COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS BEGINS REVIEW OF REPORT OF CANADA

AFTERNOON
HR/ESC/98/40
26 November 1998




Government Delegation Queried on Lack of Applicability of Covenant,
Effects of Deficit-Reduction Regime


Canadian Government officials were queried this afternoon about what a panel of United Nations experts said was an apparently weak status within the country of the International Covenant of Economic, Social and Cultural Rights.

Members of the Committee on Economic, Social and Cultural Rights, responding to the presentation of Canada's third periodic report to the group, said the Covenant was not directly applicable in Canadian courts, it yielded in cases of conflict with domestic law, and five years after the Committee had recommended it, there was still no specific reference to the Covenant in Canadian legislation.

They also asked how implementation of the Covenant could be guaranteed for the country's entire territory, since international human-rights treaties did not have automatic application in domestic law and since provincial Governments could not be forced by federal officials to adopt legislation reflecting such human-rights standards.

Also questioned were "deficit-driven budgets" adopted since 1995. Committee members remarked that poverty had increased in Canada at the same time as Government social programmes had been trimmed, leading to a situation in 1998 in which 10 per cent of the population was on welfare, including more than 1 million children.

Canadian officials said that despite the lack of direct applicability in domestic law, there was a very strong commitment to the Covenant among all levels of Government. It was noted that a standing committee on human rights representing all provincial Governments met annually to discuss compliance with international treaties; and that prior to ratifying international treaties, the Government made sure that domestic law was consistent with the standards they contained.

Introducing the report, Mark J. Moher, Ambassador and Alternative Permanent Representative of the Mission of Canada to the United Nations Office at Geneva, said that over the past two years, federal child benefits paid to low-income families had increased by $ 850 million, in part in response to concerns expressed by the Committee about the number of children living in poverty. On the issue of poverty overall, he said "Our performance as a nation must improve. We are working to promote jobs and economic growth and at the same time to address the needs of those who are poor or those most vulnerable to poverty."

As one of 137 States parties to the Covenant, Canada must provide periodic reports to the Committee on efforts to put the treaty into effect.

The nine-member Government delegation led by Mr. Moher included representatives of federal departments on human rights, medical services, justice, international and intergovernmental relations, and two observers from the provincial Government of Quebec.

Speaking at the meeting were Committee members Walid M. Sa’di; Oscar Ceville; Ariranga Govindasamy Pillay; Philippe Texier; Virginia Bonoan-Dandan; Valeri Kouznetsov; Dumitru Ceausu; Nutan Thapalia; Mahmoud Samir Ahmed; Ade Adekuoye; Javier Wimer Zambrano; and Maria de los Angeles Jimenez Butragueno.

The Committee will reconvene at 10 a.m. Friday, 27 November, to continue its review of the Canadian report.

Third periodic report of Canada

The 302-page document (E/1994/104/Add.17) reviews implementation of the Covenant on an article-by-article basis. It notes, among other things, that "international human-rights conventions ratified by Canada do not automatically become part of domestic law so as to enable individuals to go to court when they are breached; nevertheless, cases may arise regarding domestic law -- particularly the Canadian Charter of Rights and Freedoms and federal-provincial-territorial human rights legislation -- that are relevant to the implementation of the rights guaranteed by these covenants". It adds that the Supreme Court has emphasized the importance of such covenants in interpreting and applying the Canadian Charter. The Canadian Charter is described as primarily guaranteeing civil and political rights rather than economic, social and cultural rights.

The report outlines structural changes to the federal administration, including, in 1993, a reduction of the overall number of federal departments from 34 to 23, with some agencies eliminated and many Government services privatized. "A new department of Human Resources Development Canada (HRDC) was created, integrating all the key elements at the federal level with respect to human development into one department. HRDC is primarily responsible for labour, employment, social security, and education and related issues". The main components of a Government job-creation strategy are deemed to be "a stable macroeconomic policy, actions to promote the demand for labour through the growth of private-sector businesses, actions to promote the supply of labour through enhanced skills in the workforce, and actions to more effectively match the supply of and demand for labour".

Also described is a new programme to replace old-age security benefits that, "by reducing benefits to higher-income families... will result in cost savings that will gradually increase over time and contribute to the sustainability of the public pension as the population ages". The report notes an increase in school enrollment and graduation rates among aboriginal citizens; increased transfer of control of schools on Indian reserves to Indian First Nations; and a rise in the number of registered Indians aged 17 to 34 enrolled in post-secondary education from 11,170 in 1985/86 to 26,300 in 1995/96.

Presentation of report

MARK J. MOHER, Ambassador and Alternative Permanent Representative of the Mission of Canada to the United Nations Office at Geneva, said, among other things, that the various levels of Government in Canada had as their overriding goal improving the standard of living and quality of life of all Canadians, using a wide range of legislation, policies and programmes, and that in response to recommendations of the Committee, many non-governmental and aboriginal organizations had been invited to give their views on preparation of the current report, more than 20 federal departments and agencies had been involved, and similar inputs had been made by provincial and territorial Governments. As part of its imminent review of the Canadian Human Rights Act, the Government would be considering whether the Act should explicitly include social and economic rights. And the Supreme Court had said that international obligations must be a relevant and persuasive factor in court interpretation of the Canadian Charter of Rights
and Freedoms.

Over the past two years, federal child benefits paid to low-income families had increased by $ 850 million, Mr. Moher said, in part in response to concerns expressed by the Committee about the number of children living in poverty. On the issue of poverty overall, he said "Our performance as a nation must improve. We are working to promote jobs and economic growth and at the same time to address the needs of those who are poor or those most vulnerable to poverty." Efforts to address the needs of the country's aboriginal peoples included a plan "for concerted action by the federal, provincial, and territorial Governments, the private sector, and Canadians in general on issues facing aboriginal people."

Efforts to reduce Government deficits that had become intolerable had resulted in a long-term deficit-reduction plan, Mr. Moher said; a period of retrenchment had been essential, and the difficulties and pains of that process had been recognized by all. But progress had been made, the annual federal deficit had been eliminated, and the federal Government had reopened the way for focused investment in key economic and social priorities; the Canada Health and Social Transfer (CHST) programme, for example, was now poised to grow at an annual rate of 2.5 per cent over a five-year period.

Discussion

Questions fell under the general topics of the role of the Covenant in Canadian law and legislation; the right to self-determination; measures related to non-discrimination; and equality between men and women.

Committee members asked, among other things, to what extent Canadian provinces, such as Quebec, as opposed to the federal Government, felt committed to the Covenant and to other international human-rights instruments; to what extent in cases of conflict between the Covenant and Canadian domestic law, domestic law would prevail; why, in the five years since the Committee recommended it, there was still no reference to the Covenant in Canadian law; if courses would be offered in economic, social and cultural rights for police, judges, and other Government officials; and if there was a lack of Government publicity about or interest in domestic human-rights obligations, as a non-governmental organization charged.

Other questions were how, since international human-rights treaties did not have automatic application in domestic law and since provincial Governments could not be forced to adopt such legislation, implementation of the Covenant could be guaranteed in the country's entire territory; what the Government had done about the human-rights implications of the Multilateral Agreement on Investment (MAI); what changes were anticipated to the social security system to avoid the mounting financial crisis facing the system; and if "deficit-driven budgets" over the last three years could be justified, given that poverty had increased, resulting in a situation in 1998 in which almost 10 per cent of the population, including more than 1 million children, was dependent on welfare.

Committee members also asked how much control the federal Government had over use by the provinces of federal block grants; what the federal Government would do if provincial Governments violated the standards the Covenant; what was being done in response to the self-determination ambitions of Canada's aboriginal peoples; if public sentiment in Canada had shifted against the welfare system because of abuse of the system; who were the major recipients of welfare; if the repeal of the Canada Assistance Plan (CAP) in favour of the new Canada Health and Social Transfer (CHST) was a regression, as a fifty-fifty form of funding for social programmes was altered to one in which the provinces were simply given money to use for health and social projects as they saw fit; if "workfare" programmes discriminated against welfare recipients or otherwise violated the Covenant; how long Somali refugees, of whom there were some 8,000 in Canada, would have to wait for family reunification; if refugee-applicant children sometimes were subject to detention and were not able to attend school; and why the majority of the poor in Canada were women.

Responses to some questions were deferred until Friday morning's session.

Mr. MOHER said, among other things, that despite lack of direct applicability of the Covenant in domestic law, there was a very strong commitment to the Covenant throughout the country, including in provincial Governments; that the size and thoroughness of the report indicated that; that there was a standing committee on human rights representing all provincial Governments that met annually to discuss compliance with international treaties; that tools used to improve economic, social and cultural rights might differ from province to province, but the firm intent to promote such rights was there; and that prior to ratifying international treaties, the Government made sure the international standards involved were consistent with domestic law or that domestic law was adjusted to meet the standards -- it was not a case of the federal Government simply ratifying international covenants with no attention to their potential applicability in the provinces; obtaining provincial agreement preceded ratification of such treaties. Mr. Moher added that he did not at all want to give the impression that Canada was "complacent" about economic, social and cultural rights, as one Committee member had remarked; the Government understood that much remained to be done.

JOANNE LEVASSEUR, Counsel of the Human Rights Law Section of the Department of Justice of Canada, said, among other things, that Canada had a dualist system, in which international conventions did not have automatic force of law; that it was not necessary to have Parliamentary approval to sign an international treaty; that the provinces, before a treaty was signed, were called on to examine their legislation to ensure that the standards of the treaty were respected, and that this process required extensive consultation with the provinces. The Supreme Court had said that international human-rights standards had importance for interpretation of the Canadian Charter of Rights and Freedoms, and in fact federal and provincial Governments did look to such international treaties for guidance in developing legislation.

The federal Government, having ratified the Covenant, was responsible for respect for the treaty, Mrs. Lavasseur said; but the Canadian system of Government was complex, and the federal Government could not impose on a provincial Government any actions that were under the exclusive control of the provincial Government; however, consultation generally led to resolution of such problems.

ANTON YURKOVICH, Counsellor for the Permanent Mission of Canada, said that family reunification was allowed under the Canadian Immigration Act, and even promoted and encouraged; that any permanent resident in Canada or Canadian citizen could sponsor nuclear family members for residence in Canada; that once an asylum applicant had been recognized as a refugee, he could apply for permanent residency and could seek to include close family members. Undocumented residents faced greater obstacles, he said, since the process required documentation. Refugees were entitled to urgent and essential health care; however, non-essential health care was not necessarily covered, Mr. Yurkovich said; and all children of asylum claimants had access to public schools.

Under Canada's prescribed-country class for accepting refugees, there had been a large number of Somali applicants, he said; there was a waiting period of five years for those who did not have identity documentation but wished to be permanent residents. Some 13,00 Somalis were currently awaiting granting of permanent residency, after which they could seek reunification with their families.