persons that are not found in international human rights instruments other than the 1954 Convention and the 1951 Refugee Convention.452 As a result, there are no additional international human rights obligations that require Canada to comply with the content of Article 25 of the 1954 Convention. ARTICLE 26: FREEDOM OF MOVEMENT Each Contracting State shall accord to stateless persons lawfully in its territory the right to choose their place of residence and to move freely within its territory, subject to any regulations applicable to aliens generally in the same circumstances. I. Background & Commentary A stateless person “lawfully in its territory” means physically present, and provided presence is not unlawful, includes short-time visitors and even persons merely travelling through the country.453 Article 26 requires that stateless persons be in the country legally, but it also depends on the status of aliens in the state concerned as to what rights stateless persons will enjoy. For stateless persons who may be in the territory under a labour contract, which requires the stateless person to commit to remain in a particular job for a specific period of time, such restrictions are not believed to be in conflict with the right to freedom of movement under Article 26.454 II. Canadian Legal Framework Canadian citizens and permanent residents (including stateless permanent residents), have a right to move and take up residence in any province and to pursue the gaining of a livelihood in any Canadian province.455 Foreign nationals who are legally in Canada as visitors, transients or tourists, are also able to freely move within its territory. There is no general prohibition in the IRPA or the IRPR that prevents foreign nationals from moving within the territory of Canada. However, foreign nationals in possession of study permits or work permits may be subject to conditions that impact their freedom to choose their place of residence. Such conditions include studying at a designated learning institution, working for a specific Canadian employer and studying or working at a specific location.456 Other occasions when a stateless person may encounter movement restrictions, includes when a stateless person is released from immigration detention. In such cases an officer or a Member of the Immigration and Refugee Board (“IRB”) may release an individual subject to “any conditions”.457 Such conditions can include informing the CBSA of any change of address and Handbook on Stateless Persons, supra note 12 at para. 143. Atle Grahl-Madsen 1951 Commentary, supra note 239 at 45. 454 Robinson Commentary to the 1954 Convention, supra note 11 at 49. 455 Charter, supra note 45 at s. 6(2). 456 IRPA, supra note 20 at s. 29; IRPR, supra note 21 at s. 185(b)(ii)-(iii), 185(c)(ii)-(iii) & 185(d). 457 IRPA, supra note 20 at 56(1) & 58(3). 452 453 95 95