Laws about Torture in Canada

IMPORTANT LEGISLATION

• Canadian Charter of Rights and Freedoms Section 12 Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
• Universal Declaration of Human Rights (1948), Article 5
• “No one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment.”
• Geneva Conventions (1949) Article 99, Third Convention
• “no moral or physical coercion may be exerted on a prisoner of war in order to admit himself guilty of the act of which he is accused “
• UN Minimum Standards for the Treatment of Prisoners (1957), Rule 31
• “Corporal punishment, punishment by placing in a dark cell, and all cruel, inhumane or degrading punishments shall be completely prohibited…”
• UN Declaration on the Protection of All Persons from Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1975)
• “No State may permit or tolerate torture…Exceptional circumstances such as a state of war …or any other public emergency may not be invoked as a justification of torture or other cruel inhumane or degrading treatment or punishment.”

OTHER THINGS TO KNOW

• Torture law is such that it is applicable even to nations that have not signed or ratified conventions- special status in international law
• No. Article 2(2) of the Convention states that: “No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.“
• The prohibition on torture is also a ”peremptory norm,” which means that it cannot be overruled by any other law or by local custom.  For example, if local religious groups believe in torture as a natural punishment, still illegal.

MAHER ARAR IMPORTANT CASE

• Maher Arar was a dual Canadian-Syrian citizen who lived in Ottawa with his wife and kids
• Detained at the Kennedy Airport in 2002 for questioning. Questioned for hours on alleged Al-Quada links, then ‘disappeared’
• Revealed to have been deported to Syria by the American government where he was held in prison there for over a year, while being regularly interrogated and tortured for information (U.S. knew they used torture).
• Released after eventual public outcry back to Canada, after no terrorist links were discovered
• Canadians ordered commission of inquiry that ended with a 10 million dollar compensation paid to Arar and the resignation of the head of the RCMP
• Current lawsuit pending against US government looking for compensation and an acknowledgment that they violated constitutional and human rights.

William Anderson (Schoolworkhelper Editorial Team)

William completed his Bachelor of Science and Master of Arts in 2013. He current serves as a lecturer, tutor and freelance writer. In his spare time, he enjoys reading, walking his dog and parasailing. Article last reviewed: 2022 | St. Rosemary Institution © 2010-2024 | Creative Commons 4.0

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