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Feds won’t appeal landmark citizenship ruling for ‘Lost Canadians’

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The federal government will not appeal a court ruling that found part of Canada’s Citizenship Act to be unconstitutional.

Last month, an Ontario Superior Court justice found the federal government violated Charter rights with its “second-generation cut-off” rule, which denies automatic citizenship to children born abroad if their Canadian parents were also born abroad.

In an interview with CBC News Sunday, lawyer Sujit Choudhry confirmed federal government representatives informed him last week that there would be no appeal.

Ottawa had 30 days to appeal the ruling — a deadline that passed on Thursday.

“My clients are relieved. It’s been a long, hard fight,” said Choudhry, who is representing families affected by the law.

Choudhry filed a constitutional challenge in December 2021, suing the federal government for denying his clients the right to transmit their citizenship to their foreign-born offspring.

Critics have long said the law creates two tiers of citizenship, creating different rules for Canadians depending on whether they were born abroad.

In her December ruling, Ontario Superior Court Justice Jasmine Akbarali agreed, writing that foreign-born Canadians born abroad hold “a lesser class of citizenship because, unlike Canadian-born citizens, they are unable to pass on Canadian citizenship by descent to their children born abroad.”

The case is lauded as a win for up to 200,000 “Lost Canadians” — groups of people not considered citizens because of gaps or contested interpretations of citizenship law.

The second-generation cut-off was created in 2009 as part of a crackdown by Prime Minister Stephen Harper’s government on Canadian citizens who lived permanently outside of the country. The move came in response to an $85-million evacuation of 15,000 Lebanese Canadians stranded in Beirut during the 2006 conflict between Israel and Hezbollah.

In her ruling, Akbarali noted public anxiety over the Beirut evacuation, but wrote “the highest the evidence goes is to show that some people were concerned about it… there is no evidence to demonstrate that there are citizens without a connection to Canada, nor that if any such citizens exist, that their existence or citizenship creates any kind of problem.”

Federal government must act

The federal government has six months to repeal the second-generation cutoff in the law — a move that will require either fresh legislation, or potentially the passage of a bill already being debated.

Senate Bill S-245 was amended in committee to remove the second-generation cut-off rule and replace it with a “substantial connections test” to pass on citizenship to the children of foreign-born Canadians who were born abroad.

In her ruling, Akbarali described S-245 as a “head start” for Parliamentarians to amend the Citizenship Act law to make it fully constitutional within six months.

How the federal government will respond is unclear. The office of Immigration, Refugees and Citizenship Canada Minister Marc Miller declined to comment.

The court also ordered the federal government to grant citizenship to the four foreign-born children of three Canadian families involved in the case. Choudhry says they received certifications of their citizenship last week.

“They’re beyond elated,” he said.

 

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Christian McCaffrey is placed on injured reserve for the 49ers and will miss at least 4 more games

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SANTA CLARA, Calif. (AP) — The San Francisco 49ers placed All-Pro running back Christian McCaffrey on injured reserve because of his lingering calf and Achilles tendon injuries.

The move made Saturday means McCaffrey will miss at least four more games after already sitting out the season opener. He is eligible to return for a Thursday night game in Seattle on Oct. 10.

McCaffrey got hurt early in training camp and missed four weeks of practice before returning to the field on a limited basis last week. He was a late scratch for the opener on Monday night against the Jets and now is sidelined again after experiencing pain following practice on Thursday.

McCaffrey led the NFL last season with 2,023 yards from scrimmage and was tied for the league lead with 21 touchdowns, winning AP Offensive Player of the Year.

The Niners made up for McCaffrey’s absence thanks to a strong performance from backup Jordan Mason, who had 28 carries for 147 yards and a touchdown in San Francisco’s 32-19 victory over the New York Jets. Mason is set to start again Sunday at Minnesota.

After missing 23 games because of injuries in his final two full seasons with Carolina, McCaffrey had been healthy the past two seasons.

He missed only one game combined in 2022-23 — a meaningless Week 18 game last season for San Francisco when he had a sore calf. His 798 combined touches from scrimmage in the regular season and playoffs were the third most for any player in a two-year span in the past 10 years.

Now San Francisco will likely rely heavily on Mason, a former undrafted free agent out of Georgia Tech who had 83 carries his first two seasons. He had at least 10 touches just twice before the season opener, when his 28 carries were the most by a 49ers player in a regular-season game since Frank Gore had 31 against Seattle on Oct. 30, 2011.

The Niners also have fourth-round rookie Isaac Guerendo and Patrick Taylor Jr. on the active roster. Guerendo played three offensive snaps with no touches in the opener. Taylor had 65 carries for Green Bay from 2021-23.

San Francisco also elevated safety Tracy Walker III from the practice squad for Sunday’s game against Minnesota.

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AP NFL:

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Canada’s Newman, Arop secure third-place finishes at Diamond League track event

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BRUSSELS – Canada walked away with some hardware at the Diamond League track and field competition Saturday.

Alysha Newman finished third in women’s pole vault, while Marco Arop did the same in the men’s 800-metre race.

Newman won a bronze medal in her event at the recent Paris Olympics. Arop grabbed silver at the same distance in France last month.

Australia’s Nina Kennedy, who captured gold at the Summer Games, again finished atop the podium. Sandi Morris of the United States was second.

Newman set a national record when she secured Canada’s first-ever pole vault medal with a bronze at the Olympics with a height of 4.85 metres. The 30-year-old from London, Ont., cleared 4.80 metres in her second attempt Saturday, but was unable conquer 4.88 metres on three attempts.

Arop, a 25-year-old from Edmonton, finished the men’s 800 metres with a time of one minute 43.25 seconds. Olympic gold medallist Emmanuel Wanyonyi of Kenya was first with a time of 1:42.70.

Djamel Sedjati, edged out by Arop for silver in Paris last month, was second 1:42.87

This report by The Canadian Press was first published Sept. 14, 2024.

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Bologna prepares for Champions League debut with draw at Como while Juventus held

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MILAN (AP) — Bologna’s preparations for its Champions League debut are not going well though it managed to spoil Como’s first Serie A home match in 21 years on Saturday.

Bologna came from two goals down to salvage a 2-2 draw to gather three points from its opening four matches.

Bologna hosts Shakhtar Donetsk on Wednesday. Its only other appearance in Europe’s top competition was in 1964 in the preliminary round of the old European Cup.

AC Milan is also winless as it prepares for a Tuesday Champions League match against Liverpool. The Rossoneri hosted promoted Venezia later. Juventus drew at Empoli 0-0.

Como made a great start in the fifth minute when Patrick Cutrone attempted to roll the ball across the six-yard box but it took a huge deflection off Bologna defender Nicolò Casale for an own goal.

Bologna thought it was gifted a way back into the match on the stroke of halftime when referee Marco Piccinini signalled for a penalty following an Alberto Moreno handball, but he revoked his decision and instead gave a free kick because the handball was just outside the area.

Bologna improved after the break but found itself further behind when Cutrone raced onto a through ball and cut inside past a defender and fired into the far bottom corner.

Tommaso Pobega hit the post for Bologna, which finally pulled one back in the 76th through substitute Santiago Castro.

Another substitute helped the visitors snatch a point when Samuel Iling-Junior curled a fine strike into the top left corner in stoppage time.

Unbeaten sides

Juventus, and more surprisingly Empoli, are among six unbeaten sides.

Empoli held Monza and Bologna to draws either side of a shock 2-1 win at Roma. Juventus’ perfect start to the season was ruined by Roma in a goalless draw before the international break.

On Saturday, there were few clearcut chances in Empoli although home goalkeeper Devis Vásquez made spectacular saves to fingertip out a Federico Gatti header and deny Dusan Vlahovic in a one on one with the Juventus forward.

Empoli had a good opportunity in the 73rd minute following an Alberto Grassi one-two with Pietro Pellegri but the finish was straight at Mattia Perin.

The host could have won it right at the death but Gatti flew in with a great sliding block to keep out Emanuel Gyasi’s close-range effort.

Juventus hosts PSV Eindhoven in the Champions League on Tuesday.

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AP soccer:

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