About torture law in Canada

1. Is Canada a Torture Free Zone? For more information open this pamphlet: http://www.ritualabusetorture.org/cdntorturefree.pdf Jeanne Sarson & Linda MacDonald © 2010

2. THE GLOBAL PERSPECTIVE Torture & Human Rights Jeanne Sarson & Linda MacDonald © 2010

3. NAMING TORTURE State torture Refers to torture by government/state officials or representatives: i.e., police, military or prison guard personnel. Refers to torture that happens in the public sphere such as in prisons, military bases, jail or embassies for example. Non-state torture Refers to torture by parents, spouses, other kin, guardians, neighbours, trusted adults, or strangers, for example. Refers to torture that happens in the private or domestic sphere, i.e., in homes, cabins, apartments, secluded woods, on boats, farms or in private. Jeanne Sarson & Linda MacDonald © 2010

4. State torture In Canada Is recognized as a specific and distinct crime in the Criminal Code of Canada Is illegal under section 269.1 of the Criminal Code, Part VIII.2 Offences Against the Person and Reputation Law only applies to state officials/representatives whether inside or outside of Canada Source: http://everything2.com/title/Criminal+Code+of+Canada+-+Part+VIII.2+Offences+Against+the+Person+and+Reputation+continued Jeanne Sarson & Linda MacDonald © 2010

6. Minimized

7. Misnamed

8. Invisibilized

9. DiscriminatoryWhy? Because the government’s position is: “Canada recognized torture a State-actor offence and prohibited it categorically. What was sometimes referred to as torture by non-State actors was covered by the criminal law as simple, aggravated or sexual assault, forcible confinement, kidnapping or trafficking in persons.” (Reference: Ms. Morency, CEDAW. (2009). CEDAW/C/SR.854 (A), p. 7, para. 46.)http://www.iwraw-ap.org/resources/pdf/42_official_documents/canadaSR854.pdf) Jeanne Sarson & Linda MacDonald © 2010

10. What criminally happens to torturers In Canada: State torturers can be criminally charged for acts of torture whether inflicted in Canada or elsewhere. Non-State torturers have impunity for their acts of torture, instead are charged using “existing provisions”, i.e., charged with simple assault, aggravated or sexual assault, forcible confinement, kidnapping or trafficking in persons. Jeanne Sarson & Linda MacDonald © 2010

11. Political Activism Email this message: to all below: 1. Prime Minister of Canada:http://pm.gc.ca/eng/contact.asp?featureId=102. Minister of Justice:webadmin@justice.gc.ca3. Your Member of Parliament: ____ “Make Canada a torture free zone - add torture by non-state actors as a specific and distinct crime in the Criminal Code of Canada” Jeanne Sarson & Linda MacDonald © 2010

12. Add your voice QUESTIONNAIRE: WHAT ARE YOUR THOUGHTS? http://www.ritualabusetorture.org/Questionnaire_website.pdf Purpose: To develop a record of civil society’s opinion of what constitutes torture Jeanne Sarson & Linda MacDonald © 2010

13. Some readings Article re sexualized non-state actor torture and guns entitled, Canada: Torturers, Guns and Bullets: http://www.iansa-women.org/sites/default/files/newsviews/en-iansa-wn-bulletin22-web.pdf Article of women's stories connected to spillover warring/military non-state actor torture, civil society responses to the previous linked questionnaire and the discriminatory existence of a patriarchal divide that has valued identifying & criminalizing state torture while invisibilizing non-state actor torture - Peace Studies Journal: http://www.peacestudiesjournal.org/archive/winter09/mcdonald.pdf Article re spousal non-state actor torture - Defining Torture by Non-State Actors in the Canadian Private Sphere,pp. 29-33 : http://www.ccvt.org/pdfs/firstlighwinter2009.pdf Jeanne Sarson & Linda MacDonald © 2010