Amnesty International, Amnesty International Report 1997 - Canada, 1 January 1997, available at: https://www.refworld.org/docid/3ae6a9ff30.html [accessed 31 May 2023]
Disclaimer
This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.
A Tamil refugee remained detained under legislation falling short of international standards. Two men faced extradition to the USA on charges which could carry the death penalty. A police officer was charged in connection with the possible extrajudicial execution of a Chippewa Indian protester in 1995, but there was no progress on the investigation into a death in custody in 1995. Manickavasagam Suresh, a Tamil refugee from Sri Lanka, detained in October 1995 on the grounds that he "has or will engage in terrorism", remained held under section 40(1) of the Immigration Act, the provisions of which fall short of international standards for fair trial. Under this legislation detainees are not provided with full information on the reasons for their detention and are therefore deprived of an effective opportunity to defend themselves. There was also concern that Manickavasagam Suresh could be returned to Sri Lanka, where he might face human rights violations. In July, the Minister of Justice and Attorney General agreed to the extradition of two Canadian citizens, Atif Ahmad Rafay and Glen Sebastian Burns, to Washington State, USA, to face charges of capital murder. The Minister failed to seek assurances from the US authorities that the death penalty would not be imposed, despite an agreement between the two countries allowing him to do so. At the end of the year the two men were awaiting the outcome of appeals against the Minister's decision. In 1994, the UN Human Rights Committee found that Canada had violated its obligations under the International Covenant on Civil and Political Rights when it extradited Charles Ng to California, USA, where he faced a capital murder charge, without first obtaining assurances that he would not be sentenced to death (see Amnesty International Report 1995). In October, the Minister of Justice agreed to allow the extradition of Rodolfo Pacificador to the Philippines to face murder charges. The Minister obtained assurances from the authorities in the Philippines that Rodolfo Pacificador would not face the death penalty if convicted. In July, an Ontario Provincial Police officer was charged with "criminal negligence causing death" in connection with the shooting of Dudley George in circumstances suggesting he may have been extrajudicially executed. The trial was scheduled to take place in April 1997. Dudley George, a member of the Chippewa Indian tribe, was shot dead in September 1995 during disturbances that followed the occupation of Ipperwash Park, Ontario, by protesters claiming the land as Indian. Police opened fire on a bus that had been driven at police officers who were allegedly beating one of the protestors. The 15-year-old driver of the bus was wounded and Dudley George, who, according to witnesses, was standing some distance from the vehicle, was killed. Earlier in the day Dudley George, who had made statements critical of the police, had been threatened by police officers. Michael Akhimen, an asylum-seeker from Nigeria held in detention in the Celebrity Inn Immigration Holding Center in Toronto, died of diabetic ketoacidosis after receiving inadequate medical attention in December 1995. A coroner's inquiry made recommendations to prevent future unnecessary deaths of asylum-seekers in similar circumstances. The recommendations are currently being considered by the Department of Citizenship and Immigration. In May, the Court Martial Appeal Court overturned a severe reprimand given to an officer of the Canadian Airborne Regiment, members of whose unit were involved in the torture and death of a Somali youth during the 1992 to 1993 mission to Somalia (see Amnesty International Report 1995). The officer, the highest-ranking officer to be sentenced in the affair, had his sentence increased to three months' imprisonment and was dismissed from the military. Another soldier, sentenced to 90 days' imprisonment and demotion for negligence, subsequently had his sentence increased to one year on appeal. The Regiment has since been disbanded for its part in the torture and deaths of Somali citizens. In October, the Chief of Defence Staff resigned amid allegations that documents pertaining to the incident were altered by military officials. A Commission of Inquiry began an investigation into these allegations as well as alleged abuses by the regiment during its mission to Somalia, including an incident where soldiers fatally shot a Somali man at close range in March 1993. The inquiry continued at the end of the year. In June, Amnesty International wrote to the Minister of Justice, the Attorney General and the Premier of Ontario seeking further information about the investigation into the shooting of Dudley George. No detailed reply was received. Amnesty International also expressed concern about the continued detention without trial of Manickavasagam Suresh.
