CCLA is concerned by news reports that Fatemeh Derakhshandeh Tosarvandan, 41, and her 16-year old son Hessam, may be deported to Iran even though Ms. Tosarvandan may face death by stoning. CCLA argues that such a deportation would offend Canadian and international law.
International law is clear. Canada has ratified the UN Convention Against Torture, which in Article 3 prohibits Canada from sending a person to a country where there are “”substantial grounds for believing that he would be in danger of being subjected to torture.” This is known as the principle of non-refoulement. The absolute prohibition against torture is a peremptory norm of international, and applies jus cogens binding all States.
CCLA further notes that section 7 of Canada’s Charter of Rights and Freedoms would prevent deportation to the risk of torture, which would contravene the principles of fundamental justice, and cannot be justified in a free and democratic society.
