Furthermore, Canadian jurisprudence has not been supportive of stateless persons attempting to obtain citizenship through discretionary grants of citizenship, or being granted refugee status or protected person status on the basis of statelessness. Therefore, based on a review of Canada’s legal framework on naturalization for stateless persons, it appears as though Canada’ legal framework is incompatible with Article 32 of the 1954 Convention. a. Canada’s International Human Rights Obligations The moral obligation to naturalize stateless persons under Article 32 engages several notable human rights obligations relating to Canada’s legal framework. The following international instruments to which Canada is a State Party relate to naturalization. In General Recommendation No. 30, the CERD reaffirms that States Parties to the ICERD are to provide access to citizenship to non-citizens: 13. Ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization, and to pay due attention to possible barriers to naturalization that may exist for long-term or permanent residents; 14. Recognize that deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States parties' obligations to ensure non- discriminatory enjoyment of the right to nationality; 15. Take into consideration that in some cases denial of citizenship for long-term or permanent residents could result in creating disadvantage for them in access to employment and social benefits, in violation of the Convention's anti-discrimination principles; 16. Reduce statelessness, in particular statelessness among children, by, for example, encouraging their parents to apply for citizenship on their behalf and allowing both parents to transmit their citizenship to their children540 Naturalization can also be a key ingredient to stateless persons being able to enter and leave Canada freely in order to enjoy family rights. In particular reference to the specific obligation under Article 32 to expedite naturalization proceedings, and to reduce as far as possible the charges and costs of such proceedings, the ICCPR recognizes that “[t]he family is the natural and fundamental group unit of society and is entitled to protection by society and the State.”541 Furthermore, in cases of stateless children born to Canadian parents, Canada should be mindful of the risk of separation due to non-admission of a stateless child. In this regard, Article 9(1) of the Convention on the Rights of the Child asserts that “States Parties shall ensure that a child shall not be separated from his or her parents against their will, except when competent authorities subject to judicial review determine, in accordance with applicable law and procedures, that such separation is necessary for the best interests of the child.”542 In specific General Recommendation No. 30, supra note 275 at paras. 13-16. ICCPR, supra note 39 at 23(1). 542 Convention on the Rights of the Child, supra note 272 at Art. 9(1). 540 541 112