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Committee on the Elimination of Racial Discrimination

Forty-fifth session, 1-19 August 1994

Concluding Observations of the Committee

1. The Committee considered the eleventh and twelfth periodic reports of Canada (CERD/C/210/Add.2 and CERD/C/240/Add. 1) at its 1043rd and 1044th meetings, held on 2 August 1994, and adopted (at its 1065th meeting, held on 17 August 1994) the following concluding observations:

(a) Introduction

2. The delegation which presented the reports of Canada is commended for its constructive dialogue with the Committee and the useful additional information and explanations it provided orally to the questions and comments of Committee members. It is recommended that the respective information be included in the next periodic report. Appreciation is also expressed to the State party for its regularity in fulfilling its reporting obligations. However, it is noted that the reports are not prepared in conformity with the Committee's general guidelines for the submission of reports. As a result it is difficult for the Committee to assess how the Convention is implemented in Canada in general.

(b) Positive aspects

3. Satisfaction is expressed for the measures taken in Canada to improve the situation of aboriginal peoples. Reference is to be made in this respect particularly to the recent land claim settlements in the eastern and central arctic, the Gwich'n and Sahtu Dene Metis settlement in the Mackenzie Valley and in the Yukon Territory. Measures taken to eliminate racial discrimination and to promote multiculturalism in the Canadian society are also welcomed. Reference is to be made in this respect to section 15 of the Charter of Rights and Freedoms and the Canadian Multiculturalism Act of 1988. It is noted with satisfaction that each Canadian province has adopted legal measures to combat discrimination and that particular efforts have been made to promote multicultural education especially in Newfoundland and Labrador where the Department of Education formally adopted in 1992 a multicultural education policy for introduction in the school system. The educational measures taken to combat prejudices and racial discrimination in Canada are considered to incorporate models that could be followed by other States parties in respect of the implementation of article 7 of the Convention.

(c) Principal subjects of concern

4. Concern is expressed at the statement that the Federal Government cannot compel the provincial and territorial governments to align their laws with the requirements of the Convention. It does not accept that the responsibility for the areas covered by the Convention is shared by the federal, provincial and territorial governments.

5. Concern is also expressed about references to "visible minorities" in regard to Canadian anti-discrimination policy, since this term does not fully cover the scope of article I of the Convention.

6. Concern is further expressed about the following issues: the slowness at which negotiations have been undertaken to further define aboriginal rights to land and resources in many parts of the country; the limited scope of the Employment Equity Act of 1986 which covers only 10% of the workers in Canada and does not fully guarantee the equal employment opportunity for aboriginal peoples and their representation at high level employments; the treatment of immigrants from the Asian and African regions which, according to various non-governmental sources, appears to be not adequately protected against discrimination; and the existence of racist organizations.

7. In addition, it is noted with concern that in spite of various positive measures taken by the Canadian authorities on both the provincial and federal levels to ensure an adequate development and protection of the aboriginal people, certain social indicators concerning especially alcoholism, drug abuse, suicide and the incarceration rate show that aboriginal peoples may be more affected by social problems than other social groups in the country.

(d) Suggestions and recommendations

8. The Committee recommends that the next periodic report of Canada be drafted in accordance with the Committee's general guidelines and provide information on measures taken by the federal, provincial or territorial governments all together in separate sections which would follow the sequence of the articles of the Convention. The report should contain replies to the unanswered questions and include more precise information on the relation between federal and provincial legal measures taken to implement the Convention.

9. The Committee recommends that legal provisions at both the federal and provincial level concerning human rights be harmonized to avoid any possible difference in treatment; that equality in access to and treatment by courts be fully guaranteed; that the Employment Equity Act be extended to larger categories of workers, including the federal civil servants, to improve the effectiveness of remedies in this field; and that the General Recommendation XVII on the establishment of national institutions to facilitate the implementation of the Convention, be brought to the attention of the Canadian Human Rights Commission.

10. The Canadian authorities should strengthen their efforts to implement their existing national programmes and measures with the view to fully implementing articles 2, 4, 5 and 6 of the Convention. In particular, measures should be undertaken to ban racist organizations, to improve the employment and health situation of aboriginal people, to speed up negotiations on aboriginal land claims, to actually enforce remedies existing under the law, and to protect immigrants, especially those of African and Asian origin, against discrimination.

11. Noting that Canada has accepted the individual complaint procedures established under some of the international instruments in the field of human rights, the Committee recommends that the Canadian Government consider making the declaration necessary to accept the communication procedure established under article 14 of the Convention.