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RESPONSES TO SPECIFIC QUESTIONS

Question 3: What ways and means could be used to ensure more effective implementation of existing standards and instruments to combat racism, racial discrimination, xenophobia and related intolerance, including:

a) In the light of article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination, what measures are being taken to prevent incitement to racial or ethnic hatred by any persons whatsoever (including by use of the Internet) and to declare punishable by law all dissemination of ideas based on racial superiority or hatred?

b) Have steps been taken to declare illegal and to prohibit organizations which promote and incite racial discrimination, and have participation in such organizations and activities been criminalized in domestic law?

1. Government of Canada

The Criminal Code of Canada prohibits:

Advocating or promoting genocide is an indictable offence punishable by a maximum of five years imprisonment. The offences under section 319 of the Criminal Code of inciting or wilfully promoting hatred are dual procedure offences, punishable by two years imprisonment on indictment and up to six months imprisonment and/or up to a $2,000 fine when proceeded by way of summary conviction.

In addition, the Criminal Code provides for the seizure and forfeiture of hate propaganda kept on premises for distribution or sale (subsection 320(1) and (4)).

Except for the offence provision of publicly inciting hatred, the consent of the relevant Attorney General is required to obtain a seizure warrant or to initiate a prosecution under the hate propaganda provisions of the Criminal Code.

Paragraph 718.2(a)(i) of the Criminal Code provides that evidence that an offence was motivated by hate, bias or prejudice based on race, national or ethnic origin, language, colour, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor shall be considered as an aggravating factor in sentencing an offender. In other words, if there is evidence that an assault, damage to property, threatening, harassment or any other criminal offence was motivated by hate, bias or prejudice, it is an aggravating factor for the purposes of sentencing (i.e., it should result in a more severe sanction). Paragraph 718.2(a)(i) of the Criminal Code contains a broader definition of grounds than the definition of "identifiable group" contained in subsection 318(4) of the Criminal Code for the purposes of the hate propaganda offences.

With regard to the Internet, existing statutory provisions are considered applicable where the hatred is communicated through that medium (subject to jurisdictional/territorial concepts relevant to the application of Canada's criminal law).

In R. v. Moyer, [1994] 2 S.C.R. 899, the Supreme Court of Canada upheld a conviction pursuant to s. 182(b) of the Criminal Code of offering indignities to human remains. The accused had desecrated identifiable gravestones in a Jewish cemetery. The issues was whether "offering indignities" requires physical contact with human remains and whether the section only captures indignities offered to human remains or whether it also captures indignities offered to monuments. Where monuments mark the presence of human remains, offering indignities to the monuments constitutes offering indignities to the human remains marked by the monuments. The Court concluded that the accused's conduct in toto constituted acts of defilement and callous disrespect towards the remains of the individuals buried under the monuments.

The Canadian Human Rights Act is used to prevent the dissemination of hate messages by telephone. In 1993, in the case of Canadian Human Rights Commission v. The Heritage Front and Droege, [1994] 1 F.C. 203, the Canadian Human Rights Commission obtained an injunction from the Federal Court to prevent the spread of telephonic hate messages against visible minorities and Aboriginal people by the respondents. In 1994, in the case of Canadian Human Rights Commission v. The Heritage Front and Droege, [1994] 3 F.C. 710, the respondents were found guilty of contempt of court for disobeying the injunction issued by the Federal Court in the earlier case. The Heritage Front was fined $5,000 and the individual respondents were sentenced to terms of imprisonment ranging from one to three months.

In the case of Canadian Human Rights Commission v. National Knights Network of the Ku Klux Klan, (unreported, August 19, 1993), the Commission obtained a consent order from a Human Rights Tribunal stopping the Ku Klux Klan from communicating hate messages. In the case of Khaki, Elterman, Gill and Canadian Human Rights Commission v. Canadian Liberty Net, (unreported, September 9, 1993, Decision No. 17 (H.R.T.)), a Human Rights Tribunal found that the respondents had violated the law by promulgating telephone messages inciting hatred against visible minorities and members of the Jewish faith. The respondents were ordered to cease and desist.

In 1992, prior to the Tribunal decision, the Canadian Human Rights Commission had obtained an interlocutory injunction from the Federal Court, Trial Division preventing the respondents from playing telephonic messages until the Tribunal rendered a decision : Canada (Human Rights Commission) v. Canadian Liberty Net (No. 1), [1992] 3F.C. 155; (1992), 26 C.H.R.R. D/194. Later in 1992, the Commission brought proceedings in the Federal Court, Trial Division, against the respondents for playing further telephonic messages in violation of the Federal Court injunction. The respondents were found guilty of contempt of court for disobeying the injunction: [1992] 3F.C. 504. The individual respondent was sentenced to two months imprisonment and a $2,500 fine. The organization, Canadian Liberty Net, was fined $5,000.

The respondents sought in separate proceedings to appeal these decisions of the Federal Court, Trial Division. In the first appeal to the Federal Court of Appeal, the respondents claimed that the Federal Court, Trial Division had no authority to issue an interlocutory injunction. The Federal Court of Appeal agreed and allowed the appeal: Canada (Human Rights Commission) v. Canadian Liberty Net (No. 2), [1996] 1 F.C. 804; (1996), 26 C.H.R.R. D/242. In the second appeal, the respondents argued that if the Federal Court, Trial Division had no authority to issue the injunction, they could not be found guilty of contempt of Court for violating the injunction. The Federal Court of Appeal rejected this appeal, holding that a Court order must be obeyed until it is reversed or stayed by the Court : Canada (Human Rights Commission) v. Canadian Liberty Net (No. 3), [1996] 1F.C. 787; (1996), 26 C.H.R.R. D/260.

Both the Federal Court of Appeal decisions were appealed to the Supreme Court of Canada. In March 1998, the Supreme Court of Canada ruled that the Federal Court can issue interlocutory injunctions under the Canadian Human Rights Act and that the respondents had been properly convicted of contempt of court: [1998] S.C.J. No. 331; (1998), 157 D.L.R. (4th) 385.

An amendment to the Canadian Human Rights Act, passed on May 9, 1996, added sexual orientation as a prohibited ground of discrimination under the Act. In April 1997, the government introduced a bill in Parliament to amend the Canadian Human Rights Act. The bill included amendments to improve existing protections against hate messages by telephone: the addition of a $10,000 fine for contraventions and provision for individuals who have been named in hate messages to seek compensation as a remedy. Other changes to improve the effectiveness of the law included: the creation of a new Canadian Human Rights Tribunal with full-time members for the first time; the strengthening of the law to deal with retaliation against persons who have filed human rights complaints; and increased compensation for victims of discrimination. The bill was not passed before the June 1997 federal election, but was reintroduced in Parliament in the fall of 1997, and passed in 1998.

2. Provincial and Territorial Governments

Alberta

In particular, the Criminal Code not only prohibits hate mongering, but it also prohibits violent and threatening and gang conduct of a variety of sorts, and specifies that where such offences are motivated by race hate etc. that is an aggravating factor in sentencing (s. 718.2(a)(i) of the Criminal Code).

The administration of justice within the province is within provincial authority, and the prosectors employed by the Attorney General of Alberta do prosecute to enforce the Criminal Code according to its terms. Where invocation of s. 718.2(a)(i) of the Criminal Code is possible because the Crown can prove that an assault or other crime was motivated by race hatred, that aggravating factor is asserted by prosecutors to the sentencing judges. The judges will take that factor into account in the ordinary way. There was an established jurisprudence [case decisions] which recognized hate motivation as an aggravating factor even before the enactment of s. 718.2(a)(i) of the Criminal Code. Prosecutors made those submissions and judges took that factor into account then also.

Nova Scotia

Although the legislation concerning hate groups and hate propaganda falls under federal jurisdiction, the provincial Human Rights Act provides additional protection to groups vulnerable to such propaganda. Section 7 of the Act prohibits publications, displays or broadcasts that indicate discrimination or an intent to discriminate against individuals or classes of individuals. A 1994 Board of Inquiry held that a sweatshirt offered for sale conveyed negative stereotypes about Black women and was discriminatory. The Board of Inquiry ordered the owner of the store to stop displaying and selling the sweatshirt (or any other discriminatory material) and also ordered the owner to apologize to the person who had lodged the complaint.

Prince Edward Island

The Prince Edward Island Human Rights Act has a provision that prohibits the display of signs or symbols indicating an intention to discriminate.

c) In the light of article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination, what steps are being taken to ensure equality before the law, without distinction as to race, colour, descent, or national or ethnic origin, in the enjoyment of political, civil, economic, social and cultural rights, in particular:

1. Government of Canada

Department of Canadian Heritage

Please see attached Policy and Legislative Framework for Multiculturalism.

Historical Context: In 1947 the Canadian Citizenship Act was introduced, giving Canadians their own citizenship for the first time, and providing all Canadian citizens -- whether citizens by birth or by choice -- equal status with respect both to their rights and their obligations.

In the following years Canada, like many other nations, committed itself to extending the principles of equal treatment and respect for diversity throughout the world by ratifying various United Nations treaties. These included the Universal Declaration of Human Rights, the International Convention on the Elimination of Racial Discrimination, International Covenants on Civil and Political Rights, and on Social, Economic and Cultural Rights. Similar commitments were later made in documents of the International Labour Organization and, more recently, of the Conference on Security and Cooperation in Europe and the Organization of American States. To persist with an attitude of assimilation would place Canada in opposition to its commitments in these United Nations treaties and other international undertakings.

The Canadian Bill of Rights was proclaimed in 1960. For the first time in Canada, a federal statute barred discrimination on the grounds of race, national origin, colour, religion or sex. It specified the fundamental freedoms of Canadians. This formed the basis for Canada's current human rights legislation.

In the late 1960s Canada's Immigration Act was changed to eliminate preferences based on national origin or race. In essence, the new approach to immigration not only removed discriminatory provisions, but moved from strictly economic goals to the inclusion of humanitarian and social goals such as family reunification, the admission of refugees, and the integration of immigrants.

During this period there was an awakening within Canada to the unequal treatment accorded to the two major language groups. During hearings conducted across the country, the Royal Commission on Bilingualism and Biculturalism was also awakened to the aspirations of ethnocultural communities other than British or French. Witnesses of eastern European origins from the Western provinces, in particular, argued that their forebears were the original settlers and that their contributions should be recognized. The Royal Commission arranged to have its mandate extended to allow it to examine not only the two major language groups, including the protection of cultural and linguistic rights, but the recognition of ethnocultural minorities.

The Report of the Royal Commission led to passage of the Official Languages Act in 1969 and to the announcement of Canada's first multiculturalism policy. It is at this point that Canada rejected a melting pot philosophy. The Canadians who had petitioned the Royal Commission, and many others, made it clear that they wanted to be free to choose to identify with or not to identify with their cultural origins. They insisted that it was both possible and desirable to strive for unity in diversity, where people are free to practice their own culture but have common values and institutions. They argued that a striving for ethnic identity should not be confused with a striving for a national identity. They proposed a model of "integration," or full participation which respects cultural heritage and promotes common citizenship values.

Canada's first multiculturalism policy was announced in Parliament in 1971. Its main aims were: to help minority communities to preserve and share their language and culture and to remove the barriers they faced to full participation; and to assist new immigrants in their adaptation process. The Multiculturalism Policy was the government's response to the democratic will of a sizeable segment of the Canadian population.

A newly established Multiculturalism Directorate took over existing programming relating to the long-term integration of immigrants and introduced programs to encourage cultural retention and sharing and to help Canadians appreciate the contributions made by people of diverse backgrounds to Canadian society. The principle of community consultation on policy and program development became firmly established.

Department of Justice

In order to better ensure a more equitable and accessible justice system, the federal Department of Justice conducts analyses of various departmental policy, litigation and programming activities, considering the needs of, and assessing the implications for different communities in Canadian society. To assist in the process, an Integrated Diversity and Equality Analysis Screen was developed in conjunction with provincial and territorial Attorneys General officials. This tool aids in determining the potential impact of justice proposals on Aboriginal people, persons with disabilities, the elderly, racial minorities, women, the poor, persons with low literacy levels, and other vulnerable groups. The Department is an active member of the Federal-Provincial Territorial Working Group on Diversity, Equality and Justice which is concerned with diversity and justice issues from an interjurisdictional perspective.

The federal Department of Justice, alone and in partnership with other departments and other levels of government, funds a number of programs and initiatives that support the Department's commitment to a more accessible, equitable, and efficient justice system that is sensitive to the diverse needs of the Canadian public. Activities that relate to the elimination of all forms of racial discrimination and to promoting understanding and tolerance among racial or ethnic groups would include the following:

Native Courtworker Program - an established federal-provincial/territorial program that enhances access to justice by helping Aboriginal persons involved in the criminal justice system obtain fair, just, equitable and culturally-sensitive treatment. Native Courtworker functions include helping justice system officials understand the cultures and socio-economic conditions of Aboriginal people.

Legal Studies for Aboriginal People (LSAP) - a program to promote equitable representation of Aboriginal people in the legal profession. Financial assistance is offered to Métis and non-status Indians who wish to attend law school.

Legal Aid Program - an established federal/provincial/territorial program that ensures access to legal aid services to needy individuals in conflict with the law. Within the context of the program, work is underway on identifying the needs of legal aid clients, including minority groups and Aboriginal people, with a view to targeting these needs and adapting services accordingly.

Diversity Education - The Department contributes financially to the National Judicial Institute (NJI) to support the continuing judicial education of judges. The Institute has been tasked with the development of a detailed and advanced social context education program for judges, that includes issues relating to gender equality, visible minorities and Aboriginals. Justice Canada, Canadian Heritage and Status of Women Canada have worked with NJI in developing a program that has been tested and well received by judges.

Grants and Contributions Fund - Applicants seeking funding for projects from this source are encouraged to demonstrate sensitivity and gender equality issues in order to prevent unequal impacts on women and men, and on members of diverse communities. The Department of Justice has funded a number of initiatives in recent years that advance these principles of accessibility. They include the following:

PROJECTS

Aboriginal Duty Counsel Services in New Brunswick

In 1998, funding was provided for a pilot project that was based on the principle that Aboriginal people should be provided with services that are sensitive to socio-cultural needs. The project was designed to promote and secure a link between the Micmac people and the criminal justice system.

Canadian Bar Association Working Group on Racial Equality

The Working Group was established to conduct a comprehensive examination of the legal profession and develop recommendations for a more aware and responsive legal profession. The Group focussed on issues relating to race, colour, national and ethnic origin, and the intersection of race with gender, age, religion, sexual orientation, disability and other forms of discrimination. The final report offers models and strategies for the implementation of key recommendations to address issues of racism and racial equality in the legal profession.

McGill School of Social Work (Montreal Consortium for Human Rights Advocacy Training)

Support was provided for a project designed to deal with barriers experienced by visible minority youth, economically disadvantaged youth, and their families who come into contact with the justice system. This was accomplished, in part, by providing public legal education, volunteer-driven community advocacy, and culturally relevant programming.

Social Context Education for the Judicial Programming

This project consisted in the development of a comprehensive and in-depth education program as endorsed by the Canadian Judicial Council and the Board of Governors of the Nations Judicial Institute. The program covers three components: gender equity, racial equity and Aboriginal justice.

Media Awareness Network (Réseau éducation-médias) Project: "Children on the Internet"

This project had three main components: education issues, safety and on-line marketing. The following issues were considered in the development of the project: children's privacy on-line; hate propaganda and recruitment on-line; on-line porn; and on-line stalking. Children on the Internet will be a resource for parents and teachers to help them understand these issues and to give them tools to assist young people to become "savvy surfers".

University of Windsor, Law Faculty Project

The project supported a multi-disciplinary roundtable that explores issues (such as social change, the evolving definition of law related need, and diversity of ways to meet emerging needs), regarding access to affordable and appropriate services to meet the law-related needs of a diverse public/community in 2020.

CONFERENCES

Canadian Association of Black Lawyers' Annual Conference (October 1998)

The Conference aimed at creating a forum to link Black lawyers nationally, enhance the quality of legal services offered to communities, broaden the representation and composition of the judiciary to be more reflective of the Canadian society, and increase access to justice.

International Conference - "Hate, Genocide & Human Rights: Fifty Years Later" (January 1999)

Topics discussed at this conference hosted by McGill University in Montréal, included: the "Universal Declaration of Human Rights and the Genocide Convention Fifty Years Later", "Hate Speech, Hate Crimes, Genocide", "Early Warning: The Obligation to Warn - The Duty to Act".

"Litigating the Values of a Nation" (November 1998)

This conference sponsored by the University of McGill allowed for the sharing of information relating to the Canadian experience under the Charter of Rights with a view to promoting a Charter - and culture - of rights in Israel. Participants at the conference discussed such issues as "Litigating the values of a nation: principles and perspectives" and "Equality Rights: Gender, Minorities and Multiculturalism".

"Linking the Domestic and the International Human Rights Into the 21^st Century" (October 1998)

Organized by the University of Toronto, Faculty of Law, the conference was designed to seek, identify and explore emerging and challenging human rights issues and to explore future legal and policy directions, particularly directions where academic, non-governmental organizations and government can work together.

2. Provincial and Territorial Governments

Alberta

Access to the Legal Aid systems in place, and the rights of persons charged with offences, are completely unaffected by racial considerations - viz., they are colour blind.

The Supreme Court of Canada has taken steps to ensure that jurors selected in Canada will not harbour racist attitudes towards the accused persons in R. v. Williams (Victor Daniel) [June 4, 1998] 1 S.C.R. 1128, 124 C.C.C. (3d) 481, 15 C.R. (5th) 227, 107 B.C.A.C. 1, 174 W.A.C. 1, 226 N.R. 162, [1999] 4 W.W.R. 711 (S.C.C. No. 25375) and other appeals courts have also spoken in this way. The process of jury selection for criminal cases has also been affected by decisions of various courts of appeal. Crown Prosecutors and judges in Alberta would, of course, be expected to comply with the law as thus specified.

The Supreme Court of Canada has also recently rendered a decision called R. v. Gladue (Jamie Tanis), [April 23, 1999] 1 S.C.R.688, 133 C.C.C. (3d) 385, 121 B.C.A.C. 161, 198 W.A.C. 161, 238 N.R.1, [1999] S.C.J. No. 19 (QL) (S.C.C. No. 26300) from (October 24, 1997) 119 C.C.C. (3d) 481, 11 C.R. (5th) 108, 98 B.C.A.C. 120, 161 W.A.C. 108, [1997] B.C.J. No. 2333 (QL) (B.C.A.A. No. CA022970). In that decision, the Court interpreted s. 718.2(e) of the Criminal Code which imposes on courts the duty of considering the particular position of Canada's Aboriginal people and the offender if Aboriginal, in particular when imposing sentences on conviction. The Supreme Court of Canada made it clear, however, that this provision was part of an overall effort to keep punishments down where that could reasonably happen, and was not a racist enhancement designed to work an injustice favourable to Aboriginal people. On the contrary, it was yet another effort to attempt to ensure that other disadvantages that might exist for Aboriginal people who came into conflict with the law were not exacerbated by the criminal law process itself. In one sense, the provision may be thought to be in the nature of affirmative action, but it is intended to work towards balancing the system and its fairness level, not unbalancing it.

In Alberta, the Court and the prosecutors respect the decision in Gladue and the terms of s. 718.2(e), and that proceedings as to sentence where the issue arises are addressed with sensitivity. Beyond this, the Crown Prosecutors are working in harmony with other organizations to take advantage of Aboriginal sentencing initiatives such as sentencing circles and local justice committees. There is considerable interest in adapting some of the better ideas that emerge from that inheritance so as to benefit the administration of criminal justice generally - in other words, for non-aboriginal offenders also.

Racism in the application of policies or standards of Crown prosectors and police forces and corrections officers would be responded to an rooted out vigorously in this province. Such conduct would not only be considered reportable and unethical, it would probably lead to serious administrative punishments against Crown prosecutors, police forces and corrections officers. Crown prosecutors would face not only punishment through their Ministries, but also direct censure and punishment through the Law Society of Alberta in their capacities as lawyers.

The Ministry of Justice has also taken a progressive view towards providing courses to explain the subtler elements of racist and similar conduct so as to diminish the risk of unintended offensive behaviour. The Law Society has also approached the point similarly with respect to lawyers under this jurisdiction. Accordingly, to the extent that Crown prosecutors and police or corrections officers might affront, intentionally or otherwise, equality rights, there are internal mechanisms in place to educate and prevent, and, if necessary, to sanction. Racist conduct of a serious sort would lead to very serious sanctions.

Following approval by Cabinet in July 1999, the Honourable Pearl Calahasen, Associate Minister of Aboriginal Affairs within the Ministry of International and Intergovernmental Relations, recently initiated consultations with Aboriginal governments and organizations on a proposed Aboriginal policy framework for the Government of Alberta. The proposed policy framework has three overriding objectives. These are: improving socio-economic conditions; respecting the rights of Aboriginal people in resource development; and clarifying roles of governments, can all contribute to reducing discrimination.

International and Intergovernmental Relations has been co-hosting, along with Aboriginal organizations and the Canadian Association of Petroleum Producers, a series of community/industry workshops intended to improve awareness and lay the foundation for increased employment and business opportunities.

Nova Scotia

A Tripartite Forum has been established which consists of representatives of the federal and provincial governments and the Nova Scotia Aboriginal community.

A Multicultural Training Course for criminal justice workers in the Province of Nova Scotia has been initiated. The intent of the course is to assist police and correctional personnel in Nova Scotia to develop a basic understanding of other cultures and values, and to assist them in the normal discharge of their duties in a multicultural environment.

There are currently two Black judges serving in Nova Scotia. The Family Court appointment was made in 1986 and the Provincial Court appointment in 1996.

The Review Board of Nova Scotia Police Commission is comprised of a Chairperson, Alternate Chairperson, a Member and four Alternate Members. Since 1993, a representative from the Black community and a representative from the Aboriginal community have been serving on the Review Board as Alternate Members.

In 1994, the Union of Nova Scotia Indians, with provincial and federal support, developed the Mi'kmaq Young Offender Project. This ongoing initiative combines existing alternate sentencing measures with a restorative justice model that incorporates the Mi'kmaq legal traditions of healing and community resolution.

The published reports of the Law Reform Commission of Nova Scotia have included summaries in the Mi'kmaq language since 1992.

The Unama'Ki Tribal Police, an Aboriginal police force serving the Unama'Ki communities, commenced operations in October 1994.

In 1986, a Royal Commission inquired into the circumstances that led to the wrongful murder conviction of Donald Marshall, Jr., a Mi'kmaq Indians. The federal and provincial governments continue to address the Royal Commission's 82 recommendations.

Prince Edward Island

See previous comments regarding the Prince Edward Island Human Rights Act. Also, the Elections Act provides political rights without consideration of race or colour. Similarly, the School Act does not discriminate; such discrimination would violate the Human Rights Act.

d) In the light of article 6 of the International Convention on the Elimination of All Forms of Racial Discrimination, what remedies exist for persons whose rights have been violated and what evidence is there to consider that these protections are effective (for example, number of successful court cases, decrease in reports of racial crimes)?

1. Government of Canada

Solicitor General Canada - Correctional Service of Canada (CSC)

Canada human rights framework provides offenders who allege human rights violations with meaningful internal and external remedies. The Corrections and Conditinal Release Act (CCRA) requires complete and unprejudiced access to a fair and expeditious internal grievance resolution process. In addition to internal review procedures, offenders, like any other Canadian citizen, may complain or appeal to the courts or non-judicial controls, such as the Office of the Privacy Commissioner, the Office of the Information Commissioner, the Official Languages Commissioner, or the Canadian Human Rights Commission. These non-judicial controls can be characterized as being independent of the government and "ombudsman-like" in function. They are not part of the court system, but each office performs specific duties, which involved the monitoring of government action in some way.

Federally sentenced offenders may complain to the Correctional Investigator (CI), who is independent from the CSC and reports to the Solicitor General of Canada, and can be characterized as a prison Ombudsman. Appointed by the Governor in Council, the primary function of the CI is to conduct investigations into the problems of offenders related to decisions of CSC officials.

2. Provincial and Territorial Governments

Alberta

The situation of Albertans can possibly be exemplified by the reaction over time to the prosecution of teacher James Keegstra for what he taught in school against Jewish people. Whereas he taught in an environment where not that many knew what he was teaching, and most of those who did were unsure what to do about it, the protracted legal proceedings over a period of years operated not to provide him with an effective soapbox for his views but the opposite.

One could detect that the weight of public opinion shifted very much against him over the years as people found out what he had been saying and that his theories were categorically rejected by the public. High school students in the modern era would react quite strongly against a teacher who tried to foment such hatred. The students he had 20 years ago were somewhat captives to his fulminations, but that sort of insulated power of teachers would no longer be accepted in Alberta. Few people in Alberta could be accused of supporting such ideologies even back then, but there was probably less awareness of the existence of people like teach Keegstra and of the danger they represented in the general public then.

As a consequence, the publicized and expensive prosecution of Mr. Keegstra probably has had an educative effect and positive influence on the public discourse and attitudes in Alberta. Moreover, all forms of education have been increasingly geared towards open examination of the benefits and wisdom of tolerance and of the explanation of differences in culture and the like.

Drawing from this anecdotal experience, a more general proposition seems to emerge, namely that progress has been made and that there is a significant benefit to an open and free society where such attitudes are not simply suppressed without discussion but are demonstrated to be wrong and eliminated by persuasion. One has to give some credit to the media in Canada for the dissemination of information also.

Prince Edward Island

A person who alleges that they were discriminated against may file a complaint with the Human Rights Commission. The Commission will investigate the complaint, and assist the parties on reaching a solution. The Commission has the authority to order a legally binding remedy following a hearing by a panel of the Commission.

e) Indicate what independent national institutions are charged with the prevention of racism, racial discrimination, xenophobia and related intolerance and/or investigation if such cases exists? Please specify their mandates.

1. Government of Canada

Canadian Race Relations Foundation(CRRF): The CRRF serves as a centre of excellence on race relations in Canada. It was established by the Government of Canada and received a one-time endowment of Cnd $24 million from the Government of Canada. The Foundation is a Crown Corporation, at arm's length from the government and its directors and employees are not part of the federal Public Service.

The mandate of the Foundation is:

• to undertake research, collect data and develop a national information base to further an understanding of the nature of racism and racial discrimination;

• to act as a clearing-house for information about race relations resources;

• to establish links with public, private and educational institutions and libraries;

• to provide information in support of effective race relations training and the development of professional standards; and,

• to disemminate information to increase public awareness of the importance of eliminating racism.

Solicitor General Canada

The Royal Canadian Mounted Police (RCMP) Public Complaints Commission (PCC) provides the public with a mechanism whereby complaints regarding the conduct of members of the RCMP can be reviewed in an open, independent and objective manner. The PCC provides information to the public regarding its existence and mandate, reviews complaints from the public regarding the conduct of members of the RCMP in the performance of their duties, investigates complaints, holds public hearings to inquire into complaints, prepares reports, including findings and recommendations, and conducts research and policy development to improve the public complaints process. The Chairman submits to the Minister an annual report of the activities of the Commission and its recommendations, if any, for tabling before both Houses of Parliament.

Canadian Human Rights Commission

Information on the Canadian Human Rights Commission can be found under question 15.

2. Provincial and Territorial Governments

Human rights agencies have been established in most jurisdictions. The main function of these agencies is the investigation and resolution of alleged violations of the rights guaranteed in the legislation (provincial/territorial human rights codes/acts). In addition, they are generally mandated to carry out educational programs and research, to elaborate and/or approve affirmative action programs and any other program that might be required by the enabling legislation.

Prince Edward Island

The Prince Edward Island Human Rights Commission appointed by the Legislature is tasked with administering the Human Rights Act - the enforcement mechanism is completely in the hands of the Commission.

f) Indicate what training and supervision is undertaken to prevent racial discrimination by law enforcement officials, judicial officers and prison officials?

1. Government of Canda

Solicitor General Canada

Recruitment and selection process use specific criteria to determine if a potential candidate has the values and ethics sought by Correctional Services Canada (CSC). The Correctional Training Program (CTP 2000) includes core training in the following areas: Working in Diversity, Harassment Awareness, and Cultural Awareness. This training aims to increase the participant's sensitivity to diversity in staff and offender interactions and encourages new recruits to explore diversity through the examination of cultural values and beliefs and to generate strategies to appropriately handle situations involving cultural friction. Anti-harassment training is mandatory for all recruits and aims to educate participants of informal and formal harassment procedures.

CSC Commissioner's Director 255 (Harassment and Other Forms of Discrimination in the Workplace) aims to prove workplace harassment and other forms of discrimination. The policy provides corrective measures that can be involved should staff members conduct their duties in less than a professional manner. The rights and responsibilities of all parties involved in the harassment complaint process are clearly articulated in the harassment policy. Specifically, managers and supervisors are required to put a stop to any harassment or other forms of discrimination that they are aware or made aware of by employees and put in place immediate measures to prevent its recurrence. Failure to comply with relevant legislation or Commissioner's Directives, including abusive verbal, physical or sexual harassment, may violate the Service's Standards of Professional Conduct and result in a number of penalties, up to and including termination of employment.

The First Nations Policing Policy enables the federal government to negotiate with provinces and territories and First Nations tripartite agreements to establish First Nations police services that are professional, effective, culturally-sensitive and responsive to the particular needs of the community. These agreements provide for mechanisms for impartial and independent review of allegations of improper exercise or police powers and violations of codes of conduct.

In addition, the federal government and its partners are developing a training initiative to strengthen the accountability and managerial capacity of First Nations' self-administered police services and their governing bodies. Strong accountability mechanisms, in particular, are considered essential to building the confidence and trust of a community in their police service.

As a law enforcement organization, all employees of the Royal Canadian Mounted Police receive ongoing anti-harassment training.

Citizenship and Immigration Canada

Guidelines covering the policies of the Citizenship and Immigration Canada (CIC) aimed at ensuring that individuals' rights are protected are found in various departmental publications including the Enforcement Control Manual of the Immigration Series (which is available for purchase by the public), the Respectful Workplace chapter of the Human Resources Manual and the Code of Conduct.

In 1998, CIC conducted a workshop on Values and Ethics for Enforcement Officers and, as a follow up, the Department is developing a values and ethics training component for the Enforcement Officers' training programs.

Two department-wide training courses exist on multiculturalism: Cross-cultural Training and Cultural Profile.

In early 1990, a mandatory course on Multiculturalism was given to all employees of the Department.

Anyone dealing with the Department who feels they have been discriminated against may file a complaint with the Canadian Human Rights Commission.

Immigration laws and regulations in Canada are subordinated to the principle established in s. 15 (1) of the Canadian Charter of Rights and Freedoms; the Federal Court and the Supreme Court of Canada can review and quash decisions made under the Immigration Act, 1976 if they are found to be contrary to the Charter.

Visitors and Permanent Residents found guilty under the Canadian Criminal Code of Hate Propaganda crimes (advocating genocide, public incitement to hatred, willful promotion of hatred) are inadmissible to Canada (A 19(2)(a)) and may be requested to leave Canada.

2. Provincial and Territorial Governments

Alberta

As Aboriginal persons are the largest visible minority group represented in the correctional population in Alberta, the Correctional Services Division enrolls all staff in the Aboriginal Awareness program offered by the Department of Justice Staff College. All staff is additionally enrolled in the Positive Workplace Program offered at the Staff College, where one component focuses on respect in the workplace. Additionally, induction training for Correctional Officers teaches a component on Ethics, which touches on issues of personal dignity and respect.

g) Considering that women are often at an additional disadvantaged position, what steps have been taken to ensure their equal enjoyment of the rights outlined above?

1. Government of Canada

Canada's National Response to the UN Questionnaire on Implementation of the Beijing Platform for Action should be consulted for additional information.

Department of Canadian Heritage

Family Violence Initiative, 1997 - 2002: The Multiculturalism Program, Canadian Heritage is a partner in the federal government Family Violence Initiative, the aim of which is to reduce violence against women, children and older adults. The Program has Cnd $215K/year to get family violence prevention information to people in ethnic and visible minority communities that do not speak English or French and therefore are not reached by other outreach programs. (Statistics Canada figures indicate that 10% of Canadians have a home language other than English or French).

Information is being delivered in heritage languages through programs on ethnic broadcast media, and also through non-official language articles in ethnic print media. Several television programs include an interview with Secretary of State and with Members of Parliament who are themselves from ethnic communities and fluent in a non-official language.

The Program is also working with CFMT-International, Canada's largest multilingual broadcaster, on a public service announcement in 16 languages. The Public Service Announcement will make the point that conflict in families has a very serious and long-term impact on children.

The program's approach to family violence prevention in ethnic communities builds on lessons learned from past Multiculturalism Program work on family violence prevention, e.g. that:

• wife, child and elder abuse are as serious a problem in ethnocultural communities as in the wider community, although they are less likely to be acknowledged as problems;

• members of ethnocultural communities, especially those who don't speak English or French fluently, lack information about Canadian laws relating to family violence and the negative consequences of family violence for perpetrators and their families;

• information for ethnocultural communities is most useful and effective when it is delivered in the first languages of communities by people that community members know and trust (e.g. medical practitioners, religious leaders, community workers).

Solicitor General Canada

The provisions previously noted regarding Correctional Service Canada (CSC) apply equally to women. Correctional policies, programs and practices must respect gender differences and be responsible to the special needs of women offenders. Discrimination on the basis of gender is specifically prohibited in CSC's harassment policy and the issue is discussed with the offenders during their intake period.

Historically, the small number of federally sentenced women offenders resulted in institutional placements that were often far removed from their home community. Up to 1994, there was only one federal women's prison in the country. Heightened security designations and limited access to programs and services as compared to their male prison counterparts were additional disadvantages women offenders faced in the federal correctional system. To address these disadvantages, four federal regional women's institutions housing minimum and medium security offenders have been opened across the country over the past five years. There is also one Healing Lodge which accommodates, for the most part, Aboriginal women. Staff who work at women's facilities receive extensive women-centre training.

A strategy was recently announced which will see maximum security women returned from separate units in men's facilities to the regional institutions within two years. Staff and offender peers will work to promote the expectation of respect with this group during their transition to the regional facilities.

In compliance with federal employment equity legislation, CSC promotes the integration of women staff in the workplace through succession planning, special assignments, training, promotion, mentoring and career development opportunities. CSC policy also recognized that pregnant correctional officers need lighter duties.

Research related to female criminogenic factors, substance abuse program for women offenders, mother-child programs, and preventing violence and crime directed at women are other ways that CSC seeks to apply gender-sensitive research, knowledge and expertise to improve the conditions and treatment of federally sentenced women offenders.

2. Provincial and Territorial Governments

Nova Scotia

In 1994, the Nova Scotia Advisory Council on the Status of Women consulted women's organizations in the province on establishing diversity on the Council board and staff. The result was five of the seven new appointments to the Council were from racially visible groups. Since these 1994 appointments, the Council has been working to ensure that all projects of the Council are more inclusive, as reflected in its first goal: "To increase the participation of women in all their diversity in decisions that affect their lives, families and communities, with particular emphasis on those who face discrimination because of race, age, language, class, ethnicity, religion, disability, sexual orientation, or various forms of family status.

Prince Edward Island

Pay Equity has been implemented in Prince Edward Island.  Discrimination based on sex is prohibited by the Human Rights Act.

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