CONCLUSION
This report has assessed Canada’s claims that there is no need for it to accede to the 1954
Convention because Canadian law contains all the necessary safeguards to cover adequately the
situation of stateless persons. Upon reviewing the Canadian legal framework of the federal
government, as well as the legal framework of Alberta, British Columbia, Ontario and Quebec,
this report demonstrated that the Canadian legal framework does not appear to safeguard all the
rights of stateless persons in the 1954 Convention. The report further illustrates that Canada, as a
State Party to other international human rights instruments, has an obligation to address
identified legal gaps in order to protect the rights of stateless persons.
The most significant gaps in the Canadian legal framework are with respect to the definition of
statelessness (Article 1); housing (Article 21); free public education (Article 22); healthcare and
social assistance (Article 23); social security (Article 24); identity papers (Article 27); travel
documents (Article 28); expulsion (Article 31); and naturalization (Article 32). Although some
of these articles are enshrined in other international human rights treaties to which Canada is a
State Party, some are unique to the 1954 Convention. In any event, this report provided
recommendations to ensure that gaps be addressed in order to ensure the Canadian legal
framework protects the rights of stateless persons in Canada.
Key recommendations of the report include conducting future research projects that gather
quantitative and qualitative information on stateless persons in Canada, their demographic profile
and their legal histories. Of particular interest in future research are the practical obstacles that
stateless persons experience in accessing their rights under the Canadian legal framework
discussed in this report. Such research is necessary in order to truly determine the extent to
which seemingly neutral legal provisions may create disproportionate and adverse impacts on
stateless persons. In addition, other recommendations include establishing a statelessness
determination procedure and establishing a “stateless person status” similar to that of “protected
person status” under Canadian law. This status would enable stateless persons to work, study,
access healthcare and social assistance, acquire travel documents, reduce the risk of indefinite
detention and removal, and apply for permanent residence and eventually citizenship.
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