Woman born out of wedlock is not a Canadian citizen due to 1946 Act

Jackie Scott was born in England in 1945 to an English mom and a Canadian dad.

However, despite thinking her whole life she was a Canadian citizen, Scott found out a few years ago she has been excluded from being a citizen based on the 1946 Canadian Citizenship Act.

“I’m being considered unworthy to be a Canadian citizen because I was born out of wedlock,” said Scott, who added that it is discrimination. “It doesn’t matter that my parents were married for nearly 50 years and my birth has been legitimized. The government is just not observing the charter when it applies to citizenship law.”

Scott was in court today seeking a judicial review of her exclusion.

She was a war bride child, and left England with her mom to join her dad in Toronto in 1948. She grew up in Canada and then moved to the United States with her family for work when she was 22 years old.

It was only in 2004 that she discovered she was not a Canadian citizen when she applied for her certificate while living in the U.S. Her application was denied as she was born out of wedlock.

She said she was never told she was not a Canadian citizen.

“It’s difficult, you’re looked at differently,” said Scott.

Don Chapman, from the organization Lost Canadians, said this should be a warning to everyone.

“This should send shivers up the spine of every Canadian,” he said. “Citizenship is a product of statute and has no meaning apart from statute. That means, Harper could conceivably say you’re not a Conservative, you’re not Canadian.”

Scott’s lawyer is now asking that her  application be adjourned because of a technicality.

“It’s like you are somebody on the outside looking, like the orphaned child that’s pushed aside,” said Scott. “It doesn’t make you feel very good. All my family is Canadian except me.”

We will update this story with more information when it becomes available.