Furthermore, Canadian jurisprudence has not been supportive of stateless persons attempting to
obtain citizenship through discretionary grants of citizenship, or being granted refugee status or
protected person status on the basis of statelessness. Therefore, based on a review of Canada’s
legal framework on naturalization for stateless persons, it appears as though Canada’ legal
framework is incompatible with Article 32 of the 1954 Convention.
a. Canada’s International Human Rights Obligations
The moral obligation to naturalize stateless persons under Article 32 engages several notable
human rights obligations relating to Canada’s legal framework. The following international
instruments to which Canada is a State Party relate to naturalization.
In General Recommendation No. 30, the CERD reaffirms that States Parties to the ICERD are to
provide access to citizenship to non-citizens:
13. Ensure that particular groups of non-citizens are not discriminated against with regard to
access to citizenship or naturalization, and to pay due attention to possible barriers to
naturalization that may exist for long-term or permanent residents;
14. Recognize that deprivation of citizenship on the basis of race, colour, descent, or national
or ethnic origin is a breach of States parties' obligations to ensure non- discriminatory
enjoyment of the right to nationality;
15. Take into consideration that in some cases denial of citizenship for long-term or
permanent residents could result in creating disadvantage for them in access to employment
and social benefits, in violation of the Convention's anti-discrimination principles;
16. Reduce statelessness, in particular statelessness among children, by, for example,
encouraging their parents to apply for citizenship on their behalf and allowing both parents to
transmit their citizenship to their children540
Naturalization can also be a key ingredient to stateless persons being able to enter and leave
Canada freely in order to enjoy family rights. In particular reference to the specific obligation
under Article 32 to expedite naturalization proceedings, and to reduce as far as possible the
charges and costs of such proceedings, the ICCPR recognizes that “[t]he family is the natural and
fundamental group unit of society and is entitled to protection by society and the State.”541
Furthermore, in cases of stateless children born to Canadian parents, Canada should be mindful
of the risk of separation due to non-admission of a stateless child. In this regard, Article 9(1) of
the Convention on the Rights of the Child asserts that “States Parties shall ensure that a child
shall not be separated from his or her parents against their will, except when competent
authorities subject to judicial review determine, in accordance with applicable law and
procedures, that such separation is necessary for the best interests of the child.”542 In specific
General Recommendation No. 30, supra note 275 at paras. 13-16.
ICCPR, supra note 39 at 23(1).
542
Convention on the Rights of the Child, supra note 272 at Art. 9(1).
540
541
112
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