303. Concerning articles 8 and 9 of the Convention, the representative indicated
that Canada could cooperate with another country in accordance with those
articles regardless of whether bilateral treaties on mutual legal assistance
existed. As an example of how the procedure of mutual legal assistance was
applied in practice, information was given on the assistance given by Canada at
the request of Chile in connection with a torture-related prosecution there.
304. With regard to article 10 of the Convention, the representative informed
the Committee of the training on the Convention and other related matters given
to various public officials, including members of the correctional service and
recruits for the Royal Canadian Mounted Police. Canadian armed forces called
upon to assist civil authorities during a riot or disturbance in Canada or
participating in United Nations peace-keeping and humanitarian operations
outside Canada received specific training in, inter alia, the use of minimum
force. The representative also indicated that he was unaware of specific
training given to medical doctors on the detection of torture and more
information on that subject would be sought.
305. In connection with articles 12 and 13 of the Convention, the representative
outlined the procedures available to an individual alleging torture by the
police, which included personal prosecution of the offence. Such actions may be
brought by the individual under the provisions of the Criminal Code or the
Canadian Charter of Rights and Freedoms, or through the filing of a complaint
with the Royal Canadian Mounted Police. Moreover, civil redress may be sought
under the Crown Liability Act or at common law. Since the Royal Canadian
Mounted Police Public Complaints Commission had become operational in 1988 it
had held 12 hearings, 5 of which had concerned excessive force.
306. With regard to article 14 of the Convention, the representative outlined
several aspects of compensation arrangements in Canada for criminal injuries
following a police investigation. He indicated, for example, that compensation
might be provided in the case of an accused person acquitted on the merits of a
charge or in the case of an acquittal on technical grounds. Such compensation
provisions stemmed from special funds established by the Government. Equally,
an injured party might seek compensation or other remedies through the courts,
even if the offender was a government official.
307. Concerning article 16 of the Convention, the representative informed the
Committee of the statement by the Supreme Court of Canada, in the case of
Regina V. Smith, that there were certain punishments which would always offend
the protection against cruel and unusual punishment in section 12 of the
Canadian Charter of Rights and Freedoms and that included corporal punishment.
Furthermore, the Federal Government was re-examining a provision of the Criminal
Code which permitted reasonable force by a parent or schoolteacher in the
correction of a child.
Conclusions and recommendations
308. The Committee expressed its appreciation to the Government of Canada, not
only for its comprehensive report but also for the measures and efforts
undertaken by the Canadian authorities in compliance with the provisions of the
Convention.
309. The Committee also expressed its thanks for the excellent presentation by
the Canadian delegation and in this regard noted with satisfaction the various
clarifications provided by the delegation in response to the questions raised by
members of the Committee during its examination of the State party’s report.
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