to the jurisdiction of judges, and of any difficulties the federal system had
posed in the compilation and provision of statistics on torture-related matters.
Further information was also sought on matters relating to the alleged
maltreatment of two immigrants of Chinese origin by the police authorities in
Vancouver and the ill-treatment of Mohawk Indians by Quebec police forces in
1990, especially in relation to the outcome of those complaints and the
impartiality of any inquiries undertaken on those incidents.
292. Referring to article 2 of the Convention, members of the Committee
requested clarification as to the application of different provisions of the
Criminal Code for the offence of torture, especially regarding the effect of the
inclusion of section 7 (3.71) of the Criminal Code, which made war crimes and
crimes against humanity a criminal offence.
293. In connection with article 3 of the Convention, members of the Committee
requested further information on the action taken by the Government of Canada to
ensure compatibility with the provisions of that article, especially on the
issue of non-refoulement. In this connection they recalled that persons who
were refused entry or refugee status should not be returned to countries where
there was a risk that they might be subjected to torture. Moreover, it was
asked whether the Government of Canada considered that extraditing a person to a
country where he could face the death penalty subjected that person to inhuman
and degrading treatment.
294. Concerning articles 5 to 9 of the Convention, members of the Committee
wished to receive further information on the legislative measures taken to
provide judges in Canada with the competence of universal jurisdiction on
torture-related matters. They also wished to know more about the application of
mutual judicial assistance between Canada and other States, especially with
regard to the offence of torture, where no bilateral agreement existed.
295. With regard to article 10 of the Convention, members of the Committee
wished to know whether education on torture-related matters was being applied
restrictively or in the widest possible manner and in this connection they
wished to know of any special training on torture-related matters being given to
the military and border police, and to all medical personnel in Canada.
296. In connection with articles 12 and 13 of the Convention, members of the
Committee requested further information on the procedures available to
individuals to initiate charges and proceedings against ill-treatment or abuse
of power committed by police authorities. In particular, they sought
information on the work of the Public Complaints Commission, the Commissioner
for Police Ethics and the Comité de déontologie policière.
297. Concerning article 14 of the Convention, members of the Committee sought
further information not only on the possibilities available for the
rehabilitation and treatment of torture victims but also on the remedies and
compensation available to victims of ill-treatment even in cases where the
alleged perpetrator had been acquitted.
298. With regard to article 16 of the Convention, attention was drawn to acts
which constituted cruel, inhuman or degrading treatment and to the seeming
association between society’s tolerance of physical chastisement in the home
environment and the acceptance of violence. In this connection, it was asked
whether corporal punishment of children by parents was practised in Canada and
what was the legal basis for that practice.
299. Replying to the questions of a general nature, the representative of the
reporting State informed the Committee of the changes that had been made to
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