It appears the data collection practices of the CBSA are improving. CBSA has not, however, implemented
UNHCR recommendations #3 and #4, which refer to the collection of age, length of detention, country
of former habitual residence, and legal status in country of destination, respectively.
Recommendations
Canada Border Services Agency should:
1. CBSA must define ‘stateless’ persons according to international law.
2. Collect and report data on the number of stateless persons detained.
3. Use both detention days and number of individual stateless persons as indicators when
reporting data.
4. Collect and report data on the legal status and detention of stateless persons in the countries to
which they have been removed.
5. Clarify what is meant by ‘none’ in its reporting of reasons for removal orders issued against
stateless individuals.
6. Implement UNHCR recommendation #3 and collect and report data on detainee age and length
of detention.
7. Implement UNHCR recommendation #4 and collect and report data on the country of last
habitual residence in addition to citizenship.
VII.
Conclusion
Findings from this investigation into the statelessness data collection practices of Statistics Canada,
Immigration and Refugee Board of Canada, Citizenship and Immigration Canada, and Canada Border
Services Agency paint a disappointing picture. Though some improvements in data collection practices
have been made since 2012, notably on the part of the IRB and CBSA, overall the data collection
practices are poor and in need of significant improvement in four broad ways: defining ‘statelessness’,
collection practices, reporting practices, and adherence to the 2012 UNHCR recommendations.
Definitions are Poor
The absence of a clear definition of ‘stateless’ in the National Household Survey leaves the ‘stateless’
category of citizenship in need of clarity. There is no standard against which survey users are able to,
albeit informally, compare their understanding of statelessness. The IRB allows for refugee claimants to
report their citizenship status, and, by way of its mandate, is able to test that citizenship status through
its investigatory processes. CIC (IRCC) does not provide a definition in its policies or data tables. CBSA
also does not define a ‘stateless person’ and relies on the Immigration and Refugee Protection Act’s
inclusion of a ‘stateless person’ in the definition of a ‘foreign national’.
Effectively collecting and reporting data on stateless persons in Canada requires a baseline definition of
‘stateless person’ in Canadian legislation, both in the Immigration and Refugee Protection Act, and in the
Citizenship Act. Without a consistent definition enshrined in legislation, government agencies are left to
rely upon their internal definitions with no basis upon which to streamline collection and reporting
practices, or to implement other related policies. In the absence of legislative change to reflect such a
definition, all four government agencies must define a ‘stateless person’ according to international law,
specifically the 1954 Convention on the Status of Stateless Persons which holds a person is stateless
when no state considers her or him to be a citizen under the operation of its law.
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