“When my brother was dying […] from car accident, I couldn’t see him. Big challenge for me. I
can’t fly or go anywhere. I can’t see his dead body. He is my brother I can’t live without him.
Big problem I faced in my life.” [Hakim]
“We don’t have ID, only stateless paper or ID. Not stable. I don’t have like place for me. I don’t
belong to this place.” [Noor]
Dave explains that identity documents are a way to prove something that cannot be proven – his
feeling of belonging to Canada, the feeling that he is Canadian:
“I have always been Canadian, always been Canadian. It’s the one thing nobody
could ever take away from me. I’ve always been in my heart. I’m Canadian. I don’t
care what the piece of paper says, don’t care what the law says, I am Canadian!
‘Prove that I’m not a Canadian’ is how I always wanted to put it to them, but I had
to prove I was Canadian, that I did belong here”. [Dave]
In this respect, identity is not only related to legal recognition of one’s personhood, but also to a
sense of purpose that includes connection with one’s loved ones and culture, for example the
burial of a family member.
3.5 Liberty
Liberty is something that is both articulated in law and something that can affect one’s sense of
self. For stateless persons, liberty is intricately connected to the ability to prove one’s identity,
the ability to travel and related restrictions on mobility, and, of course, the increased risk of
detention. These issues align with the administrative provisions outlined in Chapter Five of the
1954 Convention.74
“I am not saying it is bad here [in Canada], it’s not bad, but still being able to choose where to
live is something which makes you feel good about yourself. It makes you feel like a human who
can decide any minute to change his future for a better life, somewhere else maybe.” [Nirsan]
3.5.1 Detention
Stateless persons without immigration status in Canada are sometimes subject to immigration
enforcement detention when they are unable to prove their identity, and when CBSA considers
that detention is necessary for the purpose of removal. Individuals who are not able to prove their
identity or nationality, and particularly those who are perceived not to be cooperating with
removal, face lengthy and sometimes indefinite detention,75 despite a legislated process for the
ongoing review of immigration detention decisions, and the possibility of challenging a detention
before the courts by way of habeas corpus application.76
74 United Nations High Commissioner for Refugees. Convention relating to the Status of Stateless Persons. (1954).
75 See for example Ali v Canada (Attorney General), 2017 ONSC 2660.
76
Canada (Public Safety and Emergency Prepardness) v Chhina, 2019 SCC 29; Charkaoui v. Canada (Citizenship and
Immigration), 2007 SCC 9.
26
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents