VZCZCXRO1554
RR RUEHAT RUEHGA RUEHHA RUEHMT RUEHQU RUEHSK RUEHSL RUEHVC
DE RUEHOT #0817/01 3001817
ZNR UUUUU ZZH
R 271817Z OCT 09
FM AMEMBASSY OTTAWA
TO RUEHC/SECSTATE WASHDC 0011
INFO ALL CANADIAN POSTS COLLECTIVE
HUMAN RIGHTS COUNCIL COLLECTIVE

UNCLAS SECTION 01 OF 02 OTTAWA 000817 
 
SENSITIVE 
SIPDIS 
STATE FOR DRL/AWH 
 
E.O. 12958: N/A 
TAGS: PHUM PREL PGOV CA
SUBJECT: Canada: A defensive response to UN report on minority issues 
 
REF: OTTAWA 778; OTTAWA 747; OTTAWA 696; OTTAWA 794 
 
¶1.  (SBU) Summary: A United Nations Independent Expert on minority 
issues has highlighted Canada's Muslim communities' fears of 
"unsubstantiated use" of security certificates, racial profiling, 
and harassment as well as "uneven and unclear" human rights 
protections for all minorities in Canada.  The government has not 
officially responded to the October 23 report, but Department of 
Foreign Affairs and International Trade (DFAIT) contacts have 
informally expressed concern at the "relatively strong" language in 
the report, while also noting positive statements about Canada's 
"open and accepting society."  Political commentators and press 
coverage have focused on the "ridiculous" selection of Canada for 
such a report and the flawed record of the UN on human rights 
issues.  The UN expert's visit was the first mission to Canada by a 
UN human rights expert monitoring minority issues.  End summary. 
 
 
 
¶2.  (U)  Gay McDougall, a UN Independent Expert on minority issues, 
visited Canada October 13 - 23, traveling to Ottawa, Toronto, 
Montreal, and Vancouver.  She met with federal and provincial 
government officials as well as members of numerous minority groups 
in Ontario, British Colombia, and Quebec as part of her mandate to 
promote implementation of the UN Declaration on the Rights of 
Persons Belonging to National or Ethnic, Religious, and Linguistic 
minorities.  McDougall issued her preliminary report at the close 
of her visit on October 23 and will present her full findings and 
recommendations to the UN Human Rights Council in March 2010. 
 
 
 
Substantial fear of government authority and policing 
 
 
 
¶3.  (U)  McDougall reported that Muslim and Arab communities in 
Canada consistently expressed "deep anxiety and fear" of "unfair 
and unjust" treatment by federal and provincial authorities with 
specific concerns about the use of security certificates (ref b) 
against them should they speak publicly about their concerns. 
According to the report, Muslim groups perceive they have "second 
class citizenship" as compared to non-Muslim Canadians, 
particularly with regard to consular services when abroad. 
McDougall called on the government  to alleviate Muslim 
apprehension of "national security legislation." 
 
 
 
¶4.  (U)   Numerous minority groups raised policing, particularly in 
areas of Montreal, Vancouver, and Toronto, claiming racial 
profiling of "visible minorities" and a perception that "police act 
with impunity. "  McDougall concluded these concerns have led to an 
atmosphere of distrust and lack of communication, commenting that 
"it is essential that investigations into serious allegations of 
police misconduct are carried out" and that "mechanisms of civilian 
oversight are established."  Meetings in Montreal in particular 
heard strong statements by community members against police 
tactics.   Following the discovery by a local journalist that a 
civilian police employee had "infiltrated" one of these meetings 
under an assumed name, minority advocacy groups increased their 
public complaints about police tactics. 
 
 
 
Criticisms of human rights commissions 
 
 
 
¶5.  (U)  McDougall's report emphasized the "unavoidable" 
responsibility of the federal government to ensure that Canada 
meets its human rights obligations, even in a federal system with 
strong provincial authority.  She concluded that the current 
practice of separate federal and provincial human rights 
commissions and tribunals has created an "uneven and unclear 
enforcement system," with little consistency among provinces.  Even 
with greater federal oversight of human rights complaints, 
McDougall commented that the provincial bodies are 
"under-resourced, under threat, and have been abolished in some 
provinces," leading to a loss of faith by minority groups in their 
effectiveness.  She recommended that the federal government 
"establish mechanisms" to "guarantee consistent enforcement ... in 
the area of non-discrimination and equality ... of persons 
 
OTTAWA 00000817  002 OF 002 
 
 
belonging to minority groups." 
 
 
 
Defensive reactions 
 
 
 
¶6.  (U)  Press coverage of the visit focused heavily on the UN's 
selection of Canada for a report on minority issues, noting that -- 
of the seven previous investigative reports by McDougall -- four 
were on countries generally recognized to be fully functioning 
democracies, while internationally recognized human rights abusers 
such as China, Cuba, Libya, and Saudi Arabia had so far escaped 
the spotlight.  Local coverage of the community meetings was 
generally brief and factual, but opinion pieces in major newspapers 
and online blogs generally veered from a discussion of the 
situation in Canada to commentary on the actions of the UN Human 
Rights Council and the UN's "abysmal" track record on human rights. 
 
 
 
¶7.  (SBU) DFAIT interlocutors told poloff that they were unprepared 
to give official comments on the report, stating that they had not 
had "sufficient time" to review the four-page report in detail. 
However, in informal conversations, contacts in the Human Rights 
Policy Division expressed concern at the overall tone of the report 
and insufficient attention to the leadership role that DFAIT 
believes Canada should hold as an "open, peaceful, and secure" 
multicultural society.   DFAIT contacts added that they were 
nonetheless "not surprised" at the issues raised by the Muslim 
communities on security certificates, policing, and perceived 
second-class citizenship.  Contacts at the Canadian Human Rights 
Commission separately stated that they had no formal response at 
this time, but agreed that many provincial human rights commissions 
were under-funded. 
 
 
 
¶8.  (SBU) Comment: McDougall's visit follows a summer of heightened 
press attention to constitutional weaknesses in the government's 
national security legislation (refs A and B) and discrimination 
complaints of Muslim Canadians with regard to consular services 
abroad.  This has put the government on the defensive with regard 
to Muslim communities and anti-terrorism efforts.  However, 
attention to the visit will likely be short-lived in the public 
eye.  Criticisms of the human rights commissions add yet another 
blow to the struggling quasi-judicial bodies (ref C) but are 
unlikely to change Canada's system of protecting human rights.  End 
comment. 
 
 
 
¶9.  (U)  ConGens Montreal, Vancouver, and Toronto contributed to 
this message. 
JACOBSON