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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________________________________ Use of, and conditions in, detention for children UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee notes as positive that Bill C-10 (Safe Streets and Communities Act of 2012) prohibits the imprisonment of children in adult correctional facilities. Nevertheless, the Committee is deeply concerned at the fact that the 2003 Youth Criminal Justice Act, which was generally in conformity with the Convention, was in effect amended by the adoption of Bill C-10 and that the latter is excessively punitive for children and not sufficiently restorative in nature. The Committee also regrets there was no child rights assessment or mechanism to ensure that Bill C-10 complied with the provisions of the Convention. In particular, the Committee expresses concern that: (c) The increased use of detention reduced protection of privacy, and reduction in the use of extrajudicial measures, such as diversion; (d) The excessive use of force, including the use of tasers, by law enforcement officers and personnel in detention centers against children during the arrest stage and in detention; (e) Aboriginal and African Canadian children and youth are overrepresented in detention with statistics showing for example, that Aboriginal youth are more likely to be involved in the criminal justice system than to graduate from high school; (f) Teenage girls are placed in mixed-gender youth prisons with cross-gender monitoring by guards, increasing the risk of exposing girls to incidents of sexual harassment and sexual assault. The Committee recommends that the State party bring the juvenile justice system fully in line with the Convention, including Bill C-10 (2012 Safe Streets and Communities Act) in particular articles 37, 39 and 40, and with other relevant standards, including the Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules), the Guidelines for the Prevention of Juvenile Delinquency (the Riyadh Guidelines), the Rules for the Protection of Juveniles Deprived of their Liberty (the Havana Rules), the Vienna Guidelines for Action on Children in the Criminal Justice System; and the Committee‟s General Comment No. 10 (2007) (CRC/C/GC/10). In particular, the Committee urges the State party to: (c) Develop alternatives to detention by increasing the use of extrajudicial measures, such as diversion and ensure the protection of privacy of children within the juvenile justice system; (d) Develop guidelines for restraint and use of force against children in arrest and detention for use by all law enforcement officers and personnel in detention facilities, including the abolishment of use of tasers; (e) Conduct an extensive study of systemic overrepresentation of Aboriginal and African Canadian children and youth in the criminal justice system and develop an effective action plan towards eliminating the disparity in rates of sentencing and incarceration of Aboriginal and African Canadian children and youth, including activities such as training of all legal, penitentiary and law enforcement professionals on the Convention; (f) Ensure that girls are held separately from boys and that girls are monitored by female prison guards so as to better protect girls from the risk of sexual exploitation; and (g) Ensure that girls are held separately from boys and that girls are monitored by female prison guards so as to better protect girls from the risk of sexual harassment and assault. (Paragraphs 85 and 86) UN Human Rights Committee The Committee notes with concern that the Youth Criminal Justice Act enables imprisonment of persons under 18 with adults if serving an adult sentence (arts. 10 and 24). The Committee urges the State party to: (a) Ensure that no person under 18 years of age is tried as an adult, and that no such person can be held together with adults in correctional facilities, whether federal, provincial or territorial. (Paragraph 19) UN Committee on the Elimination of Discrimination against Women The Committee notes with concern that a disproportionate number of aboriginal women are incarcerated; this is true also of Afro-Canadian women and other women of colour. The Committee is concerned at the fact that, while women in the federal prison system in general pose a low security risk, many are classified at a maximum-security level, which restricts their access to work and community programmes and to aboriginal healing lodges. In addition, the Committee is concerned about the continuing presence of male guards in female prisons, which increases the risk of sexual harassment or assault and violates the right to privacy of female detainees. The Committee expresses additional concern at the treatment of adolescent girls in juvenile detention, who are often detained in mixed-sex prisons, where they are exposed to violence from adolescent male detainees or from male prison guards. The Committee calls on the State party to: (a) Address the issue of the overincarceration of aboriginal women and women of colour and to redesign its classification system for women in the federal prison system; (b) Discontinue the practice of employing male guards as front-line staff in women's institutions and to establish an external redress and oversight mechanism for federal women prisoners that is independent, comprehensive and accessible; (c) Ensure that girls are not held in mixed-sex youth prisons or detention centres. (Paragraphs 33 and 34) UN Working Group on Arbitrary Detention 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) 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) 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) UN Special Rapporteur on indigenous people 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 recognised and fostered with the full participation of Aboriginal communities. (Paragraph 114) Universal Periodic Review (February 2009) 42. Alter detention and prison facilities as well as standards of treatment for juveniles so that they are gender sensitive and ensure effective protection of detainees’ and prisoners’ personal safety (Czech Republic); (accepted) ______________________________________________________________________________ Violence against children, including domestic violence UN Committee on the Rights of the Child (Concluding Observations, October 2012) While the Committee notes initiatives such as the Family Violence Prevention Program, the Committee is concerned about the high levels of violence and maltreatment against children evidenced by the Canadian Incidence Study of Reported Child Abuse and Neglect 2008. The Committee is especially concerned about: (a) The lack of a national comprehensive strategy to prevent violence against all children; (b) That women and girls in vulnerable situations are particularly affected, including Aboriginal, African Canadian, and those with disabilities; (c) The low number of interventions in cases of family violence, including restraining orders; and (d) The lack of counselling for child victims and perpetrators and inadequate programs for the reintegration of child victims of domestic violence. The Committee recommends that the State party take into account the Committee‟s General Comment No. 13 (CRC/C/GC/13, 2011) and urges the State party to: (a) Develop and implement a national strategy for the prevention of all forms of violence against all children, and allocate the necessary resources to this strategy and ensure that there is a monitoring mechanism; (b) Ensure that the factors contributing to the high levels of violence among Aboriginal women and girls are well understood and addressed in national and province/territory plans; (c) Ensure that all child victims of violence have immediate means of redress and protection, including protection or restraining orders; and (d) Establish mechanisms for ensuring effective follow-up support for all child victims of domestic violence upon their family reintegration. (Paragraphs 46 and 47) UN Committee on Economic, Social and Cultural Rights The Committee regrets that domestic violence as a specific offence has not been included in the Criminal Code. The Committee recommends that the State party: (a) Include domestic violence as a specific offence in the Criminal Code. (Paragraphs 25 and 58) UN Committee on the Elimination of Discrimination against Women The Committee welcomes initiatives at the federal, provincial and territorial levels to address violence against women, in particular domestic violence, and initiatives such as the Sisters in Spirit Initiative and the Aboriginal People's Programme, which specifically address violence against aboriginal women, as well as the participation of men in the process of combating violence against women, as demonstrated by the White Ribbon Campaign. While the Committee notes with interest the State party's indication that there has been a slight decline in the number of spousal abuse incidents reported, it remains concerned that domestic violence continues to be a significant problem. The Committee also expresses concern at what is apparently an increasingly common practice — using mediation and other alternative responses instead of prosecution in cases of domestic violence — and at the increased use of "dual charging". The Committee is also concerned at reports of high levels of violence against adolescent girls in the family and society. Furthermore, while noting with appreciation the State party's Shelter Enhancement Programme, the Committee is concerned that the number of shelters for victims of violence is still insufficient. The Committee is also concerned that convictions for offences related to domestic violence may not be taken into account in child custody or visitation cases. The Committee recommends that the State party: (a) Continue to give priority attention to combating violence against women, in accordance with general recommendation 19, on violence against women. (b) Enact legislation specifically addressing domestic violence against women, making it a criminal offence and ensuring that women who are victims of domestic violence have access to immediate means of redress and protection and that perpetrators are prosecuted and adequately punished, and that it put in place "primary aggressor" policies. (c) Provide adequate shelters and appropriate support services in all jurisdictions for women and adolescent girls who are victims of violence, and that the shelter and services needs of aboriginal women, women with disabilities, immigrants, refugees and trafficked women and rural and northern women be addressed. (d) Implement legislation requiring that domestic violence convictions be taken into account in child custody or visitation decisions. (Paragraphs 29 and 30) While welcoming the efforts of child and family services to place greater emphasis on prevention services, the Committee remains concerned at the fact that a disproportionately high number of aboriginal children, including girls, are being taken into State custody. The Committee recommends that the State party: (a) Take all necessary measures to address the issue of the separation of aboriginal children from their parents, giving particular attention to contributing factors such as poverty, lack of housing, violence and drug abuse. (Paragraphs 45 and 46) UN Special Rapporteur on adequate housing 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) The Federal Government has recognised 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) UN Special Rapporteur on indigenous people 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) That particular attention be paid by specialised institutions to the abuse and violence of Aboriginal women and girls, particularly in the urban environment. (Paragraph 113) Universal Periodic Review (February 2009) 86. 34. Implement in national legislation the prohibition and criminalisation of all types of violence against women and children, specially indigenous women and children, in accordance with the commitments acquired in the corresponding Conventions (Bolivia); (accepted) ______________________________________________________________________________ Sexual exploitation of children UN Committee on the Rights of the Child (Concluding Observations, October 2012) The Committee notes with appreciation the launching of the National Strategy for the Protection of Children from Sexual Exploitation on the Internet in 2004 and the significant amount of resources allocated to the implementation of this program by the State party. The Committee further notes as positive that the State party has demonstrated considerable political will to coordinate law enforcement agencies to combat sexual exploitation of children on the internet. Nevertheless, the Committee is concerned that the State party has not taken sufficient action to address other forms of sexual exploitation, such as child prostitution and child sexual abuse. The Committee is also concerned about the lack of attention to prevention of child sexual exploitation and the low number of investigations and prosecutions for sexual exploitation of children as well as inadequate sentencing for those convicted. In particular, the Committee is gravely concerned about cases of Aboriginal girls who were victims of child prostitution and have gone missing or were murdered and have not been fully investigated with the perpetrators going unpunished. The Committee urges the State party to: (a) Expand existing government strategies and programs to include all forms of sexual exploitation; (b) Establish a plan of action to coordinate and strengthen law enforcement investigation practices on cases of child prostitution and to vigorously ensure that all cases of missing girls are investigated and prosecuted to the full extent of the law; (c) Impose sentencing requirements for those convicted of crimes under the Optional Protocol to ensure that the punishment is commensurate with the crime; and (d) Establish programs for those convicted of sexual exploitation abuse, including rehabilitation programs and federal monitoring systems to track former perpetrators. (Paragraphs 48 and 49) Universal Periodic Review (February 2009) 40. Strengthen enforcement legislation and programmes regarding prohibition of commercial sexual exploitation of children (Philippines); (accepted) ______________________________________________________________________________ Inequality in the provision of welfare and services for vulnerable children, including those from minority backgrounds UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming the State party’s efforts to address discrimination and promote intercultural understanding, such as the Stop Racism national video contest, the Committee is nevertheless concerned at the continued prevalence of discrimination on the basis of ethnicity, gender, socio-economic background, national origin and other grounds. In particular, the Committee is concerned at: (b) The serious and widespread discrimination in terms of access to basic services faced by children in vulnerable situations, including minority children, immigrants, and children with disabilities; The Committee recommends that the State party include information in its next periodic report on measures and programs relevant to the Convention on the Rights of the Child undertaken by the State party in follow-up to the Declaration and Program of Action adopted at the 2001 World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, as well as the outcome document adopted at the 2009 Durban Review Conference. The Committee also recommends that the State party: (b) Address disparities in access to services by all children facing situations of vulnerability, including ethnic minorities, children with disabilities, immigrants and others; (Paragraphs 32 and 33) While the Committee appreciates that the basic needs of the majority of children in the State party are met, the Committee is concerned that income inequality is widespread and growing and that no national strategy has been developed to comprehensively address child poverty despite a commitment by Parliament to end child poverty by 2000. The Committee is especially concerned about the inequitable distribution of tax benefits and social transfers for children. Furthermore, the Committee is concerned that the provision of welfare services to Aboriginal children, African Canadian and children of other minorities is not comparable in quality and accessibility to services provided to other children in the State party and is not adequate to meet their needs. The Committee recommends that the State party: (a) Develop and implement a national, coordinated strategy to eliminate child poverty as part of the broader national poverty reduction strategy, which should include annual targets to reduce child poverty; (b) Assess the impact of tax benefits and social transfers for and ensure that they give priority to children in the most vulnerable and disadvantaged situations; and (c) Ensure that funding and other support, including welfare services, provided to Aboriginal, African-Canadian, and other minority children, including welfare services, is comparable in quality and accessibility to services provided to other children in the State party and is adequate to meet their needs. (Paragraphs 67 and 68) UN Human Rights Committee The Committee is concerned by information that severe cuts in welfare programmes have had a detrimental effect on women and children, for example in British Columbia, as well as on Aboriginal people and Afro-Canadians (arts. 3, 24 and 26). The Committee urges the State party to: (a) Adopt remedial measures to ensure that cuts in social programmes do not have a detrimental impact on vulnerable groups. (Paragraph 24) UN Committee on Economic, Social and Cultural Rights The Committee is deeply concerned by the discriminatory impact of the National Child Benefit "clawback system" on the poorest families in Canada, in particular single-mother-led families. The Committee urges the State party to: (a) Amend the National Child Benefit Scheme so as to prohibit provinces and territories from deducting child benefit from social assistance entitlements. (Paragraphs 23 and 55) UN Committee on the Elimination of Discrimination against Women While the Committee notes that the minimum wage rate has increased in a number of provinces and territories, it remains gravely concerned at the fact that poverty is widespread among women, in particular aboriginal women, minority women and single mothers. While noting that the Government of Canada provides support for families through the Universal Child Care Plan, which includes the Universal Child Care Benefit and support for childcare spaces, the Committee remains concerned at lack of affordable quality childcare spaces. The Committee notes with interest the State party's indication that federal spending on housing has never been higher, but regrets the absence of a national housing strategy and expresses concern at the current severe housing shortage, in particular in aboriginal communities, and at the high costs of rent and the impact thereof on women. The Committee is particularly concerned at the impact of the lack of affordable childcare and affordable housing on low-income women with families. The Committee urges the State party to: (a) Step up its efforts to provide a sufficient number of affordable childcare spaces and affordable and adequate housing options, including in aboriginal communities, with priority being given to low-income women, who are particularly disadvantaged in those areas. (b) Carry out a cost-benefit analysis to assess the impact of current living standards, housing and childcare situations on the economic empowerment of women and present the findings in its next report to the Committee; such an analysis should have a special focus on low-income women, taking into account the amount of social assistance they receive from the State compared with the actual cost of living, including housing and childcare. (Paragraphs 39 and 40) UN Special rapporteur on adequate housing 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 recognised 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) Universal Periodic Review (February 2009) 46. Establish policies to improve healthcare and general welfare of indigenous children (Indonesia); (accepted) 54. Strengthen and enlarge existing programmes and take more and specific measures towards Aboriginals, particularly with regard to the improvement of housing, educational opportunities, especially after elementary school, employment, and that women’s and children’s rights are better safeguarded, in consultation with civil society (The Netherlands); (accepted) ______________________________________________________________________________ Poverty disproportionately affecting children from minority backgrounds UN Committee on the Rights of the Child (Concluding Observations, October 2012) While the Committee appreciates that the basic needs of the majority of children in the State party are met, the Committee is concerned that income inequality is widespread and growing and that no national strategy has been developed to comprehensively address child poverty despite a commitment by Parliament to end child poverty by 2000. The Committee is especially concerned about the inequitable distribution of tax benefits and social transfers for children. Furthermore, the Committee is concerned that the provision of welfare services to Aboriginal children, African Canadian and children of other minorities is not comparable in quality and accessibility to services provided to other children in the State party and is not adequate to meet their needs. The Committee recommends that the State party: (a) Develop and implement a national, coordinated strategy to eliminate child poverty as part of the broader national poverty reduction strategy, which should include annual targets to reduce child poverty; (b) Assess the impact of tax benefits and social transfers for and ensure that they give priority to children in the most vulnerable and disadvantaged situations; and (c) Ensure that funding and other support, including welfare services, provided to Aboriginal, African-Canadian, and other minority children, including welfare services, is comparable in quality and accessibility to services provided to other children in the State party and is adequate to meet their needs. (Paragraphs 67 and 68) UN Independent Expert on minority issues 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 stigmatised 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 recognises 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) UN Special Rapporteur on adequate housing 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 recognised 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) Universal Periodic Review (February 2009) 45. Integrate economic social and cultural rights in its poverty reduction strategies in a way that can benefit the most vulnerable groups in society, specially the Aborigines, afro-Canadians, migrants, persons with disabilities, youth, women with low incomes, and single mothers and adopt all necessary measures, including the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples, to guarantee Aboriginals the full enjoyment of their rights including economic, social and cultural so that their standard of living was similar to that of the rest of the citizens in Canada (Cuba); (accepted) ______________________________________________________________________________ Barriers to access to education for children from minority backgrounds and discrimination against those children in the education system UN Committee on the Rights of the Child (Concluding Observations, October 2012) While welcoming the State party’s various initiatives to improve educational outcomes for children in vulnerable situations, the Committee is concerned about the following: (b) The high dropout rate of Aboriginal and African-Canadian children; (c) The inappropriate and excessive use of disciplinary measures applied to Aboriginal and African Canadian children in school, such as resorting to suspension and referring children to the police, as well as the overrepresentation of these groups in alternative schools; The Committee recommends that the State party: (b) Develop a national strategy, in partnership with Aboriginal and African Canadian communities, to address the high dropout rate of Aboriginal and African Canadian children; (c) Take measures to prevent and avoid suspension and the referral of children to police as a disciplinary measure for Aboriginal and African Canadian children and prevent their reassignment to alternative schools while at the same time ensuring that professionals are provided with the necessary skills and knowledge to tackle the problems; (Paragraph 69 and 70) UN Committee on Economic, Social and Cultural Rights The Committee is concerned about information that African Canadian students face difficulties in accessing education and that they experience a disproportionately high drop-out rate from secondary school. The Committee recommends that the State party: (a) Ensure by every appropriate means that higher education be made equally accessible to all, on the basis of capacity. (b) Conduct an overall assessment of the situation of African Canadians, particularly in the area of education, in order to adopt and effectively implement a targeted programme of action to realise their rights under the Covenant. (Paragraphs 32, 65, and 66) UN Independent Expert on minority issues 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 [curricula] 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 recognise 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 indigenous people 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 marginalised 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 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) UN Special Rapporteur on contemporary forms of racism 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) Universal Periodic Review (February 2009) 54. Strengthen and enlarge existing programmes and take more and specific measures towards Aboriginals, particularly with regard to the improvement of housing, educational opportunities, especially after elementary school, employment, and that women’s and children’s rights are better safeguarded, in consultation with civil society (The Netherlands); (accepted) ______________________________________________________________________________ Gap between healthcare provision for children from indigenous backgrounds and other Canadians UN Special Rapporteur on indigenous people 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) UN Special Rapporteur on contemporary forms of racism 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) Universal Periodic Review (February 2009) 46. Establish policies to improve healthcare and general welfare of indigenous children (Indonesia); (accepted) ______________________________________________________________________________ Discrimination against First Nations women and children in relation to personal status rules UN Committee on Economic, Social and Cultural Rights The Committee notes with concern that the long-standing issues of discrimination against First Nations women and their children, in matters relating to Indian status, band membership, and matrimonial real property on reserve lands have still not been resolved. The Committee notes that such discrimination has had a negative impact on the enjoyment of economic, social and cultural rights of some First Nations women and their children under the Covenant. The Committee recommends that the State party: (a) In consultation with First Nations and including Aboriginal women's groups, adopt measures to combat discrimination against First Nations women and their children in matters relating to Indian status, band membership and matrimonial property. (b) Repeal section 67 of the Canadian Human Rights Act, which prevents First Nations people from filing complaints discrimination before a human rights commission or tribunal. (c) Amend the Indian Act to remove any residual discrimination against First Nations women and their children. (Paragraphs 17 and 45) UN Committee on the Elimination of Racial Discrimination The Committee notes with regret the lack of substantial progress made by the State party in its efforts to address residual discrimination against First Nations women and their children in matters relating to Indian status, band membership and matrimonial real property on reserve lands, despite its commitment to resolving this issue through a viable legislative solution (arts. 2 and 5 d)). The Committee urges the State party to: (a) Take the necessary measures to reach a legislative solution to effectively address the discriminatory effects of the Indian Act on the rights of Aboriginal women and children to marry, to choose one's spouse, to own property and to inherit, in consultation with First Nations organisations and communities, including aboriginal women's organisations, without further delay. (Paragraph 15) UN Committee on the Elimination of Discrimination against Women The Committee is concerned that the Convention has not been fully incorporated into domestic law and that discriminatory legislation still exists. In particular, the Committee is concerned at the fact that the Indian Act continues to discriminate between descendants of Indian women who married non-Indian men and descendants of Indian men who married non-Indian women with respect to their equal right to transmit Indian status to their children and grandchildren. It is also concerned that section 67 of the Canadian Human Rights Act, although repealed, still provides clauses stating that the Indian Act should be applied in a manner that gives due regard to First Nations legal traditions and customary laws, balancing individual rights and collective rights. The Committee recommends that the State party: (a) Ensure the full incorporation of all substantive provisions of the Convention into domestic law. (b) Take immediate action to amend the Indian Act to eliminate the continuing discrimination against women with respect to the transmission of Indian status, and in particular to ensure that aboriginal women enjoy the same rights as men to transmit status to children and grandchildren, regardless of whether they have married out or of the sex of their aboriginal ancestors. (c) Find measures to ensure that section 67 of the Canadian Human Rights Act is interpreted and applied in a way that provides full protection for aboriginal women against discrimination and full redress for any human rights violations. (Paragraphs 17 and 18) ______________________________________________________________________________
Last reported: 17 and 18 October 2005
Concluding Observations adopted: 27 and 28 October 2005
Last reported: 22 October 2008
Country visit: 1 to 15 June 2005
Report published: 5 December 2005
Country visit: 24 May to 4 June 2004
Report published: 2 December 2004
Last reported: 5 and 8 May 2006
Concluding Observations adopted: 19 May 2006
Last reported: 22 October 2008
Country visit: 9 to 22 October 2007
Report published: 17 February 2009
Country visit: 24 May to 4 June 2004
Report published: 2 December 2004
Last reported: 17 and 18 October 2005
Concluding Observations adopted: 27 and 28 October 2005
Last reported: 5 and 8 May 2006
Concluding Observations adopted: 19 May 2006
Last reported: 22 October 2008
Country visit: 9 October to 22 October 2007
Report published: 17 February 2009
Country visit: 13 October to 23 October 2009
Report published: 8 March 2010
Country visit: 9 October to 22 October 2007
Report published: 17 February 2009
Last reported: 5 and 8 May 2006
Concluding Observations adopted: 19 May 2006
Country visit: 13 to 23 October 2009
Report published: 8 March 2010
Country visit: 24 May to 4 June 2004
Report published 2 December 2004
Country visit: 15 to 26 September 2003
Report published: 1 March 2004
Country visit: 24 May to 4 June 2004
Report published: 2 December 2004
Country visit: 15 to 26 September 2003
Report published: 1 March 2004
Last reported: 5 and 8 May 2006
Concluding Observations adopted: 19 May 2006
Last reported: 20 and 21 February 2007
Concluding Observations adopted: 5 March 2007
Last reported: 22 October 2008