Revocation of Canadian Citizenship

Eletronic petition e-5353 calls upon the Prime Minister to revoke Elon Musk's dual citizenship status, and revoke his Canadian passport effective immediately. The online petition has gathered over 340,000 signatures to date and is on track to become one of the most popular in the history of the House of Commons. For those seeking or holding Canadian citizenship, understanding the nuances of revocation is crucial. Time to look at the criteria for revoking Canadian citizenship, break down the key changes to the Canadian Citizenship Act, and how these changes intersect with the fundamental principles of acquiring citizenship.


Citizenship Principles 

Countries tend to adopt one or more of three common principles as the basis for conferring citizenship.

1. Jus Soli (Right of Soil):

This principle grants citizenship to individuals born within a country's territory. Canada adheres to jus soli, meaning that generally, children born in Canada are automatically Canadian citizens.

2. Jus Sanguinis (Right of Blood):

This principle grants citizenship based on parental citizenship. Canada also recognizes jus sanguinis, allowing individuals to claim citizenship through their Canadian parent(s).

3. Jus Matrimonii (Right of Marriage): 

While marriage to a Canadian citizen doesn't automatically grant citizenship, it can be a pathway to citizenship by first becoming a permanent resident through the sponsorship process.

This last option to gain Canadian citizenship is also known as naturalization. It is a legal process that transforms a permanent resident of Canada into a Canadian citizen. Permanent residents do not automatically become citizens but must apply for a grant of citizenship and meet certain criteria, including language skills and residency requirements.


Musk was born in Pretoria, South Africa and is a South African citizen through jus soli. He gained Canadian citizenship through his mother, who was born in Regina, Saskatchewan, via jus sanguinis. He reportedly obtained US citizenship through naturalization.

The Evolution of Revocation: A Timeline

Revoking citizenship means that the Canadian government is removing a person's citizenship. Under the current Canadian Citizenship Act, a person's citizenship can be revoked if the person obtained, retained, renounced or resumed their citizenship by false representation (misrepresentation) or fraud or by knowing concealment of material circumstances. Revocation is a lengthy process inluding a Request for Information letter from IRCC, a Notification Letter and finally a decision from the Federal Court or, upon request, the Minister. If Canadian citizenship is revoked,10 years must pass from the date of revocation to get citizenship again.

Historically, the Canadian Citizenship Act lacked provisions for revoking citizenship based on acts against Canada's national interest. This remained the case until June 19, 2014, when the Strengthening Canadian Citizenship Act introduced the possibility of revoking or denying citizenship. This applied to dual citizens or Canadian permanent residents who engaged in armed conflict against Canada as part of an armed force or organized armed group, or who were convicted of terrorism, high treason, treason, or spying offences, depending on the severity of the sentence. However, this provision was short-lived. On June 19, 2017, Bill C-6, an Act to amend the Citizenship Act, repealed the provision allowing revocation for acts against Canada's national interest. Dual citizens living in Canada who are convicted of these crimes will face the Canadian justice system, like other Canadian citizens who break the law. Crucially, this amendment also ended the practice of revoking citizenship from dual citizens on "national security" grounds. 

The online petition against Elon Musk accuses him of "using his wealth and power" in the Trump administration to influence Canada's elections and says he has engaged in "activities that go against the national interest of Canada." It further states that "He has now become a member of a foreign government that is attempting to erase Canadian sovereignty." Recently, Musk responded to a post about the petition on his social media platform X (formerly known as Twitter), saying "Canada is not a real country." The post has since been deleted.

Under the current Citizenship Act, national security, treason or similar offences are no longer reasons for revoking citizenship. As such, Canada has no legal basis for revoking Musk's citizenship on these grounds. 


What This Means for You

The repeal of the revocation provision in Bill C-6 provides greater security for dual citizens. However, it's essential to remember that Canadian citizenship is a privilege and comes with responsibilities. While the risk of revocation based on national security grounds has decreased, other grounds for losing citizenship could still exist, such as misrepresentation during the application process. Immigration law is complex and subject to change. Work with a Regulated Canadian Immigration Consultant (RCIC) to stay up-to-date on the latest developments and receive accurate and reliable guidance. If you have any questions or concerns about your Canadian citizenship, contact us for a consultation.


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