5.2 Counsel reiterates that the procedure for certifying that a person is a danger to the public in Canada is not an adequate assessment of risk. She considers that the position of the State party has consistently been that, in certain circumstances, persons who constitute a danger to the public can be deported to their countries of origin even when there is a risk of torture. This was also the substance of the ruling of the Court of Appeals in the case Suresh v. M.C.I. (Minister of Citizenship and Immigration). The interpretation of the Federal Court of Appeal is that the Convention does not prohibit in all cases deportation to countries where there is a significant risk of torture. It is therefore counsel's contention that the official position of the State party, as substantiated by the second highest court in Canada, is that persons can be deported to countries where there would be a substantial risk of torture if there is a compelling State interest. Counsel submits that the Committee must act urgently to make its view clear to the State party that removal to countries where there is a risk of torture is not permitted under any circumstances. 5.3 Counsel argues that, as a result of the deportation and the fact that she is unable to receive instructions from the author, the obligation to challenge the decision to execute deportation by internal remedies has become moot. The same may be said for the questioning of the constitutionality of the provision denying the author the opportunity to claim refugee protection. As a consequence, once the author was unable to obtain a stay of the deportation and was indeed deported, all domestic remedies had been exhausted because the deportation order was executed. To perfect applications challenging a decision to execute a decision of removal under these circumstances would, according to counsel, be meaningless. On the merits 5.4 With respect to the merits, it is the counsel's opinion that no person has adequately and properly assessed the risk run by the author. To allow any assessment of risk to be made within the context of a determination as to whether a person is a danger to the public to permit his deportation is, according to counsel, unsatisfactory. The risk assessment has to be conducted independently of any evaluation of danger. Counsel submits that the Committee should know whether or not the State party concluded that the author was at risk. This is particularly important in light of the position of the State party that deportation to countries where a person risks torture is possible under certain circumstances.