International Covenant on Civil and Political Rights
Human Rights Committee Sixty-fifth
session
CCPR/C/79/Add.105 7 April 1999 Original:
English
Consideration of reports submitted by States parties under article
40 of the Covenant Concluding observations of the Human Rights
Committee
CANADA
1. The Committee considered the fourth periodic report of
the Government of Canada (CCPR/C11 03/Add.5) at its 1737th and, 1738th meetings
(CCPR/SR. 1737-173 8), held on 26 March 1999, and adopted the following
concluding observations at its 1747th meeting (CCPR/C/SR. 1747), held on 6
April 1999.
A. Introduction
2. The Committee welcomes the comprehensive fourth periodic
report as well as the additional written information covering the period since
the submission of that report. The Committee expresses its appreciation for the
presence of the large delegation representing the Government of Canada and for
the frank and forthright replies furnished by the delegation to the issues
raised by the Committee. However, the Committee is concerned that the
delegation was not able to give up-to-date answers or information about
compliance with the Covenant by the provincial authorities.
B. Principal positive aspects
3. The Committee welcomes the delegation's commitment to
take action to ensure effective follow-up in Canada of the Committee's
concluding observations and to further develop and improve mechanisms for
ongoing review of compliance of the State party with the provisions of the
Covenant. In particular, the Committee welcomes the delegation's commitment to
inform public opinion in Canada about the Committee's concerns and
recommendations, to distribute the Committee's concluding observations to all
members of Parliament and to ensure that a parliamentary committee will hold
hearings of issues arising from the Committee's observations.
4. The Committee welcomes the final report of the Royal
Commission on Aboriginal Peoples and the declared commitment of federal and
provincial governments to work in partnership with aboriginal peoples to
address needed reforms.
5. The Committee commends the Government of Canada in
regard to the Nunavut land and governance agreement of the Eastern Arctic.
6. The Committee welcomes the implementation of the
Employment Equity Act, which entered into force in October 1996, establishing a
compliance regime that requires federal departments to ensure that women,
persons belonging to aboriginal and visible minorities and disabled persons
constitute a fair I.:)art of their workforce.
C. Principal areas of concern and
recommendations
7. The Committee, while taking note of the concept of
self-determination as applied by Canada to the aboriginal peoples, regrets that
no explanation was given by the delegation concerning the elements that make up
that concept, and urges the State party to report adequately on implementation
of article I of the Covenant in its next periodic report.
8. The Committee notes that, as the State party acknowledged,
the situation of the aboriginal peoples remains "the most pressing human rights
issue facing
Canadians". In this connection, the Committee is particularly concerned that
the State party has not yet implemented the recommendations of the Royal commission
on Aboriginal Peoples (RCAP). With reference to the conclusion by RCAP that
without a greater share of lands and resources institutions of aboriginal
self-government
will fail, the Committee emphasizes that the right to self- determination requires,
inter alia, that all peoples must be able to freely dispose of their natural
wealth and resources and that they may not be deprived of their own means of
subsistence (art. 1, para. 2). The Committee recommends that decisive and
urgent
action be taken towards the full - implementation of the RCAP recommendations
on land and resource allocation, The Committee also recommends that the practice
of extinguishing inherent aboriginal rights be abandoned as incompatible with
article I of the Covenant.
9. The Committee is concerned with the inadequacy of
remedies for violations of articles 2, 3 and 26 of the Covenant. The Committee
recommends that the relevant human rights legislation be amended so as to
guarantee access to a competent tribunal and to an effective -remedy in all
cases of discrimination.
10. The Committee is concerned that gaps remain between the
protection of rights under the Canadian Charter and other federal and
provincial laws and the protection required under the Covenant, and recommends
measures to ensure full implementation of Covenant rights. In this regard the
Committee recommends that consideration be given to the establishment of a
public body responsible for overseeing implementation of the Covenant and for
reporting on any deficiencies.
11. The Committee is deeply concerned that the State party
so far has failed to hold a thorough public inquiry into the death of an
aboriginal activist who was shot dead by provincial police during a peaceful
demonstration regarding land claims in September 1995, in Ipperwash. The
Committee strongly urges the State party to establish a public inquiry into all
aspects of this matter, including the role and responsibility of public
officials.
12. The Committee is concerned that homelessness has led to
serious health problems and even to death. The Committee recommends that the
State party take positive measures required by article 6 to address this
serious problem.
13. The Committee is concerned that Canada takes the
position that compelling security interests may be invoked to justify the
removal of aliens to countries where they may face a substantial risk of
torture or cruel, inhuman or degrading treatment. The Committee refers to its
General Comment on article 7 and recommends that Canada revise this policy in
order to comply with the requirements of article 7 and to meet its obligation
never to expel, extradite, deport or otherwise remove a person to a place where
treatment or punishment that is contrary to article 7 is a substantial risk.
14. The Committee expresses its concern that the State
party considers that it is not required to comply with requests for interim
measures of protection issued by the Committee. The Committee urges Canada to
revise its policy so as to ensure that all such requests are heeded in order
that implementation of Covenant rights is not frustrated.
15. The Committee remains concerned about Canada's policy
in relation to expulsion of long- term alien residents, without giving full
consideration in all cases to the protection of all Covenant rights, in
particular under articles 23 and 24.
16. The Committee is concerned about the increasingly
intrusive measures affecting the right to privacy, under article 17 of the
Covenant, of people relying on social assistance, including identification
techniques such as fingerprinting and retinal scanning. The Committee
recommends that the State, party take steps to ensure the elimination of such
practices.
17. The Committee notes with concern that the State party
has not secured throughout its territory freedom of association.
In particular, the Act to Prevent Unionization with respect to
Community Participation under
the Ontario Works Act, passed by the Ontario legislature in November
1998, which denies participants in "workfare" the right to
join a trade union and to bargain collectively, affects implementation
of article
22 of the Covenant. The
Committee recommends that the State party take measures to ensure
compliance with the Covenant.
18. The Committee is concerned that differences in the way
in which the National Child Benefit Supplement for low-income families is
implemented in some provinces may result in a denial of this benefit to some
children. This may lead to non-compliance with article 24 of the Covenant.
19. The Committee is concerned about ongoing discrimination
against aboriginal women. Following the adoption of the Committee's views in
the Lovelace case in July 1981, amendments were introduced to the Indian Act in
1985. Although the Indian status of women who had lost status because of
marriage was reinstituted, this amendment affects only the woman and her
children., not subsequent generations, which may still be denied membership in
the community. The Committee recommends that these issues be addressed by the
State party.
20. The Committee is concerned that many women have been
disproportionately affected by poverty. In particular, the very high poverty
rate among single mothers leaves their children without the protection to which
they are entitled under the Covenant. While the delegation expressed a strong
commitment to address these inequalities in Canadian society, the Committee is
concerned that many of the programme cuts in recent years have exacerbated
these inequalities and harmed women and other disadvantaged groups. The
Committee recommends a thorough assessment of the impact of recent changes in
social programmes on women and that action tic undertaken to redress any
discriminatory effects of these changes.
21. The Committee sets the date for the submission of
Canada's fifth periodic report as April 2004. It urges the State party to make
avalable to the public the text of the State party's fourth periodic report and
these concluding observations. It requests that the next periodic report be
widely disseminated among the public, including to non-governmental
organizations operating in Canada.
|