prevent
the special
measures taken on behalf of Indians
from being denounced
Only women
as discriminatory
because they did not apply to all Canadians.
sentenced to more than two years’ imprisonment were committed to a
penitentiary;
others were held in one of the many establishments administered
by the provinces.
It had been recently
announced that the women’s federal
prison was to be closed and that five regional establishments were to be
constructed.
63. Referring to questions raised in connection with asylum seekers, the
representative
emphasised that the 1951 Convention relating
to the Status of
Refugees and the Covenant had to be considered jointly,
since, although each
of those instruments had its own special place, they complemented and
reinforced
each other.
The Canadian Government’s position with regard to the
backlog of cases was that the situation
was complicated by the very large
The Government was,
number of people already in Canada and seeking to remain.
and without discrimination
the
however, doing its utmost to process quickly
cases of thousands of refugees.
Each case was considered individually
to
determine whether the asylum seeker met the required conditions
for obtaining
the status applied for.
Priority
had been given to English-speaking
immigrants, perhaps because it was easier and quicker to deal with
applications
when a decision could be taken without recourse to the services
No discrimination
was in fact involved since the
of an interpreter.
Government was attemptiny
to deal as fast and as effectively
as possible with
the situation,
and those concerned were meanwhile living,
working and in some
cases receiving
social welfare benefits
in Canada.
Right to life
64. With regard to that issue , members of the Committee wished to know, in
the light of the defeat in the House of Commonsof a motion to reinstate
capital punishment, whether there were any prospects for the early
ratification
by Canada of the Second Optional Protocol to the Covenant, aiming
at the abolition
of the death penalty.
65. In his reply, the representative
of the State party said that capital
punishment had been abolished in Canada, except for certain offences which
Although the competent authorities
were
came under the National Defence Act.
currently
giving careful consideration
to the Second Optional Protocol in the
light of the National Defence Act , with a view to possible accession, no
decision had yet been taken.
rtv
and securitv
of the W~UQU
6ti. With reference to that issue, inembers of the Committee asked what the
grounds were for imposing an indeterminate
sentence of detention:
how the
maximum length of such a sentence was related to the maximum fixed term
established for a given offence under the Criminal Code: whether there were
any maximum limits on the length of pre-trial
detention:
what was the average
length of pre-trial
detention:
how much variation
there was in this regard
anong the various
provinces:
and what was the average duration of criminal
proceedings.
They also requested clarification
of the reference to “specified
restrictions”
on the right of detainees to apply for a writ of meas corwu
in section 700 of the Criminal Code and of the current practice
of the Yukon
government of incarcerating
individuals
who were unable to pay fines.
They
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