resident Canadians, but in British Columbia and Quebec there is no minimum requirement.251 A
stateless person in Canada could avoid the above obstacles by establishing a sole proprietorship,
since it would not require establishing corporate organization.252
III.
Assessment
Based on a review of legislation and programs above, it appears as though the Canadian legal
framework is largely compatible with Article 18 of the 1954 Convention. This is because
stateless persons lawfully in Canada are treated at least as favourably as foreign nationals
generally in being eligible to apply to the economic classes for permanent residence, or for an
open work permit. Furthermore, in limited cases the Canadian legal framework permits foreign
nationals who are in Canada, but not “lawfully in” Canada, to obtain an open work permit when
such persons are subject to an unenforceable removal order and cannot meet their basic needs.
It is noteworthy that although there are some programs that allow stateless persons to apply for
an open work permit, or for permanent resident status, a stateless person’s socio-economic status
on the margins of society, as well as their frequent societal and familial isolation may prevent
them from having the financial, educational or family links necessary to participate in these
programs. In this sense, stateless persons may not be truly considered “in the same
circumstances” as foreign nationals generally and the Canadian legal framework may have
disproportionate and unfair impacts on stateless persons due to their unique circumstances.
Although Canada may state that in such cases a stateless person should apply for permanent
residence with a Minister’s exemption on humanitarian and compassion considerations, this
approach can be an ineffective remedy. As Andrew Brouwer states in Statelessness in the
Canadian Context, even though a humanitarian and compassionate grounds application may be
available for exemptions from various program requirements, statelessness alone is not
considered a sufficient factor for approving an application. It is with these practical obstacles in
mind that General Comment 20 described in Article 17, is equally relevant to Article 18.
251
“Resident-Canadian” generally means an individual who is: a Canadian citizen ordinarily resident in Canada, a
Canadian citizen not ordinarily resident in Canada who is a member of a prescribed class of persons, or a permanent
resident. Canada Business Corporations Act, RSC, 1985, c C-44, at ss. 2(1) and 105(3), available at: http://lawslois.justice.gc.ca/eng/acts/C-44/FullText.html#h-20; Business Corporations Act, RSA 2000, c B-9at ss. 1(dd) and
105(3), available at: http://canlii.ca/t/52d7b, if there are fewer than 4 directors, the 25% requirement does not apply
in Alberta; Business Corporations Act, SBC 2002, c 57, at available at: http://canlii.ca/t/52crq; Business
Corporations Act, RSO 1990, c B.16, at s. 118(3), available at: http://canlii.ca/t/ldxj; Business Corporations Act,
CQLR c S-31.1, available at: http://canlii.ca/t/523d9.
252
J. Anthony VanDuzer, The Law of Partnerships & Corporations, 3d ed. (Toronto: Irwin Law, 2009) at 7.
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