rare cases in which a State does not allow foreigners access, Article 16(1) is to apply to all stateless persons, even if they do not have a habitual residence anywhere.179 In addition, the intended meaning of “free access to courts” under Article 16(1) does not mean that a stateless person is free from the payment of any fees or charges such as court fees, but only that the fees and charges not be higher than those levied on nationals.180 Under Article 16(2), stateless persons who are habitually resident in a Contracting State are to receive the same treatment as nationals in regard to access to the courts generally, cautio judicatum solvi (commonly known as “security for costs” in Canadian law) and legal assistance.181 The drafters understood “habitual residence” to mean the same as that used for Article 14 of the 1954 Convention. “Habitual residence” is: [R]esidence of a certain duration, but it implies much less than permanent residence. Thus, to enjoy the rights…a stateless person need not have in the country a permanent residence but only a residence of sufficiently long duration to consider him as locally connected with the country. A stateless person may have several such residences (although such instances would be rather rare in view of their specific status).182 Article 16(3) on the other hand refers to stateless persons having the same rights as nationals of the country of their habitual residence in accessing courts in other States Parties to the 1954 Convention.183 II. Canadian Legal Framework a. Article 16(1) There is no requirement to be a Canadian citizen or permanent resident in order to bring a legal action, or defend against a legal action184 at the Federal Court,185 or the courts of Alberta,186 British Columbia,187 Ontario188 and Quebec.189 All that is relevant is that there be a valid cause of Ibid. 1951 Convention travaux préparatoires, supra note 61 at 97. Since the 1954 Convention literally follows the wording of the 1951 Refugee Convention, the meaning of the same terms which are not described in the 1954 Commentary are obtained by looking to the 1951 Convention travaux préparatoires and commentary. 181 Robinson Commentary to the 1954 Convention, supra note 11 at 37. 182 Ibid., at 34. The Commentary on Article 16 states that the meaning of “habitual residence” is the same as that used for Article 14 of the 1954 Convention, as well as the definition used for the 1951 Refugee Convention. 183 Ibid., at 37. 184 The Citizenship Act, supra note 22 at s. 39 provides “A person who is not a citizen is triable at law in the same manner as if the person were a citizen.” 185 Federal Courts Act, RSC, 1985, c F-7, available at: http://laws-lois.justice.gc.ca/eng/acts/F-7/FullText.html [Federal Courts Act]; and Federal Courts Rules, SOR/98-106, at s. 2, available at: http://lawslois.justice.gc.ca/eng/regulations/sor-98-106/FullText.html [Federal Courts Rules] 186 Judicature Act, RSA 2000, c J-2, available at: http://canlii.ca/t/52d89 [Juridicature Act]; and Alberta Rules of Court, Alta Reg 124/2010, at s. 1.1, available at: http://canlii.ca/t/52b1t [Alberta Rules of Court] 187 Court Rules Act, RSBC 1996, c 80, available at: http://canlii.ca/t/527vv [BC Court Rules Act]; and Supreme Court Civil Rules, BC Reg 168/2009, available at: http://canlii.ca/t/529ps [BC Court Civil Rules] 179 180 37 37