“assimilation” means to integrate the stateless person into the economic, social and cultural life
of the country. Article 32 also includes a “specific obligation” to expedite proceedings whenever
an application for naturalization can be or has been made and to reduce the costs involved.504
The UNHCR’s Executive Committee has issued conclusions on the naturalization of stateless
persons. In particular, the Executive Committee “encourages States to co-operate with UNHCR
on methods to resolve cases of statelessness and to consider the possibility of providing
resettlement places where a stateless person's situation cannot be resolved in the present host
country or other country of former habitual residence, and remains precarious.505 For States that
are not yet Parties to the 1954 Convention, the Executive Committee encourages States “to treat
stateless persons lawfully residing on their territory in accordance with international human
rights law; and to consider, as appropriate, facilitating the naturalization of habitually and
lawfully residing stateless persons in accordance with national legislation.”506
II.
Canadian Legal Framework
In Statelessness in the Canadian Context, Andrew Brouwer provides an extensive overview of
the limited options, as well as the practical and legal obstacles, stateless persons experience in
attempting to obtain Canadian citizenship and permanent resident status. Below is a summary of
the major programs potentially available to stateless persons, as well as the limitations of the
legal framework that prevent many stateless persons from obtaining citizenship.507
a. Grants of Citizenship
Grants of Citizenship: Stateless Children Born Abroad to Canadian Parents Born Abroad
The Citizenship Act was recently amended to include a “first-generation limit” provision, which
restricts the right of Canadian citizen parents who are born abroad from passing on Canadian
citizenship to their children who are also born abroad.508 This provision has created concern that
in some exceptional circumstances children born to Canadian citizens abroad could be born
stateless.509
In such cases of statelessness, the Citizenship Act allows stateless children born abroad to
Robinson Commentary to the 1954 Convention, supra note 11 at 64.
UN High Commissioner for Refugees (UNHCR), General Conclusion on International Protection, Conclusion
No. 95 (LIV) (10 October 2003), at (v), available at: http://www.unhcr.org/3f93aede7.html.
506
EXCOM Conclusion No. 106, supra note 36 at (u).
507
Statelessness in the Canadian Context, supra note 4 at 38-50.
508
Citizenship Act, supra note 22 at s. 3(3). An exception exists under children and grandchildren born to parents
who are or were members of the Canadian Forces (s. 3(5) & 3(5.1)). See also various citizenship scenarios at
Citizenship and Immigration Canada, “Changes to citizenship rules as of April 2009” (24 July 2014), available at:
http://www.cic.gc.ca/english/citizenship/rules_2009.asp. Real life examples of stateless persons born in Canada, or
stateless persons born abroad to Canadian citizens who were born abroad can be found at: Canadian Centre on
Statelessness, “Stateless Canadians” (2014), available at: http://www.statelessness.ca/canadian-stories.html
509
Canadian Council for Refugees, “Canadian Citizenship – 2009 Changes” (February 2009), available at:
http://ccrweb.ca/en/citizenship-2009-changes
504
505
105
105
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