Presentation of Canada's 5th report to the Human Rights Committee
HOD Opening Statement
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Introduction
On behalf of Canada, I am pleased to present our Fifth Report to the Human Rights Committee today. This report describes significant measures taken to implement the International Covenant on Civil and Political Rights during the period of January 1995 to April 2004. In this statement, I will provide a brief overview of recent developments and highlight information that can be found in our report and our written response to the issues raised by the Committee. We welcome this opportunity to discuss implementation of the Covenant with the Committee, and we will endeavour to respond to any additional questions the Committee may have.
I would like to mention the close collaboration that took place between the federal government and the governments of the provinces and territories in preparing Canada's report. I would like to note as well that we also sought input from non-governmental organizations on the issues to be covered in Canada's report. Further, the Canadian delegation met with interested national non-governmental and Aboriginal organizations early last week to ensure that they were aware of Canada's appearance before you today and to give them an opportunity to share their views with us directly. I would like to thank them for their work in advancing and promoting human rights in Canada.
To begin, I would like to cite Canada's Governor General who, in the October 2004 Speech from the Throne, underlined that "what makes our communities work is our deep commitment to human rights and mutual respect. The Government is committed to these values." The Prime Minister, Mr. Paul Martin, in his reply to the Speech, said: "Let us understand that within our Charter of Rights are enshrined our basic freedoms – and we as a nation of minorities must never allow these fundamental rights to be compromised if we are to protect our national character and our individual freedom."
I will now address main developments in a number of areas addressed by the Covenant: equality and non-discrimination; the right to life and the prohibition of torture; the rights to liberty and security of the person and the judicial system; the freedoms of religion, expression, association and political rights; minority rights, and effective remedies. I will also address steps taken to ensure the enjoyment of rights by Aboriginal Canadians.
1) Equality and non-discrimination
The Canadian Charter of Rights and Freedoms protects the right to equality before and under the law and to the equal protection and equal benefit of the law without discrimination. The Charter's Rights and Freedoms are guaranteed equally to men and women.
The purpose of the equality guarantee is to prevent the violation of essential human dignity and freedom through the imposition of disadvantage, stereotyping, or political or social prejudice, and to promote a society in which all persons enjoy equal recognition at law and who are equally deserving of concern, respect and consideration. It is not just "formal" equality but substantive equality.
Over the last few years, Canada has made significant progress with respect to various equality and non-discrimination laws and policies. The Civil Marriage Act, which received Royal Assent on July 20, 2005, extends equal access to civil marriage to same-sex couples while respecting religious freedom. In enacting this legislation Parliament provided uniformity of law across the country, responding to the concern of same-sex partners who wanted to ensure that equal legal protection would be available to their family members. The Act represents the commitment of the Government of Canada to equality for all Canadians as guaranteed by the Charter, and the equal commitment to upholding religious freedom, as the Government first asked the Supreme Court of Canada to clarify that the religious beliefs of religious groups and officials would be constitutionally protected.
In 2000, the Government of Canada enacted the Modernization of Benefits and Obligations Act, extending 68 federal laws to common-law opposite-sex and same-sex couples. Federal benefits and obligations available to children of married couples were similarly extended under this Act to children of common-law partners, both opposite-sex and same-sex.
Canadian women have made many gains in achieving equality. Building upon the foundations of the Federal Plan for Gender Equality (1995-2000), the Government of Canada, in 2000, approved the Agenda for Gender Equality, a government-wide, multi-year strategy to ensure that gender equality becomes a reality for Canadian women. Last fall, a new federal Standing Committee on the Status of Women was created, and it has already increased public attention to issues of gender equality and made recommendations that help us move forward. Its work will continue and will add to the results of consultations currently under way with non-governmental organizations, the purpose of which is to inform the development of a new federal strategy on gender equality for the coming years.
In 2002, Canada acceded to the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women. This accession demonstrates Canada's commitment to providing women with avenues to better guarantee respect of their rights.
2) Right to life and the prohibition on torture
Section 7 of the Canadian Charter of Rights and Freedoms provides a constitutionally entrenched right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.
Risk to life constitutes an express ground for protection under the Immigration and Refugee Protection Act, which came into effect in 2002. The Immigration and Refugee Protection Act also enables people to apply for permanent residence on humanitarian and compassionate grounds. Right-to-life issues may be considered as part of this process, even where they have been unsuccessfully raised earlier in the process. Risk of torture or cruel and unusual treatment or punishment are also grounds for conferring protection pursuant to the Immigration and Refugee Protection Act.
Protection of vulnerable persons against violence
Eliminating systemic violence against women and children is a priority for the Government of Canada. Over the past few decades the federal, provincial, territorial and municipal governments, as well as community organizations, have implemented a wide range of interventions, including legislative, policy and support services, to respond to spousal and family violence. These interventions run along a continuum that includes criminal and civil legislation, procedural protections, charging and prosecution for spousal abuse, and the development of victim support, shelters, specialized domestic violence courts, action plans, interagency committees and programs for child witnesses of spousal violence.
Any and all violence against women is unacceptable in our society; in particular the high rates of violence against Aboriginal women highlight an urgent problem that demands government action. Canada is committed to working in collaboration with Aboriginal women, including First Nations, Inuit and Métis to address this challenge, through the Sisters in Spirit (SIS) initiative, which will be discussed further in our response to the List of Issues raised by this Committee. This initiative will help to advance the Government's commitment to Aboriginal people, gender equality and human rights.
Bill C-2, An Act to Amend the Criminal Code (Protection of Children and Other Vulnerable Persons) and the Canada Evidence Act, which received Royal Assent on July 20, 2005, enhances existing provisions in the Criminal Code and the Canada Evidence Act to facilitate the participation of vulnerable victims and witnesses – for example, by allowing not only children but also vulnerable adults to apply for testimonial aids, such as screens and support persons, or to testify by closed-circuit television.
On May 12, 2005, the Minister of Justice tabled Bill C-49, An Act to amend the Criminal Code (trafficking in persons), which would create new indictable offences that specifically address human trafficking, such as prohibiting anyone from engaging in specified acts for the purpose of exploiting or facilitating the exploitation of a person. Bill C-49 represents a key component of ongoing work of the Government of Canada to combat human trafficking, including the development of a federal strategy on the prevention of trafficking, the protection of victims, and the prosecution of offenders.
Last month, Canada ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. By ratifying the Optional Protocol, and through other measures, the Government of Canada is reaffirming its commitments to protect children from harm in Canada and abroad.
3) Security, liberty of the person and the judicial system
Respect for human rights in countering terrorism
Canada sees no contradiction between protecting security and protecting human rights. The Anti-terrorism Act – enacted after September 11, 2001 to provide additional tools to deter, disable, and prosecute terrorists – was carefully tailored to respect the Charter. It contains rigorous safeguards that address both the need to protect the nation from security threats and the need to respect individual rights and freedoms, including requirements for annual reports, "sunsetting" of particular provisions, and a requirement that a committee or committees of Parliament begin a "comprehensive review of the provisions and operation of the Act" within three years of the coming into force of the Act.
Two separate reviews are under way – one in a House of Commons subcommittee and the other in a Senate committee. The Government looks forward to receiving and replying to their reports. As well, in order to reach out to communities that may feel adversely affected by the struggle against terrorism, the Government, as part of its national security policy, has created a Cross-Cultural Roundtable on Security to engage Canadians in an ongoing dialogue on national security in a diverse and pluralistic society. Also, the national security policy announced the creation of the Advisory Council on National Security, whose members were appointed in August 2005. The Council will work with the National Security Advisor to the Prime Minister to provide advice to the Deputy Prime Minister and the Cabinet Committee on Security, Public Health and Emergencies on national security issues.
4) The freedoms of religion, expression, association, and political rights
As detailed in Canada's report, Canadian courts are active in protecting constitutionally guaranteed freedoms of religion, expression, and association. The report also describes legislative and other measures the Government has taken to promote the equal participation of all groups within Canadian society in the democratic process and to ensure the impartiality of, and equal access to, the public service. The courts have also actively enforced constitutional guarantees of political participation, including by prisoners. I would also note the work of Ontario in establishing a Democratic Renewal Secretariat to engage the people of Ontario in dialogue on democracy, civic responsibility and to promote reform to government institutions.
5) Minority rights
The Supreme Court of Canada has stated that the protection of minorities is an underlying constitutional principle.i The Supreme Court recently reiterated that an important feature of the Canadian constitutional democracy is respect for minorities, including religious minorities.ii
In March 2003, the Government announced an action plan for the official languages of Canada (English and French), including investments of more than $750 million over five years in three priority areas: education, community development, and the public service.
Despite advances, we have witnessed incidents of hate crimes in Canada in recent years. On March 21, 2005, the Government released a five-year Action Plan against Racism, entitled Canada for All. Building on Canada's existing legal framework, and on policies and programs currently in place, the Action Plan establishes a horizontal approach across federal departments and agencies and outlines a significant number of new and continuing commitments to combat racism. The Action Plan is organized into six areas identified as key priorities. These are: (1) assisting victims and groups vulnerable to racism and related forms of discrimination; (2) developing forward-looking approaches to promote diversity and combat racism; (3) strengthening the role of civil society; (4) strengthening regional and international cooperation; (5) educating children and youth on diversity and anti-racism; (6) countering hate and bias. It includes major initiatives to address race-based issues in the justice system and the needs of victims and perpetrators of hate crimes.
In 2003 Quebec also adopted an action plan entitled "Shared Values, Common Interests"; some 38 new measures have been developed to ensure implementation of the Action Plan. In the area of intercultural relations, in particular, Québec's objectives are to increase acceptance of diversity by encouraging intercultural dialogue and closer relations, and to combat racial discrimination and intercommunity tensions.
Ensuring the enjoyment of rights by Aboriginal Canadians
One of the main human rights challenges facing Canada is ensuring the full and equal enjoyment of all human rights by Aboriginal Canadians. According to socio-economic indicators, Aboriginal Canadians remain far behind non-Aboriginal Canadians. In an effort to promote collaboration, a meeting of the Prime Minister, members of the Cabinet Committee on Aboriginal Affairs, and the leaders of five national Aboriginal organizations was held in May 2005. National Aboriginal organizations signed agreements with the Government of Canada regarding their full partnership in the development of Aboriginal policy with a view to ensuring that First Nations, Métis and Inuit people can take their place in the federation and exercise greater control over their lives. I would also like to note the ongoing work of the provinces in this area too: for example, the Saskatchewan Government, which is represented on the delegation today, recently released an Action Plan in response to the recommendations of the Commission on First Nations and Métis Peoples and Justice Reform: Creating a Healthy, Just, Prosperous and Safe Saskatchewan.
In November 2005, the Prime Minister, and provincial and territorial premiers will meet with the leaders of the National Aboriginal Organizations to work on issues identified over the last year.
The Constitution recognizes and affirms the existing treaty and Aboriginal rights of the Aboriginal peoples of Canada. The Government has developed policies and is engaged in negotiating agreements with Aboriginal communities to resolve land claims, to implement Aboriginal rights and to provide for Aboriginal self-government. This will facilitate the enjoyment of rights by Aboriginal Canadians.
Since Canada last appeared before this Committee in 1999, five comprehensive land claims have been settled, and four self-government agreements have been negotiated under the Inherent Right Policy.
Comprehensive land claims agreements define a wide range of rights, responsibilities and benefits, including ownership of lands, fisheries and wildlife harvesting rights, participation in land and resource management, financial compensation, resource revenue sharing and economic development projects. Settlements are intended to ensure that the interests of Aboriginal groups in resource management and environmental protection are recognized and that claimants share in the benefits of development. Self-government agreements allow for law-making powers with respect to matters that are internal to their communities and integral to their unique cultures, identities, traditions, languages and institutions, with respect to their special relationship to their land and their resources.
In a 2003 decision, the Supreme Court ruled for the first time that a Métis community possessed a constitutionally protected Aboriginal right to hunt and fish. To clarify the long-term implications of the Supreme Court's decision, federal, provincial and territorial governments, along with Métis organizations and other stakeholders, are working toward a common understanding of the issues involved. Various consultations and initiatives are under way.
The overrepresentation of Aboriginal people in the criminal justice system is an area of concern. Research by Correctional Service Canada and others has indicated that connecting with their Aboriginal identity is an important factor for Aboriginal people who have been involved in the criminal justice system. Among the initiatives launched by Canada to address the issues are: the Youth Justice Renewal Fund which supports community-based options under the Youth Criminal Justice Act, and which has resulted in very significant reductions in the number of Aboriginal and other youths in custody; the Aboriginal Justice Strategy designed to reduce crime and incarceration among Aboriginal people; participation in research and outreach into the effects of the Anti-terrorism Act on ethno-cultural communities; and the Aboriginal Courtworker Program, developed to assist in ensuring fair and culturally sensitive treatment.
6) Effective remedies to protect the rights contained in the Covenant
Every person in Canada can apply to the courts for a remedy for any violation of the Canadian Charter of Rights and Freedoms, which, as part of the Constitution of Canada, is part of the supreme law of the land, and guarantees rights similar or equivalent to the Covenant.
The Government is also taking steps aimed at further enhancing the Canadian Human Rights Commission's broad mandate to provide adequate remedies. The Commission introduced new process reforms in May 2003. The reforms have improved the complaint process resulting in reduced process times and more consistent decision-making.
Conclusion
Finally, we wish to express our appreciation for the work of this Committee, whose role in monitoring implementation of the Covenant by State Parties is indispensable in ensuring the full and effective enjoyment of civil and political rights. Canada is also committed to extending human rights and human security throughout the world.
We will begin this dialogue by addressing the List of Issues the Committee sent to the Government of Canada. The answers will be given by members of the delegation within their respective areas of expertise. We will then be pleased to take any additional questions that the members of the Committee may have.
Thank you.
iReference re Secession of Quebec, [1998] 2 S.C.R. 217.
iiSyndicat Northcrest v. Amselem, 2004 SCC 47. The Court referred to its earlier decision on that point in Reference re Secession of Quebec, [1998] 2 S.C.R. 217.
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