E/CN.4/2006/7/Add.2
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88.
As a markedly federal system, the administration of justice differs between the
various Canadian jurisdictions. But in all of them a strong and independent judiciary and
a vigorous private legal profession ensure that deprivation of liberty generally complies
with the law and that criminal trials are substantially fair.
89.
The Working Group observed that the authorities and the civil society are aware of
the issues of concern raised by the Working Group and are pursuing measures to address
these issues. The Working Group identified several good practices which deserve being
brought to the attention of the international community.
90.
Reforms of the part of the Criminal Code relating to sentencing and of juvenile
criminal law have led to a substantial decrease in the incarceration rate. This trend has
not so far benefited Canada’s Aboriginal population, which remains dramatically
over-represented in the criminal justice system. Moreover, the Working Group notes that
the rate of detention on remand has been constantly increasing in the course of the last
decade. Remand detention disparately affects vulnerable social groups, such as the
Aboriginal population and minorities, the poor, persons with mental health problems and
drug users. These sectors of the population also often have difficulties accessing effective
legal representation.
91.
With regard to administrative detention under immigration laws, the Working
Group notes that, considering the overall number of migrants and asylum-seekers coming
to Canada, their detention remains the exception. The Working Group is concerned,
however, about several aspects of the immigration law, which give the immigration officers
wide discretion in detaining aliens and limit the review of decisions ordering detention.
The Working Group is also gravely concerned about the security certificate process, by
which persons suspected of involvement in terrorist activities are detained over years
without being adequately informed of the reasons for their detention and in the absence of
other guarantees of a criminal process.
VI. RECOMMENDATIONS
92.
Canada is perceived as a model and point of reference for the peoples of many
countries with regard to the rule of law and respect for human rights. It is also with this
important role Canada plays in mind that the Working Group recommends that:
(a)
The authorities continue pursuing and strengthening policies to address
the over-representation of Aboriginals among the prison population. In this respect, the
Working Group recommends particularly efforts aimed at increasing the participation
of Aboriginal professionals in law enforcement and the justice system on the one hand,
and - on the other hand - reinforcing efforts to sensitize the members of law enforcement
agencies to the ways in which their policies and conduct contribute to such
over-representation;
(b)
The authorities address and reverse the trend to ever-increasing use of
pretrial detention and pursue and expand their efforts to find innovative alternatives to the
detention on remand of accused without “strong roots in the community”, which basically
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