Statelessness, Canada, and Law
Canada and International Law
Canada is a signatory to several international instruments that have provisions related to nationality and statelessness. In 1978 Canada ratified the 1961 Convention on the Reduction of Statelessness, and is therefore obliged to ensure that Canadian citizenship legislation and policy grants citizenship to those who may otherwise be stateless. Canada is not a signatory to the 1954 Convention relating to the Status of Stateless Persons and has articulated its position based on the following reasons:
Canada and International Law
Canada is a signatory to several international instruments that have provisions related to nationality and statelessness. In 1978 Canada ratified the 1961 Convention on the Reduction of Statelessness, and is therefore obliged to ensure that Canadian citizenship legislation and policy grants citizenship to those who may otherwise be stateless. Canada is not a signatory to the 1954 Convention relating to the Status of Stateless Persons and has articulated its position based on the following reasons:
- Canada believes that the Refugee Convention to a large extent duplicates the 1954 Statelessness Convention and thus there is no need to accede to both;
- Canadian law contains all necessary safeguards to cover adequately the situation of stateless persons;
- Canada has concerns that ratification and subsequent inclusion in Canadian legislation of specific provisions governing the status of stateless persons would encourage stateless persons to come to Canada from other countries (the “pull-factor”), and would encourage persons already in Canada to renounce their citizenship.
Canadian Law
Though Canada is not a signatory to the 1954 Convention relating to the Status of Stateless Persons, stateless persons are protected under Section 7 of the Canadian Charter of Rights and Freedoms, which guarantees the fundamental right of everyone to “life, liberty and security of the person, and the right not to be deprived thereof except in accordance with the principles of fundamental justice”.
However, those who have no nationality and do not fall into any other category of status, such as refugee status or protected person status, remain very vulnerable. Gaps in Canadian legislation in which stateless persons in Canada fall include:
However, those who have no nationality and do not fall into any other category of status, such as refugee status or protected person status, remain very vulnerable. Gaps in Canadian legislation in which stateless persons in Canada fall include:
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Definitions
Canada’s Citizenship Act and Immigration and Refugee Protection Act (IRPA) do not define a stateless person. The IRPA defines a foreign national as “a person who is not a Canadian citizen or a permanent resident, and includes a stateless person.” There is also no definition of a stateless person in the Immigration and Refugee Protection Regulations (IRPR), or the Citizenship Regulations. |
Protections
Canada’s legislation makes no specific provision for the protection of non-refugee stateless persons, and does not acknowledge the unique situation and vulnerability of stateless persons. Canada also lacks several protections concerning social housing, public education, healthcare and social assistance, social security, identity papers, travel documents, expulsion, and naturalization. |
Statelessness Determination Procedure
Canada does not have a specific procedure or legal framework for the determination of statelessness. The lack of a stateless determination procedure means that there lacks a ‘stateless person status’ in Canada, leaving stateless persons without a protection measure tailored to their specific needs. |
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Creating Statelessness
Canada's Citizenship Act creates the possibility for statelessness by imposing a limit on the ability of parents to pass on Canadian citizenship to their children. This is referred to as the 'second-generation born abroad children', whereby children born outside of Canada to a Canadian parent who was born or adopted outside Canada are not entitled to Canadian citizenship. *In December 2023 this law was ruled unconstitutional. For more information, click here.* |
Poor Data Collection
Statistics Canada, Citizenship and Immigration Canada (CIC),* Immigration and Refugee Board of Canada (IRB) and Canadian Border Services Agency (CBSA) do not collect adequate data on demographic information, detention, and removals of stateless persons. For our report on this issue see here. *now known as IRCC |
Settlement
Statelessness, distinct from stateless-refugee status, is not a path to legal status. In other words, a stateless person who is not a refugee cannot be admitted to Canada, because they are stateless. As a result, Canada does not include non-refugee stateless persons in its resettlement programs. |
Impacts of Statelessness
The realities that stateless persons face in Canada are unlike those faced by any other group of people. Stateless people in Canada experience similar conditions as stateless people all over the world: they are often unable to access services, enroll in higher education, and are forced to live and work in sub-standard conditions. The realities for stateless persons include:
- ineligible to leave Canada and ineligible to enter any other country
- If stateless persons are able to leave Canada, they often have no right of return
- ineligible to bring their children and spouses to Canada
- cannot access subsidized health care or student loans
- have difficulties in obtaining legal employment
- are often forced to live in sub-standard housing
- subject to lengthy detention and removal
- living in long-term limbo
These realities suggest that stateless persons do not enjoy protection in Canada under section 15 of the Charter of Rights and Freedoms which stipulates “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability” (15(1)).
