• The number of stateless persons granted work permits, including applications for a work permit under section 206(1)(b) of the IRPA • The restrictions placed on open and closed work permits issued to stateless persons (average length of permit, number of renewals, number of employers, etc.) • How many times stateless persons renew an open work permit while under an • • • • unenforceable removal order The average fee paid by stateless persons for an open and closed work permit How many stateless persons apply, but are unable to pay the processing fee How often the fee is waived for stateless persons, if at all The criteria used in determining work permit applications under s. 206(1)(b) of the IRPA 14) In support of Recommendation #4, Canada should recognize statelessness as a compelling factor that “justifies in the circumstances” the issuance of a temporary residence permit (TRP). Furthermore, if a TRP is issued to a stateless person, stateless persons should be permitted to work, study, access public healthcare and social assistance, as well as count time already spent in Canada toward permanent residence requirements and Canadian citizenship residency requirements. The TRP should be accessible not only to a stateless child born abroad to a Canadian parent born abroad, but to all stateless persons. ARTICLE 18: SELF-EMPLOYMENT The Contracting States shall accord to a stateless person lawfully in their territory treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the right to engage on his own account in agriculture, industry, handicrafts and commerce and to establish commercial and industrial companies. I. Background & Commentary Article 18 of the 1954 Convention contains the same language as Article 18 of the 1951 Refugee Convention. Article 18, along with Articles 26 and 31 of the 1954 Convention, provide the standard of treatment for stateless persons “lawfully in” the territory of a Contracting Party. “Lawfully in” encompasses a lower standard than “lawfully staying”.236 The Commentary to the 1954 Convention states: The expression “lawfully (in French “se trouvant régulièrement”) in their country” cannot be only verbally different from “lawfully staying (in French “résidant régulièrement”) in the country”. It must mean in substance something else, viz., the mere fact of lawfully being in the territory, even without any intention of permanence, must suffice. In other words, wherever “lawful stay” is required, a stateless person just temporarily in the country would not enjoy the right granted under the condition of “lawfully staying”, on the other hand, where “lawfully being” is sufficient, stateless persons temporarily in the country would enjoy the relevant rights. As explained by the Ad Hoc Committee, it was decided that in 236 Recall that “lawfully staying” applies to Articles 15, 17, 19, 21, 23, 24 and 28. 48