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Lost Canadians

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Lost Canadians ( French : Canadiens dépossédés de leur citoyenneté ) are individuals who have believed themselves to be Canadian citizens or to be entitled to citizenship, but who are not/were not officially considered citizens due to particular and often obscure aspects or interpretations of Canadian nationality law . Although these individuals had strong, undeniable connections to Canada, they were either never actually Canadian citizens throughout their entire life, or else had Canadian citizenship and lost it unknowingly through certain provisions of the Citizenship Act.

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83-606: Types of persons who would not have acquired Canadian citizenship when it was created under the 1946 citizenship laws included the following: Types of persons who lost their Canadian citizenship included the following (based on both the 1946 and 1977 Citizenship Acts): In most cases, Lost Canadians were never aware that they were not citizens (or had lost their citizenship) until they applied for government pensions, attempted to receive healthcare or applied for passports. On May 29, 2007, Canadian Minister of Citizenship and Immigration Diane Finley (CPC) announced her proposal to amend

166-609: A Canadian citizen in 1955, Jackie Scott was refused a citizenship card in 2005. She was born while her father was stationed in England during the war in 1945; her parents were unmarried at the time. In 2013, Jackie Scott took her case to the courts to seek judicial review of her exclusion. Funk was born in Mexico to Canadian parents and moved back to Canada with them when she was two months old. Since then, Canada has been her home and she holds no other citizenship. She and her parents were unaware of

249-425: A child in any judicial dispute concerning their care and asks that the child's viewpoint be heard in such cases. The convention forbids capital punishment for children. In its General Comment 8 (2006) the committee stated that there was an "obligation of all state parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children". Article 19 of

332-607: A child's right to equality under the constitution and the CRC. South Korea joined the Hague convention on International Child Abduction in 2012, but was criticized for its repetitive pattern of non-compliance. The pattern continued even after the 2023 Special Commissioner meeting of the Hague Conference , held in The Hague , Netherlands, in 2023, when the shared goal was reaffirmed between

415-428: A law requiring people born overseas between 1977 and 1981 to parents also born abroad to apply to maintain their citizenship by the age of 28, and missed the deadline. The arcane rule was abolished in 2009, however the change was not retroactive. Funk joined the "Lost Canadians" group as she worked through the bureaucracy to regain her citizenship, which she regained on July 1, 2017. Bill C-37, which attempted to address

498-558: A signatory to the convention on 28 May 1990 and ratified in 1991. Youth criminal laws in Canada underwent major changes resulting in the Youth Criminal Justice Act (YCJA) which went into effect on 1 April 2003. The Act specifically refers to Canada's different commitments under the convention. The convention was influential in the administrative law decision of Baker v Canada (Minister of Citizenship and Immigration) , although

581-563: A solar year) were fully responsible for their crimes. "According to Islamic sources, the criterion for criminal responsibility is reaching the age of maturity which, according to the Shi'ite School of the IRI, is 9 lunar years (8 years and 9 months) for girls and 15 lunar years (14 years and 7 months) for boys." Ireland signed the convention on 30 September 1990 and ratified it, without reservation, on 28 September 1992. In response to criticisms expressed in

664-512: A state has signed the treaty but not ratified it, it is not yet bound by the treaty's provisions but is already obliged to not act contrary to its purpose. The UN Committee on the Rights of the Child , composed of eighteen independent experts, is responsible for supervising the implementation of the convention by the states that have ratified it. Their governments are required to report to and appear before

747-404: A violation of the treaty. But on 10 February 2012, Iran's parliament changed the controversial law of executing juveniles. In the new law, the age of 18 (solar year) would be considered the minimum age for adulthood and offenders under this age will be sentenced under a separate law. Based on the previous law, which was revised, girls at the age of 9 and boys at 15 (lunar year, 11 days shorter than

830-674: A year, the committee submits a report to the Third Committee of the United Nations General Assembly , which also hears a statement from the CRC Chair, and the Assembly adopts a Resolution on the Rights of the Child. The UN General Assembly adopted the convention and opened it for signature on 20 November 1989 (the 30th anniversary of its Declaration of the Rights of the Child ). It came into force on 2 September 1990, after it

913-735: Is a minister of the Crown in the Canadian Cabinet . The minister is responsible for Immigration, Refugees and Citizenship Canada , which is the federal department responsible for immigration , refugee and citizenship issues in Canada. The current minister is Marc Miller . Prior to the current position, the portfolios responsible for immigration in Canada throughout history were titled: Immigration and Colonization (1917–36), Mines and Resources (1936–50), Citizenship and Immigration (1950–66), Manpower and Immigration (1966–77), and of Employment and Immigration (1977–96). The office as it exists today

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996-735: Is exercised by religious congregations, family, and other private associations is fundamental to the American order," and the Home School Legal Defense Association (HSLDA) argues that the CRC threatens homeschooling . Most notably, at the time several states permitted the execution and life imprisonment of juvenile offenders, a direct contravention of Article 37 of the convention. The landmark 2005 Supreme Court decision in Roper v. Simmons declared juvenile executions to be unconstitutional as " cruel and unusual punishment "; in

1079-594: Is generally permitted in most industries except those deemed "hazardous", for which minimum ages apply. Although a law in October 2006 banned child labor in hotels, restaurants, and as domestic servants, there continues to be a high demand for children as hired help in the home. There are different estimates as to the number of child laborers in the country. According to the government's conservative estimate, in 2011 4.4 million children under 14 years of age were working in India, while

1162-484: Is not eligible because her parent was at first denied citizenship and then was later granted retroactive citizenship (which would seem to make her the daughter of a Canadian and thus ordinarily guarantee citizenship). The Supreme Court of Canada ruled in Benner v. Canada (1997) that children of female Canadians are legally guaranteed all rights and privileges that children of male Canadians receive; however, this court decision

1245-684: Is not prohibited. A 2017 review by the Committee on the Rights of the Child concluded that further legal protections had been enacted such as legislation against child pornography, prostitution, and the ratification of the Convention on the Rights of Persons with Disabilities . A 2017 decision by the National Human Rights Commission of Korea ruled that no kid zones were discriminatory, but this did not legally restrict them from existing. The decision concluded that no-kid zones conflict with

1328-716: The Children (Equal Protection from Assault) (Scotland) Act 2019 , banning smacking, by removing the defence of "justifiable assault". In March 2021, the Scottish Parliament unanimously passed the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill, which partially incorporated the Convention into Scots law. The Bill was challenged by the UK Government and specified sections were found by

1411-654: The Citizenship Act . Under the proposal, anyone naturalized in Canada since 1947 would have citizenship even if they lost it under the 1947 Act. Also, anyone born since 1947 outside the country to a Canadian mother or father, in or out of wedlock, would have citizenship if they are the first generation born abroad. Appearing before the Standing Committee on Citizenship and Immigration, Finley asserted that as of May 24, 2007, there were only 285 cases of individuals in Canada whose citizenship status needed to be resolved. Under

1494-600: The Modern Slavery Act 2015 . The National Assembly for Wales, now known as the Senedd passed the Rights of Children and Young Persons (Wales) Measure 2011 , partially incorporating the Convention into domestic law.The National Assembly for Wales passed the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 , banning smacking, by abolishing the "reasonable punishment defence." The Scottish Parliament passed

1577-639: The NGO Save the Children in a statement of 2016 cites a study by the Campaign Against Child Labour that estimates the number of child laborers in India at 12.7 million. In 2016, the Child and Adolescent Labour (Amendment) Act was introduced, which prohibited children's economic employment under the age of 14 years and the employment of adolescents (14–17 years of age) in hazardous occupations. Some exceptions exist for children under 14 —they can aid in

1660-719: The United Kingdom . The European Court of Human Rights has referred to the convention when interpreting the European Convention on Human Rights . Global human rights standards were challenged at the World Conference on Human Rights in Vienna (1993) when a number of governments (prominently China, Indonesia, Malaysia and Iran) raised serious objections to the idea of universal human rights. There are unresolved tensions between "universalistic" and "relativistic" approaches in

1743-686: The right to life , to their own name and identity, to be raised by their parents within a family or cultural grouping, and to have a relationship with both parents, even if they are separated . The convention obliges states to allow parents to exercise their parental responsibilities. The convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, to be protected from abuse or exploitation , and to have their privacy protected. It requires that their lives not be subject to excessive interference. The convention also obliges signatory states to separate legal representation for

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1826-677: The 1998 review by the UN Committee on the Rights of the Child in Geneva, the Irish government established the office of Ombudsman for Children. It drew up a national children's strategy. In 2006, following concerns expressed by the committee that the wording of the Irish Constitution does not allow the State to intervene in abuse cases other than in very exceptional cases, the Irish government undertook to amend

1909-512: The 2012 case Miller v. Alabama , the court held that mandatory sentences of life without the possibility of parole are unconstitutional for juvenile offenders. However, the Court issued a ruling in Jones v. Mississippi that Miller does not require States to make an independent finding of "permanent incorrigibility" before sentencing the juvenile to life imprisonment without parole. State laws regarding

1992-518: The Children New Zealand. In May 2007, New Zealand passed the Crimes (Substituted Section 59) Amendment Act 2007 , which removed the defence of "reasonable force" for the purpose of correction. In its third and final vote, Parliament voted 113–8 in favour of the legislation. Saudi Arabia ratified the convention in 1996, with a reservation "with respect to all such articles as are in conflict with

2075-631: The Citizenship Act remain excluded due to the wording of changes which were part of Bill C-24 (2014). This limitation does not apply to people born before 2009 in similar circumstances, whose ancestor was not regularized by C-24. One notable Lost Canadian was Robert Goulet . He had provided evidence to support a claim of citizenship, but he died before it was approved. Minister of Immigration, Refugees and Citizenship The minister of immigration, refugees and citizenship ( French : Ministre de l'immigration, des réfugiés et de la citoyenneté )

2158-514: The Citizenship and Immigration office of Canada has refused to search their archives. In 2010, Burke was 66 and was facing possible removal as well as losing old age benefits. On December 21, 2010, in Mississauga, Ontario, Burke was finally able to take her oath of statehood, after a lengthy fight and support from her MP. The daughter of a Canadian soldier and a British-born mother naturalized as

2241-664: The Convention on the Rights of the Child. The first, the Optional Protocol on the Involvement of Children in Armed Conflict requires parties to ensure that children under the age of 18 are not recruited compulsorily into their armed forces and calls on governments to do everything feasible to ensure that members of their armed forces who are under 18 years do not take part in hostilities. This protocol entered into force on 12 July 2002. As of 28 November 2024, 172 states are party to

2324-561: The Hague Convention and UNCRC . The Convention on the Rights of the Child has status as Swedish law since 1 January 2020. Also, before that, Swedish legislation was well in line with the convention and went in some cases further. It was given this status because Swedish authorities and the government thought the childs right perspective was not applied sufficiently in Swedish social welfare decisions and law enforcement. Upon accession to

2407-756: The Presidential pardons on a regular basis. Azerbaijan has built cooperation with many international organizations, particularly with UNICEF in child protection. In 1993, UNICEF began its activity in Azerbaijan. In 2005, Azerbaijan and UNICEF signed a five-year country program. The country program for 2005-2009 was implemented in child protection, children's health and nutrition, children's education and youth health, and their development and participation. Also, UNICEF supports Azerbaijan in improving its juvenile justice system, establishing an alternative care system and raising awareness among youth about HIV/AIDS. Canada became

2490-658: The Rights of the Child The United Nations Convention on the Rights of the Child (commonly abbreviated as the CRC or UNCRC ) is an international human rights treaty which sets out the civil, political, economic, social, health and cultural rights of children. The convention defines a child as any human being under the age of eighteen, unless the age of majority is attained earlier under national legislation. Nations that have ratified this convention or have acceded to it are bound by international law . When

2573-470: The Saudi Arabian government had stated that it "never imposes capital punishment on persons ... below the age of 18". The government delegation later acknowledged that a judge could impose the death penalty whenever he decided that the convicted person had reached his or her maturity, regardless of the person's actual age at the time of the crime or at the time of the scheduled execution. But the death penalty

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2656-511: The Supreme Court of Canada ultimately held that "Its provisions [...] have no direct application within Canadian law". India ratified UNCRC on 11 December 1992, agreeing in principle to all articles but with certain reservations on issues relating to child labor. In India, there is a law that children under the age of 18 should not work, but there is no outright ban on child labor. The practice

2739-539: The Supreme Court to be outwith the competence of the Scottish Parliament . The bill was amended and again passed in December 2023, receiving Royal Assent on 16 January 2024 and the United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Act 2024 came into force on 16 July 2024. The States Assembly passed the Children and Young People (Jersey) Law 2022, banning smacking, by abolishing

2822-419: The UN Committee on the Rights of the Child periodically to be examined on their progress regarding the advancement of the implementation of the convention and the status of child rights in their country. Their reports and the committee's written views and concerns are available on the committee's website. Individuals can appeal to the Committee on the Rights of the Child if they believe that rights, according to

2905-666: The UNCRC treaty (some with stated reservations or interpretations). Every member of the United Nations except the United States has either ratified or accepted the rights articulated for the child under eighteen or below the age of majority in that state. The most recent ratifications of the convention were by Cook Islands , Niue , the State of Palestine , and the Holy See . South Sudan ratified

2988-727: The UNCROC Monitoring Group, which monitors the New Zealand Government's implementation of the Children's Convention, its Optional Protocols and the Government's response to recommendations from the United Nations Committee on the Rights of the Child. The monitoring group comprises members from the Human Rights Commission (New Zealand) , UNICEF New Zealand, Action for Children and Youth Aotearoa and Save

3071-738: The United Nations Committee on the Rights of the Child criticized Israel for its bombing attacks on Palestinians in the Gaza Strip , stating, "Destruction of homes and damage to schools, streets and other public facilities gravely affect children" and called them "gross violations of the convention on the Rights of the Child, its Optional Protocol on the involvement of children in armed conflict and international humanitarian law". It also criticized Palestinian rocket attacks from Gaza on southern Israel, which traumatized Israeli children, calling on all parties to protect children. New Zealand ratified

3154-694: The administration of juvenile justice in Azerbaijan, mostly regarding compliance with articles 37, 39, and 40 of the convention, as well as other relevant standards such as the Beijing Rules, the Riyadh Guidelines, and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Therefore, international organizations assisted Azerbaijan to improve the situation in the field of juvenile justice. Juvenile offenders have been added to

3237-548: The administration of the Canadian Passport Order from the Foreign Affairs and International Trade portfolio. On 4 November 2015, the name of the department has changed from Citizenship and Immigration Canada to Immigration, Refugees and Citizenship Canada. The office of minister of citizenship and immigration was created in 1950 by "Statute 13 George VI, c. 16". That office was abolished in 1966, and replaced by

3320-568: The committee expressed similar concerns, including the welfare of children in custody, unequal treatment of asylum seekers, and the negative impact of poverty on children's rights. In September 2008, the UK government decided to withdraw its reservations and agree to the convention in these respects. Although child slavery is difficult to gauge within the UK, child slaves are imported into the UK and sold. Laws and enforcement mechanisms against slavery and human trafficking were consolidated and strengthened in

3403-404: The constitution to make a more explicit commitment to children's rights. Israel ratified the convention in 1991. In 2010, UNICEF criticized the country for its failure to create a government-appointed commission on children's rights or adopt a national children's rights strategy or program to implement various Israeli laws addressing children's rights. The report criticizes Israel for holding that

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3486-565: The convention does not apply in the West Bank and for defining Palestinians under the age of 16 in the occupied territories as children, even though Israeli law defines a child as being under 18, in line with the convention. A contemporaneous report by the Organisation for Economic Co-operation and Development found that Israel's investment in children is below the international average. The actual investment had fallen between 1995 and 2006. In 2012,

3569-560: The convention in January 2015. Somalia 's domestic ratification finished in January 2015 and the instrument was deposited with the United Nations in October 2015. Taiwan incorporated the convention into domestic law on 20 November 2014, and signed an Instrument of Accession to the CRC on 16 May 2016. All successor states of Czechoslovakia (Czech Republic and Slovakia) and Yugoslavia (Bosnia and Herzegovina, Croatia, North Macedonia, Montenegro, Serbia, Slovenia) made declarations of succession to

3652-474: The convention on 16 December 1991, with several declarations and reservations, and made its first report to the Committee on the Rights of the Child in January 1995. Concerns raised by the committee included the growth in child poverty and inequality, the extent of violence towards children, the use of custody for young offenders, the low age of criminal responsibility, and the lack of opportunities for children and young people to express views. The 2002 report of

3735-604: The convention on 27 March 1992, Thailand registered the following reservation: "The application of Articles 7, 22 and 29 of the Convention on the Rights of the Child shall be subject to the national laws, regulations and prevailing practices in Thailand." This reservation was withdrawn on 11 April 1997 with respect to article 29 (goals of education), on 13 December 2010 with respect to article 7 (birth registration, name, nationality, care) and finally on 30 August 2024 with respect to article 22 (refugee children). The United Kingdom ratified

3818-522: The convention on 6 April 1993 with reservations concerning the right to distinguish between persons according to the nature of their authority to be in New Zealand, the need for legislative action on economic exploitation—which it argued was adequately protected by existing law, and the provisions for the separation of juvenile offenders from adult offenders. In 1994, the Court of Appeal of New Zealand dismissed

3901-446: The convention states that state parties must "take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence", but it makes no reference to corporal punishment . The committee's interpretation of this section to encompass a prohibition on corporal punishment has been rejected by several state parties to the convention, including Australia , Canada and

3984-448: The convention, have been violated. The third possibility for monitoring the implementation of the convention is inquiries that the Committee on the Rights of the Child can carry out on their own initiative if they have reliable information that leads them to believe that a member state has violated the convention's rights. However, "states ... may opt-out from the inquiry procedure, at the time of signature or ratification or accession". Once

4067-403: The current position, the offices responsible for immigration in Canada throughout history include the minister of immigration and colonization (1917–1936), minister of mines and resources (1936–1950), minister of citizenship and immigration (1950–1966), minister of manpower and immigration (1966–1977), minister of employment and immigration (1977–1996). The minister of immigration and colonization

4150-426: The death penalty for the eight men, which if granted will make them ineligible for pardon. South Korea ratified the Convention of the Rights of the Child in 1991. The country then created further legislation to protect children experiencing physical and sexual abuse. However, a 2002 report indicated that South Korea had not yet satisfied article 12 of the CRC and that corporal violence of children in certain settings

4233-557: The defence of "reasonable corporal punishment". The States Assembly incorporated the Convention into domestic law through the passage of the Children (Convention Rights) (Jersey) Law 2022. The United States government played an active role in the drafting of the convention and signed it on 16 February 1995, but has not ratified it. It has been claimed that American opposition to the convention stems primarily from political and religious conservatives. For example, The Heritage Foundation considers that "a civil society in which moral authority

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4316-848: The development of the child welfare system. In this regard, the Convention No. 182 of the International Labour Organization , i.e. the Convention on the Elimination of the Worst Forms of Child Labour , the Recommendation No. 190 of the International Labour Organization and the Hague Adoption Convention were ratified by Milli Majlis, the parliament of Azerbaijan, in 2004. There is a concern over

4399-497: The domestic laws and Islamic standards at any time or in any case, the Government of the Islamic Republic shall not abide by it." Iran has also signed both optional protocols which relate to the special protection of children against involvement in armed conflict and the sale of children and sexual exploitation. Although Iran is a state party to the convention, international human rights organisations and foreign governments routinely denounced executions of Iranian child offenders as

4482-426: The establishment of standards and strategies designed to prevent or overcome the abuse of children's capacity to work. Some scholars link child marriages to slavery and slavery-like practices. Child marriage as slavery is not directly addressed by the convention. The term "party" refers to a State that gives its explicit consent to be bound by the treaty.   As of 12 July 2022, 196 countries are parties to

4565-405: The family enterprise and participate in the entertainment industry. It must not harm their school education and they must not work between 7 p.m. and 8 a.m. Iran has adhered to the convention (except for alleged child slavery) since 1991 and ratified it in the Parliament in 1994. Upon ratification, Iran made the following reservation: "If the text of the Convention is or becomes incompatible with

4648-414: The law came into force did not lose citizenship as a result of these amendments. The law was made retroactive to the time of birth or loss of citizenship, and gave citizenship to the following categories of people: The exceptions are those born in Canada to a foreign diplomat, those who renounced their citizenship with Canadian authorities, and those whose citizenship was revoked by the government because it

4731-485: The minister of manpower and immigration as of 1 October 1966. Following the minister of manpower and immigration (1966–1977) and the minister of employment and immigration (1977–1996), the office responsible for immigration in Canada would again be titled minister of citizenship and immigration, which was created in 1994 and is currently in effect (though changing its name to the minister immigration, refugees and citizenship as of 2015). Minister of Manpower and Immigration

4814-456: The minister of manpower and immigration. On 12 July 1996, the office of the minister of employment and immigration was abolished and replaced with the office of minister of human resources development . The portfolio for immigration was transferred to the office of minister of citizenship and immigration following the reorganization of the government and formation of the department for Citizenship and Immigration Canada . Convention on

4897-425: The minister of manpower and immigration. The office responsible for immigration in Canada would again be titled minister of citizenship and immigration," with its creation in 1994 by the Department of Citizenship and Immigration Act (Statute 42–43 Elizabeth II, c. 31), succeeding the minister of employment and immigration. Though having its name changed in 2015 to minister of immigration, refugees and citizenship,

4980-427: The minister. There have been several offices throughout history responsible for immigration in Canada. From 1917 to 1936, the office responsible for citizenship and immigration in Canada was the minister of immigration and colonization. The portfolios thereafter fell under the ministers of mines and resources and of reconstruction and supply until 1950, when the office of the minister of citizenship and immigration

5063-411: The office created in 1994 as the minister of citizenship and immigration" is still the one that is currently in effect and is responsible for Immigration, Refugees and Citizenship Canada . The following immigration ministers are those who assumed the position under the office that was created in 1994. There have been several offices throughout history responsible for immigration in Canada. Prior to

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5146-413: The original phenomenon, included a provision that Canadian citizens by birth who were born outside Canada could not pass citizenship to their children born outside the country. This in turn has led to the potential creation of a new group of "Lost Canadians", with one notable example being Rachel Chandler, born in China to a Libya-born son of Canadian parents and a Chinese woman. Because her parents' marriage

5229-473: The post of minister of citizenship and immigration was resuscitated by the Department of Citizenship and Immigration Act , substantially revamping the immigration and citizenship portfolios. In 2008, the office was renamed to the minister of citizenship, immigration and multiculturalism, only to again drop the multiculturalism portfolio in 2013. As of 2 July 2013, the Citizenship and Immigration portfolio inherited primary responsibility for Passport Canada and

5312-399: The practice of closed adoption may also require an overhaul in light of the Convention's position that children have a right to identity from birth. During his 2008 campaign for president, Senator Barack Obama described the failure to ratify the convention as "embarrassing" and promised to review the issue but, as president, he never did. No president of the United States has submitted

5395-512: The proposed legislation, anyone born before 1947 to a Canadian citizen abroad would be dealt with on a case-by-case basis; such individuals would have to apply for a ministerial permit. Bill C-37, which received Royal Assent on April 17, 2008, amended the Citizenship Act to give Canadian citizenship to those who lost or never had it due to certain provisions in existing and former legislation. The law came into effect on April 17, 2009, one year following Royal Assent . People who were citizens when

5478-479: The provisions of Islamic law" which is the national law. The Committee on the Rights of the Child, which reviewed Saudi Arabia's treatment of children under the convention in January 2005, strongly condemned the government for its practice of imposing the death penalty on juveniles, calling it "a serious violation of the fundamental rights". The committee said it was "deeply alarmed" over the discretionary power judges hold to treat juveniles as adults: In its 2004 report,

5561-420: The remaining people in this category die off. One person who died while waiting for citizenship (in February 2009) was Guy Valliere, a World War II veteran who had been publicly promised citizenship by Diane Finley. Kasey Neal, aged two and a half as of 2010, was denied citizenship because her grandparent was a female Canadian rather than a male Canadian. Citizenship and Immigration Canada (CIC) claimed that she

5644-487: The responsibilities belonging to the offices of minister of immigration and colonization, as well as of the minister of the interior , minister of mines , and superintendent-general of Indian affairs . The last minister of immigration and colonization, Thomas Alexander Crerar , remained in office under the new title of minister of mines and resources. The office of minister of citizenship and immigration came in force on 18 January 1950, and would be abolished and replaced by

5727-411: The son of a Canadian soldier posted to CFB Lahr in Cold War -era West Germany ) and Lucero Rodriguez (an immigrant from Mexico to Canada), holds a Mexican passport with a Canadian visa but has been denied Canadian citizenship due to being second generation born abroad. In addition, some people born abroad in the second and subsequent generations not entitled to citizenship under previous versions of

5810-402: The suggestion that the Minister for Immigration and his department were at liberty to ignore the convention, arguing that this would imply that the country's adherence was "at least partly window-dressing". The Children's Commissioner Act 2003 enhanced the Office of the Children's Commissioner (OCC), giving it significantly stronger investigative powers. The OCC is responsible for convening

5893-428: The treaty and currently apply it. The convention does not apply in the territories of Tokelau , Akrotiri and Dhekelia and Gibraltar . Guernsey was also excluded until 2020. Azerbaijan ratified the convention on 21 July 1992. In terms of the ratification of the convention, a significant number of laws, decrees and resolutions were approved in Azerbaijan by the President and the Cabinet of Ministers focusing on

5976-600: The treaty to the Senate requesting its advice and consent to ratification since the US signed it in 1995. The United States has ratified two of the optional protocols to the convention: the Optional Protocol on the Involvement of Children in Armed Conflict, and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. There are three optional protocols to

6059-571: Was 20. Her passport was issued later that year, after the government was forced to act due to media coverage of the incident in the Vancouver Sun newspaper. Sandra Burke came to Canada at six years of age with her Canadian father after her American mother died. He then abandoned her, and she was raised by her paternal grandmother in Toronto and P.E.I. She has been unable to produce copies of her entry documents to Canada, and as of September 2010,

6142-498: Was a former position in the Cabinet of Canada from 1966 to 1977. The position was created after the minister of citizenship and immigration was dissolved in 1966. It was abolished and replaced with the minister of employment and immigration in 1977. The minister of employment and immigration was an office in the Cabinet of Canada , in operation from 1977 to 1996, and was first held by Bud Cullen , who continued from his preceding role as

6225-492: Was adopted in December 2011 and opened for signature on 28 February 2012. It came into effect on 14 April 2014. The convention deals with child-specific needs and rights. It requires that the "nations that ratify this convention are bound to it by international law." Ratifying states must act in the best interests of the child. In all jurisdictions implementing the convention requires compliance with child custody and guardianship laws as every child has basic rights, including

6308-419: Was an office in the Cabinet of Canada from 1917 to 1936, superseded by the minister of mines and resources . After 1950, the position has been succeeded by minister of citizenship and immigration (1950–1966), minister of manpower and immigration (1966–1977), and minister of employment and immigration (1977–1996). The minister of mines and resources was a cabinet portfolio from 1936 to 1950 that had absorbed

6391-513: Was created in 1994 by the Department of Citizenship and Immigration Act . As of 2 July 2013, the Immigration, Refugees and Citizenship portfolio inherited primary responsibility for Passport Canada and the administration of the Canadian Passport Order from the Foreign Affairs and International Trade portfolio. The Immigration and Refugee Board of Canada , though independent, also reports to

6474-465: Was ended for minors in April 2020. On 20 October 2020, Human Rights Watch said that Saudi Arabia was seeking the death penalty against eight Saudi men who were accused of committing protest-related crimes at the age of 14 and 17. One of the boys who turned 18 in 2020 was charged with a nonviolent crime that he allegedly committed aged 9. Under the hudud – an Islamic law – prosecutors have reportedly sought

6557-494: Was established. In 1966, the Citizenship and Immigration ministry was largely replaced by that of the minister of manpower and immigration, who would keep responsibility over immigration until 1977. From then on, the immigration portfolio would fall under the minister of employment and immigration until 1996. In January 1991, the office of minister of multiculturalism and citizenship was created, adopting responsibility over citizenship matters. This office lasted until 1994, when

6640-509: Was not interpreted by the CIC in favour of her case for citizenship. This denial of citizenship is being brought before judicial review and could lead to a class-action lawsuit if the Supreme Court's decision is ignored by CIC. In September 2010, Priscilla Corrie (87), a "war bride", was denied a Canadian passport despite having received passports in the past and despite being on Old Age Pension and Canadian Pension Plan and having come to Canada when she

6723-586: Was not recognized by China at the time of her birth, she was not granted citizenship by China, and because she was born after Bill C-37 took effect, her father could not pass on his Canadian citizenship to her. This apparently rendered her stateless (which is against the Convention on the Rights of the Child , of which Canada is a signatory). Chandler now holds an Irish passport. She was entitled to Irish citizenship through her Irish-born paternal grandfather. John Nicolas Fortin-Rodriguez of Magog, Quebec , born in Mexico in 2011 to Patrick Fortin (himself born abroad,

6806-469: Was obtained by fraud. As of 2009, there are still some people who are sometimes referred to as Lost Canadians, including some children of war brides, children born out of wedlock during the Second World War, and Mennonites who have been refused citizenship by the Canadian government. As of 21 October 2009, there were currently 81 people who are asserted to be such cases, but this number is shrinking as

6889-682: Was ratified by the required number of nations. As of 28 November 2024, 196 countries are party to it, including every member of the United Nations except the United States . Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution and child pornography . More than 170 states have ratified both protocols. A third optional protocol relating to communication of complaints

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