Summary of Recommendations

No Security without human rights

The government should provide a detailed response to the report from the public inquiry into the case of Maher Arar, including a timetable for implementation of the report’s recommendations.

The government should institute, with no further delay, an independent and credible review of the cases of Abdullah Almalki, Ahmad El-Maati and Muayyed Nureddin.

The government should ensure that the immigration security certificate process is reformed to meet international standards governing fair trials.

The government should stop handing battlefield detainees over to Afghan officials. Instead they should work with the government of Afghanistan to develop detention facilities that comply with international law and assist with long-term reform of Afghanistan’s justice and penal systems.

The government should launch a public investigation into allegations that foreign planes involved in activities that violate international human rights standards have made use of Canadian airports and airstrips; and should immediately put in place measures to guard against such a possibility.

The government should press the parliamentary committees that have reviewed the Anti-Terrorism Act to release their reports without further delay and should move to reform the Act to bring it into conformity with international human rights standards.

The government should collaborate with Indigenous peoples in developing impartial and expert mechanisms to resolve land and treaty disputes in an integrated and streamlined manner taking full account of all rights protected in national and international law.

All governments in Canada should enact policies consistent with international human rights standards, which require that unless the affected peoples give their consent, activities that could jeopardize the rights of Indigenous peoples will not be permitted on disputed land until title is fairly resolved.

The government must make it a high priority to negotiate a just settlement of the land rights dispute with the Lubicon Cree that ensures full protection of the rights of the Lubicon Cree under national and international law.

The government should act immediately to end the disparity in funding for Indigenous child and family services; and ensure that the best interests of Indigenous children are protected by effective preventative and early intervention programs.

The government should return to dialogue with Indigenous peoples organizations with the intent of promoting the UN Declaration on the Rights of Indigenous Peoples in Canada and abroad, including by working to ensure that Canadian law, policy and practice conforms to its provisions and spirit.

The government should restore funding to Status of Women Canada to the levels in the previous federal budget. They should also carry out a public review of the obstacles and challenges to women’s substantive equality in Canada to determine future funding to Status of Women and changes required in other areas of the government. There should be no restrictions placed on the work of women’s human rights defenders that impact their ability to take all steps necessary to advance, protect and promote women’s human rights in Canada.

The federal government should work with all levels of government in Canada as well as women’s equality seeking organizations to carry out a thorough study of the nature and scope of violence against women in Canada and develop a comprehensive plan of action to address the violence.

The government should establish an independent over-sight body for federally-sentenced women prisoners and a process for independent adjudication of decisions related to involuntary segregation.

The government should suspend the Canada/US safe third country agreement until such time as US asylum law and practice has been brought into line with international standards. At a minimum, operation of the agreement should be suspended while it is being challenged in court.

The government should immediately establish and adequately resource the Refugee Appeal Division of the Immigration and Refugee Board.

The government should amend the Immigration and Refugee Protection Act to include an absolute ban on deporting anyone to a country where they face a serious risk of being tortured.

The government should comply with all requests from United Nations’ and Organization of American States’ human rights bodies to halt or delay deportation, extradition or other removal proceedings.

The government should introduce a right to a hearing before an independent decision-maker for individuals alleged to be ineligible for permanent resident status on security grounds. It should establish an arms-length process for dealing with complaints against immigration officials.

The government should enact regulations setting reasonable time limits for carrying out security reviews of refugees who are seeking permanent resident status.

The government should develop legally-binding standards on corporate social responsibility obligations, including human rights responsibilities, of Canadian companies operating in Canada and abroad.
The government should ensure that the main text of all trade and investment agreements that are negotiated or adopted by Canada includes explicit reference to the full spectrum of international human rights norms.
The government should undertake human rights impact assessments of trade rules during negotiations and following the adoption of new trade agreements. Assessments should be public, independent and transparent and should pay particular attention to the plight of the most disadvantaged and vulnerable sectors society.

The government should make support for the UN Human Rights Council a top priority for Canada. Through concerted political leadership, it should encourage other governments to work to ensure the Council is a success.

The government should ratify the Optional Protocol to the UN Convention against Torture and other forms of Cruel, Inhuman or Degrading Treatment or Punishment; and the International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families.

The government should convene a meeting of federal, provincial and territorial ministers responsible for human rights to develop and institute a publicly accessible, intergovernmental process for overseeing domestic implementation of Canada’s international human rights obligations.

The government’s strong principled support for the International Criminal Court should continue and Canada should not enter into discussions with the US government about signing a “bilateral immunity agreement”.

The government should adopt a clear policy preferring criminal prosecution or lawful extradition over deportation in cases involving accusations of war crimes, crimes against humanity, torture, terrorism and other crimes subject to universal jurisdiction.

The government should amend the State Immunity Act to clarify that it does not apply to lawsuits seeking compensation for international criminal acts that are subject to universal jurisdiction.

Posted: 14 December 2006