Although both the Human Rights Committee and the Supreme Court of Canada consider
Ontario’s policy discriminatory, it appears to be compatible with Article 4 of the 1954
Convention. This is because Ontario’s policy allows stateless persons of the Roman Catholic
faith the same freedom in the religious education of their children as Canadian nationals of the
Roman Catholic faith. For more information on the ability of stateless persons to attend public
schools, see the discussion of Article 22 of the 1954 Convention later in this report.
III.
Assessment
Based on Canada’s legal framework, it appears that stateless persons are not treated any less
favourably than Canadian nationals in practising the same religion or in the religious education
of their children in Alberta, British Columbia, Ontario or Quebec. Furthermore, although policies
regarding religious education vary by province, these differences apply not only to stateless
persons, but also to Canadian nationals.
Therefore, the Canadian legal framework is likely compatible with Article 4 of the 1954
Convention. Considering no gaps were found between the legal framework and the 1954
Convention, no international human rights instruments need to be assessed.
CHAPTER II: JURIDICAL STATUS
ARTICLE 12: PERSONAL STATUS
1. The personal status of a stateless person shall be governed by the law of the country of his
domicile or, if he has no domicile, by the law of the country of his residence.
2. Rights previously acquired by a stateless person and dependent on personal status, more
particularly rights attaching to marriage, shall be respected by a Contracting State, subject to
compliance, if this be necessary, with the formalities required by the law of that State, provided
that the right in question is one which would have been recognized by the law of that State had
he not become stateless.
I.
Background & Commentary
“Personal status” of stateless persons concerns their legal capacity, such as the age of majority,
their capacity to marry, divorce, adopt, power of parents over their children, the mutual rights of
spouses to property, and their rights to succession and inheritance.73 Article 12 deals with the law
governing the personal status of stateless persons and not with the law governing the conclusion
or dissolution of legal acts. For example, it refers to the capacity to contract a marriage, but does
not deal with the celebration or dissolution of marriage, wills, etc. This is left to the law of the
country where such acts are performed.74
73
74
19
Robinson Commentary to the 1954 Convention, supra note 11 at 30.
Ibid., at 32.
19