15. As observed in a recent report:
The Canadian Charter of Rights and Freedoms (Charter) is Canada’s constitutional ‘Bill of Rights’ and
applies to all federal and provincial legislation and government action. Under the Charter’s equality
provisions, ‘every individual is equal before and under the law and has the right to the equal
protection and equal benefit of the law without discrimination and, in particular, without
discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical
disability.’ The Supreme Court of Canada has also recognized citizenship as an analogous ground
under the equality rights provision of the Charter.14
16. With respect to protecting stateless persons, Section 7 of the Charter applies to every individual,
including a stateless person, thereby protecting their rights to liberty and personal security. The
guarantee of these rights constrains government practices relating to immigration detention and
deportation;15 however, stateless persons in Canada are subject to arbitrary and indefinite detention.
17. Moreover, Canada’s legal framework does not safeguard all the rights of stateless persons as stipulated
in the 1954 Convention.16 Specifically, gaps exist in Canada’s legal framework with respect to the
definition of stateless persons (Article 1); social housing (Article 21); public education (Article 22);
healthcare and social assistance (Article 23); social security (Article 24); identity papers (Article 27); travel
documents (Article 28); expulsion (Article 31); and naturalization (Article 32).
18. Stateless persons who are not lawful residents of Canada face realities unlike those faced by any other
group in the country. They are ineligible to leave Canada and ineligible to enter any other country; their
human right to freedom of movement is therefore severely restricted. They are also ineligible to bring
their children and spouses to Canada, which affects their human right to State protection of the family
unit. Moreover, they cannot access health care or education, have difficulties in obtaining legal and
legitimate employment, and are often forced to live in sub-standard housing. In addition, stateless
persons in Canada are often subject to lengthy detention.17 Stateless persons with irregular migration
status in Canada are vulnerable to discrimination, and exposed to serious human rights challenges. Those
stateless persons who have been denied refugee status and who are at risk of being removed from
Canada have the opportunity to apply for a Pre-Removal Risk Assessment, whereby they can provide
new evidence for Protected Person status.18
19. Stateless refugees, stateless refugee claimants, and non-refugee stateless persons are protected
differently in Canada. Non-refugee stateless persons in Canada lawfully do not have access to health
care or travel documents. If they fulfil relevant residency and language requirements, however, they can
apply for permanent residency19 and ultimately citizenship in Canada20. Stateless persons with refugee
status or who are awaiting refugee determination in Canada have the right to work, and access to health
care, and a stateless person with refugee status can obtain a travel document.21
14
Erauw, Gregg. “Compatibility of the 1954 convention Relating to the status of stateless persons With Canada’s legal framework and its
International human rights obligations”. UNHCR, 2015, page 15.
15 Suresh v Canada (Minister of Citizenship and Immigration), [2002] 1 SCR 3 and Scotland v Canada (AG), 2017 ONSC 4850.
16 Erauw, Gregg. “Compatibility of the 1954 convention Relating to the status of stateless persons With Canada’s legal framework and its
International human rights obligations”. UNHCR, 2015, page 115.
17 Brouwer, Andrew. “Statelessness in the Canadian Context”. UNHCR, 2012, page 38.
18 Ibid., page 45.
19 Section 10.1. Immigration and Refugee Protection Act, S.C. 2001, c. 27.
20 Section 5(1). Citizenship Act, R.S.C., 1985, c. C-29.
21 Government of Canada. ‘Types of Passports and Travel Documents’, 2017. http://www.cic.gc.ca/english/passport/traveldocuments/types.asp.
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