Part II - Measures adopted by the Government of Canada

General measures of implementation
(Articles 4, 42 and 44)

Child expenditures

25.
The Government of Canada has made important budgetary allocations to advance the rights of children, both through the Government's own programming and by supporting non-governmental organizations that work with children. Reports on Government of Canada resource allocations for children can be found online. For example:
 
26.
Additional measures of the Government of Canada in improving the lives of children are outlined in the Government of Canada's 2007 response to the tenth report of the Standing Senate Committee on Human Rights entitled Children: The Silenced Citizens, attached as Appendix 5.
 

Data collection and dissemination

27.
The Government of Canada regularly collects data on children and makes it available to provincial and territorial governments as well as other stakeholders.
 
28.
In October 2006, the Government of Canada conducted its first Aboriginal Children's Survey (ACS).[1] The ACS collects information on the development and well-being of Aboriginal children under the age of six to assist policy-makers and all persons working with Aboriginal children and youth to assess their specific and unique needs.
 
29.
Data from the latest cycle of the National Longitudinal Survey of Children and Youth[2] was released in November 2008. The Survey is described in greater detail in Canada's Second Report on the CRC.
 
30.
The National Evaluation Team for Children is a nation-wide committee that works to gather and share children's health data collected through the Government of Canada's community-based programs, including the Community Action Program for Children, the Canada Prenatal Nutrition Program, and Aboriginal Head Start.
 
31.
The Government of Canada supports non-governmental research groups to undertake surveys, such as the Health Behaviours in School-aged Children Study,[3] which aims to gain insight into the health behaviour and related social contexts of children aged 11 to 15 years, and the Canadian Physical Activity Levels Among Youth Survey, [4] which objectively measures physical activity levels of children and youth.
 
32.
Other key federal data collection, research and evaluation activities are listed in Part 6 of Canada's submission to UNICEF's 'Plus 5' Review of the 2002 Special Session on Children and World Fit for Children Plan of Action (www.unicef.org/worldfitforchildren/files/Canada_WFFC5_Report_Eng.pdf).
 
33.
A number of reports regarding the inclusion of persons with disabilities have been published at the following web site: www.hrsdc.gc.ca/en/disability_issues/reports/index.shtml.
 

Coordination and monitoring of children's rights

34.
The Government of Canada endeavours to strengthen coordination and monitoring of children's rights through interdepartmental and intergovernmental initiatives. An Interdepartmental Working Group on Children's Rights was created in 2007 to promote a whole-of-government approach to children's rights and to encourage collaboration among federal departments. By ensuring regular discussion of children's rights and related issues, the working group promotes awareness and understanding of the obligations under the Convention on the Rights of the Child (CRC) amongst officials.
 

Canada's National Plan of Action for Children

35.
Launched in 2004, Canada's National Plan of Action (CNPA) for children, A Canada Fit for Children, was developed in collaboration with children and various sectors of Canadian society, in response to the 2002 UN Special Session on Children. The CNPA is guided by A World Fit for Children, but is adapted to reflect key Canadian priorities. Published in English, French and Spanish, the CNPA has been shared as a model for the development of National Plans of Action for children in Latin America.
 

Promoting awareness and understanding of the Convention

36.
The Government of Canada provides funding support to non-profit organizations to promote the Convention. For example, funding was provided to support the production of a child-friendly version the Optional Protocol on the Involvement of Children in Armed Conflict. Funds are also provided to host conferences as well as events aimed at reaching vulnerable populations. For example, the West Coast Legal Education and Action Fund provided training for First Nations youth facilitators, adults and community workers on the provisions of the CRC. Two university conferences targeting decision-makers were held in 2006 and 2007 to encourage in-depth discussion on implementation of children's rights in Canada.
 
37.
Canada provides reports under the CRC and the Concluding Observations issued by the Committee on the Rights of the Child to relevant federal departments and all provincial and territorial governments. They are available to the public online and print copies are distributed on request free of charge (www.pch.gc.ca/pgm/pdp-hrp/docs/crc-eng.cfm).
 

Definition of the child
(Article 1)

38.
The definition of the word "child" in the Income Tax Act was amended when the Civil Marriage Act (S.C. 2005, c. 33, www.canlii.org/ca/sta/c-31.5/)received Royal Assent in 2005, removing the last remaining reference in federal law to illegitimacy.

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General principles
(Articles 2, 3, 6 and 12)

Non-discrimination

39.
The Government of Canada undertakes initiatives to enhance respect for and awareness of Canada's cultural diversity and to promote the elimination of barriers that discriminate and keep individuals from fully participating in Canadian society. For example, youth are engaged in promoting intercultural understanding through activities such as the National Video Contest, "Stop Racism!" The Canada Welcoming Communities Initiative supports anti-racism activities and promotes the full participation of newcomers, including children, in Canadian society. Multicultural events and initiatives are also undertaken as part of Black History Month and Asian Heritage Month.
 

Best interests of the child

40.
The best interests of the child are an important consideration in the development of legislation, programs and policies that concern children.
 
41.
Within land claims and self-government agreements, the Government of Canada ensures that the best interests of the child are taken into account in the exercise of Aboriginal jurisdiction. An example is the 2003 Tlicho Agreement which states that "The Tlicho Government has the power to enact laws in relation to... child and family services for Tlicho Citizens on Tlicho lands or in a Tlicho community, provided that such laws provide for standards, including standards for the application of the principle of acting in the best interests of the child"[5] (Article 7.4.4 g)).
 

Training of professionals

42.
The best interests of the child have been specifically addressed in training offered to government officials, including domestic and overseas immigration and port of entry officers, government lawyers, and legislative drafters.
 
43.
The Government of Canada funds conferences and publications, including the development of online content, targeting professionals working with children. For example, in 2004, the government funded two forums for policy-makers in the federal and provincial governments on the provisions of the CRC, including those related to the best interests of the child.
 
44.
The Government of Canada also contributes to the training of professionals in child rights through the Child Rights Education for Professionals (CRED-PRO) initiative of the International Institute for Child Rights and Development at the University of Victoria, British Columbia. CRED-PRO develops educational programs for child health professionals on a rights-based approach to child and family care. In May 2007, the Government of Canada was part of an international team that launched joint Government/Paediatric Society pilot projects in four South-American countries. A similar pilot project is being developed for Canada aimed at infusing a child-rights approach in child health policy, standards, training, and services through education for health and allied health professionals.
 

Civil rights and freedoms
(Articles 7, 8, 13-17 and 37)

45.
On December 23, 2007, An Act to amend the Citizenship Act came into force, enabling persons adopted by a Canadian citizen to apply for citizenship without first becoming a permanent resident of Canada. The intent is to reduce the distinction in eligibility for Canadian citizenship that existed between foreign-born adopted children and children born abroad to Canadian parents. In order to prevent child trafficking and abduction, the Act requires that the adoption be legal and in the best interests of the child.
 
46.
Further amendments to the Citizenship Act, adopted on April 17, 2008, restore citizenship to persons who were Canadian citizens on or after January 1, 1947, but who subsequently lost their citizenship as a result of previous legislation. The amendments also limit Canadian citizenship by descent to the first generation born outside Canada to a Canadian parent, with certain exceptions. This change was aimed at bringing clarity and certainty to the law and protecting the value of Canadian citizenship for the future.
 

Family environment and alternative care
(Articles 5, 9-11, 18-21, 25, 27 and 39)

Adoption, search for birth parents and access to parental medical history

47.
Canada has contributed to the development of The Guide to Good Practice under the Hague Convention of 29 May 1993 on Protection of Children and Cooperation in Respect of Intercountry Adoption Implementation. The Guide has been developed to assist Contracting States with the practical implementation of the Convention.
 
48.
The Assisted Human Reproduction Act (S.C. 2004, c.2 www.canlii.org/ca/sta/a-13.4/) ensures the provision of important medical and social information concerning third party donors to children born from assisted human reproduction procedures and/or the parents/legal guardian of such children.
 

Child care and support services

49.
The provinces and territories have jurisdiction over the majority of programs and services for families with young children, including child care. The Government of Canada plays a supporting role by providing a range of child and family benefits and transferring funds to other governments in Canada based on shared goals and objectives. Since 2000, improving and expanding programs and services for young children has been a joint priority for all governments in Canada.
 
50.
The 2000 Early Childhood Development Agreement and 2003 Multilateral Framework on Early Learning and Child Care are described in detail in Canada's Fifth Report on the International Covenant on Economic, Social and Cultural Rights.
 
51.
Through funding provided by the Government of Canada, the Child Care Resource and Research Unit periodically releases reports entitled Early Childhood Education and Care in Canada, which summarize the sector in each province and territory.[6]
 
52.
In 2006, the Government of Canada released the report Child Care in Canada, which provides an overview of child care in Canada as reported by Canadian families (www.statcan.ca/english/research/89-599-MIE/89-599-MIE2006003.pdf).
 
53.
Since April 2007, 17 First Nations have participated in Single Window Service Delivery Demonstration Projects that will inform future federal coordination and the implementation of single window service delivery of Early Childhood Development programs for Aboriginal Canadians, including day care and other family and child support programs.

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Child and family benefits and other initiatives addressing child poverty

54.
Total federal support to families with children through income benefits and tax measures targeted at children exceeded $13 billion for 2007-2008, with the majority directed to low- and middle-income families.
 
55.
The National Child Benefit (NCB) Supplement was increased by $482 plus indexation adjustments between 2003 and 2006. The Monthly School Allowance, an NCB-funded initiative introduced in 2006, aids government-assisted refugee families with children and young adults aged four to 21 years who are attending provincial elementary and secondary education institutions with the recurring and ongoing costs of their children's education.
 
56.
An evaluation of the NCB in October 2004 found clear evidence that the NCB has resulted in significant positive impacts in reducing the incidence of families with children living in low-income conditions, as well as the severity of low-income conditions for those families who continue to live below the low-income threshold. There is evidence of a mixed impact in promoting attachment to the labour market.
 
57.
In 2005, the maximum annual Child Disability Benefit increased to $2,000 from $1,681 per child and has been indexed since. In 2006, the maximum was again increased to $2,300 per child.
 
58.
The Universal Child Care Benefit (UCCB) introduced in 2006, provides direct financial support ($100 per month for each child under the age of six) to help parents with the costs associated with raising their children. The UCCB is part of the Universal Child Care Plan, which also supports the creation of child care spaces. In 2007, the Government of Canada introduced a 25 percent investment tax credit (to a maximum of $10,000 per space created) for businesses that create new licensed child care spaces for children of employees and, potentially, for children in the surrounding community.
 
59.
The Registered Disability Savings Plan (RDSP) helps parents and others save to ensure the long-term financial security of a child with a severe disability. The RDSP is a tax-assisted savings vehicle that allows investment income to grow on a tax-deferred basis. The Government of Canada also provides direct assistance through Canada Disability Savings Grants and Canada Disability Savings Bonds.
 
60.
The Child Tax Credit (CTC) and the Working Income Tax Benefit (WITB) were introduced in 2007. The CTC, an investment of $1.4 billion per year in tax support for families and children, provides up to $300 of tax relief per child to more than three million Canadian families. The WITB provides tax relief for eligible working low-income individuals and families who are already in the workforce and encourages other individuals to enter the workforce.
 
61.
The Government of Canada's community-based children's programs specifically target vulnerable populations, including Aboriginal children. High rates of poverty, single-family households, health issues, as well as a lack of social supports, create a gap in life chances between Aboriginal and non-Aboriginal children. Strategic funding is set aside to address emerging public health priorities through resource development and training via the Community Action Program for Children and the Canada Prenatal Nutrition Program, National Projects Fund. Issues addressed through projects funded between 2004 and 2007 include food security, family violence, fathering, attachment, prevention of teen pregnancy, breastfeeding and rural health.
 

Illicit transfer and non-return

62.
The Government of Canada is committed to working with the Consular programs and with other States to find avenues for enhanced cooperation to resolve international parental child abduction cases, including finding opportunities to disseminate information.
 

Use of minor corrective force and alternatives to physical discipline of children

63.
In 2004, the Supreme Court of Canada upheld the constitutionality of section 43 of the Criminal Code, which provides a defence for children's parents, caregivers and teachers who would otherwise be found guilty of a criminal offence for a minor use of reasonable force in correcting children's behaviour.[7] The section was found to be consistent with Canada's obligations under the CRC. Taking into account, among other things, Canada's obligations under the Convention, the Court set out guidelines that allow only minor corrective force of a transitory and trifling nature to be used. The Supreme Court noted that without section 43, Canada's broad assault law would criminalize force falling short of what would be considered corporal punishment and would risk breaking up families in a way that would be detrimental to children. A fact sheet entitled "The Criminal Law and Managing Children's Behaviour" provides a plain language explanation of the current law and is available at www.justice.gc.ca/eng/pi/fv-vf/facts-info/mcb-cce.html.
 
64.
The Government of Canada continues to support parenting educational programs that promote the non-physical discipline of children and alternative disciplinary choices. Some examples include an interactive web site launched in 2006 designed for children aged 10 to 15 who are exposed to family violence (www.familyviolencehurts.gc.ca); a five-year investment of $55.6 million to family violence prevention programs and services on First Nations reserves; and the educational documents A Newcomer's Introduction to Canada (www.cic.gc.ca/english/pdf/pub/newcomer.pdf) and Welcome to Canada: What you should know (www.cic.gc.ca/english/resources/publications/welcome/wel-14e.asp#s3), which refer to the rights of children and their right to be free of physical abuse.

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Basic health and welfare
(Articles 6, 18, 23, 24, 26 and 27)

Pregnancy and early childhood development

65.
An investment of $110 million over five years for the Maternal Child Health Program was included in Budget 2005. The program provides home visits and linkages to services for pregnant First Nation and Inuit women and families with young children through projects serving First Nations communities on reserve and in the North.
 
66.
The Government of Canada continues to work to prevent the occurrence of Fetal Alcohol Spectrum Disorder (FASD) and to improve outcomes for those affected. For example, support is provided to First Nations and Inuit communities to develop culturally appropriate, evidence-based and effective prevention and early intervention programs. The FASD Initiative supports the development and dissemination of national guidelines[8] for the screening and diagnosis of the condition, and ensures that those affected can access the required services.
 

Health care for Aboriginal and rural children

67.
The Federal Budget 2005 provided $1.3 billion over five years to be dedicated to First Nations and Inuit health programs, including new investments for nursing and human capital development on reserve. This includes $32 million for a national on-reserve immunization strategy.
 
68.
In 2006, the Government of Canada announced the development of pilot projects to test patient wait time guarantees for federally-funded prenatal and diabetes care delivered in First Nations communities on reserve. The pilot projects are currently underway in 19 communities and are based on timeframes defined by clinical practice guidelines. Should those timeframes be exceeded, alternate options for care will be offered.
 
69.
Linkages to community organizations through the Government of Canada's community-based programs provide opportunities for partnerships, participant involvement, and community collaboration in many rural and remote areas across Canada. Outreach services extend the reach of these services to children and parents who cannot attend a centre-based program. In 2005, a Rural Think Tank was funded through the Community Action Program for Children and the Canada Prenatal Nutrition Program National Projects Fund to increase understanding of issues faced by children and families living in rural and remote communities.  
 
70.
Launched in 2004, the Children's Oral Health Initiative focuses on communities with poor access to dental services and emphasizes moving from a treatment-based approach to a more balanced prevention and treatment focus.
 

Aboriginal youth suicide prevention

71.
The Federal Budget 2005 provided $65 million over five years to implement the National Aboriginal Youth Suicide Prevention Strategy. The Strategy provides direct support to First Nations and Inuit to improve the mental health of youth and to design and deliver community-based suicide prevention plans.
 

Minimizing risks to adolescent health

72.
The Government of Canada continues to work in partnership with First Nations and Inuit to support greater community control and capacity to develop programs to improve health outcomes for both adolescents and their communities.
 
73.
The Government of Canada's community-based programs are designed to address the social determinants of health of vulnerable children and youth experiencing health disparities. The Community Action Program for Children and the Canada Prenatal Nutrition Program count adolescent parents as a priority population.
 
74.
The Corrections and Conditional Release Act (S.C. 1992, c. 20, www.canlii.org/ca/sta/c-44.6/)requires that inmates, including young offenders, be provided with essential health care and with reasonable access to non-essential mental health care that will contribute to the inmate's rehabilitation and successful reintegration into the community, in accordance with professionally accepted standards. In addition, policies are in place to ensure the safety of and intervention for offenders who are suicidal or self-injurious.
 
75.
The Government of Canada recognizes that rates of children and youth who are overweight or obese are high, particularly among First Nations and Inuit children, and has taken action to promote healthy weights specific to this population. The Canada Prenatal Nutrition Program, Aboriginal Head Start, and the Aboriginal Diabetes Initiative promote healthy eating and physical activity, target pregnant women and their families, and train community diabetes prevention workers to facilitate support for healthy lifestyles. The Government of Canada has also developed a healthy-eating food guide tailored to reflect traditions and food choices of First Nations, Inuit and Métis, which complements the2007 Canada's Food Guide.
 
76.
Announced in 2007, Canada's National Anti-Drug Strategy will provide $30.5 million in funding over five years to increase service effectiveness, serve more people, and improve service quality. The investment will help modernize and enhance First Nations and Inuit addictions programming, allowing for more people to be treated successfully.
 
77.
Funding of $70 million is provided annually for the National Native Alcohol and Drug Abuse Program and the National Youth Solvent Abuse Program. These two programs fund a network of 61 treatment centres and over 500 community-based prevention programs.
 
78.
The Government of Canada has undertaken a number of research initiatives related to substance abuse and suicide prevention among Aboriginal and other vulnerable youth. These include funding in 2007 of the national "Seeing Oneself" Alcohol Intervention Research Project, focused on reducing crimes associated with youth substance use/abuse; research in the territories on victim needs throughout the criminal justice process, including the needs of Aboriginal youth, resulting in a resource guide of all victim-related services throughout the three territories;[9] and research on Aboriginal youth in custody, specifically on substance abuse and suicide to inform prevention and intervention models.[10]

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Adequate housing

79.
The Government of Canada is investing one billion dollars under the Affordable Housing Initiative (AHI), with matching funds being provided by provinces and territories and third parties. As of June 30, 2008, $880 million has been committed and/or announced for the provision of 39,000 units. The Government of Canada also provides $1.7 billion per year to support approximately 626,000 lower-income households in existing social housing.[11]
 
80.
Aboriginal housing remains a priority for the Government of Canada. An estimated $272 million a year is provided to address housing needs on-reserve. This funding supports housing construction of approximately 2,300 new homes and renovation of 3,300 existing houses, as well as ongoing subsidies for 27,000 rental units. Budget 2005 committed $295 million over five years to help address the backlog in housing on reserve.
81.
The Federal Budget 2006 provided $1.4 billion to establish housing trust funds with provinces and territories for investment in affordable housing. This one-time strategic investment includes an affordable housing trust of $800 million; a Northern housing trust of $300 million; and a trust for off-reserve Aboriginal housing of $300 million.
 
82.
In December 2006, the Government of Canada announced $526 million over two years for housing and homelessness programs, including an investment of $256 million over two years for renovation assistance programs.The Residential Rehabilitation Assistance Program for Persons with Disabilities assists in improving the accessibility of dwellings to meet the special needs of disabled persons. The Shelter Enhancement Program (SEP) assists in creating, repairing, and improving existing shelters for women, children, and youth as well as men who are victims of family violence.[12] An evaluation of the programs confirmed that they contribute to the preservation of adequate, affordable housing for Canadian households. From 2003 to 2007, over 105,500 low-income households were served by renovation funding.
 
83.
In April 2007, the Government of Canada announced the creation of a $300 million First Nations Market Housing fund that will help provide up to 25,000 housing units on-reserve over ten years. In June 2007, an additional $56 million in funding was announced through a five-year investment in the Family Violence Prevention Program and SEP on-reserve, which includes $2.2 million for up to five additional shelters on-reserve. Off-reserve, Aboriginal peoples are eligible for all current federal housing initiatives, including the AHI and Housing Renovation Programs.
 
84.
The Government of Canada sponsors, produces and disseminates research on all aspects of housing and living environments, aimed at improving housing quality, affordability, and choice. This includes research on the needs of families with children, youth, Aboriginal peoples, newcomers, and people with disabilities. Some of these are available online at the following address: www.cmhc.ca/en/corp/li/index.cfm.
 

Homelessness

85.
The Homelessness Partnering Strategy (HPS), which succeeds the National Homeless Initiative (NHI), took effect on April 1, 2007, with funding of nearly $269.6 million over two years to prevent and reduce homelessness in communities across Canada. Many HPS projects are targeted specifically at ensuring that homeless children have access to housing options and appropriate support services.
 
86.
From 1999 to 2008, the NHI/HPS invested $2.2 million in 13 projects that specifically targeted children and their needs, while 1,142 projects that included children as a sub-population received $224 million in funding.[13]
 
87.
The HPS and the NHI have focused research investment on the understanding of causes, characteristics and contributing factors to homelessness in Canada. Families with children and youth have remained a research priority under the Homelessness Knowledge Development Program.
 
88.
Previous research identified family violence as a leading cause of homelessness among women with children, and youth. A 2006 survey showed that most women and children residing in transition homes were victims of mainly psychological and physical abuse.[14] HPS-funded research indicates that street youth with a history of family violence are more susceptible to a variety of behavioural problems such as delinquency, prostitution, drug use and addiction, depression, suicide and violence.[15]
 
89.
The HPS has funded knowledge transfer activities on the issue of homelessness among families with children, and youth. For example, the HPS has provided funding to York University to implement the Homeless Hub (www.homelesshub.ca), a web site that helps facilitate the distribution of existing research and best practices addressing homelessness. Research has linked youth homelessness with child abuse and prostitution.
 

Education, leisure and cultural activities
(Articles 28, 29 and 31)

90.
In 2008, the Government of Canada announced the Roadmap for Linguistic Duality 2008-2013, which provides $575 million towards education for minority language communities, including continued support for early childhood education and literacy initiatives. Funding is also provided to programs for children and youth promoting the learning and use of Aboriginal languages, including "Tipatshimuna: Innu Stories of the Land", an interactive web site on Innu culture that encourages Innu youth to learn more about their culture and foster inter-generational communication (www.tipatshimuna.ca).
 

Education for Aboriginal children, rural children and children at risk

91.
The Government of Canada continues to support culturally relevant elementary, secondary and post-secondary education for First Nations and Inuit students, with overall education expenditures increasing from $1.4 billion in 2003-2004 to $1.7 billion in 2007-2008. During that period, targeted initiatives were introduced to enhance First Nation education management, improve teacher recruitment and retention and parent and community engagement. In addition to this, partnerships were advanced aimed at improving education outcomes through signed agreements with several provinces and First Nations. These initiatives help to address challenges in educational attainment for First Nation students residing on reserve.
 
92.
The Government of Canada supports community-based, linguistically and culturally appropriate education programming for vulnerable children, including Métis, Inuit and off-reserve First Nations children and the children of recent immigrants and refugees. The Aboriginal Head Start program includes an Aboriginal Language and Culture component specifically designed for Métis, First Nations and Inuit children. The First Nations and Inuit Child Care Initiative provides child care services incorporating traditional cultural practices and language to working First Nations and Inuit parents.
93.
The Government of Canada works with First Nations and provinces to develop education partnerships aimed at improving education outcomes. This work has led to the creation of a First Nations education jurisdiction agreement in British Columbia and the signing of Memoranda of Understanding on education with New Brunswick First Nations and the Province of New Brunswick, and with the First Nations Education Council in Québec.
 

Child rights education

94.
The Government of Canada funded the University of Cape Breton to develop and implement a high school level children's rights curriculum focused on teaching children's rights through art.
 
95.
The Government of Canada has also funded the development of practical tools designed to foster the active participation of youth in school-based decisions that affect them. An example is the 2004 Youth Facilitator Handbook, an easy-to-use flexible tool designed by youth for students that want to initiate youth engagement within their school (www.engagementcentre.ca/detail_e.php?recordid=282).

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Special protection measures
(Articles 22, 30 and 32-40)

Protection of Aboriginal children

96.
Half of the Aboriginal population in Canada is less than 25 years old; whereas 30 percent of all Canadians are under the age of 25. The Aboriginal population grew at nearly six times the rate of the non-Aboriginal population between 1996 and 2006. It is expected that the growth in the Aboriginal population will continue to out-pace that of the general population over the next two decades.
 
97.
The Government of Canada funds First Nations and Inuit communities to deliver evidence-based programs and services to support the development of children in an effort to address gaps in life chances between Aboriginal and non-Aboriginal children. Through a continuum of maternal and child health programming focused on pregnant women, new parents, and children under six years of age, programs such as Aboriginal Head Start and the Canada Prenatal Nutrition Program support the growth of healthy families living on- and off-reserve and in Inuit communities. Activities like screening and assessment, home visits, case management, service coordination, mentoring, nutrition, breastfeeding education, cultural teachings and language training, support children and their families to reach their fullest developmental and lifetime potential.
 
98.
The disproportionately high number of Aboriginal children in state care is part of broader social challenges on reserves, such as poverty, poor housing conditions, substance abuse and exposure to family violence. The Government of Canada is incrementally shifting its child welfare programs for Aboriginal children to a prevention-focused approach. It is expected that all agencies will be using the prevention-focused approach by 2013.
 

Protection of refugee children, separated children and unaccompanied children seeking asylum

99.
In August 2006, the Overseas Processing Manual used by Canadian immigration officers in the context of refugee resettlement was updated to include a new policy on guardianship. This "Guardianship Protocol"[16] establishes procedures for processing children who are de facto dependants of a principal applicant or consanguineous minors (separated minors being reunited with an adult blood relative, who is not a parent, in Canada). Recognizing these children as particularly vulnerable, it encourages an adult in a de facto or consanguineous relationship with a child to secure legal guardianship and ensures that the relevant authorities closely monitor the well-being of these children. The Protocol ensures that refugee minors being resettled to Canada have the care and protection necessary for their wellbeing, in the context of a bona fide familial relationship.
 
100.
All referrals of consanguineous minors from the UN High Commissioner for Refugees (UNHCR) must include a Best Interests of the Child Determination and all decisions made under the Guardianship Protocol must consider the best interests of the child. Also included in the Protocol is the stipulation that minors must be given the opportunity to express their views about the arrangements being made for them. In the asylum context, Canada's Immigration and Refugee Board continues to appoint a designated representative in refugee determination proceedings to represent the best interests of unaccompanied children or when there are concerns about the suitability of the parent acting as the designated representative.
 
101.
In April 2008, the Government of Canada updated its protected persons manual, Processing Claims for Refugee Protection in Canada, to include age- and gender-sensitive guidelines.[17] The purpose of these guidelines is to support priority processing of the claims of vulnerable persons, including children. The new guidelines respond to a UNHCR recommendation that Canada accord vulnerable cases priority processing.[18]
 
102.
The detention of children is avoided as much as possible whether unaccompanied or accompanied. Alternatives to detention are always considered, with significant weight given to the best interests of the child. Unaccompanied minors are usually released with conditions to the care of child welfare agencies. The average length of detention of children declined by 40 percent in 2007-2008 from the previous fiscal year, due to increased use of alternative arrangements.
 
103.
Refugee children, separated children who are determined not to be in need of protection, but remain in Canada, as well as unaccompanied children seeking refugee protection are entitled to essential health services through the Interim Federal Health Program.
 

Protection of children from sexual exploitation and sexual abuse, and the sale, trafficking and abduction of children

104.
The Government of Canada refers the Committee to its initial report under the Optional Protocol to the Convention on the Right of the Child on the Sale of Children, Child Prostitution, and Child Pornography, which includes relevant information to June 2007.
 

Children in conflict with the law

105.
Information on the Youth Criminal Justice Act (YCJA) (S.C. 2002, c.1, www.canlii.org/ca/sta/y-1.5/) is available in Canada's responses to the list of issues on Canada's Fifth Report on the International Covenant on Civil and Political Rights.
 
106.
The YCJA requires that a young person found guilty of the most serious violent offences receive an adult sentence unless the youth applies to the youth justice court and satisfies the court that a youth sentence would be sufficient to hold him or her accountable. In May 2008, the Supreme Court of Canada declared this reverse onus provision to be unconstitutional.[19] The Supreme Court also found unconstitutional the requirement that youth charged with serious offences apply for a publication ban.
 
107.
According to youth data from the Integrated Criminal Court Survey, after the YCJA came into force on April 1, 2003, the proportion of youth sentenced to incarceration decreased significantly. The proportion of criminal incidents by youth that resulted in a charge also decreased from 56 percent to 45 percent after the YCJA came into force.
 
108.
Under the National Anti-Drug Strategy, support is provided for extra-judicial diversion and treatment programs for youth offenders with drug-related problems at various stages of the criminal justice system, including rehabilitation and reintegration.

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Optional Protocol on the Involvement of Children in Armed Conflict

109.
Between 2000 and 2005, Canada invested $171 million in new programming related to children's rights and protection in support of the Canadian International Development Agency's Action Plan on Child Protection. As of 2007, the Government of Canada had supported over 120 projects addressing a range of issues related to children and armed conflict, including basic education, demobilization and reintegration of former child soldiers, conflict resolution and health. The Government of Canada also contributed to policy dialogue at the international level through innovative programming and research that included the participation of children, including children affected by armed conflict.
 
110.
All persons apprehended and detained by the Canadian Forces in a theatre of hostilities are treated humanely and in a manner consistent with international legal standards. In cases where a captured person, suspected of being a juvenile, is unwilling or unable to reveal their date of birth, the person will be assumed to be a juvenile until more detailed checks can be made. Juvenile detainees are segregated from adults. They are at all times treated with due regard to their age and in accordance with Canada's obligations under international humanitarian law.[20]
 
111.
Members of the Canadian Forces must adhere to the Code of Service Discipline.[21] It provides that members can be prosecuted for violations of any act prohibited by the National Defence Act and its Regulations and Policies, as well as by the Canadian Criminal Code.
 
112.
With respect to the status of students at the Royal Military College of Canada, there are civilians who take classes at the Royal Military College; however, most students, whether Canadian Forces Regular or Reserve Force members, are members of the Canadian Forces.
 
113.
Under current export control policy guidelines, the Government of Canada closely controls the export of military goods and technology to countries that pose a threat to Canada and its allies; that are involved in or under imminent threat of hostilities; that are under United Nations Security Council sanctions; or whose governments have a persistent record of serious violations of the human rights of their citizens, unless it can be demonstrated that there is no reasonable risk that the goods might be used against the civilian population.[22] An application to export small arms and light weapons to a country where they might be utilized by child soldiers, regardless of whether these children take a direct part in hostilities as members of their armed forces or armed groups that are distinct from the armed forces of a State, would be closely examined. Any available information in this regard would be among the most important considerations of the Minister in reaching a decision on the disposal of such an application.
 

Notes:

[1] Aboriginal Children's Survey: www.statcan.gc.ca/pub/89-634-x/89-634-x2008001-eng.htm and www.statcan.ca/Daily/English/081029/d081029a.htm

[2] National Longitudinal Survey of Children and Youth: www.statcan.ca/cgi-bin/imdb/p2SV.pl?Function=getSurvey&SDDS=4450&lang=en&db=imdb&dbg=f&adm=8&dis=2

[3] Health Behaviours in School-aged Children Study: www.phac-aspc.gc.ca/dca-dea/7-18yrs-ans/hbschealth-eng.php

[4] Canadian Physical Activity Levels Among Youth Survey: www.cflri.ca/eng/programs/canplay/index.php

[5] Tlicho Government: http://www.ainc-inac.gc.ca/al/ldc/ccl/fagr/nwts/tliagr/tliagr-eng.asp

[6] In April 2008, an interim edition of the report entitled Child Care Space Statistics 2007 was released, presenting child care data for 2006-2007. For additional information please visit: www.childcarecanada.org/

[7] Canadian Foundation for Children, Youth and the Law v. The Attorney General of Canada, [2004] 1 S.C.R. 76,  2004 SCC 4; http://scc.lexum.umontreal.ca/en/2004/2004scc4/2004scc4.html

[8] Fetal alcohol spectrum disorder: Canadian guidelines for diagnosis:  www.phac-aspc.gc.ca/fasd-etcaf/cdnguidelines-eng.php

[9] The 2003 report, Creating a Framework for the Wisdom of the Community: Review of Victim Services in Nunavut, Northwest and Yukon Territories, is available on-line at canada.justice.gc.ca/eng/pi/rs/rep-rap/2003/rr03_vic3/index.html

[10] The 2004 report, A One Day Snapshot of Aboriginal Youth in Custody Across Canada: Phase II, is available on-line at canada.justice.gc.ca/eng/pi/rs/rep-rap/2004/yj2-jj2/index.html

[11] For more information, see Article 11: Right to an Adequate Standard of Living in Canada's Fifth Report on the International Covenant on Economic, Social and Cultural Rights.

[12] For more information, see Canada's Sixth and Seventh Reports on the Convention on the Elimination of All Forms of Discrimination against Women, paragraphs 71 to 75.

[13] Projects include transitional housing for homeless pregnant teens and young mothers and their infants; assistance to at-risk Aboriginal women with children through education training, pre-employment services and work experience; services aimed at decreasing the number of Aboriginal children taken from their mothers and placed in foster care due to a history of family violence in the home; mental health services for homeless children under 12 years old living in family shelters; and expansion of a YWCA facility for women and their children who are homeless or at risk of becoming homeless.

[14] Statistics Canada. (2007). Transition Home Survey: National Fact Sheet.

[15] Novac, Sylvia. (2006). Family Violence and Homelessness: A Review of the Literature.

[16] For more information on the Protocol, see www.cic.gc.ca/English/refugees/outside/guardianship.asp.

[17] Processing Claims for Refugee Protection in Canada: www.cic.gc.ca/EnGLish/resources/manuals/pp/pp01-eng.pdf (Chapter 14 and 15)

[18] The UNHCR made this recommendation in the context of its review of the Canada-US Safe Third Country Agreement. See www.cic.gc.ca/English/department/laws-policy/partnership/chapter4.asp.

[19] R. v. D.B., 2008 SCC 25, http://scc.lexum.umontreal.ca/en/2008/2008scc25/2008scc25.html. For more details about this decision, see Appendix 1.

[20] The Prisoner of War and Detainee Handling Manual provides guidance on this issue: see chapter 3, para. 9, www.cfd-cdf.forces.gc.ca/sites/page-eng.asp?page=3486

[21] See Part III of the National Defence Act, http://laws.justice.gc.ca/eng/N-5/page-3.html#anchorbo-ga:l_III.

[22] More information on Canada's export policies with respect to military goods can be found at http://www.dfait-maeci.gc.ca/controls-controles/about-a_propos/expor/guide.aspx?menu_id=72&menu=R.

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