4. Conclusions
This study demonstrates that, while Canada has adopted important legislative measures to reduce
statelessness in recent years, stateless persons exist in Canada as a result of Canadian laws and
policies (Indigenous people – second generation children born abroad) and in the context of
migration; a stateless person’s access to basic human rights and public services is contingent
upon their residency status; and, the impact that statelessness has on one’s human rights and
well-being is detrimental, regardless of one’s status. As such, this report calls for measures to
identify in a systematic and reliable manner stateless persons on the Canadian territory, and to
strengthen measures to remedy their situation by granting Canadian nationality through more
predictable, affordable and straightforward naturalization processes.
Government statistics provide a limited view of stateless persons in Canada in the contexts of
permanent and temporary residency, asylum seekers and refugees, and non-status stateless
persons, but fail to provide a clear overview of the scope of the issues in relation to Indigenous
persons and second generation children born abroad. Interviews conducted with stateless
persons reveal that regardless of their profile, all face hardships in their daily lives due to their
status as stateless persons. This study illustrates the complexities of living in Canada without a
nationality, but more importantly, these stories demonstrate that the challenges stateless persons
experience permeate every aspect of their lives: from their physical and mental health, to their
ability to earn an income and their feelings of belonging. A review of Canadian case law on
the subject of stateless persons provided important insights into their precarious legal status and
corresponding place in Canadian society.
The report evidences that while stateless persons may find a remedy through permanent
residency applications on various grounds that are discretionary in nature, or an asylum
application, some remain in limbo. In addition, these procedures are often complex, costly and
lengthy. Those stateless persons in limbo are unable to obtain a work permit, access essential
services, take up residence in other provinces in Canada or travel to other countries to see family.
They are also more likely to be detained and vulnerable to exploitation.
Stateless persons without immigration status can be subject to immigration enforcement if they
cannot provide proof of their identity, and especially if they are considered uncooperative in
establishing identity. While the average length of detention on identity grounds is less than 30
days, detention on such grounds can result in lengthy stays in immigration detention, often
exacerbating poor mental and physical health conditions of some stateless persons. Of particular
concern is the situation of those having exhausted all legal remedies to remain in Canada and
who cannot be removed because they either do not have a travel document, or there is no country
that wants to receive them. These individuals need clear and accessible pathways to apply for
permanent residency via H&C considerations from within Canada, in a process which takes into
account their vulnerability and the impossibility of their return. During their application process
they should not be detained. If detention is unavoidable, they should quickly be released into one
of the options of the Canadian government’s ATD program.
Free legal assistance and representation should be made accessible for stateless people for any
type of application that will allow them to obtain permanent status in Canada, i.e. permanent
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