taxes, stateless persons are not negatively impacted anymore than aliens generally. Therefore, the
Canadian legal framework on the acquisition and disposal of residential property appears
compatible with Article 13 of the 1954 Convention.
To the extent that stateless persons are unable to meet verification of identity requirements under
a law society’s rules, this is a potential concern. However, the list of documentation is nonexhaustive and in some circumstances an attestation of identity can be provided to the lawyer in
order to verify identity. Further research would need to be conducted in order to determine
whether this identification requirement is an obstacle for stateless persons in exercising their
rights under Article 13 of the 1954 Convention.
IV.
8)
Recommendations
In support of Recommendation #5, further research should examine the practical obstacles
that stateless persons experience in exercising their moveable and immoveable property
rights under Article 13 of the 1954 Convention. Such research can include the ability of
stateless persons to acquire and dispose of commercial property, open a bank account, deal
in securities, sign leases and acquire a mortgage in order to purchase residential or
commercial property.
ARTICLE 14: ARTISTIC RIGHTS AND INDUSTRIAL PROPERTY
In respect of the protection of industrial property, such as inventions, designs or models, trade
marks, trade names, and of rights in literary, artistic and scientific works, a stateless person shall
be accorded in the country in which he has his habitual residence the same protection as is
accorded to nationals of that country. In the territory of any other Contracting State, he shall be
accorded the same protection as is accorded in that territory to nationals of the country in which
he has his habitual residence.
I.
Background & Commentary
This article differentiates between a stateless person’s country of habitual residence in which
they claim the rights of Article 14, and all other Contracting States to the 1954 Convention
where they may claim the rights of Article 14.115 In the stateless person’s country of habitual
residence, a stateless person is to be accorded the same protection as nationals of the country. In
all other Contracting States to the 1954 Convention, a stateless person is to be granted the same
rights that are accorded to nationals of the country of his habitual residence.116 The scope of the
rights enjoyed is dependent on domestic law or international conventions respecting artistic
rights and industrial property.117 Therefore, determining a stateless person’s rights under Article
14 is a challenge given that the rights change depending on whether the person moves from one
Robinson Commentary to the 1954 Convention, supra note 11 at 33.
Ibid.
117
Ibid., at 34.
115
116
26