Norma relacionada
Canada
Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Section B. Definitions
Canada’s LOAC Manual (1999) provides:
Torture is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as:
a. obtaining from that person or a third person information or confession;
b. punishing that person or a third person for an act he or a third person has committed or is suspected of having committed;
c. intimidating or coercing that person or a third person; or
d. 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. 
Canada, The Law of Armed Conflict at the Operational and Tactical Level, Office of the Judge Advocate General, 1999, Glossary, p. 18.
Canada’s LOAC Manual (2001) states with regard to the 1984 UN Convention against Torture:
This Convention prohibits torture. “Torture” is any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as:
a. obtaining from that person or a third person information or a confession;
b. punishing that person or a third person for an act he or a third person has committed or is suspected of having been committed;
c. intimidating or coercing that person or a third person; or
d. 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. 
Canada, The Law of Armed Conflict at the Operational and Tactical Levels, Office of the Judge Advocate General, 13 August 2001, § 114.1; see also Glossary, p. GL-18.
In the Suresh case before the Supreme Court of Canada in 2002, the appellant challenged an order for his deportation, inter alia, on the grounds that the Canadian Charter of Rights and Freedoms precludes deportation to a country where a refugee faces torture. The judgment of the Supreme Court held:
43. Section 53 of the Immigration Act permits deportation “to a country where the person’s life or freedom would be threatened”. The question is whether such deportation violates s. 7 of the Charter [the Canadian Charter of Rights and Freedoms]. Torture is defined in Article 1 of the CAT [Convention against Torture] as including the unlawful use of psychological or physical techniques to intentionally inflict severe pain and suffering on another, when such pain or suffering is inflicted by or with the consent of public officials. A similar definition of torture may be found in s. 269.1 of the Criminal Code, R.S.C. 1985, c. C-46.
51. When Canada adopted the Charter in 1982, it affirmed the opposition of the Canadian people to government-sanctioned torture by proscribing cruel and unusual treatment or punishment in s. 12. A punishment is cruel and unusual if it “is so excessive as to outrage standards of decency”: see R. v. Smith, [1987] 1 S.C.R. 1045, at pp. 1072–73, per Lamer J. (as he then was). It must be so inherently repugnant that it could never be an appropriate punishment, however egregious the offence. Torture falls into this category. The prospect of torture induces fear and its consequences may be devastating, irreversible, indeed, fatal. Torture may be meted out indiscriminately or arbitrarily for no particular offence. Torture has as its end the denial of a person’s humanity; this end is outside the legitimate domain of a criminal justice system … Torture is an instrument of terror and not of justice. As Lamer J. stated in Smith, supra, at pp. 1073–74, “some punishments or treatments will always be grossly disproportionate and will always outrage our standards of decency: for example, the infliction of corporal punishment”. As such, torture is seen in Canada as fundamentally unjust. 
Canada, Supreme Court, Suresh case, Judgment, 11 January 2002, §§ 43 and 51.
In 2013, in the Sapkota case, Canada’s Federal Court dismissed a request for review of a decision denying refugee protection to the applicant on grounds of complicity in crimes against humanity in Nepal between 1991 and 2009. While reviewing the submissions of the respondent, Canada’s Minister of Citizenship and Immigration, the Court stated: “The Respondent notes that the Rome Statute of the International Criminal Court … is endorsed in Canada as a source of customary law.” 
Canada, Federal Court, Sapkota case, Reasons for Judgment and Judgment, 15 July 2013, § 28.
In September 2006, in the “Report of the Events Relating to Maher Arar – Analysis and Recommendations”, which resulted from the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, it was stated:
Canada has adopted the definition of torture set out in article 1 of the Convention Against Torture. “Torture” is any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining information or a statement, punishing, or intimidating or coercing that person, or for any reason based on discrimination of any kind, but does not include any act or omission inherent in lawful sanctions. It is no defence that the act or omission was ordered by a superior or took place in exceptional circumstances such as a state of war, a threat to war, internal political instability or any other public emergency. Further, under section 269.1, any evidence obtained as a result of the commission of an offence is inadmissible in “any proceedings over which Parliament has jurisdiction.” 
Canada, Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, Report of the Events Relating to Maher Arar – Analysis and Recommendations, 18 September 2006, p. 53.
In 2012, in its written replies to the issues raised by the Committee against Torture with regard to Canada’s sixth periodic report, Canada stated:
The CAHWCA [Crimes Against Humanity and War Crimes Act] criminalizes torture as an underlying offence for crimes against humanity and war crimes committed either inside or outside Canada, as provided in sections 4(3) and 6(3) of the CAHWCA. The CAHWCA also criminalizes cruel, inhumane or degrading treatment, as such conduct may constitute a crime against humanity (which includes “other inhumane acts”) or a war crime (which includes inhuman treatment or wilfully causing great suffering, or serious injury to body or health, violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; committing outrages upon personal dignity, in particular humiliating and degrading treatment are war crimes). 
Canada, Written replies by the Government of Canada to the Committee against Torture concerning the list of issues to be taken up in connection with the sixth periodic report of Canada, 2012, § 176.