CAT/C/CAN/CO/7
(b)
Ensure the effective follow-up of recommendations arising from
monitoring activities at detention centres and systematically collect data on the
outcome of any complaints of ill-treatment received by monitors, including on any
investigations undertaken and any criminal or disciplinary proceedings resulting from
such complaints;
(c)
Ensure that non-governmental organizations have unhindered access to
all places of detention through, in particular, unannounced visits and the ability to
speak with detainees in private;
(d)
Complete the process towards accession to the Optional Protocol to the
Convention, while introducing mechanisms to ensure the participation of civil society,
indigenous groups and other stakeholders in the entire process.
Prompt, thorough and impartial investigations
22.
With reference to its previous concluding observations (para. 22), the Committee
notes that the internal review conducted by the Ontario Provincial Police into the handling
of incidents during land-related protests at Tyendinaga in April 2008 did not find any
evidence to support the claim that the prisoners were in any way discriminated against on
any grounds. Nevertheless, the Committee remains concerned about the absence of an
independent inquiry into the allegations of ill-treatment and excessive use of force against
Mohawk men detained by the Ontario Provincial Police during the protests (arts. 11, 12 and
16).
23.
The State party should conduct an independent inquiry into the Ontario
Provincial Police’s handling of the incidents at Tyendinaga in 2008.
Asylum and non-refoulement
24.
The Committee remains concerned about exceptions to the principle of nonrefoulement in the Immigration and Refugee Protection Act (subsection 115 (2)). In this
regard, the Committee recalls that article 3 of the Convention affords absolute protection
against torture to anyone in the territory of the State party, regardless of the person’s
character or the danger that the person may pose to society (art. 3).
25.
The State party should:
(a)
Ensure that no one may be expelled, returned or extradited to another
State where there are substantial grounds for believing that he or she would run a
personal and foreseeable risk of being subjected to torture;
(b)
Consider amending subsection 115 (2) of the Immigration and Refugee
Protection Act to fully comply with the principle of non-refoulement.
Interim measures
26.
Regarding its requests for interim measures in individual cases under article 22 of
the Convention, the Committee notes with concern the delegation’s statement that although
the State party had respected them in the majority of the cases during the period examined,
in some exceptional cases it could not agree with the Committee’s view that a request was
warranted, because domestic processes had concluded that the individual in question would
not face a real and personal risk or irreparable harm upon removal from Canada (arts. 3 and
22).
27.
The Committee recalls its previous concluding recommendations
(CAT/C/CAN/CO/6, para. 10, and CAT/C/CR/34/CAN, para. 4 (f)), as well as its
recurring decisions confirming the mandatory nature of interim measures (for
example, L.M. v. Canada, CAT/C/63/D/488/2012) and calls once again upon the State
party to fully cooperate with the Committee under the procedure for the
consideration of communications received under article 22 of the Convention, in
particular by respecting in every instance the requests for interim measures.
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