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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