A/67/44
(a)
Canadian law, including subsection 115(2) of the Immigration and Refugee
Protection Act, continues to provide legislative exceptions to the principle of nonrefoulement;
(b)
The State party continues to engage in deportation, extradition or other
removals, in practice, often using security certificates under the Immigration and Refugee
Protection Act and occasionally resorting to diplomatic assurances, which could result in
violations of the principle of non-refoulement; and
(c)
Insufficient information is provided in relation to investigations into all
allegations of violation of article 3 of the Convention, remedies provided to victims and
measures taken to guarantee effective post-return monitoring arrangements.
Recalling its previous recommendation (CAT/C/CR/34/CAN, paras. 5 (a) and (b)), the
Committee urges the State party to amend relevant laws, including the Immigration
and Refugee Protection Act, with a view to unconditionally respecting the absolute
principle of non-refoulement in accordance with article 3 of the Convention, and take
all necessary measures to fully implement it in practice in all circumstances.
Furthermore, the State party should refrain from the use of diplomatic assurances as
a means of returning a person to another country where there are substantial grounds
for believing that he would be in danger of being subjected to torture.
(10) The Committee regrets the State party’s failure to comply in every instance with the
Committee’s decisions under article 22 of the Convention and requests for interim
measures of protection, particularly in cases involving deportation and extradition (with
reference to communications Nos. 258/2004, Dadar v. Canada, and 297/2006, Sogi v.
Canada), might undermine its commitment to the Convention. The Committee recalls that
the State party, by ratifying the Convention and voluntarily accepting the Committee’s
competence under article 22, undertook to cooperate with the Committee in good faith in
applying and giving full effect to the procedure of individual complaints established
thereunder. Consequently, the Committee considers that, by deporting complainants despite
the Committee’s decisions or requests for interim measures, the State party has committed a
breach of its obligations under articles 3 and 22 of the Convention (arts. 3 and 22).
The State party should fully cooperate with the Committee, in particular by
respecting in every instance its decisions and requests for interim measures. The
Committee recommends the State party review its policy in this respect, by
considering requests for interim measures in good faith and in accordance with its
obligations under articles 3 and 22 of the Convention.
(11) While noting the State party’s statement that the Canadian Forces assessed the risk
of torture or ill-treatment before transferring a detainee into Afghan custody
(CAT/C/CAN/Q/6/Add.1, para. 155), the Committee is concerned about several reports that
some prisoners transferred by Canadian Forces in Afghanistan into the custody of other
countries have experienced torture and ill-treatment (art. 3).
The State party should adopt a policy for future military operations that clearly
prohibits the prisoner transfers to another country when there are substantial
grounds for believing that he or she would be in danger of being subjected to torture
and recognizes that diplomatic assurances and monitoring arrangements will not be
relied upon to justify transfers when such substantial risk of torture exists.
Security certificates under the Immigration and Refugee Protection Act
(12) While taking note of the system of special advocates introduced by the amended
Immigration and Refugee Protection Act in response to concerns raised by different actors
and the judgement by the Supreme Court in the case of Charkaoui v. Canada, the
Committee remains concerned that (arts. 2, 3, 15 and 16):
GE.12-44492
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