It has been argued that although lawfulness is usually explicit and within the rights of states to prescribe by domestic law, an otherwise unlawful stay could become “implicitly lawful”. Such cases could include persons who are subject to an indefinite stay of deportation because they are unable to be removed.155 Stateless persons subject to a removal order, but without the ability to gain entry to another country, could be considered “implicitly lawfully staying” because they continue to stay and live in limbo. Without recognition of their implicit lawful stay though, stateless persons are unable to access rights under the 1954 Convention where lawful stay is a prerequisite. In these cases, determining whether a stay is “lawful” requires consideration be given to all the prevailing circumstances and the fact that the stay in question is known and not prohibited, i.e. tolerated, because of the precarious circumstances of the person.156 Finally, the term “treatment as favourable as possible” under Article 15 is granted only to stateless persons who live in the country on a more or less permanent basis (i.e., have some kind of residence, even if temporary). On the other hand, stateless persons who are on a brief stay in the country are only entitled to the rights under Art. 7(1).157 II. Canadian Legal Framework a. Constitutional Legal Framework The federal government legislates with regard to labour and employment matters for industries within its jurisdiction, while the provinces legislate labour and employment matters for industries within their jurisdiction.158 Both federal and provincial labour legislation on the making of associations and trade unions must comply with section 2(d) of the Charter, which provides that “everyone has the…freedom of association.”159 “Everyone” means an individual, including noncitizens. In 2015, the Supreme Court of Canada clarified the scope of the freedom of association under s. 2(d) by stating that “s. 2(d), viewed purposively, protects three classes of activities: (1) the right to join with others and form associations; (2) the right to join with others in the pursuit of other constitutional rights; and (3) the right to join with others to meet on more equal terms the power and strength of other groups or entities.”160 However, like all guaranteed rights and fundamental freedoms of the Charter, s. 2(d) may still be subject to such reasonable limits prescribed by law if they can be demonstrably justified in a free and democratic society.161 Ibid., at paras. 13-17, 21, 23. Ibid., at para. 23; see also Handbook on Stateless Persons, supra note 12 at fn 80. 157 Robinson Commentary to the 1954 Convention, supra note 11 at 36. 158 Federal industries include: banking, telecommunications, shipping, broadcasting, postal service, inter-provincial and international transportation, crown corporations, inland fishing, First Nations reserves, and the federal public service. Industries not covered by federal labour and employment jurisdiction are within the legislative authority of the provincial governments. 159 Charter, supra note 45 at s. 2(d). 160 Mounted Police Association of Ontario v. Canada (Attorney General), 2015 SCC 1, at para. 66, available at: http://canlii.ca/t/gfxx8. 161 Charter, supra note 45 at s. 1; and Oakes, supra note 49. 155 156 33 33