Part II - Measures adopted by the Government of Canada

Article 2: Anti-Discrimination Measures

Legal aid

46. The Government of Canada acknowledges the recommendations raised in paragraph 356 of the Committee's Concluding Observations concerning civil legal aid as well as funding for equality test cases.

47. Between April 2003 and March 2006, the Government provided dedicated funding for civil legal aid through contribution agreements. This funding has been extended for the period of one year, ending March 31, 2007.

48. Between April 2003 and March 2006, the Government of Canada allocated a total of $34.5 million in immigration and refugee legal aid to the six jurisdictions that provide these services.[5] This funding was used to assist and to represent immigrant and refugee claimants through the refugee determination process (according to the legislative provisions of the Immigration and Refugee Protection Act) . In 2003-2004, the six provinces processed 46,350 claims; in 2004-2005, 44,231 claims were handled. No data disaggregated by sex are collected regarding the recipients of these services.

49. The objective of the Legal Aid Pilot Project Fund is to address unmet legal aid needs in targeted areas of civil law (including immigration and refugee, family and poverty law) by developing effective and efficient approaches to the delivery of civil legal aid services in these targeted areas; improving access to civil legal aid services; and informing federal, provincial and territorial legal aid policy development and implementation. Between April 2003 and March 2006, the Government of Canada contributed a total of $3.1 million towards the cost of 12 civil legal aid pilot projects.

50. Although no sex-disaggregated data are collected regarding the recipients of legal aid services, provincial and territorial governments estimate that approximately 70 percent of the people receiving family and poverty law services are women. Most of the projects were funded for all three years of the Legal Aid Renewal Strategy; two were funded for a one-year period only.[6]

51. Interim report findings on projects funded have shown:

  • Many of the projects address unmet needs in civil legal aid by improving the delivery of legal aid and offering more services.
  • Reserving lawyers' time for legal rather than administrative matters (i.e. using paralegals to assist lawyers in immigration and refugee law matters) has shown promise.
  • There is a need for more civil legal aid services, particularly in the territories.
  • The projects with links to other community services are able to provide more comprehensive support to clients by helping them address their both their legal and non-legal needs.
  • Legal services have been offered to people who would otherwise be considered ineligible for legal aid.
  • The “ store-front" approach to offering legal assistance services appears to make it easier for clients to find out about services and to make use of them.

52. However, the projects have also encountered a number of challenges:

  • a lack of community infrastructure, which in turn, causes delays in project start-up and operation;
  • a lack of sufficient funding to fully implement the pilot projects to meet client demand;
  • a lack of commitment of key stakeholders; and,
  • ongoing concern over the future of the pilot projects following the conclusion of the project contribution agreements.

53. With respect to equality test cases, funding for the Court Challenges Program continued over the period of this report for challenges related to federal law and policy.

Complaints of gender-related discrimination

54. From 2002-2005, the percentage of complaints to the Canadian Human Rights Commission (CHRC) that cited sex (female) as a ground of discrimination has remained fairly constant, with a slight decrease in 2005 (14 percent in 2002, 14 percent in 2003, 15 percent in 2004 and 10 percent in 2005). The majority of complaints on this ground have arisen in the employment context, related to harassment, differential treatment and termination of employment. The following table provides a breakdown of complaints.

Canadian Human Rights Commission
Number of complaints where the ground of sex (female) was cited during the period of January 1, 2001 to December 31, 2005
  2001 2002 2003 2004 2005 Total
Number of accepted complaints by year 140 147 179 153 84* 1,296
             
Allegations 2001 2002 2003 2004 2005* TOTAL**
Employment - differential treatment (2005***) 29 44 57 59 28 217
Employment – harassment 83 79 98 78 32 370
Employment - pay equity 8 4 1 0 2 15
Employment – policy or practice (2005****) 2 10 12 17 6 47
Employment - recruitment forms, ads or inquiries 0 1 0 0 0 1
Employment - refusal to accommodate 1 3 6 16 6 32
Employment - refusal to hire 4 5 8 3 4 24
Employment - termination of employment 22 33 42 33 25 155
Notices, signs, symbols 0 0 0 0 1 1
Services - denial of service 1 2 1 0 2 6
Services - differential treatment 0 1 5 5 3 14
Services – harassment 2 4 6 2 3 17
Services - policy or practice 5 0 8 1 2 16
Union membership 0 1 0 0 1 2
Grand Total 157 187 244 214 115 917

*594 related complaints have been grouped into one. They all relate to a job classification issue in a female predominant occupation (nursing) in a large government department. As the CHRC legislation does not contemplate class action complaints as a matter of course, and as the complainants were not represented by a specific bargaining agent or employee association, it was necessary to accept complaints from each individual to preserve any possible entitlement to a remedy, even though a single investigation was conducted to address the issue.

**The total number of allegations cited exceeds the total number of complaints received because some complaints dealt with more than one allegation.

*** Allegation - Employment - differential treatment – In 2005, 258 new complaints which relate to job classification were grouped and counted as only one (as per * above).

**** Allegation - Employment - Policy and Practice – In 2005, 439 new complaints which relate to job classification were grouped and counted as only one (as per * above).

Aboriginal women

55. Information on gender-based analysis within the programs, policies, legislation and negotiation activities related to Aboriginal women can be found in the response to question 14 on the list of issues to be taken up in connection with the consideration of the fourth periodic report of Canada concerning the International Covenant on Economic, Social and Cultural Rights (http://www.unhchr.ch/tbs/doc.nsf/(Symbol)/E.C.12.CAN.Q.4.Add.1.En?OpenDocument) .

56. Information on activities of the Aboriginal Peoples' Program (APP) is also available in the response to question 14. An evaluation of the APP conducted in 2005 has shown that it strengthens the capacity of Aboriginal women to maintain national organizations and access others sources of funding to further their work, including issues related to human rights, while project funding has helped individual Aboriginal women to assume a leadership role within their communities and contribute to their cultural and socio-economic well-being.

57. On June 20, 2006, a Ministerial Representative was appointed to work with the Native Women's Association of Canada and the Assembly of First Nations in developing a plan for consultations on the issue of matrimonial real property. This nation-wide consultation is the first of a series of measures to protect the rights and to ensure the well being of women, children and families living on-reserve. This is a complex issue because it touches on intergovernmental relations, jurisdictional matters and constitutional questions. Any legislative model proposed would ensure that on-reserve residents have access to matrimonial real property rights and remedies.

58. In addition, Canada has developed self-government guidelines on matrimonial property to assist federal negotiators in ensuring that the issue of matrimonial property is addressed in self-government negotiations and that the Indian Act legislative gap with regard to matrimonial real property is not duplicated in any self- government regime.

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Article 3: Measures to Ensure the Advancement of Women

Gender-based analysis

59. In September 2005, the Government of Canada established a three-member Expert Panel on Accountability Mechanisms for Gender Equality, to study accountability and provide advice on strengthening gender equality in Canada. The conclusions and recommendations of the Expert Panel were tabled in the House of Commons in November 2005. The final report was released in July 2006 and can be found on the Status of Women Canada Web site at http://www.swc-cfc.gc.ca/resources/panel/report/index_e.html. Follow-up to the report is included in the Government's response of September 2006 (see below).

60. In May 2006, the House of Commons Standing Committee on Status of Women re-tabled its report entitled Gender-Based Analysis: Building Blocks for Success (http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?SourceId=143449), which focused on accountability concerning the use and results of gender-based analysis (GBA). The report made nine recommendations for ensuring the systematic application of GBA to all federal policies and program activities. The Government response of September 2006, outlines action undertaken to implement GBA and the Government's commitment to ensure a GBA lens is applied to new proposals and to increase accountability for the application of GBA within government structures and mechanisms. (http://cmte.parl.gc.ca/cmte/CommitteePublication.aspx?COM=10477&Lang=1&SourceId=171841).

Violence against women and girls

61. Canada's multi-disciplinary approach to addressing violence against women includes legislative responses coupled with the development of programs, policies and other initiatives. Canada's criminal laws provide a broad range of protection against violence including provisions prohibiting assault/sexual assault, criminal harassment, trafficking in persons, female genital mutilation, and child sexual exploitation (including child luring, child pornography, child prostitution, and other sexually exploitative conduct). Canada's criminal law also requires that instances of spousal or child abuse be taken into consideration as aggravating circumstances for the purposes of sentencing.

62. In January 2006, Criminal Code and Canada Evidence Act amendments came into force that facilitate the receipt of testimony by children and other vulnerable victims and witnesses (including victims of trafficking, sexual or spousal violence) and provide greater protection by extending and making more readily available the use of testimonial aids such as screens, closed-circuit television and support persons. Victims and witnesses under the age of 18 will receive any of these testimonial aids and other measures upon application. Other vulnerable victims and witnesses such as women who have experienced violence may receive a testimonial aid or other measure if the judge feels it is necessary for the victim or witness to provide full and candid testimony. Victims of criminal harassment (commonly known as stalking) will be able to have a lawyer appointed to conduct their cross-examination if the accused is self-represented. The January 2006 reforms also facilitate the criminal law enforcement of breaches of civil restraining prevention or protection orders, often used in cases of family violence.

63. The Policy Centre for Victim Issues (http://canada.justice.gc.ca/en/ps/voc/index.html), established in 2000, works toward improving the experience of victims of crime, including women who have experienced violence, in the criminal justice system. The Centre engages in legislative reform, consultation, policy development, research, and project funding.

64. A range of resources and tools have been developed to help criminal justice professionals, community organizations and individuals better prevent and curb family violence and violence against women, for example:

  • promotion of access to justice for deaf people who have been victims of domestic violence, including resource tools for judges;
  • a Handbook for Police Responding to Domestic Violencethat provides information on domestic violence and its impacts on children;
  • a National Forum on Family Violence that educated police executives on family violence issues and initiatives, explored approaches and profiled good practices in the police and community response to family violence;
  • a National Network of support and capacity building for frontline workers addressing partner violence against immigrant and visible minority women;
  • a two-day national forum Femmes francophones en situation minoritaire solidaires dans la lutte à la violence faite aux femmes (National Forum on francophone women in minority situations) that brought together service providers and key representatives from each province and territory to discuss issues regarding domestic violence.

65. Canada's Fifth Report on the International Covenant on Economic, Social and Cultural and Rights (http://www.pch.gc.ca/pgm/pdp-hrp/docs/cesc-eng.cfm) and Canada's response to the questionnaire from the UN Special Rapporteur on Violence Against Women (http://www.swc-cfc.gc.ca/pubs/unreport/index_e.html) provide additional information on Government of Canada initiatives that address intimate partner violence against women, including the key results, performance indicators and measurement approaches used in the evaluation of the Family Violence Initiative (FVI).

66. The Family Violence Initiative Performance Report 2002-2003 and 2003-2004 (http://www.phac-aspc.gc.ca/ncfv-cnivf/familyviolence/pdfs/2004-Family-Violence-Initiative_E.pdf), demonstrates that the FVI has continued to play an important role in efforts to prevent and respond to family violence. Results include strengthening the Initiative's horizontal management approach, advancing partnerships, focusing on the unique needs of specific populations, increasing its responsiveness to diversity and refining information dissemination strategies. The performance report provides an overview of the Government of Canada's investments, progress and results in family violence prevention and intervention from April 2002 through March 2004.

67. Status of Women Canada is using its annual FVI allocation ($1 million over four years, from 2003-2004 to 2006-2007) to fund national initiatives undertaken solely by Aboriginal women's organizations on violence against Aboriginal women.

68. The National Clearinghouse on Family Violence continues to operate as part of the FVI. A dditions to the Clearinghouse reference and information collection include updated versions of Violence in Dating Relationships – Overview Paper, Violence against Women with Disabilities – Overview Paper and Transition Houses and Shelters for Abused Women in Canada. A needs assessment study conducted in 2005 produced recommendations that will enhance the Clearinghouse's ability to address the needs of women who are victims of violence. A list of publications available from the Clearinghouse can be found at http://www.phac-aspc.gc.ca/ncfv-cnivf/familyviolence/femabus_e.html.

Aboriginal women

69. In May 2005, $5 million in funding over five years (2005-2010) was announced for the Sisters in Spirit initiative, a campaign that the Native Women's Association of Canada (NWAC) launched in March 2004 to raise awareness about the high rates of racialized and sexualized violence against Aboriginal women (www.sistersinspirit.ca/). The funding supports activities aimed at quantifying the number of missing and murdered Aboriginal women, identifying trends, understanding the root causes of violence and underlying factors contributing to racialized and sexualized violence, and influencing policy, programs and services meant to eliminate violence. The Sisters in Spirit initiative will develop a comprehensive policy strategy for work at both national and international levels on issues relating to Aboriginal women's human rights.

70. Other initiatives supported by the Government of Canada in the reporting period include:

  • A Nunavut Symposium on Violence Against Women, held in January 2006, brought together professionals and community members to consult on issues related to the high levels of violence against women, examine policies and resources that exist within Nunavut to address family violence, and explore solutions.

  • The Pauktuutit Inuit Women's Association elaborated a “ National Strategy to Prevent Abuse in Inuit Communities" that aims to develop sustained relationships among partner organizations addressing abuse in Inuit communities; co-ordinating the efforts of these organizations and implementing practical, effective and culturally appropriate services and programs to promote healing.

  • The Pulaarvik Kablu Friendship Centre's “ Spousal Abuse Counselling Program for Rankin Inlet" was a pilot project consisting of a culturally appropriate counselling program for abusers, victims, and an educational community outreach program. The program was aimed at reducing spousal abuse incidences in Rankin Inlet (in Northern Canada). An evaluation of the pilot project indicated that it was promising.

Shelters for victims of violence

71. The Shelter Enhancement Program (SEP) assists in repairing, rehabilitating and improving existing shelters for women, children and youth as well as men who are victims of family violence, and in the acquisition or construction of new shelters and second stage housing where needed. Overall, federal, provincial and territorial partners provided over $47 million in funding for the SEP from 2003 to 2005.

72. The 2002 evaluation of SEP found that, from 1996 to 2001, 65 percent of existing shelters and second stage housing received funding for repairs and improvements and SEP funding covered 60 percent of all repair costs in these shelters. These expenditures significantly improved the physical conditions and safety of the shelters.

73. The evaluation also found that, as a result of improvements, the program had positive impacts on shelter usage by women and enhanced family violence programs. A third of shelters that received SEP repair funding reported an increase in the number of women coming to the shelters and nearly 30 percent said that women were staying longer. Existing shelters reported an increase of six percent, or 5,567 more women and children served, in 2000 versus 1998, and the majority reported that improved shelters helped women better address family violence problems and move to non-violent situations.

74. In addition to repairs, SEP funding expanded the number of family violence shelters in Canada by seven percent, with 348 units in 36 shelters. Fourteen of these were for First Nation communities, which had no shelter facilities prior to 1996. These measures contribute to the overall objective of the Government of Canada's FVI.

75. The SEP evaluation included an assessment of projects funded for youth in 1999-2000 and 2000-2001. SEP funding resulted in a 26 percent increase in capacity in the youth shelters reviewed. Most of the shelters serve both males and females, two are for females only and one is for males only. Typical clients served are aged 16 to 24, and one shelter is for pregnant teens. The main impacts of this program for youth shelters have been to: improve the facilities, reduce operating costs, enhance safety and expand shelter programs that have allowed shelters to increase occupancy rates and improve client services. The evaluation also noted that 79 percent of the youth served have experienced family violence problems. A continuing need for funding for shelter repairs and expansion of the capacity to meet demands was evident.

Immigration and Refugee Protection Act

76. Since 2002, annual reports to Parliament on the Immigration and Refugee Protection Act (IRPA) include a gender-based analysis of the impact of the IRPA. These are publicly available and can be found on the Citizenship and Immigration (CIC) Web site at www.cic.gc.ca, under media and publications.

77. Assessments of the IRPA legislation and regulations were undertaken to identify components that might have potential gender impacts and would thus require further data collection, research and/or ongoing monitoring. Developing mechanisms for collecting and analyzing gender-related data, training to build capacity and developing a framework for reporting this information were identified as priorities.

78. The Strategic Framework for Gender-Based Analysis (2005–2010) sets out the strategic objectives and principles for gender-based analysis (GBA) at Citizenship and Immigration Canada and the required steps to strengthen capacity and performance in this area. GBA Branch Plans are central to the Strategic Framework. I n its 2005 Annual Report on Immigration, CIC identified five Branches with different areas of responsibility for IRPA as having completed GBA Plans: Refugee Branch, Integration Branch, Selection/Immigration Branch, Admissibility/Risk Assessment and Mitigation Branch, and Strategic Policy. These plans identify a range of IRPA reporting priorities. The report indicates measures being undertaken to implement the branch plans, for example, the collection of sex-disaggregated data.

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Article 6: Trafficking of Women and Exploitation

Trafficking in women and girls

79. Canada ratified the UN Convention against Transnational Organized Crime, and its two Protocols, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially women and children (Trafficking Protocol) and the Protocol against the Smuggling of Migrants by Land, Sea and Air , on May 13, 2002.

80. Canada's ongoing efforts to combat human trafficking both domestically and internationally are guided by international standards. An Interdepartmental Working Group on Trafficking in Persons, consisting of 17 federal departments and agencies, coordinates Canada's federal efforts to address this complex issue.

81. Canada cooperates with the United States of America on issues related to trafficking in persons, working with US counterparts at the border to detect and apprehend individuals who commit cross-border crimes, including human trafficking. Canada also supports TIP prevention and awareness-raising efforts in source countries abroad, through partnerships with NGOs and multilateral organizations, including in regions such as West Africa, Southeast Asia, Central America, Eastern Europe and the Caribbean.

82. Canada has strengthened its criminal law response to trafficking in persons. On November 25, 2005, Bill C-49, An Act to amend the Criminal Code (trafficking in persons), S.C. 2005, c.43, came into force, creating three new indictable offences to specifically address trafficking in persons. These offences prohibit: trafficking in persons (punishable by a maximum of life imprisonment), the receipt of a financial or other material benefit for the purpose of committing or facilitating the trafficking of a person (punishable by a maximum of 10 years imprisonment); and withholding or destruction of documents – such as a victim's travel documents or documents establishing their identity – for the purpose of committing or facilitating the trafficking of that person (punishable by a maximum of five years imprisonment).

83. To build on Canada's ongoing anti-trafficking efforts, in May 2006, new guidelines for immigration officers were released to ensure that victims of trafficking receive consideration for immigration status, as individual circumstances warrant. The new measures include the issuance of temporary resident permits (TRPs) to victims of trafficking for up to 120 days, immediate eligibility for health-care benefits under the Interim Federal Health Program, including counselling if needed, and a fee waiver for the TRP. The new measures are designed to help victims of trafficking escape the influence of their traffickers and recover from their ordeal. Victims of trafficking are not required to testify against their trafficker to gain this temporary immigration status.

84. For more information on Canada's efforts to combat trafficking in persons, please see http://canada.justice.gc.ca/en/news/nr/2005/doc_31486.html.

Sexual exploitation of children and youth

85. On September 14, 2005, Canada ratified the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography .

86. Bill C-2, An Act to amend theCriminal Code (Protection of Children and Other Vulnerable Persons) and the Canada Evidence Act, S.C. 2005, 32, strengthened Criminal Code prohibitions against the sexual exploitation of children, including the child pornography provisions (broadened the definition, created a new offence against audio child pornography, narrowed the defence and increased penalties). It also amended the sexual exploitation offence to better protect young persons from those who would prey on their vulnerability and to provide increased penalties for child sexual exploitation offences. These amendments came into force on November 1, 2005. Bill C‑2 also created amendments to strengthen provisions that facilitate the testimony of all child victims/witnesses; these came into force on January 2, 2006.

87. In May 2004, a national strategy to protect children from sexual exploitation on the Internet was launched. As part of this strategy, approximately $42 million over five years was allocated to expand the Royal Canadian Mounted Police's national co-ordination centre and provide law enforcement with better tools and resources to investigate Internet-based child exploitation. Some of this funding will be used to provide better public education and reporting, and to build stronger partnerships among governments, industry and other stakeholders.

88. Cybertip.ca operates as Canada's national tip-line for reporting the online sexual exploitation of children. It was officially launched on January 24, 2005, after previously operating as a successful provincial pilot project for a number of years. Cybertip.ca also plays an important role in promoting education and awareness about child sexual exploitation. Since the national launch of Cybertip.ca, 7,013 reports have been fielded across Canada and around the world, representing a 430 percent increase over the previous year when the tip-line operated as a pilot project. Further, since its inception as a pilot project, it has resulted in the arrest of 17 individuals and 972 Web sites have been shut down. As well, in 2005-2006, approximately 5,771 reports of potential online sexual abuse of children had been received by Cybertip.ca. For more information, please see http://www.cyberaide.ca/app/en/about

89. The Government of Canada has also created the CyberWise.ca Web site where children, teens, parents, teachers and youth professionals can find research, learning activities and other online resources that promote the safe use of the Internet. For more information, see www.cyberwise.ca.

90. The Government contributed funding in 2003-2004 and 2004-2005 to the Canadian Red Cross for the development of an accessible and comprehensive resource tool, entitled Child Sexual Abuse: Protection, Intervention and Canada's Laws, for Canadian professionals and paraprofessionals, working with children or in relevant professions. The need for this tool was identified through consultations with professionals in the field.

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Article 7: Women in Politics and Public Life

91. The Government of Canada recognizes that the active participation of women from diverse experiences in leadership and decision-making is central to equality. The election of a new federal government in January 2006 resulted in 62 women being elected out of 308 seats in the House of Commons. Six women were appointed to Cabinet positions. The Government supports the non-governmental initiative "Getting to the Gate", an online bilingual campaign course that aims to increase the number of elected women at all levels of public office by providing practical tools and guidance.

92. Since 2004, four of nine judges on the Supreme Court of Canada have been women, making it the most gender-balanced high court in the world. Overall, 26 percent of all federally-appointed judges are women, and women constitute 35 percent of the Senate.

93. A number of Canadian Embassies, High Commissions and Consulates have organized annual activities for International Women's Day, which have included bringing together elected female government representatives to speak about their experiences and receive media attention for their work in the hope of showcasing them as models for younger generations of women.

Aboriginal women

94. Information regarding the participation of Aboriginal women in governance activities can be found in the response to question 14 on the list of issues to be taken up in connection with the consideration of the fourth periodic report of Canada concerning the International Covenant on Economic, Social and Cultural Rights ( www.unhchr.ch/tbs/doc.nsf/(Symbol)/E.C.12.CAN.Q.4.Add.1.En?OpenDocument ).

95. The Government of Canada is working to increase the participation of Aboriginal women in political processes, in particular by engaging Aboriginal women in the negotiation of self-government agreements with First Nations Chiefs. In 2006, 105 of the 633 Chiefs were women, a significant increase since 2004.

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Article 11: Employment

Employment measures

96. In 2006, the Government of Canada introduced the following new measures, which will also benefit women:

  • initiatives that facilitate the employability of immigrants and future newcomers and funding to provide a range of assistance for immigrant settlement, such as helping newcomers with language training and employment related services;
  • income tax credits that will help alleviate pressures on low-income Canadians; and
  • a feasibility study to evaluate current and potential measures to address challenges faced by displaced older workers, including the need for improved training, and enhanced income support such as early retirement benefits.

97. There may be some specific types of social benefits that are not available to workers in non-standard employment; however, Canada has a well-developed social system, which provides for a minimum level of support and helps to ensure a wide range of coverage for Canadians.

Aboriginal women

98. The Aboriginal Human Resources Development Strategy (AHRDS) helps Aboriginal people prepare for, obtain and maintain employment. From 1999 to March 2006, the AHRDS assisted over 159,330 Aboriginal women receive 244,600 interventions in employment, training and skills development. The AHRDS supported over 47,400 Aboriginal women in finding employment, and over 18,000 Aboriginal women in returning to school.

99. The AHRDS was renewed in December 2003 for five years to March 2009, with an emphasis on increased federal/provincial/territorial collaboration and increased responsiveness to skill needs. See Canada's Fifth Report on the International Covenant on Economic, Social and Cultural Rights for additional information (paragraphs 95-98).

Persons with disabilities

100. There are several Government of Canada programs that aim to improve the employment situation of people with disabilities. These programs also often provide disability supports to enable workplace participation. Canada's fourth comprehensive report on disability in Canada, Advancing the Inclusion of People with Disabilities 2006 can be found at http://www.hrsdc.gc.ca/eng/disability_issues/index.shtml.

101. In 2004, Employability Assistance for People with Disabilities was replaced with Labour Market Agreements for Persons with Disabilities (LMAPD). Under the LMAPD, the Government of Canada contributes funding to provincial programs and services to support the participation of Canadians with disabilities in the labour market. Since 2004, the total federal funding under the LMAPD is $223 million a year.

102. The Opportunities Fund for Persons with Disabilities assists people with disabilities prepare for and obtain employment or self-employment, as well as develop the skills necessary to maintain that new employment. The Program works in partnership with organizations for people with disabilities, including the private sector, to support innovative approaches to integrate individuals with disabilities into employment or self-employment and address barriers to an individual's labour market participation. The Opportunities Fund has assisted approximately 36,000 Canadians since its inception.

Employment benefits

103. In 2000, changes were made to enhance the duration, accessibility, and flexibility of parental benefits. The number of insurable employment hours needed to qualify for all special benefits was reduced from 700 to 600 hours; the duration of benefits was extended from 10 weeks to 35 weeks; and flexibility was increased by allowing parents sharing one parental leave to only serve one two-week waiting period. Further, parents can earn the greater of $50 or 25 percent of weekly parental benefits without a deduction. Total parental benefit payments in 2004-2005 totaled $2.1 billion, an increase of 4.4 percent from the previous year. In 2004-2005, the percentage of total parental claims made by women was 85.2 percent and 14.8 percent for men. Men's participation in parental leave continues to increase.

Affordable childcare

104. In 2003, Federal, Provincial and Territorial Ministers Responsible for Social Services agreed to a Multilateral Framework on Early Learning and Child Care, building on the 2000 Early Childhood Development Agreement. Through these agreements, the Government of Canada provided provinces and territories with a combined investment of $650 million in 2004-2005, reaching $850 million a year in 2007-2008. See Canada's Fifth Report on the International Covenant on Economic, Social and Cultural Rights for additional information (paragraphs 49-52).

105. In 2006, the Government of Canada introduced a new approach to supporting childcare. Canada's Universal Child Care Plan consists of two key elements designed to give parents choice in childcare so they can balance work and family life: the Universal Child Care Benefit that provides $100 per month for each child under age six for families to use as they see fit; and new measures to support the creation of new child care spaces, beginning in 2007-2008.

Women entrepreneurs

106. Women are creating businesses at twice the rate of men. For more than a decade, the Business Development Bank of Canada (BDC) has facilitated financing and improved the management capacity of women entrepreneurs. This includes increasing support for women-led businesses:

  • BDC's women in business portfolio reached $1.7 billion at the end of 2006. The portfolio consists of over 6,200 women entrepreneurs, about double the amount since the 1990's.
  • Included in the BDC portfolio are 70 Aboriginal women clients, with a total commitment outstanding of $21.6 million.
  • In 2005-2006, BDC authorized $437 million in 2,028 loans to women-led businesses, including 24 loans for $3 million to Aboriginal women entrepreneurs.
  • 397 loans for $61 million were authorized to women whose businesses were in the start-up position.
  • BDC launched a $25 million fund in 2004 to provide quasi-equity financing for women entrepreneurs wishing to expand their businesses and seek new market opportunities. Approximately $18 million has been authorized under this program.

107. The Government of Canada's Interdepartmental Working Group on Women Entrepreneurs, which merged with the Women's International Business Development Committee, provides a network of cooperation and active engagement among federal departments and agencies and works collaboratively on issues and programs for the development of Canadian women in business.

108. CanadExport Businesswomen's annual supplement (Going Global – Women Entrepreneurs in International Markets) and Web site “ Businesswomen in Trade" (http://www.dfait-maeci.gc.ca/businesswomen/menu-en.asp), detail government programs available for women entrepreneurs.

109. The Aboriginal International Business Development Committee is an interdepartmental Committee made up of 29 federal government departments and agencies that are working collectively to promote the success of Aboriginal small- to medium-size enterprises in export markets, including women owned enterprises.

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Article 12: Health

Access to health care

110. The Bureau of Women's Health and Gender Analysis, in collaboration with Centres of Excellence for Women's Health Program, is developing a workshop that will illustrate how consideration of the unique needs and realities of diverse groups such as women and men, minority groups, etc. (i.e., gender-based analysis) adds value to policy, research and program development on wait times and to the broader issue of timely access to care, and provides an opportunity for governments at all levels to strengthen health planning and service delivery.

111. The Women's Health Indicators initiative aims to ensure that gender and diversity perspectives are integrated in the broader development of health indicators and reporting systems and help reduce health disparities and improve women's health, as well as gender equity and equality in Canada.

Specific health issues

112. One of the objectives on the Federal Initiative to Address HIV/AIDS in Canada (launched in January 2005) is to develop specific approaches for populations vulnerable to HIV/AIDS (gay men, injection drug users, Aboriginal people, federal inmates, youth at risk, women at risk, people from countries where HIV is endemic) and people living with HIV/AIDS and move toward the development of a fully integrated Government of Canada approach to HIV/AIDS. A framework for population-specific work is being developed to guide future action. Status re­ports on each vulnerable population are being developed. A Specific Populations HIV/AIDS Initiative Fund will address national policy and program priorities for people living with HIV/AIDS and those populations most vulnerable to HIV/AIDS in Canada, including women at risk of HIV infection. Through its community action programs, the Government of Canada provides support for community-based organizations to deliver local prevention, care and support services to women living with HIV/AIDS and women vulnerable to HIV infection. It is too early to assess the impact of the above-mentioned programs. An outcome-based evaluation will be used to collect meaningful evaluation results.

113. The Government of Canada supports First Nations people living on reserve to undertake prevention, education and community capacity-building work to address the issue of HIV/AIDS among Aboriginal women. Some of the Government of Canada's national partner organizations, such as the Canadian Aboriginal AIDS Network and the Assembly of First Nations, have developed educational resources targeting women. Social marketing efforts will also target Aboriginal women.

114. Additional information on the Federal Initiative to Address HIV/AIDS in Canada can be found at the following Web addresses: http://www.phac-aspc.gc.ca/aids-sida/fi-if/index.html; and http://www.leadingtogether.ca/.

115. Canada's support to international initiatives related to HIV/AIDS has included a focus on women and girls. For example, Canada has provided $15 million to the International Partnership for Microbicides (2004-2007) to develop a prevention method that can be controlled by women and girls. Canada recognizes, however, that a comprehensive approach to women's health should extend beyond sexual and reproductive health and include, for instance, the education sector. Significant funding is provided to health initiatives worldwide, which includes support to country partners and various initiatives on sexual and reproductive health, improving nutritional status and food security, and addressing high-burden diseases, particularly HIV/AIDS among women and girls. The Government of Canada is also working with countries to scale up national health systems to ensure the provision of equitable care and services and to remove gender-based barriers to achieving health outcomes.

Aboriginal women

116. See Canada's Fifth Report on the International Covenant on Economic, Social and Cultural Rights (paragraph 148) for detailed information on new federal initiatives to address Aboriginal health, such as the Aboriginal Health Transition Fund and the Aboriginal Health Human Resources Initiative (AHHRI). These new initiatives will establishspecific approaches to gender-based analysis (GBA), for example, by including a requirement that integration and adaptation plans take into consideration GBA perspectives, and where appropriate, develop specific GBA components into adaptation and integration projects; and, that the investments in health promotion and disease prevention are geared towards better health outcomes for both men and women. Through increasing supports to Aboriginal health care students, many of whom are typically women, the AHHRI will aim to improve the socio-economic health of Aboriginal women, as well as increase Aboriginal women's access to culturally competent health care providers.

117. Ongoing funding continues for a national First Nations and Inuit Home and Community Care (FNIHCC) Program. The Program is a coordinated system of home and community based health-related services that enable people with disabilities, persistent or acute illnesses and the elderly to receive the care they need in their home communities. Due to the nature of home care, FNIHCC has a significant impact on women, since they are more likely to be either clients or caregivers. Program delivery data indicates that 60 percent of clients are female. Family caregivers (or “ informal" caregivers) provide the bulk of support to home care clients. Approximately 79 percent of family caregivers in First Nations and Inuit communities are female. The provision of in-home respite to support caregivers is a mandatory service element of the program (program data shows that this respite care totaled more than 100,000 hours in 2004-2005, or about 16 percent of all FNIHCC hours).

118. In 2003, an Aboriginal Women's Health and Healing Research Group was established as a formal commitment to Aboriginal women's health and research.

119. In April of 2005, the Government furthered its commitment within the Women's Health Strategy by sponsoring the National Aboriginal Health Organization to conduct a national Aboriginal Women and Girl's Health Roundtable. The findings of this national Roundtable provide the basis for the development of Aboriginal women specific health indicators and a culturally-relevant gender-based analysis thereby supporting the initiatives outlined in the Strategy.

120. As part of new investments in health promotion and disease prevention, the Government has invested $110 million over five years for maternal and child health services for pregnant First Nations and Inuit women and families with infants/young children. For First Nations living on reserve, this funding will support access to prenatal supports, home visiting, identification of families at risk of poor health outcomes and, when appropriate, referrals to other services. These investments will begin to align programming in First Nations communities on-reserve, with what is available to other Canadians. For Aboriginal people living in the North this funding will provide increased access to the health promotion programs that the Government of Canada offers to complement the maternal child health services they receive from the province or territory in which they live.

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Article 13: Economic and Social Life

Measures to fight poverty

121. The Government provides a range of supports to enhance the economic security of all Canadians. For families with children, there is the Canada Child Tax Benefit, including the National Child Benefit (NCB). In 2004-2005, the Government spent $8.9 billion on the initiative. For seniors, there is the Old Age Security, Guaranteed Income Supplement, and Canada Pension Plan, through which the Government of Canada transfers $50 billion annually in income benefits. In addition, in 2004-2005, through the Employment Insurance program, $12.7 billion in income benefits was provided to unemployed Canadians. For more information about these and other federal programs that enhance the economic security of Canadians, please see Canada's recent reports on the International Covenant on Economic, Social and Cultural Rights.

122. Analysis shows that in 2002, as a direct result of the National Child Benefit, 106,000 children and 45,900 families were prevented from living in low income, a 9.7 percent reduction. The NCB initiative has also made a significant impact on lone-parent, low-income families with children, including families headed by single-mothers. For example, in 2002, the NCB prevented 35,000 children in 18,600 single-parent families from living in low income.

123. The Government of Canada has made significant investments in the NCB: As of July 1, 2006, benefits increased by $250.00 per child annually for low-income families. By 2007-2008, total federal child benefits, including the NCB Supplement, are projected to reach $10 billion a year.

Support programs and services

124. The Government of Canada implemented a number of measures aimed at men and women with disabilities in this reporting period.

  • In 2003, the Technical Advisory Committee on Tax Measures for Persons with Disabilities (TAC) was established to review federal government taxation policies as they relate to persons with disabilities. The Government of Canada implemented the majority of the TAC recommendations in Budget 2005 and completed implementation in Budget 2006. In 2004, the Disability Supports Deduction replaced the Attendant Care Deduction with a broader deduction for education and employment supports.

  • Budget 2005 expanded the eligibility for the Disability Tax Credit (DTC) along with the list of expenses eligible for the disability supports deduction. The disability-related expenses amount that caregivers can claim on behalf of their dependent relatives was raised to $10,000; students eligible for the DTC were also supported by these tax incentives. The maximum annual Child Disability Benefit was also increased from $1,661 to $2,044 in the 2005 Budget, and again increased from $2,044 to $2,300 in the 2006 Budget; this amount will be indexed to inflation hereafter. Also, the Child Disability Benefit was extended to more families caring for a child eligible for the DTC by reducing the rates at which the Child Disability Benefit is reduced as family income rises.

Women's access to housing

125. The housing needs of women are well recognized in Canadian housing policies and programs. Although the programs are not targeted to women specifically, a significant portion of this housing assistance benefits women. This is because women, either in single-parent, female-led households or living alone or otherwise, are disproportionately represented among the target groups for the programs; female-led households in general have a greater incidence of core housing need[7] than male-led households (21.7 percent compared to 9.3 percent respectively). The national percentage of households in core housing need is 13.7 percent.

126. Information on Government of Canada measures to meet the housing needs of Canadians are detailed in Canada's Fifth Report on the International Covenant on Economic, Social and Cultural Rights (paragraphs 123 to 139).

127. Measures during the reporting period include:

  • A one-time investment of up to $1.4 billion towards helping Canadians, including many women and children, find safe, adequate and affordable housing in all provinces and territories includes an affordable housing trust of up to $800 million, a Northern housing trust of up to $300 million and a trust for off-reserve Aboriginal housing of up to $300 million.

  • $450 million over two years to improve water supply and housing on-reserve, education, and living conditions for Aboriginal women, children and families.

  • The Government of Canada is investing $1 billion under the Affordable Housing Initiative (AHI), and bilateral agreements have been signed with all provinces and territories in this regard. The federal investment is being matched by provinces and territories and third parties. Provinces and territories have the flexibility to design and deliver programs that are best suited to their affordable housing needs. As of March 31, 2006, over 26,900 affordable housing units have been committed or announced nationally under the AHI.

  • The Government provides some $2 billion annually primarily to support approximately 633,000 lower-income households in existing social housing, including single women and female-led, single-parent households.

  • In 2003, the Government renewed its Housing Renovation Programs for three years at a cost of $384 million. These programs provide assistance to bring homeowner, rental and rooming house units up to minimum health and safety standards; to complete emergency repairs on homes in rural areas; to make housing accessible for persons with disabilities; and to repair, rehabilitate and improve shelters for victims of family violence, as well as create new shelters or second stage housing where needed. Nine provinces and territories either cost-share the federal renovation programs or have equivalent provincial programs, thereby increasing the number of households that can be assisted across Canada. A recent evaluation of the renovation programs confirmed their value in contributing to the preservation of adequate, affordable housing for Canadian households. Enhancements to the programs in 2003 included an increase in maximum assistance limits. Further enhancements in 2005 added assistance for secondary suites to accommodate seniors and disabled adults.

  • Canada's National Homelessness Initiative, including the Supporting Communities Partnership Initiative, has been extended by one year to March 2007, with funding in the amount of $134.8 million.

  • The Partnership Centre, which provides information, guidance and other tools to help facilitate the production of housing by non-profit and private sector proponents and others who are planning to develop affordable housing includes seed funding and interest-free proposal development loans. The Centre facilitated the production of some 12,800 affordable housing units between January 2003 and December 2005.

  • The Government provides an estimated $261 million annually to help address housing needs on reserve. This supports housing construction and renovation, as well as ongoing subsidies for some 25,000 rental units. In 2005, the Government of Canada committed a further $295 million over five years to help address the backlog in housing on-reserve. The Government's housing renovation programs are also available to First Nations. Off-reserve, Aboriginal people are eligible for all current federal housing initiatives, for example, the AHI.

Live-in caregiver program

128. The Live-in Caregiver Program (LCP) assists Canadian and permanent resident employers to recruit caregivers to live and work in their homes to provide childcare, home support for seniors or the disabled. The number of live in caregivers who entered Canada in 2005 is estimated at 6,659.

129. Live-in caregivers have the unique right to apply for permanent residence from within Canada after working in their field for two out of three years from their date of entry. The live-in requirement is a vital component of the LCP.

130. To maintain program integrity, Immigration and Refugee Protection Regulations introduced in 2002 require participants to have signed contracts that conform to provincial employment standards with their employer. Provincial and territorial labour laws establish employment standards, such as minimum wage, overtime and vacation pay and maximum amounts for room and board. These labour laws also provide a complaint mechanism for employees. The Government of Canada determines the current labour market need for live-in caregivers, and ensures that wages and working conditions of the job offer meet provincial standards. Before approving an application, the Government must be satisfied that there is a genuine employment contract; the employer has the ability to pay the stated wages; the applicant has the necessary education/experience to do the job; and the applicant has an ability to communicate in one of Canada's two official languages in order to be able to work unsupervised.

131. The Government of Canada funds a Canadian Orientation Abroad program in the Philippines (where the majority of caregivers originate), which provides pre-departure counselling to potential immigrants coming to Canada, including live-in caregivers. This assists them in adapting to Canadian life and makes them aware of their rights. A pamphlet is distributed to every caregiver with their work permit, containing information about their rights, contact information for advocacy groups and recourse through provincial labour laws if they encounter an abusive employment situation. As well, a revised communications strategy is being developed to improve employer awareness of their obligations when hiring a live-in caregiver.

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Article 14: Rural Women

132. The Federal Economic Development Initiative for Northern Ontario (FedNor) delivers the Community Futures program in Ontario, which provides support to 61 Community Futures Development Corporations (CFDCs) located throughout rural and Northern Ontario. FedNor provides funding to women-targeted projects across the province. From April 1, 2003 to March 31, 2006, 529 women-led businesses received loans valued at over $22 million, and 3,366 women received counseling and other services to start or expand their business.

133. From 2003 to 2006, through the Northern Ontario Development Program, FedNor invested in 16 projects valued at $1.2 million targeted to women. These projects leveraged an additional $1.6 million. Projects ranged from providing assistance to the PARO Centre for Women Enterprise in Northwestern Ontario, to entrepreneurship and business training, and access to capital support for women-owned businesses.

134. FedNor also partners with the Network for Women Entrepreneurs (NWE) in rural and northern Ontario to promote their services to women across the province . Administered by the Canada-Ontario Business Service Centre, it gives women business owners access to people, programs, business information and services specifically tailored to the needs of businesswomen in the province. In 2005-2006, NWE served over 18,000 clients.

Note:

  • [5] The participating jurisdictions are British Columbia, Alberta, Manitoba, Ontario, Québec, and Newfoundland and Labrador.
  • [6] In most instances, the performance summary is based on the interim evaluation results that were submitted in June 2005.
  • [7] Households which occupy housing that falls below any of the dwelling adequacy (not requiring major repairs), suitability (enough bedrooms for the size and make-up of residents in the households, according to National Occupancy Standard requirements), or affordability (dwelling cost less than 30 percent of before-tax household income) standards, and which would have to spend 30 percent or more of their before-tax income to pay for the median rent of alternative local market housing that meets all three standards, are said to be in core housing need. Source: Research Highlight, Canada Mortgage and Housing Corporation, February 2004, Socio-economic Series 04-001.

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