referring to a stateless person’s country of origin or former habitual residence, this limitation
seems unjustifiably restrictive for stateless persons when they are not refugees, do not fear
persecution, and there is no issue of reavailment to their country of origin or country of former
habitual residence. In this regard, paragraph 4 of the Schedule to the 1954 Convention states that
“[s]ave in special or exceptional cases, the document shall be made valid for the largest possible
number of countries.”470 There is no requirement or statement in the Schedule that a travel
document for a stateless person be invalid for travel to his or her country of origin or country of
former habitual residence.
Another travel document available from Passport Canada is the Refugee Travel Document,
which is issued to Convention refugees or protected persons. A stateless person, if also found to
be a protected person, could apply for a Refugee Travel Document. The Refugee Travel
Document is also not valid for travel to the bearer's country of citizenship.471
Finally, the fee for a Certificate of Identity is $260, while the fee for a Refugee Travel Document
and Canadian Passport are $120.472
III.
Assessment
a. Identity Papers
Although immigration documents serve in most instances as valid identification, Canada does
not have a mechanism to provide valid identity papers to stateless persons who are present in its
territory and have no lawful status. As a result, the Canadian legal framework does not appear to
be compatible with Article 27 of the 1954 Convention.
b. Travel Documents
With respect to travel documents, only stateless persons who obtain permanent resident status are
eligible for a Certificate of Identity travel document. This excludes stateless persons who could
be considered “lawfully staying” in Canada by virtue of possessing a TRP, or a valid work or
study permit. Furthermore, the cost of the Certificate of Identity travel document is more than
double the cost of a national passport and there is unnecessary restriction on the countries to
which stateless persons can travel. In view of these concerns, the Canadian legal framework on
travel documents for stateless persons appears to be incompatible with Article 28 of the 1954
Convention.
c. Canada’s International Human Rights Obligations
Like Article 25 of the 1954 Convention, Articles 27 and 28 address issues that are not found in
1954 Convention, supra note 3 at Schedule para. 4.
Types of Travel Documents, supra note 467.
472
Passport Canada, “Fees” (20 May 2015), available at: http://www.ppt.gc.ca/info/section6.aspx?lang=eng.
470
471
98
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