CAT
UNITED
NATIONS
Convention against Torture
and Other Cruel, Inhuman
or Degrading Treatment
or Punishment
Distr.
GENERAL
CAT/C/CR/34/CAN
7 July 2005
Original: ENGLISH
COMMITTEE AGAINST TORTURE
Thirty-fourth session
2-20 May 2005
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
CANADA
1.
The Committee considered the fourth and fifth periodic reports of Canada
(CAT/C/55/Add.8 and CAT/C/81/Add.3, respectively) at its 643rd and 646th meetings
(CAT/C/SR.643 and 646), held on 4 and 6 May 2005, and adopted, at its 658th meeting
(CAT/C/SR.658), the following conclusions and recommendations.
A. Introduction
2.
The fourth periodic report of Canada was due on 23 July 2000 and was submitted
on 20 August 2002, while the fifth periodic report was due on 23 July 2004 and was submitted
on 11 October 2004, each in accordance with the Committee’s reporting guidelines. The
Committee welcomes the open and inclusive participation in the reporting process of institutions
and non-governmental organizations concerned with the protection of human rights, as well as
the inclusion in the reports of diverging views of civil society.
B. Positive aspects
3.
The Committee notes:
(a)
The definition of torture in the Canadian Criminal Code that is in accordance with
the definition contained in article 1 of the Convention and the exclusion in the Criminal Code of
the defences of superior orders or exceptional circumstances, including in armed conflict, as well
as the inadmissibility of evidence obtained by torture;
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