In court, government Consultants were asked to explain the reasoning behind the available options for lost Canadians to obtain citizenship and the difficulties faced by families affected by the rule that restricts the transmission of citizenship rights by descent for those born outside of the country. The counsel for the federal government has argued that there is no constitutional right to citizenship and that alternative pathways exist for children born outside Canada to Canadian citizens who are foreign-born and cannot inherit citizenship due to the second-generation cut-off rule. To pass on citizenship for the first generation born abroad, the only requirement is to have a child born in Canada to maintain a connection to the country.
