Wednesday, Sep. 24, 2025
Did a court ruling make half of Maine eligible for Canadian citizenship? | Fact brief
A December 2023 court ruling found some of Canada’s citizenship restrictions unconstitutional but did not open eligibility to half of Maine.
The so-called Bjorkquist decision struck down Canada’s “first-generation limit” on citizenship by descent. That rule prevented Canadians born outside the country from passing citizenship to their foreign-born children.
In June, Canada introduced legislation to replace the rule. It would allow certain Canadian citizens born abroad to pass on citizenship to their children if they can show a “substantial connection” to Canada, such as living there for at least three years before the child’s birth.
The new rules would apply only to people with at least one Canadian parent who meets the criteria.
According to the U.S. Census Bureau’s 2024 American Community Survey, about 96,000 Mainers, or roughly 6.8% of the state’s population, identify as having any Canadian or French Canadian ancestry — far less than half.
This fact brief is responsive to conversations such as this one.
Sources
- Government of Canada Ontario Superior Court of Justice’s Decision on First Generation Limit
- Government of Canada Citizenship by Descent and Lost Canadians
- Government of Canada The Government of Canada introduces citizenship by descent legislation for Canadians
- U.S. Census Bureau 2024 American Community Survey
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Fact briefs are bite-sized, well-sourced explanations that offer clear "yes" or "no" answers to questions, confusions, and unsupported claims circulating online. They rely on publicly available data and documents, often from the original source. Fact briefs are written and published by newsrooms in the Gigafact network.
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