Annual Report: Canada 2010

Report
May 28, 2010

Annual Report: Canada 2010

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Head of state Queen Elizabeth II, represented by Governor
General Michaëlle Jean

Head of government Stephen Harper
Death penalty abolitionist for all crimes
Population 33.6 million
Life expectancy 80.6 years
Under-5 mortality (m/f) 6/6 per 1,000

Canadian officials failed to protect the rights of Indigenous peoples adequately. Concerns persisted about human rights violations associated with national security laws and practices as well as Canadian overseas mining operations.

Background

In February, Canada's human rights record was assessed under the UN Universal Periodic Review. The recommendation that Canada develop a national poverty elimination strategy was rejected by the federal government which asserted that this was a provincial or territorial responsibility.

Indigenous Peoples' rights

The authorities failed to ensure respect for Indigenous rights when issuing licences for mining, logging and petroleum and other resource extraction. The government continued to make baseless claims that the UN Declaration on the Rights of Indigenous Peoples does not apply in Canada. In September, a hearing opened before the Canadian Human Rights Tribunal into underfunding of First Nation child and family services, compared with other communities.

  • Massive oil and gas developments continued to be carried out without the consent of the Lubicon Cree in northern Alberta, undermining their use of traditional lands and contributing to high levels of poor health and poverty.

Women's rights

The high level of violence experienced by Indigenous women and girls persisted. The Native Women's Association of Canada continued to call for a comprehensive national action plan to address the violence and the underlying discrimination that contributes to it. Despite a stated commitment to stopping the violence, the Canadian government took no steps towards establishing such a plan.

In March, the Federal Court dismissed a challenge to the practice of transferring battlefield detainees in Afghanistan into Afghan custody where they were at serious risk of torture. This decision was upheld by the Federal Court of Appeal in December.

Counter-terror and security

Individuals subject to immigration security certificates continued to be denied access to much of the evidence against them. The Federal Court overturned certificates against two men in October and December.

In May, the Supreme Court of Canada refused to hear an appeal concerning the Canadian military's policy of handing battlefield detainees in Afghanistan over to Afghan authorities. In November, testimony by a Canadian diplomat before a Parliamentary Committee gave rise to serious concerns about failures by senior officials to take account of the risk of torture faced by transferred prisoners.

  • In August, the Federal Court of Appeal upheld an earlier court ruling that the Canadian government must seek the repatriation of Omar Khadr, a Canadian citizen who was apprehended by US forces in Afghanistan when he was 15 years old and had been detained at Guantánamo Bay since 2002. An appeal was lodged with the Supreme Court of Canada against the ruling.

Refugees and asylum-seekers

In February, the Supreme Court of Canada refused to hear an appeal regarding the Safe Third Country refugee agreement between Canada and the USA which denies asylum-seekers who pass through the USA access to the Canadian refugee determination system.

Police and security forces

At least one person died after being stunned by police Tasers during the year, bringing the number of such deaths since 2003 to at least 26.