inform Port-of-Entry Officers on how to determine if a baby born outside Canada to a Canadian citizen parent is a Canadian citizen, but does not provide guidance to officers on how to make statelessness assessments or determinations. Operational Bulletin 189 also provides guidance to officers on the process for granting a temporary resident permit to persons seeking a grant of citizenship for a stateless child abroad to a Canadian parent who was also born abroad.27 But it too does not provide information on making statelessness assessments or determinations. Customary International Law, the Common Law and Jurisprudence Even though there is no statutory inclusion of the Article 1(1) stateless persons definition into Canadian legislation, the International Law Commission has stated that the definition of “stateless persons” in Article 1(1) of the 1954 Convention “can no doubt be considered as having acquired customary nature” under international law.28 This is significant for the Canadian legal framework because it operates under the doctrine of adoption with respect to matters of customary international law. Under the doctrine of adoption, customary norms form part of the Canadian common law, unless Canadian legislation explicitly states otherwise. 29 Furthermore, there is Federal Court of Canada jurisprudence acknowledging the 1954 Convention definition of a “stateless person” in relation to Canada’s obligations under the 1961 Convention,30 and there are also a number of social security agreements between the Government of Canada, the Government of Quebec and foreign states which accept the definition of a stateless person from the 1954 Convention for the purposes of those agreements.31 Therefore, considering the doctrine of adoption, jurisprudence, and Canada being a State Party to the 1961 Convention, there is a strong argument that the definition of “stateless persons” in Article 1(1) is the definition under http://www.cic.gc.ca/english/resources/manuals/bulletins/2009/ob134.asp. 27 Citizenship and Immigration Canada, “Access to Grant of Citizenship for Stateless Persons Impacted by Bill C37” (9 April 2010), available at: http://www.cic.gc.ca/english/resources/manuals/bulletins/2010/ob189.asp. 28 United Nations, Draft Articles on Diplomatic Protection with commentaries, 2006, at p. 49, available at: http://www.refworld.org/docid/525e7929d.html. 29 See R v. Hape, 2007 SCC 26, at para. 39, available at: http://canlii.ca/t/1rq5n: “In my view, following the common law tradition, it appears that the doctrine of adoption operates in Canada such that prohibitive rules of customary international law should be incorporated into domestic law in the absence of conflicting legislation. The automatic incorporation of such rules is justified on the basis that international custom, as the law of nations, is also the law of Canada unless, in a valid exercise of its sovereignty, Canada declares that its law is to the contrary. Parliamentary sovereignty dictates that a legislature may violate international law, but that it must do so expressly. Absent an express derogation, the courts may look to prohibitive rules of customary international law to aid in the interpretation of Canadian law and the development of the common law.” It should be noted that some authors have argued that the above statement in Hape has complicated the understanding of the “doctrine of adoption” in Canada [See John Currie, Public International Law (Toronto: Irwin Law, 2008) at 226-235]. However, Justice Louis LeBel of the Supreme Court of Canada clarified the above passage to address these criticisms and restates that the doctrine of adoption does apply in Canada. See Louis LeBel, “A Common Law of the World? The Reception of Customary International Law in the Canadian Common Law” (2014) 65 UNBLJ 3, at 14-15. 30 See, Van Vlymen v. Canada (Solicitor General), 2004 FC 1054, at para. 20, available at: http://canlii.ca/t/1hvv2; 31 For example, Proclamation Giving Notice that the Interim Agreement on Social Security between Canada and Israel, SI/2003-155, (Old Age Security Act) (entry into force on September 1, 2003); Regulation respecting the implementation of an Understanding and an Administrative Arrangement on Social Security between the Gouvernement du Québec and the Government of the Republic of the Philippines, CQLR c R-9, r 32, (Ministère de l'Emploi et de la Solidarité Sociale and the Commission des Partenaires du Marché du Travail, Tax Administration Act, Québec Pension Plan); Proclamation Declaring the Agreement on Social Security Between Canada and the United States of America, SI/82-105, (entry into force February 9, 1982, Old Age Security Act). 10