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Summary: This report extracts mentions of children's rights issues in the reports of the UN Special Procedures. This does not include reports of child specific Special Procedures, such as the Special Rapporteur on the sale of children, child prostitution and child pornography, which are available as separate reports.
Please note that the language may have been edited in places for the purpose of clarity.
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- UN Special Rapporteur on the Right to Food
- UN Independent Expert on Minority Issues
- UN Special Rapporteur on Adequate Housing
- UN Working Group on Arbitrary Detention
- UN Special Rapporteur on Indigenous People
- UN Special Rapporteur on Contemporary Forms of Racism
- UN Special Rapporteur on the Adverse Effects of Toxic & Dangerous Products and Human Rights
- UN Special Rapporteur on Human Rights of Migrants
Special Rapporteur on the right to food, Olivier De Schutter
(A/HRC/22/50/Add.1)
Country visit: 6 to 16 May 2012
Report published: 24 December 2012
I. Introduction:
The Special Rapporteur also had the opportunity to meet with provincial and municipal authorities, including the [...] Children and Youth Services [...]. (para 2)
II. The situation of food insecurity:
A growing number of people across Canada remain unable to meet their basic food needs. In 2007/2008, 7.7 per cent of households reported experiencing moderate or severe food insecurity, approximately 1.92 million people, aged 12 or older, lived in food- insecure households and a staggering one in 10 families, with at least one child under the age of six, were food insecure. (para 6)
III. The legal and policy framework - A. The legal framework:
As a party to the [...] Convention on the Rights of the Child, Canada has a duty to respect, protect and fulfil the right to food. (para 10)
B. The policy framework:
A growing number of provinces are implementing or developing poverty reduction strategies, some of which have been enshrined in legislation [...] Provinces have taken steps to develop rural economies, encourage the production and consumption of local foods and adopt policies seeking to improve food security and promote healthy diets, including [...] Alberta’s Nutrition Guidelines for Children and Youth [...] (and) Ontario’s Student Nutrition Program. (para 13)
IV. Food availability: agricultural policies:
A thriving small-scale farming sector is essential to local food systems, which food policy councils and localities throughout Canada now seek to strengthen. Local food systems can deliver considerable health and ecological benefits by increasing access to fresh and nutritious foods to children in schools, [...] among others. Local food systems benefit local farmers, with strong multiplier effects on the local economy. (para 23)
V. Food accessibility: protecting access to food for the poorest - A. Social protection:
Poverty affects some 3 million Canadians. In 2010, 550,000 children lived in food- insecure households. In First Nations families, one in four children lives in poverty. [...] (para 30)
The Special Rapporteur regrets the absence of accountability provisions in the Canada Social Transfer to ensure the protection of the right to food and other human rights. Indeed, despite the existence of social assistance schemes throughout the provinces and territories, many people living in poverty are still unable to enjoy an adequate standard of living. Fifty-nine per cent of those living on social assistance are food insecure, demonstrating that social assistance benefits are insufficient. In Nova Scotia, the monthly deficit faced by households on social assistance in 2010 was Can$523 for a single man and Can$473 for a family of five (with three children under the age of 15). (para 34)
VI. Food adequacy:
Over 25 per cent of Canadian adults are obese as are 8.6 per cent of children between the ages of 6-17, according to a joint report by the Public Health Agency of Canada and the Canadian Institute for Health Information based on 2007-2009 data. (para 41)
Provinces have also been adopting initiatives in this area. Ontario’s Action Plan for Health Care includes a Child Obesity Strategy and is supported by outside partners such as the Nutrition Resource Centre and the Healthy Communities Fund. Since 2006, Ontario has benefited from the Northern Fruit and Vegetable Program that provides fruit and vegetable snacks twice a week to 18,000 northern children in 106 schools. In Manitoba, the Healthy Together Now programme supports 83 community projects that promote healthy eating, and the Healthy Schools initiatives improves the quality of food served in schools (School Nutrition Policy), supports breakfast and snack programmes (School Nourishment Programs), and links local farmers to schools to ensure adequate provision of fruits and vegetables to school children (Vegetable and Fruit Pilot Program). (para 44)
At the national level, the 2010 Pan-Canadian Healthy Living Strategy includes a Declaration on Prevention and Promotion and a Framework for Action to Promote Healthy Weights (Curbing Childhood Obesity). The objective of the framework is to coordinate across the federal, provincial and territorial governments to ensure that combating childhood obesity is a priority for the respective ministers of health; to create environments that support physical activity and healthy eating by children; to identify, at an early stage. the risk of overweight and obesity in children; and to increase the availability and accessibility of nutritious foods, among others. (para 45)
The Special Rapporteur commends the initiatives that have been adopted to date. They fall short, however, from what the urgency of the situation requires. Health professionals in Canada lament that no action is being taken to ban trans-fatty acids from diets, and that too little is done to discourage the consumption of foods high in saturated fats, sugar and/or sodium. Québec is the only province to have banned advertising directed towards children under 13 years of age, an initiative that may be largely symbolic until all provinces follow suit. This is not a minor issue in a broader right to food strategy: young children are particularly susceptible to advertising, and advertisers spend Can$2.9 billion annually to influence Can$20 billion worth of household purchases. The industry has taken some initiatives to pre-empt regulation (e.g., Advertising Standards Canada). But experts note that self-regulation attempts are “founded upon a fundamental conflict of interest,” as they seek to “advance the profitability of advertisers, while also protecting children’s health and well-being,” making it “unlikely that significant improvements could be implemented by industry itself or that they would be effective over the long term.” They conclude that a ban on advertising directed towards children is the most effective way of addressing the challenge.(para 46)
There also appears to be a misalignment between the policies adopted in the health sector and other sectoral policies that could help curb obesity, particularly child obesity. This could include land zoning: people living in low-income communities often depend on grocery stores that provide a limited range of fresh foods or only sell such foods at high prices, squeezing the poorest households to purchase processed foods high in saturated fats, sugars and sodium that are often more affordable. Fiscal tools are also available to implement the Federal, Provincial and Territorial Curbing Childhood Obesity Strategy, as recommended by public health specialists. The Weight Coalition of Québec estimates that a Can$0.01 tax per litre on sugary drinks could raise Can$8 million annually in Québec and Can$35 million nationwide. These sums could be reinvested in preventive health care and in supporting access to fresh and nutritious foods in underserved, low-income communities. (para 47)
IX. Conclusions and recommendations:
Formulate a comprehensive rights-based national food strategy clearly delineating the responsibilities of public officials at the federal, provincial/territorial, and municipal/local levels, identifying the measures to be adopted and the associated time frames, and ensuring that initiatives adopted at municipal and provincial levels, particularly for the rebuilding of local food systems, are adequately supported; as part of this strategy, create a nationally funded children and food strategy (including school-feeding food literacy and school garden programmes) to ensure that all children, at all times, have access to healthy and nutritious food; launch the process of adoption of a framework law on the right to food, for the regular updating of the Canadian food strategy. (para 69(a))
UN Independent Expert on Minority Issues
Ms. Gay McDougall
(A/HRC/13/23/Add.2 )
Country visit: 13 October – 23 October 2009
Report published: 8 March 2010
Government Policies: In March 2005, A Canada for All: Canada's Action Plan Against Racism was adopted. The Action Plan acknowledged that racism and discrimination exist and that a comprehensive strategy and programme of action is required. Six key priority areas seek: (a) to assist victims and groups vulnerable to racism and discrimination; (b) to develop forward-looking approaches to promote diversity and combat racism; (c) to strengthen the role of civil society; (d) to strengthen regional and international cooperation; (e) to educate children and youth on diversity and anti-racism; and (f) to counter hate and bias. (Paragraph 25)
Poverty: The African Canadian Legal Clinic notes that approximately 44 per cent of African Canadian children live in poverty.11 The Roots of Youth Violence study by the Government of Ontario highlights that the levels, concentration and circumstances surrounding child poverty contribute to youth violence, lack of accessible services, health issues and educational achievement. Black children are more likely to grow up in low income neighbourhoods and housing and are further stigmatized by their living conditions. Food insecurity is reportedly a growing problem for some African Canadians. High levels of poverty are a significant factor contributing to a higher incidence of poor health among affected groups. (Paragraph 31)
Ontario's Poverty Reduction Strategy (2008) includes policies focusing on reducing child poverty, supporting education initiatives, addressing the needs of low income households, and addressing poverty affecting new immigrant communities. There is no targeted focus on black, Asian and other minority groups or explicit recognition of the role that discrimination plays in poverty. The Quebec Government Action Plan to Combat Poverty and Social Exclusion published in 2004 includes, among other things, measures to support the socio-occupational integration of visible minority groups, and recognizes challenges and discrimination facing groups including the black English-speaking community. In British Columbia specific initiatives focus on addressing high levels of child poverty. (Paragraph 32)
Education: Dropout rates among students from certain minority groups are considerably higher than the average. The Toronto District School Board's 2006 Student Survey found that dropout rates of English-speaking black students with a Caribbean heritage were 40 per cent. Central and South American students experienced dropout rates of 37 per cent and the rate for students of East-African descent was 32 per cent. In some low-income localities with a high percentage of ethnic minorities, dropout rates were reported to be far higher. The poor educational outcomes of black boys are particularly worrying. (Paragraph 34)
Minority communities reported school curriculums that neglect their heritage, cultures and religions, or contributions to Canadian society. Teachers, principals and school councils continue to be predominantly white even in localities with high proportions of people of colour. A study of Toronto's teachers showed that roughly 23 per cent are visible minorities – yet 7 in 10 high-school students are minorities.12 Approaches to learning and the school environment do not respond to different learning cultures or the specific needs of children of colour. Wide disparities are reported among school boards and within school districts in how issues of race, exclusion and inequity are addressed. Minority representatives call for more inclusive learning environments and Afro-centred
programmes. (Paragraph 35)
Ontario's Ministry of Education notes that its Equity and Inclusive Education Strategy provides a framework to identify and remove discriminatory biases and systemic barriers to student achievement. With the Ontario Human Rights Commission the Ministry is working to provide joint training sessions for the education sector as part of the province's commitment to an equitable and inclusive education system. Ontario has set a target of an 85 per cent graduation rate by 2010–2011. Additional supports, including credit schemes for struggling students, seek to enable eligible students to overcome barriers to graduation. (Paragraph 36)
Minority representatives believe that the Safe Schools Act and "zero-tolerance programs", implemented in Ontario since 2001, impose a security and disciplinary regime that has targeted and negatively impacted on black students. They claim that the legislation, which allows police presence in some schools, promotes racial profiling of black, Hispanic and some Asian students. School principals have broad powers to suspend or expel students considered a threat to safety. Community representatives claimed that 80 per cent of students expelled under the legislation are from visible minority groups – most commonly black students. Expulsion greatly increases the likelihood of permanent dropout. Some commentators described Safe School policies as a "pipeline into the criminal justice system". (Paragraph 37)
The government of Ontario notes that a comprehensive review of the safe schools provisions of the Education Act was conducted and amendments passed (Bill 212 and associated regulations in 2007) to more effectively combine discipline with opportunities for students to continue their education. Disciplinary measures are to be applied, it states, within a framework that shifts the focus from solely punitive to both corrective and supportive interventions. The government of British Columbia notes that its "Make a Case against Racism" programme is an example of a positive programme which encourages students to take personal responsibility for preventing racism, while celebrating cultural diversity through music and art. (Paragraph 38)
The federal Multiculturalism Act aims to, among other things, "preserve and enhance the use of languages other than English and French", and some support has been provided to ethno-cultural communities via multiculturalism programmes. Teaching of mother-tongue languages is generally based upon community classes and the initiatives of individual school boards. The Toronto District School Board operates the International Languages Elementary Program in some Toronto schools. Students learn mother-tongue languages including Arabic and Cantonese as extra-curriculum activities in which parents contribute as teaching assistants. The government of Quebec offers members of minority communities courses in some 20 languages other than French and English. (Paragraph 73)
Black Canadians and some Asian Canadian communities are concerned that their children are having negative experiences in public schools. Data reveals that dropout rates are particularly high among boys from these communities. The current discourse and rhetoric of multicultural education appears to be failing these children. Community members described approaches to education that do not take into account their different cultures of learning, curriculum and textbooks that ignore their histories and contributions to Canadian society and a gross underrepresentation of minorities in the teaching and school administrative staff. (Paragraph 97)
It is vital to fully recognize the challenges facing minority children and to address these throughout the learning experience. Safe Schools legislation should be reviewed to ensure that its implementation is conducive to a positive learning environment and is not discriminatory. The independent expert draws the Government's attention to the recommendations regarding minorities and the right to education from the first session of the Forum on Minority Issues (see A/HRC/10/11/Add.1). (Paragraph 98)
UN Special Rapporteur on Adequate Housing
Miloon Kothari
(A/HRC/7/16/Add.4 )
Country visit: 9 October – 22 October 2007
Report published: 17 February 2009
Centres and Shelters: During his mission, the Special Rapporteur had the opportunity to visit a number of centers and shelters accommodating homeless people, women fleeing from violence, Aboriginal women, persons living with HIV-AIDS, children with disabilities, and those suffering from drug addictions that were fully or partially funded by State programmes. (Paragraph 23)
Impacts on Childcare: Statistics Canada reports that three million Canadian households - 24.9 per cent of the overall - are paying 30 per cent or more of their income on shelter. Spending 30 per cent or more of household income on shelter can potentially jeopardize the amount of money available for food, medicine, energy, transportation, childcare and other necessities, particularly for low income households. Income and shelter cost data from Canada's 2006 Census released in May and June of 2008 seem to confirm the testimonies that the Special Rapporteur received during his fact-finding mission. (Paragraph 40)
Discrimination: Many landlords operating in the private market continue to engage in discriminatory practices such as: screening-out tenants based on their social condition, source of income or because they receive social assistance; refusing to rent to single mothers, families with children; precluding young people and new immigrants from accessing accommodation because of their inability to provide landlord references, credit history, and substantial work history; refusing to accommodate persons with disabilities; and denying accommodation to 16 and 17 year olds living independently of parents. (Paragraph 51)
Discriminatory practices in housing should be addressed by ensuring that victims have access to legal representation and, where a quick settlement is not reached, prompt access to hearings and remedies. Systemic and widespread discrimination should be investigated by human rights commissions and legal and practical solution implemented. Specific funding should be directed to groups particularly vulnerable to discrimination including women, Aboriginal people, the elderly, people with mental or physical disabilities, youth and migrants, to ensure they can challenge housing discrimination effectively. (Paragraph 99)
Poverty Reduction Plans: Several Canadian provinces have announced a commitment to implement a comprehensive poverty reduction strategy, including specific plans to target homelessness and housing insecurity. Newfoundland and Labrador, and Quebec, both have plans in place; and Ontario has announced in December the outline of its poverty reduction plan restricted to children. (Paragraph 61)
The Federal Government has recognized the urgent need to provide for shelter for First Nations Women and their children on reserves fleeing from violence.62 In 2007, the federal government announced one-time funding of approximately $5 million per year for five years for 35 shelters. However, these efforts seem to fall far short of what is needed to address the magnitude of the problem. (Paragraph 82)
Effects of Homelessness: In some places across the country women attempting to leave abusive situations are either not given priority status for subsidized or government assisted housing or priority status is difficult to attain due to bureaucratic requirements that are hard to meet. With few housing options, women are given little choice but to return to abusive households, move from place to place ("couch surf") among family and friends, or take a chance at the streets - all while running the risk of apprehension of their children by child protection agencies. Once a woman loses her children, it is very difficult for her to get them back. Her welfare entitlement is reduced making adequate accommodation (essential to get her children back) inaccessible.44 The Ontario Human Rights Commission stated that it was "extremely troubled to hear that children in Ontario continue to be relinquished or apprehended by children's aid societies because of inadequate housing - concerns that were previously noted by the CESCR."45 Despite efforts in this field, shelters are inexistent in some parts of Canada and shelter operators report that they cannot cope with the demand. (Paragraph 64)
On reserve, housing concerns for Aboriginal women include gender discrimination as a consequence of the operation of the Indian Act, including the lack of matrimonial property protection. In all provinces and territories, legislation governing marital breakdown provides for equal sharing of assets between spouses; often, the main family asset being the house. Due to the constitutional division of powers, the Supreme Court of Canada has held that provincial legislation does not apply in cases where real property on reserve is affected by such breakdown. Some First Nations have adopted rules in regard to matrimonial property division. Yet, neither the Indian Act nor any federal legislation provides for a division of property on reserve upon marital breakdown. Such a legislative void results in dramatic results. In some cases, women - and their children - are forced to choose between staying in a bad and/or violent situation or leaving the matrimonial home. Often, the choice to leave results in the woman and her children being forced to leave their community and/or become homeless.59 While this has been discussed on many occasions,60 debates are still on-going and little progress has been made the Indian Act has not yet been amended. (Paragraph 79)
Lack of affordable housing is impacted by and can lead to the criminalization of Aboriginal women. In their attempts to find and secure affordable housing with limited incomes, Indigenous women are at risk of exploitation by some landlords and gangs. Additionally, without affordable housing Aboriginal women face the threat of having their children apprehended by the state into the child welfare system. (Paragraph 81)
The Special Rapporteur urges the federal authorities to adopt an official definition of homelessness and to gather reliable statistics in order to develop a coherent and concerted approach to this issue.65 This should be fully inclusive of women's, youth and children's experiences of and responses to homelessness. (Paragraph 100)
Sufficient income and housing assistance should be ensured to allow mothers to secure adequate housing and maintain custody of their children. (Paragraph 104)
______________________________________________________________________________
UN Working Group on Arbitrary Detention
(E/CN.4/2006/7/Add.2 )
Country visit: 1 June – 15 June 2005
Report published: 5 December 2005
Relevant Visits: The Working Group was able to visit the following detention centres and facilities: in the Territory of Nunavut, the Baffins Correctional Centre and the Isumaqsunngittukkuvik (Young Offenders Centre) in Iqaluit; in Ontario, the Toronto West Detention Centre, the Rexdale Immigration Holding Centre, the Maplehurst Correctional Complex, and the Vanier Centre for Women; in Alberta, the Pê Sâskâtêw Centre in Hobbema, and the Edmonton Institution for Women; in British Columbia, the Immigration Holding Facility at Vancouver International Airport, Vancouver Jail, and the North Fraser Pre-Trial Centre; in Québec, the Rivière-des-Prairies detention centre, and holding cells of the Service de police de la Ville de Montréal. The Working Group assisted to bail hearings before the Aboriginal Peoples' Court, the Drug Treatment Court and the Mental Health Court in Toronto's Old City Hall, as well as to a detention review hearing before the Immigration Division in Vancouver. (Paragraph 4)
Detention of Minors: On 1 April 2003 the Youth Criminal Justice Act (YCJA) was proclaimed into force, replacing the Young Offenders Act (YOA). The YCJA is intended to address the concerns raised by the YOA, particularly the exceedingly high youth incarceration rate. (Paragraph 31)
The YCJA applies to "young persons", defined as accused who, at the time of the offence, were aged between 12 and 18 years. If charged with committing a criminal offence, a young person will appear in youth court. Provincial court judges sit as youth court judges. With regard to the criminal procedure, generally the Criminal Code applies. Special provisions apply with regard to unrepresented young persons, and to increase the protection of the privacy interests of parties. (Paragraph 32)
The YCJA provides for a variety of measures that can be used by the police or the Crown attorney to deal with young persons without resorting to the formal youth justice system. Where a young person goes to trial and is found guilty, the court will have to decide whether to impose a youth sentence or an adult sentence. If the guilty finding concerns a so-called "presumptive offence" (murder, attempted murder, manslaughter and aggravated sexual assault), the burden lies on the young person to show why an adult offence should not be imposed, otherwise the Crown will have to show why an adult sentence should be imposed. Youth sentences are generally non-custodial. (Paragraph 33)
Reforms of the part of the Criminal Code relating to sentencing and of juvenile criminal law have led to a substantial decrease in the incarceration rate. This trend has not so far benefited Canada's Aboriginal population, which remains dramatically over-represented in the criminal justice system. Moreover, the Working Group notes that the rate of detention on remand has been constantly increasing in the course of the last decade. Remand detention disparately affects vulnerable social groups, such as the Aboriginal population and minorities, the poor, persons with mental health problems and drug users. These sectors of the population also often have difficulties accessing effective legal representation. (Paragraph 90)
Domestic Legislation: Until the mid-1990s, Canada was among the countries with the highest prison population rates in the Western group of countries. Since the Sentencing Reform Act enacted by Parliament in 1996, the federal (convict) prison population has been steadily declining. The incarceration rate currently is at 116 per 100,000 inhabitants. Only 7 per cent of the persons "in the corrections system" (i.e. serving a sentence) are actually in detention, while 47 per cent of the sentences imposed by courts in 2003-2004 involved terms of probation. The 2002 Youth Criminal Justice Act constitutes a very important step to address the over-incarceration of juvenile offenders, and the number of young persons in custody has declined as a result. These developments have been accompanied by a decrease in the crime rate. (Paragraph 50)
UN Special Rapporteur on Indigenous People
James Anaya
A/HRC/27/52/Add.2
Country visit: 7 to 15 October 2013
Report published: 4 July 2014
Education:
The Special Rapporteur notes that:
At every level of education, indigenous people overall continue to lag far behind the general population. Government representatives have attributed the gap in educational achievement in large measure to high levels of poverty, the historical context of residential schools, and systemic racism. (para 17)
Numerous First Nations leaders have alleged that federal funding for primary, secondary and post-secondary education is inadequate. The Auditor General has noted that although the Government “identified seven categories of factors having a significant impact on the cost of First Nations education … it did not make funding adjustments based on its findings”. (para 20)
The Special Rapporteur recommends that:
The Government should work with indigenous peoples to enhance education opportunities for them, and in particular should consult with indigenous peoples, through their representative institutions, to address any outstanding concerns they may have related to the proposed First Nations Education Act, including with respect to adequate funding. (para 87)
Health and well-being:
The Special Rapporteur expresses concern that:
With respect to other issues affecting the well-being of indigenous peoples in Canada, among the results of the residential school and “sixties scoop” eras and associated cultural dislocation has been a lack of intergenerational transmission of child-raising skills and high rates of substance abuse. Aboriginal children continue to be taken into the care of child services at a rate eight times higher than non-indigenous Canadians. Further, the Auditor General identified funding and service level disparities in child and family services for indigenous children compared to non-indigenous children, an issue highlighted by a formal complaint to the Canadian Human Rights Tribunal by the First Nations Child and Family Caring Society and the Assembly of First Nations. (para 31)
The Special Rapporteur recommends that:
The Government should ensure sufficient funding for services for indigenous peoples both on and off reserve, including in areas of education, health and child welfare, in the light of the rights and significant needs of indigenous peoples and the geographic remoteness of many indigenous communities; and insure that the quality of these services is at least equal to that provided to other Canadians. (para 84)
Missing and murdered aboriginal women and girls:
The Special Rapporteur found that:
Indigenous women and girls are also disproportionately victims of violent crime. The Native Women’s Association of Canada has documented over 660 cases of women and girls across Canada who have gone missing or been murdered in the last 20 years, many of which remain unresolved, although the exact number of unresolved cases remains to be determined. Since 1996, there have been at least 29 official inquiries and reports dealing with aspects of this issue, which have resulted in over 500 recommendations for action. (para 34)
The Special Rapporteur recommends that:
Bearing in mind the important steps already taken to inquire into the disturbing phenomenon of missing and murdered aboriginal women and girls and to develop measures to address this problem, the federal Government should undertake a comprehensive, nationwide inquiry into the issue of missing and murdered aboriginal women and girls, organized in consultation with indigenous peoples. (para 89)
Membership:
The Special Rapporteur notes that:
Those distinctions, compounded by two levels of status under the Indian Act, have the practical effect of imposing different classes of First Nation citizenship, within a convoluted regulatory matrix, regardless of the criteria or collective decisions of the First Nation. To simplify, under the Indian Act, 6(1) status is accorded to children with two status Indian parents (or to children with a status Indian father and a white mother who were married prior to 1985); individuals with 6(1) status pass on status to their children. Children with only one 6(1) status parent are accorded 6(2) status, which means they do not have the right to pass Indian status to their children unless their child’s other parent has either 6(1) or 6(2) status. (para 54)
The Special Rapporteur recommends that:
Concerted efforts should be taken to address outstanding concerns related to gender discrimination in determining eligibility for registration under the Indian Act, and to adopt where possible a more flexible approach that takes into account indigenous peoples’ own criteria for membership. (para 94)
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Previous report
Rodolfo Stavenhagen
(E/CN.4/2005/88/Add.3 )
Country visit: 24 May – 4 June 2004
Report published: 2 December 2004
Health Issues: The health status of Aboriginal people in Canada has been described by RCAP as both a tragedy and a crisis. Health Canada reports that the gap in life expectancy between Registered Indians and other Canadians is 6.4 years. Illness of almost every kind occurs more often among Aboriginal people than among other Canadians. For example, the rate of tuberculosis is 6 times higher, that of heart disease 1.5 times higher and that of diabetes 4 times higher than among other Canadians. The high rate of diabetes, which was mentioned to the Special Rapporteur in many communities, is related to rapidly changing lifestyles and food habits of Aboriginal people within a short generational span. New AIDS cases are significantly more frequent among Aboriginals, and a leading cause of death among Aboriginal children and youth is suicide, a severe social problem that requires long-term integrated policies at all levels. The suicide rate in Nunavut is 10 times higher than the national average. (Paragraph 40)
Child Welfare: Intrafamily abuse and violence are serious problems, but they are the tip of an iceberg that began to form when Aboriginal communities lost their independent self-determining powers and Aboriginal families lost authority and influence over their children. One promising approach has been the setting up of community healing lodges and healing centres to fill the acute need for residential treatment for people overwhelmed by social, emotional and spiritual distress. Child welfare is one of the services that Aboriginal people want most to control for themselves. There are numerous Aboriginal child welfare agencies, many of them funded by INAC across Canada serving status Indians. In Manitoba, Aboriginal children make up 21 per cent of Manitoba's population under age 15 but 78 per cent of the children in care of Child and Family Services. (Paragraph 41)
The specific needs of Aboriginal women have been neglected for too long. Matrimonial real property regulations continue to affect First Nation women on reserves unfairly, requiring legal reforms. Suicide rates, prostitution and child welfare issues are of particular concern among urban Aboriginals as well as on reserves. (Paragraph 90)
Education: Aboriginal peoples in Canada are still trying to overcome the heritage of a colonial educational system, which severely disrupted Aboriginal families, their cultures and identities. Children in particular were targeted time and again in official strategies to control and assimilate Aboriginal people. Residential schools, which for several generations Aboriginal children were compelled to attend away from their families, communities and traditional lands, did the greatest damage. They were forbidden to speak the only languages they knew and taught to reject their homes, their heritage and, by extension, themselves, thus contributing to the political, cultural and economic decline of many Aboriginal communities and people. (Paragraph 60)
Canada is engaged in addressing the wrongs suffered in the residential school system by several generations of Aboriginal families through the Indian Residential Schools Resolution programme. Over the years, over 12,000 legal claims have been filed against Canada by victims of physical deprivation and abuse in these schools, some of which are dealt with through alternative dispute resolution mechanisms. Canada has carried out a remarkable action to address this issue even if, overall, monetary compensation packages to victims do not really provide a meaningful response to language and culture loss endured by several generations of Aboriginal children. Numerous Aboriginal informants spoke to the Special Rapporteur about the transgenerational grief suffered because of the loss of culture, identity and meaningful parenting that has marked community life as a result of the residential school experience, and that may have been one of the factors leading to the high rate of suicide among Aboriginal adolescents. (Paragraph 61)
In Nunavut over half the adult population does not have a high school diploma and high school graduation rates are well below the national average. Unemployment is high and Inuit have not been integrated in the public civil service as rapidly as had been foreseen. Only 40 per cent of all school-age Aboriginal children were attending school full time. Ninty-six per cent of the more than 8,000 students in Nunavut are Inuit and Inuktitut language is taught in schools, yet no Inuktitut language school exists and there is no K-12 Inuktitut curriculum. As education is within the jurisdiction of the territorial government, and not a federal responsibility, Nunavut has not received any federal funds targeted for specific Aboriginal education. (Paragraph 63)
A report on Edmonton schools indicates that minority and Aboriginal students are often victims of racism, whereas a study in Winnipeg notes that Aboriginal students are marginalized by the school system. Another national study indicates that there is very little teaching about Aboriginal people in Canadian schools, so that graduating students have almost no valid or accurate knowledge about Aboriginal peoples. It must be noted many provinces are making efforts to address Aboriginal education issues. (Paragraph 64)
The Minister's National Working Group on Education reports that First Nation education is in a crisis. With some outstanding exceptions, there is no education system, no education accountability, no goals or objectives, and in many cases investments in Aboriginal education face comparative disparities. However, there are also some outstanding successful cases where the needs of remote communities are addressed and where First Nation cultures are celebrated in a positive and supportive learning environment. Efforts are underway to develop university level education for Aboriginal students, such as the First Nations University of Canada and the Nunavut Arctic College in Iqaluit, or the Nisga'a House of Wisdom, which has already attracted international scholars. (Paragraph 65)
Aboriginal education does not receive the resources it requires at the federal and provincial levels, resulting in high drop-out rates, low educational attainment and low quality schooling for Aboriginal students. Aboriginal cultures are not yet adequately represented in educational resources and the national curriculum, despite Canada's proven track record in multicultural education. (Paragraph 89)
That special attention be paid to the nexus between the Residential Schools restitution process, the transgenerational loss of culture and its attendant social problems such as adolescent suicide rates and family disorganization. (Paragraph 102)
That concerted action be undertaken by all levels of government to guarantee the right to culturally sensitive and quality education of Aboriginal people and to decrease the number of school drop-outs and increase the number and quality of school graduates at all levels. (Paragraph 103)
Governmental Goals: It is encouraging that the 2004 Speech from the Throne recognizes that Aboriginal Canadians have not fully shared in the nation's good fortune and that conditions in far too many Aboriginal communities are described as "shameful". Canada's stated goal is to see Aboriginal children get a better start in life, to see real economic opportunities for Aboriginal individuals and communities, with greater economic self-reliance, a better quality of life. These objectives are reflected in the Federal Budget for 2004, which stresses Aboriginal human resource development, an urban Aboriginal strategy, Métis hunting rights, an independent centre for First Nations government, among others. Planned spending for federal programmes to Aboriginal peoples in 2004-2005 is Can$ 8.81 billion, but Aboriginal critics argue that these funds are in large part consumed by federal government bureaucracy, and are also used to support dependency in the context of overall residual landlessness and to settle outstanding claims for land dispossession and residential school cases. (Paragraph 83)
Violence Against Girls: That particular attention be paid by specialized institutions to the abuse and violence of Aboriginal women and girls, particularly in the urban environment. (Paragraph 113)
Incarceration: That efforts be increased at all levels to reduce and eliminate the overrepresentation of Aboriginal men, women and children in detention, in particular by establishing measurable outcomes, and that Aboriginal alternative justice institutions and mechanisms be officially recognized and fostered with the full participation of Aboriginal communities. (Paragraph 114)
UN Special Rapporteur on Contemporary Forms of Racism
Mr. Doudou Diène
(E/CN.4/2004/18/Add.2 )
Country visit: 15 September - 26 September 2003
Report published: 1 March 2004
Aboriginal peoples: A further concern with regard to the situation of aboriginal peoples is the matter of their rights to education, housing and health. According to the 2001 survey of aboriginal peoples, 45 per cent aged over 15 living outside the reserves suffer from chronic health problems. The most frequently recurring chronic disorders are arthritis, rheumatism, asthma and high blood pressure. Among young persons aged between 20 and 24 living outside the reserves, 48 per cent have not completed secondary education, while 17 per cent of the aboriginal population live in overcrowded housing. Owing to the poor housing conditions in the reserves, combined with the lack of resources and jobs, many aboriginals become homeless city dwellers and are unable to find a place in society. The situation of urban aboriginals is a matter of concern also to the extent that the resources allocated by the Government are chiefly intended for the reserves and are tied to the reserve-related resource-related Indian status. The resulting feeling of despair leads many aboriginals to resort to alcohol and drugs. (Paragraph 33)
Birth Registration: The association Quebec Native Women Inc. complained to the Special Rapporteur about the discriminatory effects of the Indian Act, about the decision-making process in the bands and the bands' customary attitudes towards them. They mentioned several negative effects of the Act, such as: the fact that it restricts an aboriginal woman's chance of obtaining Indian status; that a child cannot be entered in the Indian register unless the identity of the father is known; that women experience difficulties transferring from one band to another owing to the need to obtain the consent of the band concerned; that it protects band councils that refuse to enrol members despite the right to membership stipulated in the Act; and that certain regulations prevent non-members from residing in a reserve, thus affecting non-aboriginal spouses and hence the children born of mixed marriages. On behalf of aboriginal women, the association rejects the Government's argument that it does not want to interfere in the internal affairs of the First Nations. The association considers that Canada is obliged by the international treaties to which it is a party to protect the rights of all persons living within its borders. They also believe that improving their living conditions is the responsibility of the Canadian Government, in view of the past and present factors that have led to the dismemberment of aboriginal Nations. (Paragraph 34)
Racial Profiling: Several persons interviewed by the Special Rapporteur alleged that "racial profiling" also affects aboriginal peoples, particularly the younger generation, in the Province of Saskatchewan. They said that youngsters are often exposed to harassment by the police whenever they move about in groups "because the police see them as criminals, gangsters, dropouts or, in the case of girls, prostitutes". (Paragraph 44)
Domestic Legal Strategies: The legal strategy is also handicapped by poor coordination at national level in the struggle against racism and discrimination. The Special Rapporteur was struck by the lack of information exchanges between provinces concerning their policies and practices, often in areas as sensitive as "racial profiling". Even though the provinces are bound by national legislation, the political and judicial authorities in charge do not deal with racial discrimination with the same degree of motivation, the same sensitivity or the same keenness to find appropriate solutions. Thus the question of the observance of treaties, by which the aboriginal communities set such store, has been dealt with in Saskatchewan through an educational programme by the Treaty Commissioner, a judge driven by great educational and social zeal, who takes due account of the rights of aboriginals and of their sensitivities. The Office of the Treaty Commissioner (OTC) was initially created by the Federation of Saskatchewan Indian Nations (FSIN) in 1989 with a mandate to review treaty land entitlement arising from treaties with aboriginal peoples and to carry out educational projects. In 1997, the OTC's mandate was updated and extended to health matters, children's welfare, housing, justice, hunting, fishing, gathering and land use, in addition to treaty obligations and its educational goals. The Commissioner's mandate is implemented through an original approach, which reaches beyond mere application of the law and seeks to achieve understanding between aboriginal and non- aboriginal peoples by teaching the public about the significance of treaties. A teaching kit on treaties has been produced for the use of the province's teachers. No similar initiative, however, has ever been tried or even thought of in British Columbia or in Quebec. Another noteworthy example is the interesting action taken by the police in the Province of Ontario to combat racial profiling, a model which might well have been copied by other provinces. (Paragraph 77)
UN Special Rapporteur on the Adverse Effects of Toxic & Dangerous Products and Human Rights
Ms. Fatma-Zohra Ouhachi-Vesely
(E/CN.4/2003/56/Add.2 )
Country visit: 17 October - 30 October 2002
Report published: 14 January 2003
No relevant children's references.
UN Special Rapporteur on Human Rights of Migrants
Ms. Gabriela Rodríguez Pizarro
(E/CN.4/2001/83/Add.1)
Country visit: 17 September to 30 September 2000
Report published: 21 December 2000
Family Class Immigration: On the question of family class immigration, the immigrant must be sponsored by a close relative aged at least 19 who, at the time of sponsorship, is living in Canada and possesses permanent resident status or Canadian citizenship. In order to be sponsored, the immigrant must demonstrate to the officer responsible for issuing visas that he meets the health criteria. Persons in the family class by virtue of their links with relatives in Canada are, according to information provided by the CIC, as follows: spouse; fiancé or fiancée; parents and grandparents; siblings, nephews, nieces or grandchildren who are orphans, single and aged under 19; and sons and daughters aged under 19. For an immigrant to be able to settle in the country, the relative sponsoring him is required to enter into a legal undertaking vis-à-vis the Government of Canada to assume responsibility for him (if the immigrant wishes to settle in Quebec, the undertaking must be given to the government of Quebec). In accordance with this undertaking, the sponsoring relative agrees to meet the essential needs of those for whom he assumes responsibility. If the relative or his guarantor (where necessary) does not comply with this undertaking, the Canadian Government or the government of Quebec may take judicial measures. (Paragraph 39)
Immigrants with Canadian Children: Another of the concerns the Special Rapporteur was told about referred to the 24 months of work required before permanent residence could be applied for. She interviewed several live-in caregivers in Vancouver, Toronto and Montreal, who, because they had become pregnant, had been unable to complete the required period of work. In the copy of the programme handed to the Special Rapporteur by the CIC, it was stated that female workers were entitled by law to maternity leave. The Special Rapporteur believes that it is important to ensure that employers comply with the terms of the law in order to avoid the type of situation where employees are unable to complete the 24 months of work. In many cases the caregivers said that they had been ordered to leave the country despite the fact that their child was a Canadian citizen, born on Canadian territory. They all complained at Canada's violation of international obligations and in particular the Convention on the Rights of the Child, to which Canada is a party. Most of the complaints also alleged a lack of health-care assistance, despite the fact that their children were Canadians. According to what they told the Special Rapporteur, medical facilities in health-care establishments were related to the immigrant status of the parents. In many cases described to the Special Rapporteur, the claimants were still awaiting a decision on their status. According to information received by the Special Rapporteur, most of the cases occurred in the Ontario region. (Paragraph 67)