Persons who do not have proof of their loss of nationality and cannot obtain such proof either by law or because the state in which they have a nationality refuses to assist them, are referred to as de facto stateless persons.13 Although de facto stateless persons are in some cases in the same position as de jure stateless persons, they are not the same, as de facto stateless persons legally have a nationality, but receive no benefits or protection from the state of their nationality. Despite de jure stateless persons being the intended beneficiaries of the 1954 Convention, the Final Act encourages State Parties to grant de facto stateless persons “the treatment which the Convention accords to de jure stateless persons.”14 The 1954 Convention does not permit reservations to Article 1(1) and does not prescribe the mechanism or procedure for determining who is stateless.15 However, the establishment of such procedures, even in states that are not a party to the 1954 Convention, is important because statelessness is a “juridically relevant fact under international law.”16 Essentially, “recognition of statelessness plays an important role in enhancing respect for the human rights of stateless persons, particularly through access to a secure legal status and the enjoyment of rights afforded to stateless persons under the 1954 Convention.”17 With respect to Article 1(2) of the 1954 Convention, these clauses are nearly identical to the exclusion clauses of Articles 1D, 1E and 1F of the 1951 Refugee Convention. In regard to Article 1(2)(iii) of the 1954 Convention, which mirrors Article 1F, persons who are “unworthy of protection…need not be proven to have been found guilty of actually having committed any act described…it suffices that there are serious reasons for considering that he did so.”18 The reasons that are to be considered “serious” are to be decided by the authorities of the stateless person’s country of residence.19 II. The Canadian Legal Framework a. Article 1(1) Federal Immigration Legislation and Operational Bulletins There is no definition of the term “stateless person” in Canadian legislation. This includes the key immigration and citizenship legislation of the Immigration and Refugee Protection Act (“IRPA”),20 the Immigration and Refugee Protection Regulations (“IRPR”),21 the Citizenship Robinson Commentary to the 1954 Convention, supra note 11 at 7-8. Ibid., at 12. 15 1954 Convention, supra note 3 at Art. 38(1). 16 Handbook on Stateless Persons, supra note 12 at para. 9. 17 Ibid. 18 Robinson Commentary to the 1954 Convention, supra note 11 at 13. 19 Ibid. 20 Immigration and Refugee Protection Act, SC 2001, c 27, available at: http://laws-lois.justice.gc.ca/eng/acts/I2.5/FullText.html [IRPA]. 21 Immigration and Refugee Protection Regulations, SOR/2002-227, available at: http://lawslois.justice.gc.ca/eng/regulations/SOR-2002-227/FullText.html [IRPR]. 13 14 8