Convention notes that the second sentence “leaves it to the discretion of the Contracting State
whether or not to issue documents to stateless persons who are in their territory but are not
lawfully staying there, i.e., are there on a temporary basis only or even illegally. Special
consideration is to be given to stateless persons who need such a document but are unable to
obtain it from the country of their lawful residence.”462 Several countries that are not parties to
the 1954 Convention offer such travel documents to stateless person.
Related to the issuance of travel documents is the Schedule to the 1954 Convention. Of particular
relevance are paragraphs 3 and 4 of the Schedule. Paragraph 3 states fees charged for a travel
document shall not exceed the lowest scale of charges for national passports.463 Paragraph 4
states that the travel document must be made valid for the largest number of countries, unless for
special or exceptional cases.464
II.
The Canadian Legal Framework
a. Identity Papers
Passport Canada does not issue a certificate of identity for “internal purposes”, as envisioned
under Article 27. However, other immigration documents, such as a permanent resident card, a
study permit, a work permit, a temporary resident permit and a visitor’s record can be considered
valid proof of identity.465 If a stateless person is without status in Canada, they may not seek
identity documents from the authorities for fear of exposing their unlawful status and risk
detention or attempted removal.466
b. Travel Documents
Passport Canada can issue a “Certificate of Identity” to permanent residents of Canada who are
not yet citizens, do not have refugee status in Canada, but are otherwise stateless or unable, for a
valid reason, to obtain a national passport or travel document from any source. 467 Although this
document is called a “Certificate of Identity”, it is a travel document and not an identity paper as
discussed in Article 27. Stateless persons who are not permanent residents are not eligible to
obtain a Certificate of Identity from Passport Canada.468
Strangely, the Certificate of Identity is not valid for the “bearer's country of citizenship.”469 It is
unclear whether Passport Canada means to refer to the bearer’s country of origin or former
habitual residence, since stateless persons do not possess a citizenship. If Passport Canada is
Ibid., at 52.
1954 Convention, supra note 3 at Schedule para. 3.
464
Ibid., at Schedule para. 4.
465
See for example, Service Ontario, “Acceptable identity documents” (2015), available at:
https://www.ontario.ca/government/acceptable-identity-documents.
466
This summary is also found in Brouwer’s report Statelessness in the Canadian Context, supra note 4 at 52-53.
467
Passport Canada, “Types of Travel Documents” (8 April 2014), available at:
http://www.ppt.gc.ca/pptc/documents.aspx?lang=eng [Types of Travel Documents]
468
Ibid.
469
Ibid.
462
463
97
97
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