ATIP OPCAT Request – Time’s Up!

The time is officially up for Justice Canada! Regrettably, the Canada OPCAT Project has yet to obtain a response from the Department of Justice concerning an OPCAT-related request under the Access to Information Act, known as a so-called ATIP request.   

On 5 June 2018 the Canada OPCAT Project made the ATIP request to obtain a copy of a Justice Canada legal analysis of Canada’s potential accession to the OPCAT. The document was referred to in Department of Justice correspondence also obtained through an ATIP request.

ATIP RequestSeveral weeks later on 28 June 2018 the Department of Justice responded to this initial ATIP request, stating the following:

“Pursuant to paragraph 9(1)(b) of the Access to Information Act, I hereby notify you that an additional 60 days are required to comply with your request because consultations that cannot be reasonably completed within the original time limit are necessary. It may be possible, however, to reply sooner should we complete the processing of your request prior to that time.”   

As this request for information relates to Canada’s publicly stated intention to ratify a key UN human rights instrument (hardly a sensitive issue), this failure to respond within the stipulated time-frame comes as even more surprising.

Nonetheless, with the annual holiday season soon coming to an end, it is very much hoped that a response will be elicited from Justice Canada and that its OPCAT legal analysis will be made available to the project.

Although the Canada OPCAT Project has yet to see a copy of the legal analysis, it is reported to highlight, among other issues, concerns about gaps in the coverage of places of detention by existing independent monitoring bodies. Police and immigration detention facilities are said to be particularly problematic in this respect. Until the report is made available, however, this information cannot be confirmed.