New OPCAT Discussion Paper! Instituting A National Preventive Mechanism In Canada

The Canada OPCAT Project today launches a major discussion paper on how the OPCAT might be implemented in Canada. Titled ‘Instituting A National Preventive Mechanism In Canada – Lessons Based on Global OPCAT Implementation’ the paper argues that a brand new institution should be established as the country’s future NPM under the instrument.

To date, the very limited publicly available information strongly suggests that Canada is considering designating an array of existing detention oversight bodies as part of a multi-body NPM.

However, as the on-going government-sponsored OPCAT consultation process in Canada has been almost entirely closed to civil society and Indigenous groups, it remains impossible at the present time to say whether this is the case for certain.    

Nonetheless, the published discussion paper strongly argues against such a potential multi-mechanism approach to OPCAT implementation in the country and contends that the optimal NPM solution would be to establish an entirely new structure.

Discussion paper
Prison by Kim Daram (2005)

The establishment of a specialized NPM would have to overcome some very tangible political and legal obstacles if it were to become a reality. Crucially, the Canadian Government and its provincial and territorial counterparts would have to develop an appetite to finance such a body.

Even so, the alternative approach of designating a combination of existing bodies at the federal, provincial and territorial levels would be arguably much more complicated politically, legally and organizationally and possibly even more expensive.

The research inevitably focuses in-depth on the existing human rights architecture in Canada as part of this wider discussion. In so doing, the discussion paper offers an analysis of the different mechanisms which could potentially play a role vis-à-vis the OPCAT, most commonly a combination of federal, provincial and territorial human rights commissions and ombudspersons offices.

The paper concludes, however, that without significant modifications to their legal statutes, mandates and operational foci, organizational structures, budgets and composition these mechanisms would be poorly placed to assume an OPCAT mandate.

In order that this discussion paper is not a mere exercise in mapping out different NPM scenarios in the Canadian context, the research also draws heavily on existing global OPCAT practice at the national level. This central focus of the research has been undertaken with a view to highlighting the potential shortcomings which frequently beset NPMs as well as to underscoring good NPM-related practice.

By drawing on this domestic analysis as well as an examination of OPCAT global practice, the key question is thereby explored of how the OPCAT might be effectively implemented in Canada in accordance with key international guidance and advice.

Even if readers disagree with the ultimate thrust of the document, its publication is primarily intended to stimulate a lively discussion in Canada on how the OPCAT might be implemented in practice. Surprisingly, to date, there has been relatively little academic research undertaken into this key question in the country. This discussion paper therefore seeks to plug this gap and explore how Canada might implement the instrument domestically.

Discussion paper Aberystwyth University

This research was originally undertaken by the Canada OPCAT Project’s Matthew Pringle in the course of 2018 as part of an LL.M. dissertation in International Human Rights and Humanitarian Law. It was presented to the Department of Law & Criminology at Aberystwyth University in Wales in late September 2018. The research was very well received by Aberystwyth University and in December 2018 it was formally awarded a mark of 95% as well as the Aberystwyth University Graduate School Prizes for the highest scoring dissertation and masters across the university.

However, please do not take Aberystwyth University’s word for it! Why not download the paper and make your own mind up whether a new NPM institution is the optimal solution for Canada’s challenge of implementing the OPCAT?


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