Canadian Citizenship Act of 1977
The Canadian Citizenship Act of 1977, officially known as "An Act Respecting Citizenship," marked a significant advancement in Canada's approach to citizenship following the abolition of racist immigration policies in the 1960s. Implemented on February 15, 1977, this legislation established clear requirements and procedures for individuals seeking Canadian citizenship. Applicants must have been at least 18 years old, permanent residents, proficient in one of Canada’s official languages, and had to demonstrate a meaningful connection to the country while understanding the responsibilities that come with citizenship.
The act ensured equality under the law for all citizens, irrespective of their place of birth or ancestry, and included a formal oath of allegiance to the Crown. It also provided a mechanism for individuals to renounce their citizenship under certain conditions. The act outlined circumstances under which citizenship could not be granted, such as ongoing criminal investigations, and detailed penalties for fraudulent practices related to citizenship documentation. Importantly, it was designed to work in tandem with the Immigration Act of 1976 to promote non-discrimination and fair treatment in immigration processes. Overall, the Canadian Citizenship Act of 1977 was a pivotal step towards a more inclusive and equitable framework for citizenship in Canada.
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Subject Terms
Canadian Citizenship Act of 1977
Identification Legislation that spells out requirements and procedures for obtaining, retaining, renouncing, and resuming citizenship
Date Took effect on February 15, 1977
This act equalized and improved access to Canadian citizenship for all applicants, defining citizenship as a right rather than as a privilege. It grew out of the sweeping changes of the 1960’s, including the liberalization of immigration policy, the acceptance of diversity, and the growing recognition that British immigrants should no longer be given special treatment.
Canada’s racist immigration policy was abolished in the 1960’s, and that move opened the door for new legislation on requirements and procedures for citizenship. Properly called “An Act Respecting Citizenship,” the legislation went into effect on February 15, 1977, following several years of vigorous national debate.
Ministers appointed by the Governor in Council, citizenship judges, and review committees administered the act at the provincial level, and cases were taken to federal court for final decisions. In order for applicants to qualify for citizenship, they had to be at least eighteen years of age and a permanent resident, have an adequate knowledge of Canada’s official languages, demonstrate a substantial connection to the country, and know and accept the responsibilities of citizenship. The minister granted citizenship, and all new citizens received a certificate confirming their status. Citizens were guaranteed equality under the law regardless of place of birth or ancestry.
The final step in the citizenship process was the oath or affirmation: “I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfill my duties as a Canadian citizen.” Citizens could also renounce Canadian citizenship if they met the necessary requirements; that is, the person could not be a minor, had to be mentally competent, and had to show proof of citizenship in another country or intent to gain citizenship elsewhere. Persons could not be granted citizenship if they were on parole or probation or under investigation by Canadian authorities. The act also outlined procedures for the loss and resumption of citizenship.
Applicants could appeal to the federal court from the decision of the citizenship judges, and all court decisions were deemed final. The act also spelled out offenses and punishments for the fraudulent use of certificates, such as false identification and the trafficking of counterfeit documents. A person could receive up to three years in prison and a fine of several thousand dollars for the misuse of certificates.
Impact
The Canadian Citizenship Act of 1977 was consistent with the Immigration Act of 1976, which stipulated nondiscrimination in immigration and cooperation among all levels of government in the fair and equitable treatment of noncitizens.
Bibliography
Driedger, Leo, ed. The Canadian Ethnic Mosaic: A Quest for Identity. Toronto: McClelland and Stewart, 1978.
Pal, Leslie A. Interests of State: The Politics of Language, Multiculturalism, and Feminism in Canada. Montreal: McGill-Queen’s University Press, 1995.