A/HRC/11/17*
initiatives such as Canada’s Action Plan Against Racism, education, promotion of diversity
in schools, assistance to victims, networks of cooperation, and attempts to strengthen the
role of civil society. A robust constitutional and legal framework provides victims with
several avenues of redress for complaints of racism and discrimination.
57.
On LGBT rights, some best practices have evolved, such as workplaces adopting
diverse and inclusive policies. The Canadian Charter guarantees equality of all persons,
regardless of sexual orientation.
58.
Canada does not use or condone racial profiling, which is contrary to constitutional
protections. Preventative measures include police training and bias-free recruitment.
Independent review organizations oversee police conduct.
59.
Canada understands its obligations in international law to protect people who are at
risk of persecution, torture and cruel and inhuman treatment. It also has a duty to protect the
safety and security of Canadians. Immigration law generally prohibits the removal of
persons who face a real risk of persecution or torture. While the Canadian Supreme Court
has ruled that there may be exceptional circumstances where an inadmissible person could
be removed if the risks to that person would be outweighed by the risks to Canada, no
person has been removed to torture.
60.
Having joined consensus on the adoption of the OP-ICESCR, Canada will watch the
development of a complaints mechanism with interest. It participated in the negotiations of
the ICRPD, joined consensus on its adoption and is currently giving priority consideration
to its ratification. On OP-CAT, it is engaged in examining domestic mechanisms for
monitoring places of detention.
61.
The delegation said Canada takes its international obligations very seriously.
International treaties are not self-executing, but are used by courts in interpreting domestic
law that provides remedies for human rights violations. Canada undertakes extensive
consultations with all jurisdictions prior to ratification, to ensure compliance with ensuing
obligations.
62.
Regarding mechanisms to ensure implementation of international treaty obligations,
the Continuing Committee of Officials on Human Rights is the principal consultation
mechanism among federal, provincial and territorial governments. Concluding observations
of treaty bodies are provided to a Deputy Ministers Committee to ensure there is senior
level attention. Parliamentary committees also regularly hear witnesses from Government
and civil society on human rights issues.
63.
Saudi Arabia cited CAT, CERD, the HR Committee and the Working Group on
Arbitrary Detention concerns on the use of security testimonies which allowed prolonged
detention of non-Canadian terrorism suspects without indictment or prosecution and
without criminal procedure safeguards. It cited the Special Rapporteur on Racism’s report
noting the re-emergence of Anti-Semitism and Islamophobia. It referred to CEDAW
concerns on domestic violence, and CESCR on gender and employment. It cited the Special
Rapporteur on the right to adequate housing, it said statistics on poverty and homelessness
are striking, and CERD’s concerns over the lack of equality in living standards of
Aboriginals. It recommended Canada implement all international human rights instruments
related to these groups and enhance and protect their rights against violations.
64.
Egypt said Canada boasts of sophisticated human rights architecture and is a
multicultural melting pot, but asked why Canada refused to receive the Working Group on
people of African Descent, and about allegations by some NGOs about the systematic
exclusion of Arab and African civil society from anti-racism consultations. It asked about
measures to ensure that Canadian combat forces serving in Afghanistan comply with
Canada’s human rights obligations in the context of the armed conflict. Egypt
12
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