Canadian law prior to the Convention’s ratification so as to ensure its
compliance with specific provisions of the Convention. The representative also
provided information and explanations with regard to the division of legislative
powers under the federal structure of Canada. He stated that collection of
statistical information on matters related to the Convention was complicated by
the division of powers in Canada. Consultations with relevant government
departments responsible for collecting such data would be held and more
information of that nature would be included in the next report. Furthermore,
with regard to the alleged ill-treatment of two persons in Vancouver, the
representative indicated that the Committee would be provided with an updated
report on the findings of the independent commission appointed by the Province
of British Columbia to inquire into municipal policing. He also informed the
Committee that the independent Public Complaints Commission had already carried
out an investigation and that the two persons in question had apparently
instituted proceedings against the officers concerned. In connection with the
allegations of ill-treatment of Mohawk Indians by Quebec police forces in 1990,
the representative stated that four of the cases had been raised before
1 September 1990 and had thus been considered under the former system through
submission to the Complaints Committee of Quebec’s Department of Public
Security, which had rejected the cases on various grounds. However, the
Committee’s decisions were subject to appeal. Under the new provisions on
police conduct in Quebec all complaints would be considered in the first
instance by the Commissioner for Police Ethics. This had happened in one case
which had occurred after 1 September 1990 and, as a result of the inquiry by the
Commissioner, certain police officers had been brought before the Comité de
déontologie policière, which would decide on the matter in the autumn of 1993.
300. Regarding article 2 of the Convention, the representative explained that
the Criminal Code contained not only the offence of torture but also war crimes
and crimes against humanity and that, while crimes against humanity could well
include torture, such crimes also demanded that other conditions be met, for
example, that the offending act had been committed against a civilian population
or identifiable group of persons. Where an accused was charged with conduct
which fulfilled the definition of both sections, the accused could be convicted
of only one offence. Moreover, the defence of obedience to de facto authority
was not available to an individual charged with a war crime or a crime against
humanity.
301. With regard to article 3 of the Convention, the representative told the
Committee that Canada’s refugee determination system fully complied with the
Convention’s requirements relating to torture allegations. In this connection,
he described the training given to immigration officers, which had been
developed with the assistance of the Office of the United Nations High
Commissioner for Refugees (UNHCR), and the various provisions and procedures
available to individuals to make a claim for refugee status. He also indicated
that the success rate for refugee claimants in Canada had been recognized by
UNHCR as the highest in the world and that the refugee determination system
would be kept under continuous review to maintain its high standards. With
regard to the concern raised that a person might be extradited to face the death
penalty the representative referred to various debates on the issue in the Human
Rights Committee and in the Supreme Court of Canada.
302. In connection with article 5 of the Convention, the representative
explained that, in the Canadian Criminal Code, the offence of torture was
subject to universal jurisdiction. Thus, any judge, whether provincial or
federal, who had the authority to hear criminal trials could rely on the
universal jurisdiction of that Code.
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