CAT/C/CAN/CO/7
Security certificates
46.
While noting the decline in its use, the Committee reiterates its concern about the
continued practice of the issuance and referral of certificates, as provided for under division
9 of the Immigration and Refugee Protection Act, a procedure that is activated in
exceptional circumstances when a permanent resident or foreign national is believed to be
inadmissible on security grounds. While taking note of the judgment of the Supreme Court
of Canada of 14 May 2014 in Canada (Citizenship and Immigration) v. Harkat, the
Committee remains concerned that the security certificate system allows individuals to be
detained in proceedings that deny them access to the full evidence against them, including
intelligence information from foreign countries. Despite the explanations given by the
delegation, the Committee notes that special advocates continue to have very limited ability
to conduct cross-examination or to independently and properly seek evidence on behalf of
the individual named on the certificate. The application of the security certificate procedure
may therefore result in breaches of the Convention, including indefinite detention, the use
of forced confessions as evidence in court and deportations and refoulement despite the risk
of torture. Lastly, the Committee regrets that the State party did not provide the up-to-date
information requested on the cases of Mahjoub Jaballah and Mohamed Harkat (arts. 2, 3, 15
and 16).
47.
Recalling its previous recommendation (CAT/C/CAN/CO/6, para. 12), the
Committee recommends that all measures to restrict or limit guarantees of a fair trial
on security grounds should be fully compliant with the Convention. In particular, the
State party should:
(a)
Ensure that intelligence and other sensitive material is subject to possible
disclosure if a court determines that it contains evidence of human rights violations,
such as torture or cruel, inhuman or degrading treatment;
(b)
Ensure that the application of security procedures does not result in
indefinite detention or deportations and violations of the principle of nonrefoulement;
(c)
Provide an update on the above-mentioned cases.
Gender-based violence, including violence against indigenous women and girls
48.
While commending the State party for establishing in September 2016 a national
inquiry into missing and murdered indigenous women and girls, the Committee remains
seriously concerned about the continued and consistent reports of disproportionate levels of
violence against members of this group overall. Furthermore, the Committee regrets that
the State party has not provided information on the number of investigations, prosecutions,
convictions and sentences imposed in cases of gender-based violence, including murders
and disappearances, in particular against indigenous women and girls, during the period
under review. In this regard, the Committee notes the measures taken by the government of
Quebec to deal with police violence against indigenous peoples through a specific
investigative unit, and that provincial domestic violence initiatives in British Columbia
provide funding to support indigenous associations to deal with domestic violence (arts. 2,
12, 13, 14 and 16).
49.
The State party should:
(a)
Ensure that all cases of gender-based violence – in particular against
indigenous women and girls, and especially those involving actions or omissions by
State authorities or other entities that engage the international responsibility of the
State party under the Convention – are thoroughly investigated, that the alleged
perpetrators are prosecuted and, if convicted, punished appropriately and that the
victims or their families receive redress, including adequate compensation;
(b)
Establish a mechanism for the independent review of all cases in which
there are allegations of inadequate or partial police investigations, as recommended
by the Committee on the Elimination of Discrimination against Women
(CEDAW/C/CAN/CO/8-9, para. 27 (c) (iii); see also all relevant recommendations in
CEDAW/C/OP.8/CAN/1, paras. 216–220);
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