also apply for a study permit.320 However, stateless persons who apply for a study permit from within Canada because they are subject to an unenforceable removal order do not receive temporary residence status.321 This is problematic because for minor children to attend public schools in Alberta, British Columbia and Quebec their parents may need to be considered temporary residents (ie. “lawfully staying” or “lawfully in”) in order to avoid paying tuition fees to attend public schools. III. Assessment Article 22(1) requires States to provide public elementary education to stateless persons with treatment as favourable as nationals. Based on a review of the legislation above, Alberta, British Columbia and Quebec’s education legislation is not compatible with Article 22(1) of the 1954 Convention. This is because of the residency, lawfully admitted, and temporary residency restrictions placed on foreign nationals in order to be enrolled in public elementary schools. By not meeting the provinces’ residency, lawfully admitted and temporary residency restrictions, stateless children who are in Canada without a status may not have access to free elementary education like Canadian citizens. This is contrary to section 30(2) of the IRPA, and falls short of Canada’s obligations under Article 28 of the Convention on the Rights of the Child. Furthermore, even though stateless persons subject to an unenforceable removal order can apply for a study permit from within Canada, having a study permit would not exempt them from elementary school fees, since the IRPA provides that simply having a study permit issued does not provide them with temporary residence status. Finally, with respect to Article 22(2) of the 1954 Convention, Canada’s legislative framework appears to be compatible. This is because stateless persons are treated as favourably as aliens generally with respect to the eligibility and cost associated with post-secondary education, and the requirements and eligibility for accessing student loans and grants in Alberta, British Columbia, Ontario and Quebec. a. Canada’s International Human Rights Legislation As a result of the apparent gap in the legal framework of Alberta, British Columbia and Quebec, Canada is reminded of its international human rights obligations under the Convention on the Rights of the Child, the ICESCR and the ICERD. Since Canada’s obligations under these treaties are more generous than the lower standard of treatment under Article 22(1) of the 1954 Convention, the most liberal provision(s) are to apply in order to ensure that Canada fulfils all of its obligations under international law. IRPR, supra note 21 at s. 215(2)(a)-(d). The cost of the study permit is $150 unless the individual holds a study permit and is temporarily destitute, see IRPR, supra note 21 at s. 300(1) and 300(2)(f). 321 IRPR, supra note 21 at s. 218. “A foreign national referred to in paragraph 215(1)(d) and their family members do not, by reason only of being issued a study permit, become temporary residents.” 320 67 67