arrived in Canada between 2012-2017, the period this study covers, and have lived there since are unable to fully enjoy basic human rights and become Canadian citizens. 1.2 Legislation & Policy Despite not being a party to the 1954 Convention Relating to the Status of Stateless Persons, Canada is a party to human rights treaties that have provisions related to statelessness and nationality including the International Covenant on Civil and Political Rights (ICCPR, 1976), the International Covenant on Economic, Social and Cultural Rights (ICESCR, 1976), the Convention on the Elimination of All Forms of Racial Discrimination (CERD, 1970), the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW, 1981), the Convention on the Rights of the Child (CRC, 1991) and the Convention on the Rights of Persons with Disabilities (CRPD, 2010). In line with the right to a nationality, both the ICCPR and CRC contain provisions that oblige Canada to ensure the timely registration of every child within their jurisdiction immediately after birth. Canada grants citizenship based on both jus soli and first generation jus sanguinis bases.12 In general, all children born in Canada, as well as those born abroad to Canadian-born parents, are Canadian citizens. An exception exists with respect to children born in Canada to diplomatic officials and staff of foreign countries, including the United Nations or similar international agencies, who have diplomatic status.13 All other children born in Canada are entitled to Canadian citizenship, regardless of their parents’ legal status or nationality. Legislative changes in 2009 allowed Canadian citizenship for those persons who had lost their Canadian citizenship before 1947 which meant no losses of citizenship as it used to happen. However, the law also restricted the automatic granting of Canadian citizenship for children born abroad to Canadian parents. Only the first generation was granted citizenship which meant that those born abroad in the second or subsequent generations cannot become citizens automatically.14 Canada does not have a specific procedure or legal framework for the determination of statelessness, making it difficult to identify and ensure the enjoyment of basic human rights by stateless persons on its territory. The key mechanisms through which stateless persons seek to obtain legal status in Canada are application for permanent residence on humanitarian and compassionate grounds15 and application for a discretionary grant of citizenship to the Minister of Immigration, Refugees and Citizenship (IRCC).16 Stateless persons who have a fear of persecution have access to the refugee determination system. If their claim is accepted, they become refugees17 or protected persons under Canadian 12 Section 3(1). Citizenship Act, R.S.C., 1985, c. C-29. 13 Section 3(2). Citizenship Act, R.S.C., 1985, c. C-29. 14 For further information see: https://www.canada.ca/en/immigration-refugees-citizenship/services/canadian-citizenship/act- changes/rules-2009-2015.html. 15 Pursuant to section 25(1) of the Immigration and Refugee Protection Act (IRPA). 16 Pursuant to section 5(4) of the Citizenship Act. 17 Section 96 of the IRPA confers protection to persons who fulfill the refugee definition and section 97 of IRPA confers protection to persons who are in need of protection because they face a risk of torture, or a risk to their life, or a risk of cruel and unusual treatment or punishment. 3