therefore an important mechanism to reduce the risk of prolonged and/or arbitrary detention. 503
IV.
Recommendations
25) Canada should implement the following recommendations relating to expulsion and
detention. These recommendations were made by Andrew Brouwer in Statelessness in the
Canadian Context:
a. Detention of stateless persons should always be avoided except where, and for as long
as, it is demonstrably necessary and justifiable.
b. Section 247 of the IRPR and Immigration Manual Chapter ENF 20, section 5 should
be amended explicitly to note the unique situation of stateless persons vis-à-vis access
to identity documents as well as travel documents, so that they are not unnecessarily
or unjustly detained.
c. Stateless persons should only be removed to countries of former habitual residence
where they will have effective protection and a legal status.
d. CBSA to regularly make statistics publically available that identifies the number of
stateless persons in administrative immigration detention and the length of their
detention.
e. CBSA to regularly make statistics publically available that identifies the number of
stateless persons removed from Canada.
26) The IRPA should be amended to ensure that stateless persons cannot be expelled for reasons
other than “national security or public order”.
ARTICLE 32: NATURALIZATION
The Contracting States shall as far as possible facilitate the assimilation and naturalization of
stateless persons. They shall in particular make every effort to expedite naturalization
proceedings and to reduce as far as possible the charges and costs of such proceedings.
I.
Background & Commentary
Article 32 of the 1954 Convention is identical to Article 34 of the 1951 Refugee Convention.
Article 32 promotes a “general moral obligation” on State Parties to facilitate as far as possible
the naturalization and assimilation of stateless persons residing in their countries. The word
Handbook on Stateless Persons, supra note 12 at paras. 112-113 & 115. Article 9(1) of the ICCPR states:
Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No
one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established
by law…
503
104
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