profile, their unique legal history while in Canada, as well as the “practical” obstacles stateless persons experience in exercising their rights under the Canadian legal framework and the 1954 Convention. 6) Develop a statelessness litigation strategy for Canada, similar to the European Network on Statelessness’ Strategic Litigation: An Obligation for Statelessness Determination under the European Convention on Human Rights. ARTICLE 3: NON-DISCRIMINATION The Contracting States shall apply the provisions of this Convention to stateless persons without discrimination as to race, religion or country of origin. I. Background & Commentary The Commentary on the 1954 Convention explains “that no state may discriminate among the different groups of stateless persons on the grounds stated in this Article, i.e., treat one more favourably than the other, within the obligatory provisions of the Convention.”41 However, beyond the minimum rights established, “states are free to grant any right they wish to any group they desire.”42 Rights that were not yet in existence at the time the 1954 Convention entered into force, such as rights that would grant special rights to certain groups, are likely compatible with Article 3. This is because Article 3 only relates to the provisions of the 1954 Convention and not to “extraConventional rights.”43 Furthermore, despite Article 3, other articles of the 1954 Convention that relate to the length of stay of a stateless person, as well as the expression “in the same circumstances”, makes differentiation of stateless persons in Articles 7(2)-(3), 13, 15, 17, 18, 19, 21, 22(2), and 26 not only permissible but explicit.44 II. Canadian Legal Framework a. Canadian Constitutional Law The Canadian Charter of Rights and Freedoms45 (“Charter”) is Canada’s constitutional “Bill of Rights” and applies to all federal and provincial legislation and government action. Under the Robinson Commentary to the 1954 Convention, supra note 11 at 17. Emphasis added. Ibid. 43 Ibid. “Extra-Conventional rights” refers to rights provided for in treaties other than the 1954 Convention, including human rights treaties drafted after the 1954 Convention. Article 3 can be read with Article 5 of the 1954 Convention, which states: “[n]othing in this Convention shall be deemed to impair any rights and benefits granted by a Contracting State to stateless persons apart from this Convention.” 44 Ibid. 45 Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c. 11, available at: http://laws-lois.justice.gc.ca/eng/Const/page-15.html [Charter]. The Canadian Charter of Rights and Freedoms is not to be confused with Quebec’s human rights legislation, the 41 42 14