Convention notes that the second sentence “leaves it to the discretion of the Contracting State whether or not to issue documents to stateless persons who are in their territory but are not lawfully staying there, i.e., are there on a temporary basis only or even illegally. Special consideration is to be given to stateless persons who need such a document but are unable to obtain it from the country of their lawful residence.”462 Several countries that are not parties to the 1954 Convention offer such travel documents to stateless person. Related to the issuance of travel documents is the Schedule to the 1954 Convention. Of particular relevance are paragraphs 3 and 4 of the Schedule. Paragraph 3 states fees charged for a travel document shall not exceed the lowest scale of charges for national passports.463 Paragraph 4 states that the travel document must be made valid for the largest number of countries, unless for special or exceptional cases.464 II. The Canadian Legal Framework a. Identity Papers Passport Canada does not issue a certificate of identity for “internal purposes”, as envisioned under Article 27. However, other immigration documents, such as a permanent resident card, a study permit, a work permit, a temporary resident permit and a visitor’s record can be considered valid proof of identity.465 If a stateless person is without status in Canada, they may not seek identity documents from the authorities for fear of exposing their unlawful status and risk detention or attempted removal.466 b. Travel Documents Passport Canada can issue a “Certificate of Identity” to permanent residents of Canada who are not yet citizens, do not have refugee status in Canada, but are otherwise stateless or unable, for a valid reason, to obtain a national passport or travel document from any source. 467 Although this document is called a “Certificate of Identity”, it is a travel document and not an identity paper as discussed in Article 27. Stateless persons who are not permanent residents are not eligible to obtain a Certificate of Identity from Passport Canada.468 Strangely, the Certificate of Identity is not valid for the “bearer's country of citizenship.”469 It is unclear whether Passport Canada means to refer to the bearer’s country of origin or former habitual residence, since stateless persons do not possess a citizenship. If Passport Canada is Ibid., at 52. 1954 Convention, supra note 3 at Schedule para. 3. 464 Ibid., at Schedule para. 4. 465 See for example, Service Ontario, “Acceptable identity documents” (2015), available at: https://www.ontario.ca/government/acceptable-identity-documents. 466 This summary is also found in Brouwer’s report Statelessness in the Canadian Context, supra note 4 at 52-53. 467 Passport Canada, “Types of Travel Documents” (8 April 2014), available at: http://www.ppt.gc.ca/pptc/documents.aspx?lang=eng [Types of Travel Documents] 468 Ibid. 469 Ibid. 462 463 97 97

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