application procedure, international human rights law, in particular the CRC, obliges States to accept such applications as soon as possible after birth.61 Despite its apparent consistency with Article 4 of the 1961 Convention, the current Canadian practice concerning a second generation child’s right to nationality is thus inconsistent with its broader obligations under international human rights law. An amendment to the legislation would ensure that children born from Canadian citizens are not rendered stateless in line with obligations under the CCPR/CRC and the 1961 Statelessness Convention. Despite its apparent consistency with Article 4 of the 1961 Convention, the current Canadian practice concerning a second generation child’s right to nationality is thus of questionable consistency with its broader obligations under international human rights law. An amendment to the legislation would ensure that children born from Canadian citizens are not rendered stateless in line with obligations under the CCPR/CRC and the 1961 Statelessness Convention. 2.6 Indigenous Populations Indigenous persons born in Canada are automatically entitled to Canadian citizenship through the principle of jus soli, as are all other persons born in Canada. Indigenous persons whose births are registered in Canada can obtain a birth certificate, status card and Canadian passport in their respective province or territory. Difficulties arise for unregistered Indigenous persons when the location of their birth is unknown, or when they are unable to prove their birth in Canada. Many communities among North America’s Indigenous population live on both sides of the Canada – U.S. border. When births are not registered on either side of the border, the individual is at risk of statelessness. There are provisions in place in Canada that enable Indigenous persons whose births have not been registered to apply for delayed birth certificates and later for status cards or passports. Little is known about stateless Indigenous persons in Canada. This has resulted in some indigenous persons living ‘off the grid’ whereby they possess no identification documents. What is needed from the Canadian, provincial and territorial governments is information. Without greater information on this subject, it is difficult to understand the extent and seriousness of statelessness among Canada’s Indigenous population. This is ever more important as part of Canada’s obligations under the United Nations Declaration on the Rights of Indigenous People to provide a nationality to its Indigenous population. Dave is an Indigenous man born somewhere in North America. Dave does not know whether he was born in the U.S. or in Canada. His birth was not registered in either country, and he has never possessed identification documents. He explains why his parents chose not to register his birth or obtain and legal identity documents throughout his youth. 61 United Nations High Commissioner for Refugees. Interpreting the 1961 Statelessness Convention and Preventing Statelessness among Children: ("Dakar Conclusions"). (2011a). 19

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