“My mother was pregnant in [the United States], and she spoke out
against the corruption that she saw from the Bureau of Indian Affairs
(BIA). The BIA was taking half of the rations away from the people for
[itself], and she spoke out. The BIA Officer and the Sherriff came one
night while my dad was away and threatened my mom and said: ‘You’re
having a bastard half breed. We’re going to take that child and you’ll
never see that child again.’ That’s when she packed everything, she told
my dad what had happened, my dad sold everything, he caught up with my
mom at the border and they crossed into Canada”. [Dave]
Dave’s parents did not explain to him whether he was born before or after his
parents’ crossing into Canada, and they are now deceased preventing Dave from
ever knowing.
3. Impacts of Statelessness
Legal research of Canadian jurisprudence involving statelessness followed by semi-structured
interviews with stateless persons were conducted to understand the experiences of stateless
persons in Canada. Particular vulnerabilities identified by the Courts and stateless persons in
Canada during this research include the lack of enjoyment of certain rights, i.e., freedom of
movement, a sense of instability and marginalization when not being able to secure permanent
employment and having to make their way through the legal system for years attempting to find
a solution to their statelessness situation and the deterioration of their mental and physical health.
3.1 Employment
Securing gainful employment is a crucial aspect of maintaining livelihood, and it is addressed
specifically in Chapter Three of the 1954 Convention Relating to the Status of Stateless
Persons.62 The International Covenant on Economic, Social and Cultural Rights, to which
Canada is party, also protects the right to work and to earn a living, and obliges States party to
take appropriate steps to safeguard this right.63
The Ilemori case64 illustrates the challenges of stateless persons to obtain work permits and the
hardships faced by those without status. Due to their statelessness situation, the Ilemoris were
stuck in a position of being unable to apply for work in Canada and could not return to the
country of former residence. Despite the unique facts of this case, it raises concerns about the
precarious situation of persons who have unsuccessfully taken all reasonable measures to obtain
citizenship in other countries of connection, and continue to live in limbo in Canada.
Arriving in Canada as a permanent resident skilled worker, Abdel, a software engineer from
62 United Nations High Commissioner for Refugees. Convention relating to the Status of Stateless Persons. (1954).
63 International Covenant on Economic, Social and Cultural Rights, Article 6.
64
Ilemori v. Canada (Citizenship and Immigration), 2018 FC 120.
20
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents