COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS REVIEWS FOURTH AND FIFTH PERIODIC REPORTS OF CANADA

8 May 2006

The Committee on Economic, Social and Cultural Rights has reviewed the fourth and fifth periodic reports of Canada on how that country implements the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the reports was Alan Kessel, Legal Adviser of the Department of Foreign Affairs and International Trade, who said Canada was proud of its record of achievement in the promotion of economic, social and cultural rights. Canada was at the forefront of promoting human rights internationally and domestically, and its efforts had paid dividends. The Federal, Provincial and Territorial Governments worked both collaboratively and independently to address human rights issues in Canada. Over the past number of years, Canada had developed a number of innovative programmes that addressed the complexity of implementation of human rights in its vast territory to numerous, widely-dispersed communities.

During the discussion, which was held over four meetings, Committee Experts raised questions pertaining to, among other things, the lack of implementation of the previous recommendations and observations of the Committee, some ranging as far back as 1993; the high levels of poverty in the country; the lack of a unified implementation of the Covenant and its provisions on a Province and Territorial level; issues related to unemployment, in particular with regards to certain groups of the population; the high levels of child poverty; domestic violence and measures used to combat this; access to free education; and free access to education with regards to tuition fees.

The Committee will issue its concluding observations and recommendations on the reports of Canada at the end of its three-week session on 19 May.

Other members of the Canadian delegation included representatives of the Department of Foreign Affairs and International Trade, Indian and Northern Affairs Canada, Health Canada, Human Resources and Social Development Canada, Canadian Heritage, Status of Women Canada, Department of Justice, the Permanent Mission of Canada to the United Nations Office at Geneva, the Government of Quebec, the Government of Newfoundland and Labrador, the Government of Ontario, and the Government of Nunavut.

The Committee will reconvene at 10 a.m. on Tuesday 9 May, when it will take up the fourth periodic report of Mexico (E/C.12/4/Add.16)


Reports of Canada

The fourth and fifth periodic reports of Canada (E/C.12/CAN/5) outline key measures adopted in Canada from September 1994 to December 2004 (with occasional references to developments of special interest that have occurred since) to enhance its implementation of the International Covenant on Economic, Social and Cultural Rights. The key areas addressed in this report are as follows: social policy issues, employment, poverty, homelessness, health care, disability issues, early childhood development and child care, and family violence. Federal, provincial and territorial governments continue to collaborate on many health and social programming initiatives that serve to implement the provisions of the Covenant.

The Government of Canada provides income support for low-income families with children through the National Child Benefit Supplement, as part of the Canada Child Tax Benefit. On March 13, 2003, federal, provincial and territorial First Ministers Responsible for Social Services agreed on a framework for improving access to affordable, quality, provincially and territorially regulated early learning and childcare services. Canadians are among the best-housed people in the world. The vast majority live in comfortable dwellings that contribute to their quality of life; most have access to housing of acceptable size and quality at affordable prices. However, approximately 1.7 million or 16 percent of all households are in core housing need.

Federal, Provincial and Territorial Governments have established numerous programmes and supports for Aboriginal people in the areas of employment, social security, child welfare and health. In 2002 and 2004, the Government of Canada, in consultation with disability organizations, Aboriginal organizations, academic experts and disability researchers, released reports assessing Canada’s progress towards achieving full inclusion for Canadians with disabilities. Since April 1999, the Aboriginal Human Resources Development Strategy, renewed until March 31, 2009, has been helping Aboriginal communities strengthen the ability of Aboriginal people to compete in the Canadian job market. The Strategy is helping Aboriginal people increase their self-sufficiency, build stronger communities, and develop long-term employment.

Introduction of Reports

ALAN KESSEL, Legal Adviser of the Department of Foreign Affairs and International Trade of Canada and Head of the Delegation, said Canada appeared today proud of its record of achievement in the promotion of economic, social and cultural rights. Canada was at the forefront of promoting human rights internationally and domestically, and its efforts had paid dividends. Canada was recognised worldwide as a place where people wished to live; each year it welcomed thousands of new immigrants, people who had identified Canada as a country in which they could best prosper and where their human rights were best protected. Its commitment to the improvement of its society was continuous and continuing. Among the Federal Government’s priorities were improved childcare, lower taxes, health care and crime reduction.

Canada was also firmly committed to a vigorous international system which actively promoted respect for, implementation of and adherence to international human rights obligations. Canada had been a leader in the development of the current international human rights monitoring mechanisms and believed strongly in the importance of these processes in discussing the implementation of human rights. The concluding observations of the Committee were of great importance for Canada as it considered its progressive implementation of the commitments under the International Covenant on Economic, Social and Cultural Rights. Human rights were fundamental to Canadian society. Active and open discussions on human rights issues were woven into the daily fabric of Canadian lives.

The federal, provincial and territorial Governments worked both collaboratively and independently to address human rights issues in Canada. Jurisdictions often worked together to address challenges in areas such as health care, development of children, housing and homelessness, justice, and issues affecting Aboriginal peoples, seniors and persons with disabilities. Over the past number of years, Canada had developed a number of innovative programmes that addressed the complexity of implementation of human rights in its vast territory to numerous, widely dispersed communities. Digital access initiatives, especially for reaching Aboriginal Canadians, Canadians with disabilities, and those in remote communities, had been invaluable in realising many aspects of economic, social and cultural rights.

Questions Raised by Committee Experts

Taking up the first five articles of the International Covenant of Economic, Social and Cultural Rights, an Expert noted that the previous conclusions and recommendations of the Committee did not seem to have been fully taken into account by the Canadian Government, and this as far back as a meeting in 1993, for example with regards to security of tenure for tenants. Food security, the problem of homelessness, low expenditures on social housing were also ongoing problems that had been mentioned in previous recommendations, and which had not been addressed, along with several others. Recommendations from 1998 had also been neglected, and some situations had actually got worse, in particular the extent of poverty and the concomitant lack of food security. The reduction in social assistance levels, cuts to social programs, the lack of national standards on social assistance and the suffering of disadvantaged and marginalized groups were all significant problems. The fundamental problem, the Expert said, was that the Government did not consider economic, social and cultural rights to be justiciable, and yet the Committee had, in 1998, reiterated that these rights should not be downgraded to principles and objectives, and urged the Government to take concrete steps to ensure that the Provinces and Territories were made aware of their legal obligations under the Covenant and that economic, social and cultural rights were enforceable. There had been no progress in economic, social and cultural rights, but in fact, regression, the Expert said, with regards to poverty, housing, social assistance benefits and childcare. There also seemed to be a misunderstanding by the State party on disadvantaged groups and its duties in their regard.

Another Expert addressed the position of the Attorney General’s jurists on the Federal and Provincial level, asking if they used arguments from the Covenant when arguing in courts. It was to be expected that final judgements would include the standards of the Covenant, as this was part of Canadian law. The Committee wished to know what was the position of both Federal and Provincial courts vis-à-vis the Covenant’s protection of basic economic, social and cultural rights in Canada. What was the position of lawmakers, and to what extent were they ready to integrate the Covenant’s standards into national and provincial legislation, he asked. To what extent did candidates to the position of Federal or Provincial Courts, who were open and friendly to implementing the provisions of the Covenant in future judgements, get appointed, he asked.

The Government should adopt positive measures to implement the Covenant, an Expert said, and the responsibility lay on both the Federal and Provincial Governments, as the two branches had failed to implement these. Some measures adopted by the Provinces had even been in violation of the Covenant, he noted, asking what was the reaction of the Federal Government in this regard. What effective measures did the Federal Government take to ensure that all the rights of the Covenant were implemented at the level of the Provinces and Territories, he asked. The impact of the Canadian Federal System on the country’s obligation to respect the Covenant was also a topic of interest for another Expert, asking whether the Federal structure posed particular problems, as he had the impression that the Federal State was shirking its obligations, in particular with regards to the implementation of the Covenant. There were very serious accusations coming from non-governmental organizations (NGOs) that over the last 10 years, spending on a social level had dropped in several areas, and this was contrary to the Covenant, and required explanation.

An Expert noted that the replies provided in writing were thorough, and shed a lot of light on the issues before the Committee. Did the change of Government indicate a change of perspective on the report and issues that were before the Committee, he asked. Further, was it true that the unprecedented prosperity of Canada was only being enjoyed in certain areas, in particular the West of the country, he asked, also inquiring whether the implications of the treaty had been pointed out when the policy-makers and Parliament deliberated such issues as same-sex marriage. What was the projection in Canada for the future of multi-culturalism was also of interest, as was how the Government cooperated with NGOs.

Response by Delegation

Responding, the delegation said the overarching concept governing the implementation of the International Covenant on Economic, Social and Cultural Rights was the concept of a progressive realisation of its parts, and in that light, Canada believed that it was progressively implementing it, and the social progress showed that Canada was living up to its progressive implementation commitments. Clearly there were ways and means of getting there, and this was of interest to the Committee. Canada was a Federal system in which the Constitution provided legislative and executive sovereignty to two different levels of Government. Some issues were in the competency of the Federal Government, others were in the competency of the Provinces. Treaties on human rights such as the Covenant were implemented through legislative and administrative measures which were adopted by the competent authority: the Federal Government adopted the international treaties after consultation with the Provinces and Territories, and they were applied throughout the country. Provinces and Territories were sovereign in their competence.

Even if the Federal Government could not force the Provinces to change their legislation in order to incorporate the provisions of the Covenant, mechanisms were set up to address implementation and to deal with any difficulties that could arise, the delegation said. On why the Covenant was not incorporated into Canadian law, the obligation in article 2 of the Covenant did not require incorporation, but rather implementation of the rights in the Covenant. As to justiciability, there was no universal definition of this. Some articles of the Covenant were to be applied immediately according to the Covenant and the General Comment on justiciability. Canada agreed that rights that were to be immediately applied and were justiciable did exist, and believed that equality rights of the Covenant were to be applied in respect of all laws providing benefits, and the Court provided its decision basing itself on equality in economic, social and cultural rights. The notion of justiciability had already been mentioned by Canada in a number of contexts, and it recognised that some economic, social and cultural rights could be justiciable, such as the right to organise; however, the notion of justiciability was even debated among experts.

For the time being, the delegation said, the Supreme Court had not taken a definite decision with regards to article 7 of the Charter, and this was an open question on which the Court had yet to decide. The different commissions on human rights at the different levels, Federal and Provincial, had the right to review issues, and those complaining of discrimination could complain to these commissions, which could appoint a tribunal. It had been said that the measure taken to implement the Covenant could vary between the provinces, and this was true, as needs varied between the provinces, and they therefore took measures to implement the Covenant as per the needs of citizens. However, there were measures to ensure that implementation was facilitated throughout the country, and the Canadian Charter on Rights and Freedoms was applied throughout the country and at all levels of Government.

With regards to legislation on human rights and non-discrimination, the delegation said, the Supreme Court had stated that different formulations between the provinces should not hide the essential effects of these provisions, unless there was a clear need for legislation in that regard. Differences could sometimes go in favour of the implementation of rights. There was currently no blanket exemption of Aboriginal persons from the provisions of the Canadian Human Rights Act, but some aspects of Aboriginal life were outside the scope of this Act. The Canadian Courts tended to refer more and more to international instruments, as these were relevant to the interpretation of the Charter on Rights and Freedoms.

On the question raised on the implementation of the Covenant by the Provinces, Quebec had, since the adoption, taken a series of measure with this objective. On the reduction of funding for health care services in Quebec, over the past four years, credit from the public ministry had increased significantly, the delegation said. The Government of Ontario understood that tenants faced difficulties under the current law, and had introduced very recently a new piece of legislation which would provide better protection for tenants and landlords, ensure fair increases in rent, and encourage investment in housing, along with other positive elements, including that the eviction process would allow for every tenant to have the opportunity to go before a tribunal. The Government of Newfoundland and Labrador had also taken specific poverty-reduction measures, with a fully developed poverty reduction strategy to be released in late spring 2006.

The mandate of the Continuing Committee of Officials on Human Rights was to maintain federal and provincial coordination on human rights, in particular with regards to international treaties, with a view to enhancing the implementation of Canada’s human rights obligations, the delegation said. Members were responsible for maintaining a continuous liaison function between different departments within their Governments in order to ensure smooth implementation. The Continuing Committee ensured awareness of the views of the different treaty bodies, enhancing implementation. On NGO involvement in reporting on human rights treaties, they were implicated in the compilation of reports. Information sessions were also held with NGOs and Aboriginal organizations before appearing before treaty bodies.

Canada was a country of diversity and immigration, the delegation said, and it was committed to multiculturalism as a fundamental value that was enshrined in the Charter of Rights, and there was a Minister who had the responsibility for multiculturalism. As realities evolved, adjustments were made to areas of action, and gaps were combated, such as combating racism, and ensuring that Canadian institutions reflected the diversity of other countries, the delegation said. A cross-cultural round table on security contained representatives of groups present across Canada in order to foster communication between the Government and inter-cultural communities on this matter.

Canada was making progress on poverty alleviation, and believed that this was due to its support for self-reliance for families and self-sufficiency for those with disabilities, Aboriginals, and the homeless. The National Child Benefit had multiple objectives, including to alleviate child poverty, and the framework governing it allowed provinces to adjust it per needs, and the initiative was working, reducing child poverty and supporting child’s parent’s participation in the labour force. There had been a consistent downward trend in low incomes since 1996, and governmental programming was benefiting all Canadians, with significant progress being made. On food security, and the use of food banks, this was an issue of concern, and vulnerability to food security was often attributed to various groups that could not meet their food requirements without compromising other basic needs. Canada had prepared a plan on food security, submitted progress reports to the FAO, and its efforts to improve economic security and address social exclusion were part of this effort. In this regard, Canada was encouraged by the progress it was making, noting that the overall incomes had increased.

Political affiliation was neither a requirement nor a barrier to judicial appointment, the delegation said. The Canadian Government did not train judges, they were trained by two independent organizations. With regards to the perspective of prosecutors with regards to economic, social and cultural rights, the notion of economic rights could be very broad.

Questions by Experts

An Expert inquired whether the poorer members of Canadian society had real access to justice, in particular with regards to those rights that were immediately justiciable, including discrimination and housing access. Reports indicated that the poorer members did not have immediate access, and this required clarification. There were also reports of a racial component to poverty in Canada, and he asked why this was not taken into account in the statistics provided on poverty. Another Expert asked if the Canadian Government agreed with the assessment of the situation made by the Special Rapporteur on the human rights of indigenous peoples, and whether it intended to address the concerns raised by the latter. Further, with regards to the text of the Draft Declaration on the Rights of Indigenous Peoples, did the Canadian Government have any specific difficulties with it, he asked.

Another Expert noted that economic, social and cultural rights were recognised to be the rights of the poor, and in Canada it seemed that poverty struck the different groups of the population in different ways. Since there seemed to be a racial component to poverty which struck several minorities, was the Government taking targeted steps in favour of these groups, he asked. Another Expert noted that there was increasing poverty among Aboriginals, and that this was being tackled by job creation programmes, and asked whether this was a theory of trickle-down approach, and if so, how long was it expected to take. What were the benefits of registration for Canadian Indians, she asked. The specific situation of the Lubicon River Indians was also raised, and more information was required. Did Canada have a law which required equal pay for equal work, she also asked, noting that it appeared that women’s incomes averaged 71 per cent of men’s, and that equal pay for equal work appeared to be implemented only in some provinces. Further information was also required by an Expert on the measures that Canada was taking or was planning to take on issues linked to the exploitation of Aboriginal lands with regards to cases which had significant effects on the environmental and spiritual dimensions of those lands.

The right to family reunification was a critical one, an Expert said, noting that the Federal Government referred to the fact that legislation was different in the Provinces and Territories, and it could not always revolve the issues. However, if social assistance was not the province of provinces and territories, how could the Federal Government reject family sponsorship in cases of family reunification, he asked. What was the role of the provinces and territories in dealing with immigrants, he asked, noting that the right of reunification was denied to foreign workers, in particular the poor.

How were social programmes coordinated on the Canada-wide level, particularly aimed at women and families, an Expert asked, noting that women were often over-represented in groups struck by poverty. What coordination mechanisms were in place at the State level, she asked. Whether there would be a second plan for gender equality was also of interest, and further information was required on whether there was a clear legal framework on the policies aimed at gender equality, and what measures had been taken and established for implementing recommendations on this topic. Another Expert inquired as to why there were still so many poor Canadians, when it was such a rich country. Did Canada believe that in 2012 there would only be 3per cent of poor people, he asked.

In a follow-up question to the earlier answers, an Expert asked a question with regards to social housing legislation and what was the situation in Canada as a whole, noting that Ontario had adopted some positive legislation in this regard, and yet Canada as a country had adopted the Covenant, and had to ensure that all rights were met across the country. The issue of the North American Free Trade Agreement and what Canada did when investors challenged policies that Canada had to protect, for example, the environment and health, that were protected by the Covenant was of interest to another Expert, as was to what extent was Canada able to protect its treaty obligations when a private company urged its interests. Another Expert asked whether all judges and judge-training organizations had been provided a copy of the previous concluding observations and recommendations, as the State party had said it would do in 1998.

In another question, an Expert asked why there were representatives of only certain provinces in the delegation. He also asked whether Canada was open-minded on the potentiality of an Optional Protocol to cover at least basic core rights under the Covenant.

Response by Delegation

ALAN KESSEL, Legal Adviser of the Department of Foreign Affairs and International Trade of Canada, said that Canada wished to make it crystal clear that it did not use Federalism as a shield, and that responding to a question with an answer from one province did not allow it to wiggle out of its responsibility with regards to the rest of the country. If the delegation gave an answer from one province, it was because that was where the problem was. Canada was not hiding behind Federalism in order to not give the Committee the answer that it needed. It had endless groups which met to ensure that the Federation, which was an ongoing process, continued to work and was as successful as it was, if not more.

Responding to the questions posed, the delegation said the Government of Canada was committed to help ensure the elimination of barriers and full participation of all Canadians, including the diverse Afro-Canadian communities in the diverse social, economic and political life of Canada. There were anti-racism campaigns and activities and campaigns that fostered diversity and the respect of all communities within Canada. Federal institutions had many initiatives in order to ensure that their policies, programmes and practices took into account the diverse needs of the different communities in Canada.

The Government delivered a range of income benefits to Canadians, some of which were universal such as childcare benefit, and there were a range of those targeted at low-income Canadians, which were assessed on an income level in order to supplement their income. There was no consideration of ethno-cultural status in that regard. There was a programme for Aboriginal Canadians, the delegation said.

Canada was definitely tied to Aboriginal peoples in its history, and throughout its history had been conscious of the different groups that it dealt with under the umbrella term. The Indian Act which dated back to 1876, and since about the 1970s, the terms used was “First Peoples”, and “Inuit” for those from the North and Métis. Part of moving forward with the country and making it a better place for all lay in dealing with the issues that came up when dealing with their particular situations. There was a wide range of programmes which were specifically targeted these populations, numbering about 360 specific programmes at the Federal level, across 30 departments, and an attempt had been made to better align them to meet the needs and aspirations of the Aboriginal people. There were specific lands which were set aside for Aboriginals, and in these areas the Government provided community services. There was an Indian Act process which people went through in order to determine their status as Aboriginals, and there were particular programmes for those people.

The Canadian Government recognised and affirmed land and treaty rights, recognising that Aboriginal people had distinctive rights related to the preservation of their cultures and lands, the delegation said. Their interest in the land was recognised, based on their long-standing use and inhabitancy of the land. Aboriginal title was a collective right. There were areas where this had not been dealt with either by treaty or any other way, and therefore there was a comprehensive claims process, which was established in 1973. Since that time, 20 modern treaties had been negotiated, mostly in Northern Quebec and the Three Territories in the North, involving 90 Aboriginal communities. Negotiations were ongoing at various stages and levels of activity in 60 other areas. There were also specific claims, and that process always had a large number of claims on it. There was innovation in attempts at dealing with extinguishment of rights and moving forward from past problems. The Lubicon was one particular claim, which was not active at this particular point in time. The Canadian Government had made an offer to the Lubicon people, who had rejected it, and at this point the Government was not negotiating the claim.

The Government of Canada recognised the inherent right of Aboriginals to self-government, and there were self-governing groups, and other ongoing negotiations. These negotiations took shape in different forms depending on the needs of the communities involved, the delegation said. In addition, the transfer of administration and delivery programmes and services to First Nation communities was an excellent tool for these communities to go forward with their aspirations.

Canada had made significant progress in increasing incomes over the last few years, the delegation said. It believed it had made good progress to date and would continue to do so in reducing the number of Canadians living in low-income situations. Canada had, from its history, made a distinction in its immigration programmes, between those who were coming to stay permanently, and those who were coming temporarily. From arrival, those who were staying permanently were given a residency permit, and, within three years lapse, were considered for citizenship. For those coming to Canada on a temporary basis, there was a wide range of programmes, including for those who came to engage in economic activity, and there was a wide range of provisions for these. Basic human rights for all persons on Canadian territory were provided, regardless of status - the difference lay in whether they were there permanently or temporarily. Family reunification was a major component of Canada’s immigration programme, but at the same time while Canada accepted that there was a right to family reunification, it did not believe that constituted a right to immigrate to Canada, and therefore imposed various rules, including that the applicant be legally related. A person was not permitted to enter the country if they were unlikely to not be self-sufficient. If the potential sponsor was currently in receipt of social assistance, they were unlikely to be able to assist their migrating family member to be self-sufficient.

Canada had an effective human rights system, and modernising human rights legislation was a complex task, which it was taking seriously, and was taking into account the views of the Human Rights Review Panel, the delegation said, although, after review of these, it had become clear that they required further analysis, study, and examination. The Government believed that engaging many partners was indispensable if it was to achieve credible and effective reform, the delegation said. The Government of Canada was committed to gender equality, and the principle of equal pay for equal work, and it was included in three types of laws. The Government was currently considering options for Federal reforms in order to implement this principle fully. Approaches to pay equity had been shared at several meetings between Federal and Provincial representatives. Concluding observations from 1998 were forwarded to the National Justice Institute and the Canadian Judicial Council. Canada had no final position on the elaboration of an Optional Protocol, although it had attended the discussions of the Working Group with interest.

Canada entered into its international legal obligations mindful of its existing obligations, and did not view its international trade obligations as impacting negatively on its implementation of the Covenant. Canada’s prosperity was due to international trade, and its prosperity had positive effects on its implementation of the Covenant, the delegation said.

Status of Women Canada was the department which promoted gender equality and the full participation of women, the delegation said. Its work supported research bringing women’s issues into the public agenda, promoting collaborating with different bodies, and promoting women globally. Representatives of all Provinces and Territories worked together to advance gender equality and to ensure collective measures, increasing the capacity of the Government to implement sound public policy. Provincial and Territorial Governments had agreed on the importance of gender-based analysis when determining policies and projects. The Government had issued official responses to all but one reports published by the Standing Committee on the Status of Women.

In a follow-up question, an Expert said she was somewhat disappointed with the answers provided to her questions, as the answers had been non-informative, in particular with regards to the Lubicon, the pay-equity task force and what the time frame for adoption or rejection of its conclusions could be. Another Expert also noted the lack of response to several questions, with regards to the provision of legal aid, and whether there was discrimination against women in this regard; whether it was true that some family courts had been closed down in some provinces; whether the Ministry for Women and the Family had been closed down in British Colombia and why; and whether the reduction in social expenditure in the provinces had given rise to the strengthening of social problems that had also undermined the rights of women.

Responding, the delegation said programmes and services for women were a priority in British Colombia, and this had been demonstrated through various measures. Essential programmes and services for women had been maintained. Regarding the Lubicon, at this point, Canada had to say that its settlement mandate, which included the offer to pursue self-government, had addressed all the concerns of the Lubicon, and had demonstrated good faith. However, the Lubicon had refused to negotiate unless the Federal Settlement Mandate was completely renegotiated. At this point, Canada was waiting for the Lubicon to return to the negotiating table.

Questions by Experts

Taking up articles six to nine of the Covenant, an Expert commented that the distribution of unemployment was very unequal, with great disparities, and asked whether or not Federal measures were being taken in order to deal with the differences between provinces in this regard. He also noted that, based on gender and age, there were more differences in unemployment, and high levels for immigrants and youth, and asked what was being done with regards to the latter. In some provinces, it seemed that unemployment benefits had decreased, and were only partially provided and limited in terms of duration, and this required explanation. On the minimum wage, it appeared that this did not allow for a decent standard of living, as it was below the amount needed to keep people above the poverty line, and this was contrary to the Covenant, and he asked what would stop a country as wealthy as Canada from implementing a minimum wage that provided a decent standard of living. The wide disparity between the right to strike was also pointed out, and he asked if there was intent to harmonise the right to strike at the Federal level.

Another Expert said that the positive economic performance did not seem to have a similar impact on those living in Canada who were most in need of an improved and adequate standard of living, and these included the Aboriginal population, the disabled, single parent families, immigrants, and specific categories of workers, women in particular. In relation to the unemployment benefit, there was a need for updated information on the adequacy of the latter, and, the Expert said, the Committee believed that the unemployment benefit was insufficient for a wide variety of reasons. Social assistance benefits were also a topic of concern, as it was below the poverty line, and she asked how it was calculated in order to make sure that it was enough to ensure that people could live in dignity.

Just and favourable conditions of work was a topic of interest for another Expert, who said that Canada, aware of asbestosis, had imposed new sanctions for disregard of employee and public safety, which was good. However, the term asbestos in provincial legislation was not at all uniform, and he asked what was being done in this regard, and the effects that these good legislative practices had had in practice, as this was not included in the report.

Response by Delegation

On employment insurance coverage, the delegation said the parameters of the employment assurance programme was designed to provide an income to those who had paid into the programme and had lost their job through no fault of their own. On coverage for the self-employed, the issue of determining when a job was lost and how to share a risk were complex and offered significant challenges. Some self-employed workers resisted strongly the idea of paying into such a programme, and the Government would continue to inquire into their views. During the last Committee’s meeting, social assistance had not been indexed. The Government’s plan to fight exclusion provided for the adjustment of unemployment benefits for the next period. Financial aid for social and other participation had been increased, and programmes created to support those with disabilities in the work market. The delegation also enumerated a long list of youth employment programmes across a number of Provinces.

With regards to social assistance and the Government’s responsibility in this regard, the delegation said social assistance was delivered after assessment of needs and priorities. The only condition applied was minimum residency requirements. With respect to women and poverty, it was a positive story, and progress had been made for females, in particular those under 18, and this was largely attributable to the increase in earners. An increase would be made to the Guaranteed Income Supplements, as the Government recognised the disparity between senior women and senior men in low income situations. The situation of Aboriginal women was also recognised, and programmes had been created providing them and Inuit women with the opportunity to acquire a number of skills in order to increase their participation in the community and the economy, and to remove barriers that had impeded their full participation in business life and the economy.

In follow-up questions, an Expert said his impression about the dialogue was that facts and figures were convincing, but it was preferable that the delegation proved that these facts and figures and round tables and national plans were supported by the Federal legislation, and that there were legislative guarantees to decrease unemployment, improve the situation of women, and so on. What was mostly important was legislation at the Federal level that was mandatory at the Province and Territory level. Another Expert clarified a question, asking what was the exact level of the unemployment benefit, without other contributions.

Responding, Mr. Kessel said he was confused, as Canada’s obligation was to progressively improve the standard of living in concert with the obligations of the Covenant, and the Expert was saying that Canada should change its Federal structure in order to do this. There had been an allegation that the figures and facts provided by the delegation disguised the truth. Canada was trying its best to show how it was living up to its obligations, and hoped this would come through over the next few days.

Questions by Experts

Taking up articles 10 to 12 of the Covenant, an Expert said that with regards to child poverty, there had been an increase in this level, with more than 1,200,000 poor among the youth of the country. The statistics on this were lacking in depth, and the Expert asked whether this impeded the State party from dealing with this problem effectively, and what it intended to do to remedy the situation. Another question was posed on a law on family violence and the impact the law had had, and whether it was a criminal law, with family violence considered to be a criminal offence. Another Expert inquired whether it was a fact that 37 women’s centres had been closed down, and whether this was due to the cut in funding in social assistance schemes. What pushed the trend towards cutting the budgets for social assistance for the most disadvantaged groups, including women and the Aboriginals, at a time when Canada was contributing so generously abroad, she asked. She also asked what the Government could do to help Aboriginal women escape from the Catch-22 situation wherein if they reported family violence, they risked having their children removed from them.

Another Expert pointed out that it had not been his intention to criticise Canada, but to point out the prime importance of legislation.

With respect to the numbers of victims of sexual violence within the Aboriginal community, 76 per cent of such acts were committed against girls under 18 years of age, an Expert noted, also speaking of the number of Aboriginal children living in poverty, that did not finish schooling, that committed suicide, and asked what measures were being taken at the Federal and Provincial level in order to provide better protection for children and youth in the Aboriginal community. Another Expert asked a question about family reunification, in particular with regards to children’s right to join their parents. An Expert also asked what was the law that covered domestic violence as an offence, and whether it gave rise to a criminal sentence across all provinces, as this would give rise to difficulties in having a general policy against violence against women and in the family. What were the coordinated measures the State was taking to combat this phenomenon, she asked. Violence against women and children appeared to be a wide-spread phenomenon, with significant figures regarding female adolescents, which indicated that there was neither an efficient programme against this, nor effective punishments, and there was a need to explain what type of shelter and legal aid was available to women victims of domestic violence. The situation of Muslim women was also of interest, and the Expert asked what type of programmes existed and what studies had been done on their participation in cultural life in Canada.

Another Expert asked whether the idea of applying Sharia law to Muslim families in certain areas of Canada was still being considered. He also asked whether there was a contradiction in children under a certain age not being allowed to smoke or drink, but they could have sex. On child labour, Canada had been reluctant to adopt ILO Resolution 138 on the minimum age for various reasons linked to school children in part-time employment, and the Expert linked this also to the need to protect children. He also asked whether it was true that Canada had lax rules on Genetically Modified Foods. It appeared that Canada was heading towards a two-tier system of health care, and asked why it was so difficult to deal with the Medicare system, and to ensure that it functioned correctly.

Public sector responsibility was decreasing in terms of responsibility for services, an Expert noted, asking if this was being transferred to the non-profit or the profit sector, and if the latter was the case, how did Canada ensure that families were covered. Canada did not measure poverty, another Expert said, and different criteria were used by different agencies and bodies in Canada which provided low-income revenue, and there was no specific or exhaustive definition. Poverty today in Canada was very visible, in particular among the young, despite significant income growth over the last few years. Were the programmes launched over the last period sufficient to remedy poverty, and were the action plans on poverty and food security and others effective, he asked. The existence of food programmes showed how fragile the situation was, he said, asking why there was such a violation of the right to food in such a rich country. Did Canada not believe that Governmental policies themselves gave rise to and increased poverty, he asked, as the Government had reduced spending on social services in several provinces, and was creating poverty through its policies in this regard.

What measures had the State taken to combat the excessive use of alcohol among Aboriginals, another Expert asked, inquiring whether there was also excessive drug use, and what programmes existed, enlarging the question to cover the entire population.

An Expert asked when the State party intended to adopt a poverty line, and asked what Canada’s position with regards to this was, noting that this question had been asked at the previous review in 1998. The number of the poor had increased, and poverty seemed to have a direct impact on women in particular, he said. In tackling poverty, a human rights approach had to be taken. Taking up forced evictions, he said the security of tenure had been improved, but there was no provision preventing tenants from being evicted due to minimal arrears of rent, and this was a problem. What did the State party intend to do to increase social housing programmes for those in need, he asked, also inquiring if there was a fundamental reason for why up to now there was no national housing programme, and did Canada intend to adopt one.

Another Expert asked whether there was a pattern of housing cases that allowed one to say that a particular province or Canada as a whole was not fulfilling its duties to ensure that homelessness did not occur, and whether there was a part of Canadian legislation which aimed to prevent homelessness. Further, Canada needed to prove that the right to health was fully respected. Water in the Great Lakes was also a topic of concern, and the Expert raised the issue of the right to access to safe drinking water and whether the State party recognised this right as described by the Committee.

Immigrant Muslim women were over-represented in the precarious job sector, another Expert said, asking to what extent the Federal and Provincial Governments had a plan of action to protect those women. Another Expert took up the issue of food security and food banks, as the delegation had admitted that there was a problem in this regard. There was a correlation between lack of food security and children being taken into care, as well as one with lack of security of housing, and he asked whether this was recognised, as a high number of children, in particular Aboriginal and African-Canadian children were taken into care. Another Expert raised questions related to the right to health, access to medicines, and what the Government was doing in order to realise equal access to healthcare facilities.

It was well-known that Canada had strict and well-known protections for the environment, an Expert said, but there were problems with regards to water, and asked how could the different systems on a Provincial level be combined in order to protect the environment, and how they were coordinated to work together. Trade liberalisation was also taken up by an Expert, who raised the issue of the North American Free Trade Agreement and the settlement of disputes and Chapter 11 challenges by drug companies as a challenge to the adoption of a national Pharmacare plan, among others, and she requested a clarification from the delegation on these topics.

Response by Delegation

With respect to violence against women, the delegation said the Government was committed to addressing the issue, including against Aboriginal women and girls, and protecting them from sexual abuse, violence and neglect. The Public Health Agency of Canada was responsible for leading and coordinating the Family Violence Initiative, which promoted awareness of risk factors, the need for public involvement in response, and supported data collection and research efforts, among others. The Initiative played an important role in responding to intimate violence against women, as well as family violence. The National Clearing House on Family Violence resources were available free of charge, and connected those in need with local centres working on family violence issues. There was a broad range of resources, organizations, organs and bodies working to combat violence, including for Aboriginal women, and initiatives aimed at reducing violence using participatory action approaches, increasing and enhancing both knowledge, public participation, and reduction strategies. Significant endeavours had been made to improve the situation of Aboriginal women, in collaboration with the Native Women’s Association of Canada, in order to address racialised and sexualised violence against women. Canada aimed to build safer and healthier communities for all with these programmes, plans, and initiatives.

In situations of domestic violence, criminal charges were based on the conduct of the perpetrator, and these could include attempted murder and criminal assault, and were based on the Criminal Code that was applied across Canada. The Code provided that information could be laid before a Justice by or for any person who feared that another person posed a danger to them or their property. The Justice could order that the defendant enter into recognisance to keep the peace and comply with other reasonable conditions prescribed by the Court for a maximum period of 12 months. The Court could commit a defendant to prison if they refused to enter into recognisance. The Criminal Code had been amended in order to benefit victims of domestic violence in a number of ways. Pecuniary damages could be awarded in the case of bodily injury, subsequent to a court case.

All jurisdictions had Ministers responsible for the status of women, among other responsibilities. They were supported by agencies, councils, or secretariats responsible for women, the delegation said. There had been no closures specific to family courts, the delegation said, but some provincial court facilities had been closed due to not being cost-effective or under utilisation. In Alberta, access to courts on family violence matters had been increased in 1999, with the implementation of a new Act, which gave police increased powers when treating cases of family violence. Violence against women and children was recognised as a complex issue, requiring an integrated multi-faceted approach, but the Government recognised more needed to be done, including in Aboriginal communities.

On the right to family reunification, the delegation said that Canada recognised this, but did not believe that this created a right of people to immigrate into Canada, in a clarification of an issue brought up earlier. Provincial property laws did not apply to matrimonial real property on reserves, and those on reserves did not have access to the Canadian law system when issues arose that were connected to matrimonial real property when relationships began or broke down. The Government was committed to ensuring that this issue was addressed, but was undertaking further consultations in the spirit of collaboration to ensure that further legislation on this was developed with the First Nations. Preliminary discussions had already been held to determine next steps to move the matrimonial real property issue towards a proper solution.

With respect to the National Child Benefit claw-back, the delegation said that this was established in 1998 to help prevent and reduce child poverty and enhance access to the labour market to ensure that parents would be working. There was broad recognition that employment was the only permanent way out of low income. Since the inception of the National Child Benefit claw-back, employment had increased, and child benefit had also increased. This was seen as a model of successful national, provincial and territorial collaboration. Provinces and Territories had the flexibility to increase family payments, but not to reduce them below a fixed amount. The claw-back represented reinvestment resources that were put into increasing services and programmes. The vast majority of Canadian children living in low-income families had benefited from increased levels of child benefit assistance, and the organ was seen as a success for Canadian families. The proportion of children living in low-income families which was 12.8 per cent in 2004 had dropped considerably compared to a decade earlier, and the Government continued to provide a range of supports to parents with children.

On the age of consent, the delegation said the Criminal Code prohibited all forms of sexual activity with a young person below the age of consent, including kissing. All non-consensual sexual activity, regardless of age, was an assault. Currently, the age of consent for non-exploitative sexual activity was 14, with other criteria taken into account. Criminal law did not recognise the capacity of those between 14 and 18 to agree to exploitative sexual activities, including the participation in pornography and relationships with persons in authority. The Federal Government was responsible for criminal legal aid, and both men and women were treated equally therein. Legal aid was also provided to refugees. The Canadian Charter of Rights and Freedoms required that legal aid be provided when it was necessary for the process to be fair in cases of the apprehension of a child by the State. Resources were spent on civil legal aid in the Provinces.

With regards to pay equity, the delegation said that a Committee was currently working on a legislative framework that would help in resolving pay equity disputes, but no time-frame had yet been established. As regarded the question of whether it would be possible to go to a Court regarding the level of minimum pay in the Provinces, there was no real answer to this at present. The Canadian Charter on Rights and Freedoms applied to the whole of Canada, guaranteeing various rights, and international obligations were taken into account in interpretations of the Charter. The Government implemented the various elements of the Covenant through different programmes and policies. Like most countries, Canada did not have a simple poverty line, but had a range of measures through which to assess and measure a situation, including income thresholds and expenditure on food, shelter and clothing, after-tax income after all necessary expenditures and adjusted per size of the family. A less relative measure of income had been sought, including the Basic Needs Index, based on a basket of standard necessities of acceptable quality. Statistics Canada used measured low income, based solely on income, not including other types of benefits. There was no real consensus of what it meant to be poor, and this reflected the complexity of the issue, without being a denial of poverty.

Factors for determining minimum wage rates included consumer price index, gross domestic product, average hourly wage rates, nominal rates and after-tax wages, the strength of provincial economy, and public consultation on the issue, as well as, sometimes, the national low-income cut-off point. Factors for determining social assistance levels in Provinces included minimum wage consideration, other resources available from other governmental services, stakeholder consultations, and sometimes low-income cut-off rates. The new Universal Child Benefit was announced last week by the Government, as childcare was one of the Federal Government’s five key areas for activity, and this was aimed at providing direct child benefits to families, all of which would be able to receive a certain quantity for childcare every year, allowing them to choose the best form of childcare for their family’s needs. The amounts received by parents under the new Benefit would not reduce other benefits, including the child disability credit. It would not reduce the amount that could be claimed under childcare expense deduction. In implementing the new programme, the Government hoped to work collaboratively with Provinces and Territories. Beginning in 2007-2008, the Government would invest further to create new childcare spaces, with 25,000 places created every year. Aboriginal communities and employers would have access to these new childcare spaces. Overall, these and other measures announced in the budget would remove many low-income Canadians from the income tax rolls completely.

On disparities and distribution differences in unemployment figures and measures taken to fill these gaps, the delegation said the Government provided active employment programming to unemployed Canadians, focusing on helping them to get back to work through employment benefits and support measures, which could be applied to local labour markets. Provinces and Territories and regions experiencing economic difficulties received proportionally increased funding, and conditions for entry varied according to local employment market conditions. There were targeted wage programmes, self-employment programmes, job creation partnerships, and skills development programmes. Support measures included employment assistance programmes, labour market partnerships and research innovation identifying better ways for employees to keep employment and be more effective members of the workforce. These programmes and services were open to all Canadians, and recently the number of women participants had increased. So far in 2006, employment of adult Canadian women had increased about 1.5 per cent since the beginning of the year, with their unemployment slightly below that of men. Programmes for encouraging youth employment and Aboriginal employment, including that of women, were also proving effective. The integration of immigrants and immigrant women into the labour market was a complex issue, but the Government was working to encourage their participation with a strategy aimed at increasing their integration into the labour force, and the delegation noted that they were protected by Canadian labour laws.

On the level of employment assistance, evidence indicated that employment insurance benefits continued to be sufficient for the vast majority of claimants, the delegation said. Compared to other countries, it was relatively easy to qualify for employment insurance benefit. On asbestos, Canada had ratified ILO Convention 162 on safety and the use of asbestos in 1986, and periodically reported to the ILO on its application. On the minimum age for employment, each jurisdiction in Canada had extensive legislation protecting children, including on the amount of work children could do outside school hours. Children were required to attend school until at least the age of 16, and could not work during school hours, or during the night. Certain types of work could not be performed, including work likely to endanger their health, education or development. All Canadian workers were protected by the labour laws.

Some categories of workers were excluded from the right to strike as they provided essential services or were required for public safety. There were a few variances according to the Province, the delegation said. The Provinces were in the best position to determine what provided essential services, as per the conditions extant in that region. Alternatives such as binding arbitration were provided. With regards to Sharia law in Ontario, the new law, when it takes effect, will require all family law arbitrations to be conducted only under Ontario and Canadian law. Decisions on family disputes based on other principles, including religious principles, had no effect. People had a right to seek advice from any other source during disputes, including religious, but this advice would not necessarily be enforced by the Courts. Regarding the integration of Muslim women, according to the 2001 census, there were 276,000 Muslim women in Canada, 1.8 per cent of the women in Canada. The Government of Canada considered it a top priority to integrate all members of all ethno-cultural groups, including Muslim women, so that they could contribute fully to the social, economic, public and cultural life of Canada by working to ensure that they were taken into account in the formulation of programmes and policies, with four key areas of organisational development being determined and acted upon.

Regarding genetically modified organisms, technology could promote productivity, and the Government had strict standards through which it regulated such products, including genetically-modified crops. On the operation of The North American Free Trade Agreement chapter 11 arbitration and how these related to the realisation of economic, social and cultural rights, chapter 11 was not a unique set of rules. Promoting investment had not jeopardised Canada’s economic or social values, or compromised its ability to formulate programmes and policies that operated in an environmentally-friendly manner and there was no conflict between chapter 11 and Canada’s commitment to economic, social and cultural rights.

Health was a great priority for Canadians. Over the last few years the Governments of Canada had strongly re-invested revenue, including in social and health-oriented programmes. The Government had worked to ensure that the health system was well funded, and had invested considerably in it. The health transfer to Provinces and Territories had also been increased and indexed to a six percent rate of growth. The Government had established a limitation of patient wait times as a key area, which was aimed at making the system accountable to the patient, and also towards reassuring the patient that they had a minimal time to wait, and had recourse should that time exceed the acceptable. Work was also being done to improve drug access. Over the last few years, Canada had continued to invest in Aboriginal health issues, and there had been some progress, although this was not as good as Canada would like. Progress had been made, but problems were complex, and could not be fixed in only a few years, they required generations. It was important to understand that all the investments made in the health care were expected to benefit over the next decade, and not immediately. It was also pointed out that the Government of Canada provided some specific health programmes to Aboriginal peoples in complement to Provincial and Territorial services.

The new budget had reconfirmed the intention of the Government to continue to work on Aboriginal issues and to develop new approaches to meet the objectives that were set up at the First Ministers meeting on Aboriginal issues in 2005, the delegation said. The Government was investing in alcohol-abuse prevention programmes across the country, which include treatment centres operated by First Nation people for First Nation people. Challenges were huge, but there had been some progress over recent years. A suicide-youth strategy had been adopted in concert with Aboriginal groups, and 65 million Canadian dollars had been invested in 2005, including primary prevention and secondary prevention. There were also other programmes on mental health. More than 84.9 per cent of Canadians were satisfied with the way health services were delivered in Canada. The Government was not however satisfied with this, and was continuing to work on improving services, and had demonstrated over the last few years its will to do this.

With regards to the two-tier system, the delegation said it was the intention of the Government that this would be financed through public funding. Universal public access was being discussed in Canada at this time. Canada would work as it always had to defend the public access to service. There was a Federal programme on tobacco, and every Province had one too. On the right to water, in Canada’s view there was no international consensus on the existence of a right to water, and although there were a variety of international instruments which addressed issues related to water, none amounted to a general right to water. But Canada recognised that it had a duty to ensure that Canadians had access to safe drinking water. The current legislation of the Tenant Protection Act did not contain a guarantee from eviction for minimal arrears of rent. However, new legislation aimed to balance the rights of tenants and landlords, and tenants would be able to challenge the decisions of landlords, including eviction notices, before a Tribunal. The dispute resolution process would be fairer to tenants, and aid in enforcing their rights.

In follow-up comments, an Expert said the response on domestic violence had been excellent. In many countries there had been changes to the Criminal Code to cover domestic violence, and she did not see this happening in Canada, nor concerning trafficking in persons. Legal assistance could be used in civil cases, she said, noting the disparities in this regard across the different regions. Another Expert said one member of the delegation had said that in Canada there was no real understanding of what it meant to be poor, and that the efforts made now all tracked in the same direction, towards steady progress, but she said that this was not the opinion of a number of other organizations in Canada working in the field of poverty. A third Expert had a comment on the application of Sharia law in Ontario, asking if it was correct that it applied only when it came into conflict with Federal or Provincial law.

Questions by Experts

Taking up articles 13 to 15 of the Covenant, an Expert said higher education was supposed to be accessible to all, with the increase of free education, and it was the opposite in Canada, with fees for education rising, and with additional barriers against non-Canadians first, and second against non-residents. That foreign students were encouraged to stay on could contribute to brain drain for developing countries, he said, asking for confirmation whether Canada believed this. Another Expert said that according to information, the number of school dropouts in some provinces was higher than for others, and the number of children who did not complete school education was also high in some areas, and asked what was being done to remedy this. On the protection of basic human rights, the Expert said he had the impression after two days of discussion, that in Canada, it appeared that fundamental rights were addressed to the legislators, and it seemed that there was no remedy in the country, as the legislation could not be brought into question. If this was the case, there was an important gap in human rights legislation.

On education, an Expert noted that a significant education gap continued to exist between First Nations and Canadians as a whole, and there was a need for details as to what the Government intended to do in this regard. What steps was Quebec in particular taking in order to build on what had already been achieved, and was there a dialogue with the other provinces in this respect, she asked, inquiring what was going on in the field of education. What was being done with regards to the creation of a National Aboriginal Languages and Culture entity, she asked. Was there any coordination of initiatives, she queried, also asking if other Canadians were taught about the culture of the Aboriginals. Was cultural diversity being taught as a part of Aboriginal history, another Expert asked, including the way of life connected with land resources. Was there a law or initiative facilitating the use of indigenous rules and languages in public life, he asked, saying this was connected to the interest in indigenous culture.

Was the level of illiteracy a constant, another Expert asked, inquiring what actions were being undertaken by the central Government to improve these levels. Were there gaps in the current school system, he asked. Another Expert inquired whether the prohibition against corporal punishment was included in the legislation in all Provinces and Territories, and whether it was true that parents still used it. The tables which were provided showed that average University under-graduate fees and college tuition fees were on the rise, an Expert said, adding that this was contrary to the Covenant, and asking if there was any national plan of action to decrease tuition fees, and whether there was proof of positive discrimination for disadvantaged groups.

Response by Delegation

Basic junior and high school education was required to be free according to the Covenant, but nowhere did it say that University education had to be free, Mr. Kessel said, responding to the questions on tuition fees. It was true that the Government had changed the rules with respect to post-secondary tuition with regards to students coming to Canada and that they could stay and work for one to two years, and this was in response to many petitions by the students themselves, the delegation said. Wherever foreign Governments had commented on this, the comments had been favourable. It was being considered to allow students to apply to migrate to Canada whilst living within the country. Canada had not received any complaints from any Government about its nationals being allowed to migrate to Canada after graduation.

With regards to indigenous education, Canada was working to address the unacceptable gap between Aboriginal and non-Aboriginal people, improving educational outcomes for the former, thus enhancing their economic status. Canada had spent a considerable amount on instructional services, the reimbursement of costs for on-reserve students attending provincial schools, and student support services, among others. Approximately 60 per cent of on-reserve students attended Federal and First Nation schools. Over the last few years, all Provinces and the Federal Government and First Nations organizations had made education a top priority. An Action Plan had been developed which touched on a number of adjustments which needed to be made including parental engagement, as well as teacher retention, among other things. The number of students assessed with special assistance needs to complete their studies had been determined and supported.

On Aboriginal languages and culture, Canada continued to work with Aboriginal organizations to preserve, revitalise, promote and support Aboriginal languages, whilst continuing to support them through an existing programme. The Government had long recognised the importance of strong Aboriginal languages and cultures, and had worked to develop a long-term approach in their regard. On the promotion of ancestral rights and traditional knowledge, Canada recognised that this was important, and intellectual property rights were viewed as one way of protecting that knowledge. Canada supported National Women’s Aboriginal organizations to support and protect the role of women in their communities, helping to improve skills and knowledge whilst preserving cultural identity.

The Government of Canada supported literacy and essential skills programming delivered through Provincial and Territorial programmes, spanning many Federal departments and agencies. Interventions contributed to the programmes of the Provinces and Territories in the field of the development of essential skills, and increased the essential skill level of Canadians entering or already in the employment market. The Government had taken initial steps towards the development of a national strategy in concert with stakeholders for enhancing literacy and essential skills across the country.

The Government did not believe that it was in the interests of Canadian children or society to bring the full force of the criminal law on any parent who gave a mild spank in a disciplinary context, or a teacher who removed a child from a class. Corporal punishment that caused harm or raised a reasonable possibility of harm was not protected by the law, and would be punished.

In further comments, an Expert said mention had been made of 20 per cent illiteracy in Canada, asking whether there was another figure. Another Expert clarified that his question had been on secondary education, which the Covenant said should be progressively made free, whereas figures showed that the reverse trend was the case, with fees on the rise. A third Expert asked for an answer on his question on the use of autonomous indigenous languages in education and in courts, along with other measures that had been taken to promote and protect the use of these languages. Another Expert said that the application of different levels of fees for education on residents and non-residents, whilst all were Canadian, required clarification.

Responding, Mr. Kessel said education was a provincial matter, and there was no requirement in the Covenant that there be a single standard across the board for post-secondary education. There was access to post-secondary education, and Canada would work towards the ideal of free education, but could not promise it right here and right now. The delegation said the Government supported curriculum development that it was sensitive to Aboriginal needs, and these were taught in Aboriginal schools.

In closing remarks, Mr. Kessel said the delegation would like to thank the Experts for two days of very interesting discussions. A number of interesting questions and comments had been made, which would be given all due attention. The Government and various parties, including civil society, would continue to work towards achieving success in those few areas where work remained. Canada did not hide behind its Provinces to not implement its international obligations, and was a thriving democracy, in a federation where all levels of Government were accountable to the rule of law and the constituents. Its immigration practices could not be compared to slavery. The Government would continue to address its duties, and remained steadfast to improving the lives of all Canadians.

Some areas remained to be improved, and the Government recognised this. Canada was taking steps to progressively implement the rights in the Covenant, and had not regressed, as had been implied, Mr. Kessel said. Canada had clearly addressed the rights in the Covenant, and was working on the outstanding issues with which it was faced. In future sessions, it would welcome discussion of its best practices, as well as its challenges, which would contribute towards the implementation of the Covenant in other places. The comments of the Committee would be examined carefully. Canada was among only six countries which were up to date with reporting to the human rights bodies of the United Nations. The outstanding issues that remained would be given answers in the shortest possible period of time.

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