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Executive Summary
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The Hague Convention on Protection of Children and Co-
operation
in Respect of Intercountry Adoption ["Hague Convention"] is an
international legal instrument regulating adoption between
Contracting States. The Hague Convention operationalizes
Article
21 of the United Nations Convention on the Rights of the Child
("CRC"] and elaborates many principles expressed in this
article.
The Canadian Coalition for the Rights of Children ("Coalition"),
a non-governmental organization, is monitoring Canada's
implementation of the CRC in preparation for Canada's second
report to the UN Committee on the Rights of the Child. As part
of
the Coalitions's project, this document will examine the status
of the Hague Convention.
Although the federal government has the power to enter into
treaties with other countries, domestic and international
adoptions fall within the exclusive jurisdiction of the
provinces. Consequently, it is within the prerogative of each
province to decide whether to implement the Hague
Convention.
Thus, the federal and provincial / territorial governments share
the responsibility of implementing the Hague Convention to the
extent permitted by their respective jurisdictions.
Provinces and Territories
The following provinces have implemented the Hague
Convention:
o British Columbia;
o Alberta;
o Saskatchewan;
o Manitoba;
o Prince Edward Island; and
o New Brunswick.
The Yukon Parliament has recently assented to The
Intercountry
Adoption (Hague Convention) Act, which implements the Hague
Convention.Quebec, Nova Scotia, Newfoundland and the
Northwest
Territories intend to implement the Convention by the end of
1998.
Thus, all provinces and territories, except Ontario, have either
implemented the Hague Convention, or intend to implement the
Convention by the end of 1998.
The Ontario government should establish a timetable
concerning
the implementation of the Hague Convention to ensure that the
procedural safeguards as set out in the Convention are being
met
and that intercountry adoptions occurring within their
jurisdiction are taking place in the best interest of the child.
It is not fair to judge provincial and territorial actions at
this time due to the nascent stage of the implementation of the
Convention. Apart from Ontario, the provinces and territories
have achieved or are in the process of achieving an important
step, that is the implementation of the Hague Convention.
Recommendations
The provincial and territorial authorities should be monitored
periodically to examine the following issues:
o Whether the provincial and territorial Central Authorities are
meeting their obligations under the Convention;
o Whether Quebec, Nova Scotia, Newfoundland, and the
Northwest
Territories have met their commitment to implement the
Hague
Convention.
o Whether Ontario has taken steps to implement the
Convention.
o What priority implementation issues still need to be
resolved.
Federal Government
The federal government has played a key role in the
implementation of the Hague Convention:
o Through the Department of Justice, the federal government
has
been instrumental in Canada's participation and leadership
in the
negotiations of the Hague Convention. Throughout this
process,
the federal government consulted with provincial and
territorial
authorities, the adoption community and non-governmental
organizations.
o Once the Convention was finalized, the Department of
Justice
worked towards ratification encouraging the provinces and
territories to support the early signature by Canada of the
Convention, and its timely ratification.
o The Department of Justice provided legal and technical
support to
the provinces and territories as they began implementing
the
Hague Convention.
o Following ratification, the Department of Justice worked
with the
provinces and territories to overcome some implementation
issues
which still needed to be resolved.
o The federal government examined implementation issues
affecting
federal law and policy.
o Citizenship and Immigration Canada produced two
publications
entitled "International Adoption and the Immigration
Process" and
"The Hague Convention on Protection of Children and
Cooperation
in Respect of Intercountry Adoption"
o Disappointment has been expressed by non-governmental
organizations, adoption groups and some provincial
representatives that the National Adoption Desk has not
been
provided the resources and the clarity of role to take
leadership
to support the provinces that request help, and to work
with the
provinces and non-governmental organizations in a
collaborative
effort to resolve implementation issues.
Non-governmental organizations ("NGO") and adoption groups
have
wanted to be involved in the implementation of the Hague
Convention. The Department of Justice included a non
governmental
organization representative, Sandra Scarth, Executive Director
of
the Child Welfare League of Canada, in the delegation
representing Canada at the third and fourth Sessions of the
Hague
Conference. Furthermore, the Department requested the
CWLC's
assistance in keeping the non-governmental organization
community
informed and involved in the implementation process.
Despite the above mentioned NGO involvement, the NGO and
adoption
group community has been disappointed by its lack of
involvement
in implementing the Hague Convention as there was an
expectation
in this community that there would be a collaborative process
involving non governmental organizations and adoption groups
with
both levels of government in the implementation of the Hague
Convention. Voluntary organizations, such as the Child Welfare
League of Canada, International Social Services and Defence
for
Children International, and adoption groups have a key role to
play in the dissemination of information regarding the
implementation of the Convention and should be included in the
process.
Since the implementation of the Hague Convention is still in its
early stages, it is too soon to judge federal actions. However,
the federal government has demonstrated its commitment to
implement the Hague Convention, and therefore, its
commitment to
Article 21 of the CRC.
Recommendations
The federal government should be monitored on a periodic
basis to
ensure that it continues to meet its obligations under the
Hague
Convention. In addition, support should be provided to the
provinces and territories to help them with the successful
implementation of the Hague Convention. Moreover, the
mandate of
the federal Central Authority should be clarified so that the
National Adoption Desk can take on the leadership role
concerning
the implementation of the Convention. Finally, a mechanism
should
be established to ensure collaboration between federal,
provincial, non-governmental organizations and adoption
groups
regarding implementation of the Hague Convention, including
the
development of policy in this area.
Canadian Coalition for the Rights of the Child
180 Argyle Avenue
Suite 312-316
Ottawa
Ontario
K2P 1B7
Canada
+1 613 788 5085
+1 613 788 5106
[email protected]Owner: Tara Mani