February 24, 2026
Today was a special day.
For me it was special because I was invited to be a guest at the official ceremony of a person taking the oath of citizenship and becoming a new Canadian citizen. It was humbling to be invited to share such a special day.
For the newly minted Canadian, it was a special day for two reasons.
First – what he had gained: He had achieved his goal of naturalizing as a Canadian citizen. He had come to Canada as a visitor, received a work permit, become a permanent resident of Canada and then naturalized as a Canadian citizen. He had gained the security of becoming a citizen in the country where he lives and works.
Second – what he had lost:, He lost his citizenship in India. This is because as a citizen of India, becoming a citizen of Canada meant that he would no longer be a citizen of India. India does NOT allow dual citizenship. India does allow citizens who naturalize as a citizen of another country to officially become an “OCI” (“Overseas Citizen Of India“). “OCI” status does not give one the full status of a citizen of India. Those with “OCI” may not vote, hold public office or purchase agricultural land. They (humanely) are permitted to return to India to visit and or live.
He could have lived in Canada indefinitely as a permanent resident and remained a citizen of India. But, significantly he made the choice to lose his citizenship of India and become a citizen of Canada. Citizenship is important to one’s identity and often the key to opportunities.
Citizenship is part of where we have been, who we are, how we define ourselves in the present and what we aspire to in the future.
The importance of and the “Human Rights” implications of citizenship
Why citizenship isimportant and what does citizenship mean?
The meaning, importance and value of citizenship is expressed by the former United States Chief Justice Warren in the 1958 case of Perez v. Brownell. Writing in dissent (starting on page 21), Justice Warren writes that:
Citizenship is man’s basic right for it is nothing less than the right to have rights. Remove this priceless possession and there remains a stateless person, disgraced and degraded in the eyes of his countrymen. He has no lawful claim to protection from any nation, and no nation may assert rights on his behalf.’ His very existence is at the sufferance of the state within whose borders lie happens -to be. In this country the expatriate would presumably enjoy, at most, only the limited rights and privileges of aliens, ‘ and like the alien he might even be subject to deportation and thereby deprived of the right to assert any rights This government was not established with power to decree this fate.
Human rights implications of citizenship
Citizenship is a big deal! It provides membership in a community. It gives one the “right to have rights”. Significantly, it’s importance in recognized in Article 15 of the International Declaration Of Human Rights which says:
Article 15
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Germany has program to restore the citizenship of those who were stripped of their citizenship during the Nazi era. The existence of the program is an expression of the importance of citizenship in the world of human rights. See the following:
Put more simply: Citizenship is your past, present and future!
One hundred twenty-one people took the oath of Canadian citizenship on this particular day, in this particular ceremony, at this particular location. Some changed their nationality. Some were deprived of another nationality. It was a remarkable “cross section” of humanity. It included people of all ages and (so we were told) citizens of 32 other countries. All 121 people took the oath of citizenship at the same time. Interestingly and significantly it was a “non-renunciatory oath”. In other words, people were NOT required to (ceremonially) renounce whatever other citizenship(s) they had. Canada did not require its new citizens to give up anything to become a Canadian citizen. Yet Canada gave them everything in becoming Canadian citizens. The Canadian citizenship ceremony respected diversity in many respects – including multiple citizenships.
The Canadian citizenship ceremony was an extraordinary moment of patriotism, community and bonding. It was a recognition that:
What unites us as Canadians is far greater than what divides us.
Many of the invited guests joined in and reconfirmed their commitment to Canada by retaking the Canadian oath of citizenship.
I swear (or affirm)
That I will be faithful
And bear true allegiance
To His Majesty
King Charles the Third
King of Canada
His Heirs and Successors
And that I will faithfully observe
The laws of Canada
Including the Constitution
Which recognizes and affirms
The Aboriginal and treaty rights of
First Nations, Inuit and Métis peoples
And fulfil my duties as a Canadian citizen.
The ceremony and procedure consumed most of the day. This included the time to travel to the ceremony, waiting for the ceremony to begin, watching the ceremony and a late congratulatory lunch. It gave me the opportunity to think about citizenship all day.
Some thoughts on citizenship
1. For the vast majority of humanity, citizenship is conferred by the circumstances of birth (where were you born or who were your parents). Only those who naturalize as citizens of another country (in whatever way) truly choose a citizenship. This means that the citizenship ceremony of Canada’s new citizens meant they were choosing Canada (and vice versa).
2. That great accident of birth – citizenship – is a great advantage or a great disadvantage. Warren Buffet is fond of saying how lucky he was to have been born (as a white male) in the United States.
That said, as Professor Kochenov has written:
you are either granted valuable rights worldwide or only painful liabilities. The passport rent is both inequitably distributed and very significant
This is because citizenship gives you the right to live and work in your country of citizenship.
3. Citizenship is very often an expression of connection to ancestry. Many North American residents are learning that they are (as a matter of law) citizens through ancestry. The most common examples are Ireland, Italy, Poland, etc. Canada’s citizenship by descent law has recently been changed to confer citizenship on a the children of those who became Canadian citizens by descent.
4. Citizenship gives you a place to go, a place and membership in a community.
5. Citizenship is often made available based on connection to family members. Often this is preceded by permanent residence. But, obtaining naturalization through marriage or immediate family is common in many countries. This is based on a general commitment to the unification of the family.
6. People who have lived in only one country, as a citizen of that country, have little understanding of what citizenship actually means and why it is important. Many people simply equate citizenship with residence. Others understand citizenship to be a status that is separate from residence, but have never been or lived in a situation where they experience what is like to not be a citizen. Hence, it is difficult for them to understand what it means to be without citizenship or to renounce citizenship. (Those who casually suggest “renouncing citizenship” fall into this category.)
7. Some countries discriminate against non-citizens in certain ways. They may be denied voting rights or employment opportunities in certain sectors. Non-citizens of a country may be subject to discriminatory taxation. (the Canada Underused Housing Tax is an example of non-Canadidan citizens being subjected to discrimination by the government of Canada).
8. Protection against the possibility of deportation. Most countries will not deport their own citizens. Protection against deportation affords a strong incentive to naturalize as a citizen. The current experience in the United States has illuminated the vulnerabilities of living in a country without being a citizen.
9. Right of entry. Many countries have rules that revoke permanent residency if the person doesn’t spend a prescribed number of days in the country. Therefore, many will naturalize as citizens so that they will have a guaranteed right of entry into the country.
10. Some countries actually discriminate against their citizens and have policies that diminish the value of its citizenship. The United States is the most obvious example. The U.S. citizenship based tax system puts U.S. citizens at a disadvantage relative to the citizens of all other countries. This is through direction taxation, policies that make it difficult for U.S. citizens living outside the United States to have and maintain bank accounts and outright travel restrictions.
11. Citizens of some countries are able to access work, employment and economic benefits under international treaties. Examples include:
– the U.S./Canada/Mexico free trade agreement (USMCA, CUSMO, etc.) which give the citizens of any of those countries rights of employment in the other countries
12. Treaty benefits based on citizenship
– the U.S. E2 treaty investor visa that allows citizens of treaty countries to live and work in the United States under certain circumstances
– Tax treaties that provide enhanced rights to citizens of certain countries … Examples include: citizenship based protection from tax collection in U.S. tax treaties with Canada, the Netherlands, etc. Another example is the U.S. France tax treaty that prevents France from taxing certain U.S. investment source income received by U.S. citizens resident in Franc. A third example would be certain Estate/Gift tax treaties that provide benefits based on nationality.
13. Treaty disabilities based on citizenship … The most obvious example is the “saving clause” found in almost all U.S. tax treaties that prevent U.S. citizens from benefiting from the treaty.
14. U.S. Social Security payment eligibility based on citizenship … As recently described by Virginia La Torre Jeker, your citizenship may impact your eligibility to receive Social Security payments if you live outside the United States.
15. Your citizenship and the citizenship of your spouse under the U.S. Estate and Gift tax regime. As goes citizenship so goes your treatment under the U.S. Estate and Gift tax regime.
16. Difficulty in travel to third countries. Canada gives U.S. citizens certain preferential treatment when it comes to travel documents when entering Canada. The United States gives citizens of “Visa Waiver” countries visa free travel to the United States. Canadian citizens can enter the United States for up to six months with just a Canadian passport. Yes, by becoming a Canadian citizen my friend is now able to visit the United States without a visa. Another wonderful example is the EU treaty that allows citizens of any one country to travel visa free to another of the 27 countries.
17. Denial of extradition based on citizenship. Some countries (primarily civil law countries) will not extradite their own nationals.
18. The right to pass citizenship to your children. The citizenship of the child is often dependent on the citizenship of the parent(s).
19. For former U.S. citizens and Green Card holders, citizenship can impact your ability to receive U.S. Social Security payments.
20. Pursuant to the Canada/US tax treaty citizenship will provide some protection to the enforcement of tax debts when taxes are owed to the other country.
People think about citizenship when they don’t have it. Not when they do have it. There is NO SUCH THING as a small citizenship problem.
Citizenship! Seldom understood! Underappreciated! Citizenship matters!!
John Richardson – Follow on X.com/expatriationlaw