CCPR/C/113/D/2091/2011
recognized in the decision on his application on humanitarian and compassionate grounds.20
When the author takes his medication, his behaviour tends to be stable and predictable.
Thus, it is illogical to consider his criminality in isolation from his mental illness. There is
good reason to believe that if he were permitted to not live in detention, with access to
medication and family support, his illness would generally remain manageable.
5.13 The sentences received by the author were very short and reflect the judges’ view
that he did not represent a danger to the Canadian public. In 1984, he was given a sentence
of five days. Since then, although he served many more days in pre-sentence custody, he
has never been sentenced to more than one day in jail, despite being convicted of offences
that appear to be serious. Also, the judges consistently gave the author sentences to be
served in the community, which suggests that he was not considered to be dangerous.
5.14 The decision to interfere with the author’s right to a family was arbitrary. The 2008
decision to reject his application on humanitarian and compassionate grounds relied heavily
on the author’s stated relationship with his father in Jamaica, who passed away in 2009.
The decision was also largely based on speculation that the author would not manage his
illness effectively under the supervision of his niece, and assumed that his family in
Canada would provide him with financial and other support in Jamaica. However, the
author has been robbed each time he has sought to obtain money from a bank and, even
with his family’s support, he is homeless. The author concludes that the 2008 decision was
arbitrary and that his removal breached articles 17 and 23 of the Covenant.
5.15 By way of remedy, the author requests financial compensation for the mistreatment
suffered as a consequence of his deportation. He also requests that the State party grant him
a residence permit.
State party’s additional observations
6.1
On 19 August 2013, the State party submitted additional observations in response to
the author’s comments of 2 January 2013.
6.2
Regarding interim measures, the State party submits that: (a) it is unrealistic to
expect that, within a few minutes of receipt of a non-binding request for interim measures,
Canadian officials should have ordered the plane to return to Toronto; (b) once the plane
landed in Kingston, the State party had no jurisdiction over the author, a Jamaican national
on Jamaican territory; and (c) although the implications of the deportation, in the light of
the request for interim measures, were considered, as the State party concluded that it was
not appropriate for the Committee to issue interim measures in that case, no attempt was
made to bring the author back to Canada.
6.3
With respect to the new, post-deportation evidence provided by the author, the State
party submits that the relevant time for the Committee’s assessment of the case is at the
time of removal.21 It could not be foreseen that the author would be sexually abused, that
the police would not return his medication upon his release from detention or that the
community group home would close. Even if all the alleged events are true, the State party
cannot be considered responsible for them, as there is no causal connection between the
removal and the subsequent events. Even if that connection is said to exist, which the State
party denies, it is too indirect and remote to trigger any violation of the Covenant by
Canada.
20
21
The decision, dated 22 April 2010, included the following statement: “Mr. G.’s criminal offences
appear to be tied to his mental health – specifically whether or not he takes the medicine required to
treat his mental illness”.
The State party refers to Munaf v. Romania (note 15 above), paras. 14.4–14.5.
11