A key human rights instrument in the Organization of American States (OAS) system is the American Convention on Human Rights convention or ACHR.
Before Canada can ratify a human rights convention, we must ensure that we are in a position to live up to the commitments we would undertake by ratifying it. Since 1991, consultations have been conducted with federal, provincial and territorial officials to assess compliance of federal and provincial legislation with the convention. The review process has been complicated by the vague, imprecise and outdated language used in the convention. Many provisions in the Convention are ambiguous or contain concepts which are unknown or problematic in Canadian law. More importantly, many provisions of the Convention are inconsistent with other international human rights norms, making it difficult for us to comply with both the ACHR and those norms.
By way of example, the ACHR would preclude prior censorship, and therefore would conflict with Canada's international obligations to suppress hate propaganda and child pornography. The ACHR would preclude the extradition of nationals, and therefore would conflict with Canada's extradition obligations and our obligations to co-operate with international criminal tribunals or the future international criminal court. Serious concerns have been raised that the unusual wording of the ACHR provision on the right to life may create a conflict with charter rights. The ACHR contains a right of reply to innacurate or offensive statements in the media, which is not known in our law and may conflict with charter rights. The ACHR guarantees equality before the law but does not contemplate affirmative action.
In order to ratify the ACHR at present, a very large number of reservations and statements of understanding, SOUs, would be required. However, Canada's position with respect to reservations to human rights treaties is that reservations should be few in number and limited in scope. We are concerned that ratifying the ACHR with a large number of reservations and SOUs would be contrary to this position and would undermine our efforts to dissuade other states from ratifying human rights treaties subject to sweeping reservations.
Until such time as the concerns with respect to reservations and SOUs expressed by both levels of government have been satisfactorily dealt with, Canada will not be in position to ratify the ACHR.
Canadians are already entitled to bring petitions to the Inter-American Commission on Human Rights alleging human rights violations. Therefore, even without ratification of the ACHR, Canadians already benefit fully from the inter-American human rights system.
Question No. 217—