International Treaties Currently under Consideration by Canada for Possible Adherence

The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)

The Government of Canada is currently reviewing the OPCAT for possible adherence.

The objective of the OPCAT is to establish a system of regular visits undertaken by independent international and domestic bodies, to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment (Article 1 of the OPCAT). Places of detention include penitentiaries, prisons, police stations, youth detention facilities, psychiatric hospitals and immigration detention centres (Article 4).

Visits by the United Nations Subcommittee on Prevention would be carried out approximately every 4-5 years (Articles 5-16). Visits would also be carried out approximately every 1-4 years, depending on the site and other factors, by one or several independent National Preventive Mechanisms (NPMs), which each State party must maintain, designate or establish (Articles 17-23). The Protocol does not specify any particular form that the NPM(s) must take; therefore, States parties have some flexibility in this regard, and the NPM(s) could be entities such as human rights commissions, ombudspersons, offices of police complaints commissioners or correctional investigators, as appropriate.

The tasks of the NPMs would include:

• Regularly examine the treatment of persons deprived of their liberty through visits, interviews with detainees and access to relevant information (Articles 19-20);
• Make recommendations to be considered by the relevant authorities with respect to the treatment and conditions of persons deprived of their liberty (Articles 19, 22);
• Submit proposals and observations concerning existing or draft legislation (Article 19); and
• Prepare an annual report to be made public (Article 23).

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