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UN Human Rights Committee criticizes Canada's performance

Report from the UN Committee raises concerns about missing and murdered Aboriginal women, Bill C-51, immigration detention measures for asylum seekers, among a wide range of issues.

Geneva (23 July 2015) — The UN Human Rights Committee — the independent treaty body that monitors state implementation of the International Covenant on Civil and Political Rights (ICCPR) — has released its concluding observations on Canada.

The report on Canada is the first in 10 years and criticizes the Canadian government for its actions on a broad range of human rights issues. The list includes missing and murdered Aboriginal women, violence against women generally, and a number of other issues, ranging from refugees to Bill C-51, the new anti-terror law.

Number of Canadian organizations provided testimony

More than 26 human rights organizations, including Canada Without Poverty, the Canadian Civil Liberties Association, Amnesty International Canada and Human Rights Watch, made submissions to the 18-member independent committee. 

The report took exception to Canada's refusal to take the necessary steps to address the committee's recommendations from 10 years prior.

"It should take all necessary measures to establish mechanisms and appropriate procedures to give full effect to the committee's views so as to guarantee an effective remedy when there has been a violation of the covenant," the report said.

Long list of criticisms and recommendations

Below are some of the UN committee's criticisms and recommendations:

  • Missing and murdered Aboriginal women: A number of organizations presented to the committee on the issue of the murdered and missing women saying that "indigenous women and girls are disproportionately affected by life-threatening forms of violence, homicides and disappearances." The committee called for a national inquiry.
  • Bill C-51: The committee found that Canada's new anti-terror law allows mass surveillance, too much information sharing, and a no-fly list that lacks proper governance and appeal. It recommended a review of the act and the introduction of provisions for better legal safeguards.
  • Police use of force: The committee expressed concern about the use of excessive force at protests and urged prompt, impartial investigations, along with prosecutions of those responsible.
  • Business operating abroad: "Human rights abuses by Canadian companies operating abroad, in particular mining corporations," should be addressed by an independent authority and the creation of a framework that provides victims the possibility of legal remedies.
  • Gender equality: The committee noted that there remains "persisting inequalities between women and men" in Canada and recommends better equal pay legislation," with a special focus on minority and indigenous women."
  • Violence against women: The committee noted the continued prevalence of violence against women in Canada, and the "the lack of statistical data on domestic violence," and called for better legal protections for victims, more shelters and victims services.
  • Refugees and immigration: The UN committee expressed concern"that individuals who are nationals of designated 'safe' countries are denied an appeal hearing against a rejected refugee claim before the Refugee Appeal Division and are only allowed judicial review before the Federal Court" — increasing the risk they may be returned.

Some of the other recommendations addressed prison conditions in Canada, freedom of expression, native land titles, the Indian Act, and the condition of indigenous people generally.

Canada is asked to report in five years on its response to the recommendations.

More information:

UN Human Rights Committee — Concluding Observations

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