CAT/C/CAN/CO/6
(b)
The establishment of the Internal Inquiry into the Actions of Canadian
Officials in Relation to Abdullah Almalki, Ahmad Abou-Elmaati and Muayyed Nureddin
(Iacobucci Inquiry), in December 2006;
(c)
The establishment of the Ipperwash Priorities and Action Committee by the
Ontario Government in 2007 to work on the implementation of the Ipperwash Inquiry
Report recommendations;
(d)
The establishment of the Provincial Partnership Committee on Missing
Persons in Saskatchewan in January 2006; and
(e)
The Braidwood Inquiry, initiated by the province of British Columbia in
2008 to examine the case of Robert Dziekanski.
6.
The Committee notes with satisfaction the official apology and compensation
provided to Maher Arar and his family soon after the release of a report by the Commission
of Inquiry into the Actions of Canadian Officials in relation to Maher Arar.
7.
The Committee notes with satisfaction the official apology by Royal Canadian
Mounted Police to the mother of Robert Dziekanski for the loss of her son.
C.
Principal subjects of concern and recommendations
Incorporation of the Convention in the domestic legal order
8.
While welcoming the statement made by the delegation that all levels of Canadian
governments take seriously their obligations under the Convention, the Committee regrets
that Canada has not incorporated all provisions of the Convention into domestic law and
that those provisions cannot be argued independently as the basis for a legal claim in courts
other than through domestic legal instruments. The Committee is of the view that the
incorporation of the Convention into Canadian law would not only be of a symbolic nature
but that it would strengthen the protection of persons allowing them to invoke the
provisions of the Convention directly before the courts (art. 2).
The Committee recommends that the State party incorporate all the provisions of the
Convention into Canadian law in order to allow persons to invoke it directly in courts,
give prominence to the Convention and raise awareness of its provisions among
members of the judiciary and the public at large. In particular, the State party should
take all necessary steps to ensure that provisions of the Convention that give rise to
extraterritorial jurisdiction can be directly applied before domestic courts.
Non-refoulement
9.
The Committee notes the State party’s information that the law allowing deportation
despite a risk of torture is merely theoretical. However, the fact remains that it is the law in
force at present. Therefore, the Committee remains seriously concerned that (art. 3):
(a)
Canadian law, including subsection 115(2) of the Immigration and Refugee
Protection Act, continues to provide legislative exceptions to the principle of nonrefoulement;
(b)
The State party continues to engage in deportation, extradition or other
removals, in practice, often using security certificates under the Immigration and Refugee
Protection Act and occasionally resorting to diplomatic assurances, which could result in
violations of the principle of non-refoulement; and
(c)
Insufficient information is provided in relation to investigations into all
allegations of violation of article 3 of the Convention, remedies provided to victims and
measures taken to guarantee effective post-return monitoring arrangements.
2