Canada
Updated 19.07.2013
OPCAT status
UNCAT Ratification : June 24, 1987
Information
Population : 34 300 083
Area (sq km) : 9 984 670
Number of prisons : 234
Prison population : 38 691
Federal Structure : Canada is divided into 10 Provinces and 3 Territories
Quick Links
UPR: Report of the Working Group (March 2009)
CAT: Concluding Observations (June 2012)
OPCAT Situation
Although having expressed in more than one occasion its willingness to become
a State Party to the OPCAT and various recommendations made by treaty
bodies, Canada has not ratified the instrument yet.
Consideration of ratification is currently ongoing. However, the federal structure
of the country may represent some additional complications.
OPCAT Ratification
Although Canada had strongly supported the OPCAT throughout its drafting
process and voted in its favour in 2002, it has not signed nor ratified it yet.
Given the federal structure of the country, implementation of international
treaties can fall either under the authority of the Federal Government or under
the authority of the Provinces. This ultimately depends on the subject-matter of
the treaty.
Even though a general Committee (the Continuing Committee of Officials on
Human Rights) was established in 1975 with the task of managing Canada’s
international human rights obligations, places of detention more specifically fall
under overlapping areas of authority. It follows that in order to proceed with the
ratification of the OPCAT, the Federal Government has to seek the consent of
the Provinces.
Costs implied by the ratification of the OPCAT is also an issue: in a
geographically dispersed country such as Canada, frequency and regularity of
visits requires an agreement between the Federal and Provincial Governments
for the allocation of costs.
Process
2005
In January 2005, the Canadian government and the APT jointly convened a
meeting of Geneva-based diplomats from Federal and Decentralized States, to
discuss the challenges related to implementation. At that time, Canadian
officials reported that inter-ministerial consultations were ongoing at the federal
level. Discussions were reportedly also taking place in Canada’s ten provinces
and three territories, in the context of the Continuing Committee of Officials on
Human Rights (CCOHR).
2006
Upon its first election to the United Nations Human Rights Council,
Canada announced that it was considering the ratification of the OPCAT.
However, by the end of its mandate, it had not taken any measure in that
direction.
2007
In June 2007, the Parliamentary Sub-Committee on International Human Rights
(SIHR) held hearings on the OPCAT but the process did not go further given the
suspension of the Parliamentary sessions for the summer and the subsequent
changes in the membership of the Sub-Committee. Although the Government
formally stated that consultations on ratification were still ongoing, other issues
took precedence in the new agenda over the OPCAT ratification process
2009
In the context of its examination by the UPR of the Human Rights Council in
February 2009, Canada stated that extensive legislative and policy review
processes were undergoing with regard to the ratification of both the Convention
on the Rights of Persons with Disabilities and the Optional Protocol to the CAT.
2010
The APT has been informed that informal consultations with Canadian civil
society took place in June 2010 to collect their views on what would be the most
appropriate NPM models for Canada. The APT is not aware of the results of the
consultations.
2011
In its last report to the Committee Against Torture, Canada restated its ongoing
consideration of joining the OPCAT States Parties.
2012
In response to the State Report, the Committee Against Torture urged Canada
in May 2012 to accelerate the discussions on the ratification of the OPCAT .
NPM Designation
Canada has not identified a possible NPM yet.
Process
The only federal institution with a mandate to monitor conditions of detention
(albeit on the basis of complaints) is the Office of the Correctional Investigator
(OCI) which can visit all 58 facilities under the responsibility of Correctional
Services Canada (and ultimately of the Department of Public Safety). The
Correctional Investigator have been express in the institution’s support for the
OPCAT ratification in its annual reports.
All provinces, except Prince-Edward Island, have Ombudsmen’s Offices with a
mandate to visit places of detention falling under their jurisdiction. It is worth
noting that most visits are complaints-driven.
Powered by TCPDF (www.tcpdf.org)