaul of Canadian citizenship laws
if a so-called “lost Canadian” wins her legal fight.

Jackie Scott was born out of wedlock in Britain in 1945 to a British woman and a Canadian soldier and later migrated to Canada.

Her parents married in 1948 and Ms. Scott grew up, was educated, worked and married in Canada. Her daughter was born in Toronto and is a Canadian citizen as are her grandchildren. Her parents are buried in Canada.

The federal government argues her father was not a Canadian citizen at the time of her birth and has denied her citizenship as a result. Ottawa says Ms. Scott’s father was legally considered a British subject at the time because Canada’s first citizenship act did not come into effect until 1947.

Court documents filed Friday in Vancouver show Ms. Scott is asking the court to make several declarations, including whether Parliament has the sole power to determine who is a Canadian.

In previous court documents related to the case, the government argued that “Canadian citizenship is a creation of federal statute. In order to become a Canadian citizen, a person must satisfy the applicable statutory requirements.”

Ms. Scott’s new application comes after she suspended her individual citizenship dispute in July, saying her fight has become about much more than herself.

The founder of the Lost Canadians, Don Chapman, says there may be thousands of people like Ms. Scott that would be affected by this ruling.

Mr. Chapman says too many people are being forced to pursue a lengthy court process because gaps in citizenship law have not been properly addressed by Parliament.

The government has until August 30 to file a response.

 

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