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  1. Immigration and Refugee Protection Act - S.C. 2001, c. 27 (Section 2)
    Marginal note:Definitions

    • 2 (1) The definitions in this subsection apply in this Act.

      Convention Against Torture

      Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. Article 1 of the Convention Against Torture is set out in the schedule. (Convention contre la torture)

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  2. Immigration and Refugee Protection Act - S.C. 2001, c. 27 (Section 102)
    Marginal note:Regulations

    • 102 (1) The regulations may govern matters relating to the application of sections 100 and 101, may, for the purposes of this Act, define the terms used in those sections and, for the purpose of sharing responsibility with governments of foreign states for the consideration of refugee claims, may include provisions

      • (a) designating countries that comply with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture;

    • (2) The following factors are to be considered in designating a country under paragraph (1)(a):

      • (a) whether the country is a party to the Refugee Convention and to the Convention Against Torture;

      • (b) its policies and practices with respect to claims under the Refugee Convention and with respect to obligations under the Convention Against Torture;


  3. Immigration and Refugee Protection Act - S.C. 2001, c. 27 (SCHEDULE)

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    Article 1 of the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment

    • 1 For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.


  4. Immigration and Refugee Protection Act - S.C. 2001, c. 27 (Section 108)
    Marginal note:Rejection

    • [...]

    • Marginal note:Exception

      (4) Paragraph (1)(e) does not apply to a person who establishes that there are compelling reasons arising out of previous persecution, torture, treatment or punishment for refusing to avail themselves of the protection of the country which they left, or outside of which they remained, due to such previous persecution, torture, treatment or punishment.


  5. Immigration and Refugee Protection Act - S.C. 2001, c. 27 (Section 97)
    Marginal note:Person in need of protection

    • 97 (1) A person in need of protection is a person in Canada whose removal to their country or countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, would subject them personally

      • (a) to a danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture; or


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