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Absolute Prohibition against Torture
The prohibition against torture is a fundamental norm of international law, and as such is absolute. Not only are states expressly forbidden to commit torture, under any circumstances, they are also forbidden to return (or “refouler”) an individual to a country where there are substantial grounds for believing that he or she would be in danger of being subjected to torture (Article 3 of the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment). The Canadian government has signed the Convention Against Torture (CAT), but has not fully incorporated this prohibition against return to torture into its domestic legislation, the Immigration and Refugee Protection Act.

No Recourse to a Fair Appeal
Lives are at stake in the decisions rendered in refugee claims. A meaningful appeals process for rejected refugee claimants is a vital safeguard against returning someone to a situation where they may face grave human rights abuses, even death. The absence of an appeal on the merits has been recognized as a fundamental flaw in the Canadian refugee determination system by both the Inter-American Commission on Human Rights and the UN High Commissioner for Refugees.