b. Federal Legal Framework Work Permits Generally, in order for a foreign national to be able to work in Canada, he or she requires a valid work permit.162 Furthermore, in most circumstances where a foreign national receives a work permit, they also receive temporary residence status.163 However, in some cases foreign nationals are explicitly excluded from receiving temporary resident status even though they are granted a work permit.164 In particular, this applies to foreign nationals who are granted a work permit because they are subject to an unenforceable removal order and require the permit in order to meet their basic needs.165 This is a situation that stateless persons may find themselves, as there is no country to which they can return and they do not have access to social assistance. Such work permits may be renewed indefinitely while a stateless person is subject to an unenforceable removal order. Unfortunately, the IRPA does not explicitly articulate which permits or status’ result in a foreign national being considered “lawfully staying”, “lawfully in” or “habitually resident” for the purposes of the 1954 Convention. However, for foreign nationals who are in possession of a valid work permit of a few months duration and receive temporary residence status, there is a strong case to be made that they meet the definition of “lawfully staying” discussed above. In the case of foreign nationals who obtain a work permit when they are subject to an unenforceable removal order and are unable to meet their basic needs, an argument could be made that due to their limbo status they should be considered “implicitly lawfully staying.” Conversely though, since there is no clear articulation in the IRPA, an argument could also be made that those foreign nationals who receive a work permit while subject to an unenforceable removal order are only “authorized” to work in Canada, but not necessarily “lawfully staying” or “lawfully in” Canada for the purposes of the 1954 Convention. Federal Labour Relations Legislation Under the Canada Labour Code166 and the Public Service Labour Relations Act,167 those who are within the definition of “employees” are able to form associations and trade unions.168 While there are restrictions on who is considered an “employee” under these statutes, such restrictions concern persons who occupy particular types of positions and provide certain services (ie., 162 IRPA, supra note 20 at s. 30(1). There are some limited exceptions under IRPR, supra note 21 at s. 186, where a work permit is not required. 163 IRPA, supra note 20 at s. 22(1). 164 IRPR, supra note 21 at s. 202. 165 IRPR, supra note 21 at s. 206(1)(b). 166 Canada Labour Code, RSC, 1985, c L-2, available at: http://laws-lois.justice.gc.ca/eng/acts/l-2/ [Canada Labour Code]. The preamble to the Canada Labour Code states that the Code is implementing legislation for Canada’s obligations in ratifying the Convention concerning Freedom of Association and Protection of the Right to Organise, available at: http://tinyurl.com/nlcepm9 (entry into force 4 July 1950, ratification by Canada 23 March 1972) [ILO Convention No. 87] 167 Public Service Labour Relations Act, SC 2003, c 22, at s. 2, available at: http://laws-lois.justice.gc.ca/eng/acts/P33.3/FullText.html [PSLRA]. 168 Canada Labour Code, supra note 166 at s. 3(1) & 8(1); Ibid., at ss. 2(1) & 5. 34