Citizenship Certificate Surrender Faces Charter Questions

A federal move requiring some Canadian citizens born outside the country to surrender their citizenship certificates may raise serious constitutional concerns, according to legal experts.

On June 13, 2026, the Registrar of Citizenship sent letters in large numbers to people who hold proof of Canadian citizenship certificates. The letters ordered them to immediately return their certificates while federal officials investigate their cases.

The order was issued under Citizenship Regulations 26(1), which allows the Registrar to demand the surrender of a citizenship certificate if officials believe the holder may not be entitled to it.

Charter Concerns Raised

Immigration lawyer Ala Bujac of Cohen Immigration Law said the rule may conflict with rights protected under the Canadian Charter of Rights and Freedoms.

“This section of the Citizenship Regulations appears to threaten all the citizenship rights of every Canadian citizen who was not born on Canadian soil,” Bujac said on June 17, 2026.

She said there is “a possible challenge” to the letters because they may violate the Charter.

The Charter protects people from discrimination, including discrimination based on national or ethnic origin. Canadian citizens also receive the full protection of Charter rights under the Citizenship Act.

Proof of Citizenship Becomes Central Issue

The concern is not that affected people automatically lose their citizenship when they surrender their certificates. A citizen by descent remains a Canadian citizen under the law while the government reviews their file.

However, lawyers say the practical problem is serious. Without the certificate, a citizen by descent may struggle to prove Canadian citizenship and use related rights in daily life.

That could affect situations where proof of citizenship matters, such as dealing with government offices, applying for documents, or confirming legal status.

Different Treatment for Citizens Born in Canada

Experts also point to a major difference between citizens born in Canada and citizens by descent.

People born in Canada usually prove citizenship with a birth certificate. Those birth certificates are not subject to forced surrender under Citizenship Regulations 26(1).

Citizens by descent, by contrast, often rely on a citizenship certificate as their main proof. If the government takes that certificate during an investigation, they may hold the same legal status but lack the same practical ability to prove it.

Bujac said a court may find that the regulation disadvantages citizens by descent because of their national origin.

Court Challenge Could Take Years

If affected certificate holders bring a Charter challenge, a court would likely examine Section 15(1), which protects equality rights.

The court may then consider whether any breach can be justified under Section 1 of the Charter. That section allows reasonable limits on rights if the government can show the limits are justified in a free and democratic society.

For now, affected certificate holders face uncertainty while the government investigates their files. Legal experts say a final constitutional answer may take years if the issue reaches court.