Canada - Child Rights Connect

STATE PARTY EXAMINATION OF CANADA’S THIRD AND FOURTH INTEGRATED REPORT ON CRC AND OPAC 61TH SESSION OF THE COMMITTEE ON THE RIGHTS OF THE CHILD 17 SEPTEMBER – 5 OCTOBER 2012 Contents Opening Comments ............................................................................................... 1 General Measures of Implementation ..................................................................... 2 Definition of the Child ............................................................................................. 3 General Principles .................................................................................................. 4 Civil Rights and Freedoms ..................................................................................... 4 Family Environment and Alternative Care............................................................... 5 Basic Health and Welfare ....................................................................................... 6 Education, Leisure and Cultural Activities ............................................................... 7 Special Protection Measures .................................................................................. 8 Concluding Remarks ............................................................................................ 11

Canada ratified the Convention on the Rights of the Child (CRC) on 13 December 1991. On 26 and 27 September 2012, the Committee on the Rights of the Child (the Committee) examined the 3rd and 4th integrated periodic report of Canada. It was last examined on September 2003. Canada has reservations to articles 21 and 37(c) and a statement of understanding to article 30 of the CRC. Canada ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in armed conflict (OPAC) on 7 July 2000. It was last examined on September 2003. Canada has a declaration to article 3 paragraph 2 of the OPAC.

Opening Comments The delegation of Canada was led by Dr Judith Bossé, Assistant Deputy Minister, Public Health Agency of Canada and by Ms Elissa Goldberg, Ambassador and Permanent Representative of Canada to the United Nations in Geneva. They were supported by a delegation consisting of representatives of Citizenship and Immigration Canada, Health Canada, First Nations Affairs and Northern Development Canada, Justice Canada, Human Resources and Skills Development Canada, the Government of Québec and of the Permanent Mission of Canada to the United Nations Office in Geneva. In her opening statement, Dr Bossé recalled the division of powers between the federal, provincial and territorial levels of government in Canada. She affirmed the commitment of all actors to the respect of the CRC. While she considered that Canadian children enjoyed a high level of well-being overall, the head of delegation acknowledged that some challenges remained regarding some groups of children and in particular children belonging to

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minorities, children for low-income families, children with disabilities, children living in rural areas, immigrants and indigenous children. The head of delegation mentioned efforts made in the areas of early childhood development, support to First Nations children’s education, abuse and sexual exploitation, the treatment of refugee children and juvenile justice. She especially stressed the government’s commitment to act on several aspects of First Nations children’s wellbeing. The head of delegation finally highlighted the global leadership of Canada in the areas of humanitarian aid and child rights. Ms Marta Mauras, one of the Country Rapporteurs, recalled that for more advanced economies like Canada, the Committee’s expectations in terms of child rights achievements were necessarily higher. She focused on the growing poverty of part of the population and the remaining gaps in the realisation of child rights, especially for children belonging to minorities.

General Measures of Implementation Legislation

The Committee wondered whether the reservations to articles 21 and 37(c) of the CRC would soon be lifted. Regarding article 37(c), the delegation indicated that since a recent reform, no children could serve detention time in an adult institution. An amendment to the law expected on 23 October 2012 would allow the review of this reservation. The justification for the reservation to article 21, which had been discussed at the previous review of Canada by the Committee in 2003 remained unchanged: customary forms of care or adoption were generally not reviewed by a competent authority as required by article 21; without the reservation, these forms of care would not be allowed. The Committee was concerned that the CRC did not have an official legal status at the Federal level. It asked whether there had been concrete cases where the CRC had been applied directly by judges in court decisions involving children. The delegation confirmed that international human rights treaties did not become part of Canadian domestic law automatically; however, obligations under such instruments were implemented through the provisions of the Canadian Charter of Rights and Freedoms, and corresponding policies and measures and had a role in the interpretation of domestic provisions. Budget

The Committee noted that the percentage of the State budget allocated to child rights had not been increased since 2007 and mentioned the lack of transparency of the State budget. Independent monitor

The Committee observed that despite efforts to establish the Offices of Provincial Children’s Advocates, no federal office had yet been established. It recalled the importance of such an institution at the national level, given that provincial offices could not have a mandate over federal matters. Dissemination and training


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The Committee asked whether children were aware of the CRC and whether it was part of the school general curriculum. It wondered whether staff who worked with children were specifically trained on child rights. The delegation replied that the State’s reports and the Committee’s recommendations were public and added that there was training for civil servants and there were several child rights awareness-raising programmes directed to both children and adults. The Committee asked whether the CRC had been translated into indigenous languages. The delegation replied that even though the CRC had not been translated into those languages, the principles of the text were still promoted among the First Nations population. Coordination and monitoring

The Committee asked for more clarification on the collaboration between the federal, territorial and provincial levels of government to ensure the coordinated implementation of the CRC. It stressed the importance of harmonisation and implementation of the same rights for all children. The delegation explained the collaborative approach between the different levels of government, which was that the federal level was in charge of general policies which were disseminated locally, while provinces targeted specific issues. The delegation also referred to specific agreements between intergovernmental mechanisms, provincial authorities and First Nations partners. The Committee inquired about whether the development of regular public reports on the situation of child rights in the country overall could be considered as a way to enhance collaboration and obtain an overview of the implementation of the CRC and related child rights standards in each province and territory. Preparation of the report

The Committee asked whether non-governmental organisations or children had been consulted for the preparation of the State report. Data collection

The Committee asked whether data on minorities other than First Nations children was available and regretted the lack of disaggregated data in this regard. The delegation explained that there was disaggregated data according to the ethnic and minority groups, immigration status, income, First Nations children and children of low income families. The data collection system for persons with disabilities was currently being reformed. International cooperation

The Committee welcomed the important international role of Canada, both financial cooperation and as a leader of initiatives on children’s situation. It nevertheless observed that the Canadian Official Development Assistance was currently lower than it had been in 2005. The delegation replied that Canada had increased its overall assistance and had committed to double its aid to Africa.

Definition of the Child


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While children were defined as persons under the age of 18 in the legislation, the Committee observed that in two areas, namely the protection against sexual abuse and the consent to sexual relations, individuals were considered children only until the age of 16. In addition, for a number of serious offences, children from 16 years of age could be tried as adults.

General Principles Non-discrimination

Acknowledging that Canada was a welcoming country, the Committee noted inequalities and discrimination towards First Nations children. The delegation indicated that efforts had been made to eliminate discrimination. Steps had been taken to address discriminatory provisions of the Indian Act; for example, children born to parents of which one was First Nations, could be registered as a First Nations person. Several measures had also been adopted to promote the First Nations culture. The Committee regretted the lack of gender perspective in the State’s report as some cases of gender inequality would have required attention. It asked whether any gender perspective was included in the design and implementation of policies. The delegation insisted on the Sate’s obligation to include a gender analysis perspective in its policies and programmes, which were assessed for their gender balance. Best interest of the child

The Committee asked about the respect of the principle of the best interest of the child in all settings. It specifically asked whether a court decision that did not apply the best interest of the child could be appealed. The delegation explained that the best interest of the child principle was considered in the design of all decision-making processes. At the judicial level, all proceedings and decisions, for instance on family law or juvenile justice cases, were guided by the principle of the best interest of the child, which was assessed on a case-by-case basis. The best interest of the child was also taken into account for asylum-seeking children in the review of asylum claims, as well as within assistance programmes and interviews with children. The right to life, survival and development

The Committee noted that the State report did not contain any information on the right to life. Respect for the views of the child

The Committee was interested to know whether the opinion of the child was respected in all settings and if children were aware that they were entitled to legal assistance during court proceedings.

Civil Rights and Freedoms Nationality


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The Committee was concerned by the information that children born to Canadian parents outside Canada were not automatically granted Canadian citizenship, which could result in statelessness. The Committee also asked whether the State had any intention to ratify the 1954 Convention relating to the Status of Stateless Persons. The delegation explained that Canada had ratified the 1961 Convention on the Reduction of Statelessness; moreover, stateless persons had access to relevant protection mechanisms. The delegation confirmed that a child born to Canadian parents outside of Canada would not automatically be granted Canadian nationality in order to maintain the value of the Canadian citizenship. Applications for citizenship could be filled if the parents returned to Canada or after three years residence in Canada; children of the second Canadian generation could exceptionally be granted Canadian citizenship if it could be proven that they would otherwise be stateless. Freedom of religion

The Committee was interested in knowing whether the realisation of the child’s freedom of religion faced any obstacle. The delegation stated that the freedom of religion was respected at school; children could choose to express any religion or belief, provided that it did not amount to religious discrimination or incitement to hatred. Both secular and denominational schools were in operation. Corporal Punishment

The Committee observed that corporal punishment was still a tolerated form of discipline at home. It asked whether legislation on the total ban was envisaged, along with the promotion of non-violent forms of disciplines. The delegation stated that corporal punishment had been broadly defined in the law and covered any non-consented force against another person. As part of the parental responsibility to educate children, corporal punishment was tolerated for minor corrections. The constitutionality of this definition had been recognised by the Supreme Court of Canada. In case of violence against a child, protection measures were taken, including counselling support for the family and removal of the child from the home if it was deemed to be in his or her best interest. The Government discouraged the use of corporal punishment and promoted positive parenting. The Committee asked whether prevention programmes addressing issues related to violence in the family had been adopted, targeting families that were particularly vulnerable due to low-income, addiction and unemployment. It also asked whether corporal punishment had been banned in alternative care settings.

Family Environment and Alternative Care Foster care

The Committee asked for clarification on the number of children placed in alternative care. The delegation stated that around 30,000 children were currently in foster care; however, provinces and territories, which were in charge of their respective foster care systems, maintained their own data.


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The Committee was concerned by the overrepresentation of First Nations children in foster care. It asked what measures were being taken to ensure reintegration into families, to prevent multiple placements and to ensure better quality of care. The delegation explained that prevention measures were being taken in partnership with communities to improve living standards of people living on First Nations reserves, in order to enable children to stay with their families. This approach reached 70 per cent of First Nations children. While the management of the foster care system came under the individual provincial and territorial jurisdictions, the federal government was committed to address the issue of quality of care through active collaboration.

Basic Health and Welfare Children with disabilities

The Committee observed the prevalence of poverty, violence and discrimination against children with a disability, as well as a high rate of segregation at school in some provinces. The delegation explained that because the management of the education system came under the individual provincial and territorial jurisdictions, provinces and territories were at different stages in implementing policies and regulations. The delegation assured the Committee that all local governments were committed to inclusive education for children with disabilities. The role of the federal government was the promotion of best practices, financial aid for education and awareness-raising. First Nations children health

The Committee asked how the implementation of measures to prevent family violence could reach First Nations families. It welcomed the initiative of health visitors on reserves to promote maternal health and healthy nutrition. It asked about the scope of those programmes and for information on the training and origins of health visitors. The delegation indicated that health visitors usually came from the same community they served in and were specifically trained and assessed. While 40 per cent of First Nations families were already reached through this approach, other populations and families at risk could also have access to such maternal and child health programmes. Health services

The Committee asked whether the National Action Plan “A Canada Fit for Children” provided a comprehensive and coordinated framework for the implementation of the CRC, OPAC and OPSC. The Committee also asked how it was monitored and evaluated. The delegation replied that the Action Plan reflected a joint effort between all governmental levels: provinces defined their own priority areas while taking into account central guiding principles. Breast-feeding

The Committee was concerned about the low rate of exclusive breastfeeding for the first six months. The delegation indicated that measures on the promotion of breastfeeding, including awareness-raising, had been taken up as part of a health framework that included 21 action points.


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Child nutrition

The Committee observed the increase of child obesity and asked about marketing control strategies and promotion of healthy food. The delegation reported that child obesity rates had been stable since 2004 and explained that programmes to promote healthy nutrition in the early years targeted the root causes of the phenomenon. Guidelines that would be made available to children, parents and schools were currently being drafted. The delegation insisted on the government’s will to address the issue of healthy eating habits but recalled that each province and territory could adopt its own approach. Mental health

The Committee was concerned by the increasing suicide rate among children, including First Nations children, and asked for a clear presentation of the situation of mental health in the country. The delegation presented a recently adopted mental health strategy that included an anti-suicide strategy through the targeting of root causes, as well as community-based interventions for First Nations children. Drug and alcohol issues

The Committee was concerned by over prescription of medication for Attention Deficit Hyperactivity Disorder. The delegation indicated that this issue was a matter of provincial and territorial jurisdiction and that it had been difficult to gather information on this from provinces and territories. Early childhood development

The Committee asked whether the elaboration of a national framework on early childhood development was being considered at the federal level. It was concerned by the high price of child care facilities. The delegation indicated that early childhood development was targeted through important direct investments at the federal level and a tax and transfer system targeting vulnerable families. The delegation added that in most provinces and territories, free early childhood facilities were available for children from low-income families from the age of four years. Maternity leave and other support were provided, including tax credits for the establishment of day care facilities within companies. Environmental health

The Committee asked whether a legislative framework had been set up to hold Canadian gas, oil and mining companies operating abroad accountable for environmental and other human rights abuses. The delegation recalled that Canada was party to the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous Chemicals and Pesticides in international trade of 1998. It considered that even though foreign States were primarily responsible for the respect of human rights on their territory, Canadian companies were expected to conduct their activities in a responsible manner and act in respect of all applicable laws and standards. To hold companies accountable for environmental abuse, Canada supported voluntary mechanisms of dispute resolution which are usually effective and less costly than national mechanisms.

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The Committee observed the disproportionately high dropout rate of African Canadian and First Nations children from school, as well as their overrepresentation in alternative schools. It asked whether the State planned to increase the financing of education for First Nations children. The delegation acknowledged the gap in education for First Nations children and explained that studies and audits were currently being carried out to analyse the situation. Funds had been invested for access to quality education and the government was committed to ensuring that the needs of these children were addressed in a holistic manner. Technical training

Canada had a reportedly high rate of greenhouse gas emissions, which had a worldwide effect. The Committee asked about education on climate change and environmental issues. The delegation agreed that the education system was the first vehicle to promote climate change responsibilities. It reported that environmental studies were part of the curriculum in sciences classes and that information on climate change was also conveyed through museums and social centres and by non-governmental organisations. On human rights education, the delegation indicated that it was indeed in school curriculum, mostly as a cross-curriculum theme. School violence

The Committee asked how school violence was addressed and whether incidences were followed up only with student suspensions, or if alternative techniques were being used.

Special Protection Measures Migrant and refugee children

The Committee asked about the treatment of asylum-seeking children. The delegation explained that unaccompanied and asylum-seeking children received full protection and care. Children were usually assigned a guardian and were accompanied by a representative during proceedings before immigration courts, where the child’s view could be expressed. The Committee asked whether migrant children could be detained upon arrival in Canada. The delegation indicated that children under the age of 16 could never be detained while detention of children from 16 to 18 was a measure of last resort, applied for the shortest period possible when necessary and only decided in the best interest of the child. Release was decided taking into consideration several factors or at the discretion of the Ministry of Public Safety. The Committee asked about the treatment of Roma children arriving from Hungary since most of them were at high risk if returned to their country. The delegation replied that this group of children was given the same access to the asylum process as any other. Child poverty

The Committee was concerned by income disparities and inequalities in children’s standard of living, especially for First Nations children compared to the rest of the Canadian population. It asked how progress in child poverty reduction was monitored and whether a comprehensive child reduction poverty approach, including an official measure of poverty, would be adopted. NGO GROUP FOR THE CONVENTION ON THE RIGHTS OF THE CHILD

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Even though Canada did not use an official measure of poverty, the delegation indicated that monitoring of poverty rates and corresponding strategies had been successful to date. It added that the number of low-income families had decreased. While there was a coordinated approach at the federal level that targeted vulnerable groups of children, provinces and territories were in charge of their own poverty reduction strategies. The delegation presented the Universal Child Care Plan, which provided benefits for low-income families and support for employment of parents, including for First Nations families. It also mentioned two initiatives to reduce poverty of minorities: the First Nations and Inuit Child Care Initiative and the First Nations National Child Benefit Initiative. Social benefits were available to all children regardless of their ethnicity. Child labour

The Committee asked for clarification on overlap between the minimum working age, which was 15 years, and the age of compulsory education which was 16. It observed that in some provinces, children younger than 15 usually worked and asked why the International Labour Organisation (ILO) Convention 138 had not been ratified by Canada. The delegation indicated that the age of 15 as the minimum working age was in conformity with the ILO recommendations; currently, 16.6 per cent of children from 15 to 18 were employed. The delegation explained that the ratification of ILO Convention 138 required provincial and territorial agreement; however, the content of the instrument was already mostly respected in the country. Juvenile justice

The Committee asked for confirmation of whether sanctions that applied to adults could also be applied to children from the age of 16 for certain offences. It also asked whether there were special tribunals for children. The delegation indicated that all cases involving children were heard in youth courts. For a number of serious offenses, a child from the age of 14 could receive an adult sanction, provided that the need for such a sanction could be demonstrated by the prosecutor. Such sanctions would apply similarly to adolescents and adults. In those cases, children were detained in youth facilities. The Committee asked whether the separation of boys and girls in detention facilities was upheld in practice. The delegation explained that the management of detention facilities fell under provincial and territorial jurisdiction. In the Province of Quebec, boys and girls were detained separately. The delegation added that corporal punishment was not tolerated in youth facilities. The Committee asked for clarification on the new Bill C-10 “Safe Streets and Communities Act” reforming the juvenile criminal system, which seemed less appropriate than the previous law, for example in relation to the application of adult sentences to children. The delegation replied that the drafting and adoption of the new bill had been carried out on the basis of relevant assessments and studies; provisions on extrajudicial measures remained unchanged, while protection of privacy was respected, except when the publication of the minor’s name was necessary to protect the public from risk.


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Optional Protocol on Children in Armed Conflict General measures of implementation Legislation

The Committee observed that the age of recruitment in the armed forces was below the requirement of the OPAC. The delegation confirmed that the age of voluntary recruitment was 17 or 16 for children already in military college; voluntary recruitment required the consent of the child’s legal guardian and there were specific measures required to be taken to obtain informed consent. The delegation affirmed that no child under the age of 18 could be deployed to participate in direct hostilities. Preparation of the report

The Committee observed that information on the implementation of the OPAC had not been included in the report. Dissemination and training

The Committee asked whether dissemination of the OPAC had been undertaken and whether children were aware of its existence and understood its provisions.

Prevention The Committee noted that no information had been detailed in the State report on defence academies. The delegation reported that there were two military colleges in Canada. The Committee also asked what measures had been taken to prevent Canadian small arms and weapons being exported to countries where children could be – or were known to be – involved in an armed conflict. The delegation answered that a strict control was imposed on arms exportation; no weapons were exported to countries under sanctions of the United Nations or which had a persistent record of human rights violations.

Prohibition and Related Matters Recruitment

The Committee asked whether active targeting for recruitment was taking place, in particular of vulnerable or First Nations children. The delegation indicated that on the contrary, the defence forces aimed to recruit people from different backgrounds in order to reflect the diversity of the Canadian society. Detention

The Committee asked whether children were detained in Afghanistan under Canadian authority. The delegation stated that while Canadian soldiers had been sent to Afghanistan, they had all left the country in accordance with the transfer of responsibilities to Afghan authorities. Some juveniles could be detained in Afghan detention facilities under Afghan law. Canadian authorities regularly organised follow-up visits in detention centres. The Committee asked whether any action had been taken by the government to ensure the return to Canada of Omar Khadr, who had been detained in Guantanamo. The delegation explained that according to the United States - Canada agreement, the transfer of offenders NGO GROUP FOR THE CONVENTION ON THE RIGHTS OF THE CHILD

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required the consent of both States and of the offender. An application had been filled by the offender and a decision would soon be taken. Extraterritorial jurisdiction

The delegation indicated that the recruitment abroad of child soldiers was a crime that could be prosecuted in Canada, provided that the victim or the perpetrator was present in Canada. It added that war crimes as defined in the Rome Statute of the International Criminal Court were punishable with life imprisonment.

Protection, Recovery and Reintegration The Committee was interested in the treatment of child soldiers arriving in Canada from abroad. The delegation indicated that former child soldiers could apply for asylum and were treated as any other child, although cases could be processed as a priority. The delegation also stated that Canada supported programmes of rehabilitation of former child soldiers living abroad to ensure that children were protected.

Concluding Remarks Ms Mauras, the country Rapporteur, thanked the delegation for the dialogue. She mentioned the considerable efforts and investments made by the government in favour of children’s rights, recalling that Canada should make sure that progress benefited all children. She considered that Canada was providing a good example of coordination at different levels, although some challenges remained to achieve a more effective and fair system. The head of delegation indicated that recommendations would be carefully examined and would assist the State in its efforts to improve child rights implementation. She considered Canada as a country respectful of human rights and proud of its bilingual, diverse, multiethnic and multicultural society. Finally, Dr Bossé indicated that all levels of the State were aware of Canada’s child rights obligations and recalled that a federal system allowed the adoption of tailored and specific measures.


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