Part IV - Measures Adopted by the Governments of the Territories
Nunavut
720.
On April 1, 1999, the new territory of Nunavut was created out of the Northwest Territories pursuant to Section 3 of the Nunavut Act, S.C. 1993, c. 28. Modeled on the Northwest Territories Act and the Yukon Act, the Nunavut Act bestows on the Government of Nunavut powers equivalent to those possessed by the other two territories. Under section 29 of the Nunavut Act, all territorial laws in force in the Northwest Territories immediately before division were duplicated for Nunavut on April 1, 1999. All other laws in force in the Northwest Territories on April 1, 1999 (e.g. federal laws, common law) were continued in Nunavut, to the extent that they were applicable.
721.
By letter addressed to the Prime Minister of Canada, dated September 8, 2003, the Premier of Nunavut expressed Nunavut's support for the objectives and principles contained in the Convention on the Rights of the Child. The letter further extended Nunavut's formal support for the Government of Canada's ratification of the Convention.
General measures of implementation
(Articles 4, 42 and 44)
Child expenditures
722.
723.
724.
Data collection and dissemination
725.
Each department within the Government of Nunavut collects its own data, for example: the Department of Education collects data related to the education of children and the Department of Culture, Language, Elders and Youth collects information related to youth programming.
726.
Early childhood data is used internally as well as in reporting to various federal and territorial funding agencies.
727.
The Department of Education is in the planning stages of the development of a new Student Information System that will allow for the recording of data for various age groups.
General principles
(Articles 2, 3, 6 and 12)
Non-discrimination
728.
The Government of Nunavut passed its Human Rights Act on November 4, 2003. Pursuant to the terms of the legislation, the Act came into effect on November 5, 2004.
729.
The Act recognizes and acknowledges the right to equality and prohibits discrimination based on various grounds, including age, sex, marital status, family status and pregnancy as well as on lawful source of income. The Act also protects males and females alike against discrimination by virtue of planning to adopt a child, a common occurrence in Nunavut. Information on the Act can be found in Canada's Fifth Report on the International Covenant on Civil and Political Rights.
Family environment and alternative care
(Articles 5, 9-11, 18-21, 25, 27 and 39)
Child care and support services
730.
The Government of Nunavut's Early Childhood Program encourages the development of early childhood programs and licensed child care facilities. The Program provides start-up and annual operating funding to eligible non-profit licensed child care facilities and family day homes. There are 46 licensed programs in 23 communities in Nunavut. These licensed facilities include daycares, preschools, Head Start Programs and afterschool programs.
731.
732.
In March 2003, Federal, Provincial, and Territorial Ministers responsible for Social Services agreed on a framework for improving access to affordable, quality, provincially and territorially regulated early learning and child care programs and services. The goals of this agreement are to increase the number of child care and preschool spaces, to reduce the cost of child care and preschool services for low- and modest-income families, and to improve the quality of child care and preschool services. As part of this agreement the Government of Nunavut released a baseline report for the 2002-2003 fiscal year (
www.gov.nu.ca/education/eng/pubdoc/ECD_Up_Rep_0203.pdf).
Child and family benefits and other initiatives addressing child poverty
733.
The Government of Nunavut works with the Government of Canada, through the National Child Benefit, to help families raise healthy children and reduce child poverty.
734.
The Nunavut Child Benefit is combined with the Canada Child Tax Benefit into a single tax-free monthly payment given to qualifying families with children under the age of 18 and living at home. It includes a basic benefit and a Territorial Worker's Supplement, an additional benefit for families who have earned a certain minimum income the previous year and which have one or more children under the age of 18 and living at home.
Basic health and welfare
(Articles 6, 18, 23, 24, 26 and 27)
Pregnancy and early childhood development
735.
Nunavut is a member of the Canada Northwest Fetal Alcohol Spectrum Disorder Partnership, a health-related initiative to address fetal alcohol syndrome and its effects (FAS/E). With assistance from the Partnership and through its own initiatives, the Government of Nunavut has started the initial stages of an FAS/E Program. This program will cover the education/awareness and prevention, as well as the care and support for those individuals and family members affected by this preventable disease.
736.
As signatory to the September 2000 First Ministers' Communiqué on Early Childhood Development, the Government of Nunavut is committed to the development of an early childhood system grounded in the growing body of knowledge on the importance of the early years.
737.
The vision of the Government of Nunavut's Healthy Children Initiative (HCI) is "healthy children born to healthy parents, growing up in strong and supportive families in caring communities." HCI provides financial support to organizations and communities for programs and services that try to achieve this vision.
738.
HCI emphasizes a holistic approach where young people, parents and families and communities are part of an important network that works to develop healthy babies who grow into healthy children. HCI has two funds:
- Community Initiatives: Provides funding for the enhancement or development of early childhood intervention programs and services for children zero to six years of age and their families.
- Supportive Child Services: Provides funding on an individual basis for children requiring intensive support or specific assistance. This may include supported child care, occupational therapy, physiotherapy, speech and language therapy and supports, and supports to enable children to attend centre-based early childhood programs.
Aboriginal youth suicide prevention
739.
In June 2007, the Government of Nunavut released Annirusuktugut: A Suicide Intervention and Prevention Strategy. The strategy is based on six key objectives to foster stronger interdepartmental coordination as well as a strengthened working relationship with the Isaksimagit Inuusirmi Katujjiqatigiit (the Embrace Life Council) in order to better address the needs of communities.
Education, leisure and cultural activities
(Articles 28, 29 and 31)
740.
The Government of Nunavut provides a range of programs and services to support the needs of youth across the region. It provides support for the development of youth committees and provides creative and collaborative opportunities for youth.
741.
Education for Aboriginal children, rural children and children at risk
742.
The Government of Nunavut continues to work to help as many students successfully complete their education as possible. From 1999-2000 to 2004-2005, the Nunavut graduation rate increased by 29.1 percent, compared to a 10 percent increase in the national average.
743.
The Statistics Canada Center for Education summary on Canadian Public School Indicators shows that the investment the Government of Nunavut is making in education is strengthening the system and supporting students in their studies. The student-educator ratio in Nunavut has decreased from 19.2 per educator in the 1999-2000 school year to 16.2 per educator in 2004-2005, meaning there are fewer students per educator in Nunavut schools. Between 2003-2004 and 2004-2005, Nunavut had the largest increase in the number of educators in Canada at 17.8 percent.
Northwest Territories
General measures of implementation
(Articles 4, 42 and 44)
Child expenditures
744.
745.
746.
Data collection and dissemination
747.
The Government of the Northwest Territories Bureau of Statistics has overall responsibility for statistical programs. Departments collaborate with the Bureau of Statistics on the collection and analysis of data.
748.
Schools in the Northwest Territories are required to provide academic achievement and related records if and when students relocate to other schools in Canada. Counselling files, however, need to be specially requested, and the release of these files must be authorized by the parent or guardian of the child in accordance with
Access to Information and Privacy Act requirements (
www.justice.gov.nt.ca/pdf/ACTS/Access_to_Information.pdf).
General principles
(Articles 2, 3, 6 and 12)
Best interests of the child
749.
(i) Prerequisites to effective enforcement, such as the ability to instruct the Registrar of Motor Vehicles to suspend or refuse to issue a driver's licence to debtors that have failed to meet their family support obligations.
(ii) Enhanced enforcement mechanisms, such as the garnishment of a portion of joint accounts in financial institutions, and the ability of a court to order third parties to provide financial information, where it appears that a debtor is using a third party to shelter his or her assets.
(iii) Improvement in program efficiencies, such as the ability of the Maintenance Enforcement Program Administrator to attach monies in bank accounts or financial institutions, in the same manner as wage attachments.
750.
On January 1, 2008, amendments to the Northwest Territories
Child and Family Services Act (
www.justice.gov.nt.ca/PDF/ACTS/Child_&_Family_Services.pdf) came into force. The amendments provide that when a child has been apprehended, an application for an order confirming the apprehension must be filed with a court within four days after the day on which the child was apprehended. The amendments also provide for other stricter timelines associated with child apprehension hearings, in order to ensure a prompt court review in such circumstances involving the apprehension of a child.
Training of professionals
751.
The Government of the Northwest Territories ensures that an intensive, 10-day statutory child protection worker training is delivered four times per year to all new Child Protection Workers and Community Social Services Workers. Specific sections of the training are delivered with respect to the philosophy and principles of the Child and Family Services Act. The duties and responsibilities of Child Protection Workers are based on the principle that all services are delivered in accordance with the "best interests of the child."
752.
The Government of the Northwest Territories has delivered court worker training focusing on the "best interests of the child" principle, and how it is considered paramount in separation/divorce issues that involve children. Training materials provided to court workers also highlight the importance of this principle.
Family environment and alternative care
(Articles 5, 9-11, 18-21, 25, 27 and 39)
753.
During the reporting period, the preamble to the Northwest Territories Child and Family Services Act was amended requiring that consideration be given to placing an apprehended child within the child's extended family. The preamble reads, "and whereas a child's extended family can often provide important support in meeting the best interests of the child."
Adoption, search for birth parents and access to parental medical history
754.
The Northwest Territories
Adoption Act, in force November 1, 1998, provides the authority for the disclosure of information from the Adoption Registry (
www.justice.gov.nt.ca/PDF/ACTS/Adoption.pdf). Children adopted under the Act may access their adoption record at the age of majority (19 years) as can anyone else who completed a personal history before the adoption order was made.
755.
Children adopted under any predecessor Act are only entitled to non-identifying information from their adoption record, until such time as the birth parent consents to contact from the adopted person.
Child care and support services
756.
All programs that provide child care services without parents or guardians present are required to obtain a Northwest Territories Child Day Care Licence and maintain compliance with the Northwest Territories
Child Day Care Act (
www.justice.gov.nt.ca/PDF/ACTS/Child_Day_Care.pdf) and accompanying regulations.
757.
Early childhood education staff employed with the Government of the Northwest Territories complete annual program inspections to ensure cross jurisdiction standards are maintained and complied with.
Child and family benefits and other initiatives addressing child poverty
758.
The Northwest Territories Child Benefit (NWTCB) is administered by the Government of Canada and is included with monthly Canada Child Tax Benefit payments. Families with net incomes below $20,921 receive an annual NWTCB of at least $330 per child. The NWTCB is based on the number of children and the family's net income declared in the previous year's income tax filings with the Government of Canada. The Territorial Workers' Supplement is paid to families with working incomes over $3,750 and is phased-in so that the maximum benefit becomes available when working income reaches $10,000.
Illicit transfer and non-return
759.
Use of minor corrective force and alternatives to physical discipline of children
760.
Corporal punishment is not condoned in Northwest Territories schools. Effective/Positive Behaviour Support and Restitution approaches promote positive behaviour and constructive/restorative justice actions to remediate discipline issues. Both approaches are implemented school-wide and involve activities that educate all staff and students about appropriate behaviour and consequences.
761.
Basic health and welfare
(Articles 6, 18, 23, 24, 26 and 27)
762.
Of the 33 communities in the Northwest Territories, one is a Federal reserve that obtains its drinking water from the neighbouring municipality. Through an interdepartmental drinking water initiative, the Government of the Northwest Territories ensures regular testing and monitoring of drinking water and the review of designs for water treatment plants. Since 2007, communities receive capital funding for community public infrastructure, including drinking water infrastructure. Allocations of Government of Canada gas tax funding, provided to each of the 33 communities, may be used for water-related infrastructure.
763.
The Northwest Territories is partnering with the Yukon and the Nunavut governments, as part of a multi-year agreement, in the development of pan-territorial mass media initiatives designed to have a stronger, more relevant impact on the health choices made by northern residents.
764.
Health services and social services are integrated to ensure equitable access for all residents throughout the Northwest Territories.
Pregnancy and early childhood development
765.
Fetal Alcohol Spectrum Disorder (FASD) is a serious issue in the Northwest Territories. The Government of the Northwest Territories is partnering through the Canada Northwest Fetal Alcohol Spectrum Disorder Partnership to combat FASD. As well, the Government of the Northwest Territories works collaboratively with a number of partners such as the Government of Canada and Northwest Territories community governments and organizations to ensure the delivery of community-based programs that can better respond to the local needs of children and their families. In 2007, the Government of the Northwest Territories supported 11 community-based projects targeting FASD, including awareness workshops, life skills sessions for affected youth, the services of a Family Outreach Support Worker, and a Traditional Parenting Train-the-Trainer course.
Aboriginal youth suicide prevention
766.
During the reporting period, the Government of the Northwest Territories has made suicide prevention activities a priority. The Community Counselling Program has employed "Community Wellness Workers", whose primary role is to promote mental wellness in the Northwest Territories.
767.
Two national programs have also been implemented across the Northwest Territories to promote resiliency in children and youth. The "FRIENDS for Life" program teaches children and youth problem-solving abilities to foster resilience. The second program, "YouthNET NWT", focuses on the promotion of mental health and coping skills, early intervention and wellness education for youth.
768.
Applied Suicide Intervention Skills Training, a widely used and researched suicide intervention skills training program developed by the non-governmental organisation, LivingWorks, is currently being supported by the Government of the Northwest Territories.
769.
Communities and non-governmental agencies in the Northwest Territories are also involved in the delivery of culturally appropriate suicide prevention programming.
Minimizing risks to adolescent health
770.
In an effort to minimize health risks, the Government of the Northwest Territories promotes active lifestyles for children and youth:
- The Youth Centre Initiative Program provides financial support to assist with operating costs of youth centers and community-based facilities offering positive youth programs in the Northwest Territories.
- The Youth Corps Program is designed to assist community governments or volunteer organizations with programs that offer a structured and varied program of outdoor, educational, work, life and personal growth experiences that challenge, engage, reward and recognize youth.
- A series of youth trapper training and traditional skills projects is supported throughout the Northwest Territories. Programs are typically run in cooperation with schools and include an awards program.
- The Youth Contribution Program supports initiatives that promote positive lifestyles and improve the quality of life and well-being of youth in their communities. This program has been used to support travel to youth conferences and to engage in various learning opportunities, other than sporting events.
- The Youth Ambassador Program provides youth with an opportunity to build leadership skills through volunteer assignments at multi-sport games events and to act as ambassadors for the Northwest Territories.
Homelessness
771.
772.
773.
774.
The Government of the Northwest Territories also actively participates in a local homeless coalition.
Education, leisure and cultural activities
(Articles 28, 29 and 31)
775.
With respect to education, all students in the Northwest Territories are entitled to the same access, rights and opportunities regardless of ethnic origin. All schools are funded by the Government of the Northwest Territories and, as such, are subject to the
Education Act (
http://www.justice.gov.nt.ca/pdf/ACTS/Education.pdf). School jurisdictions are required to use block funding provided by the Government of the Northwest Territories to ensure that students, regardless of their community of residence, receive the same standard of education across the territory.
Education for Aboriginal children, rural children and children at risk
776.
Two curriculum documents have been developed in the Northwest Territories to ensure that culturally appropriate instruction is infused across all subject areas, in all schools. Dene Kede, the curriculum from a Dene perspective, and Inuuqatigiit, the curriculum from an Inuit perspective, are foundational curricula designed to be the cornerstones of all subject areas and instruction in the classroom. Ongoing in-service training is provided to ensure that newly-hired staff members are well-informed about these curricula and understand their use.
777.
Strategies addressing drop-out rates vary by school and school district but are always under consideration. Modified education plans allow students to progress from one grade to another with their same-aged peers while they work on curriculum that is relevant to their skills and abilities. Grade extensions have made it possible for rural students to complete grade 12 in their home community.
778.
The
Inclusive Schooling Directive provides direction on this practice. Inclusive schooling is both a belief and a practice where all children learn in their local schools in classes with students their own age. Inclusive schooling reflects good teaching and best practices such as cooperative learning, multi-level instruction, multiple intelligences, learning/teaching styles, and differentiated curriculum. Further details can be found at
www.newteachersnwt.ca/professional_advice2.html.
Child rights education
779.
The discipline and code of conduct strategies of schools in the Northwest Territories involve activities that educate all children about their rights and responsibilities within the school context.
780.
The Grade 3 curriculum includes a "Learning Experience" (a grouping of Specific Learning Outcomes) entitled "Human Rights."
Special protection measures
(Articles 22, 30 and 32-40)
Protection from economic exploitation
781.
The Northwest Territories
Employment Standards Act (
www.justice.gov.nt.ca/PDF/ACTS/Employment_Standards.pdf) contains a number of provisions dealing with the employment of youth. Under the Act, "youth" is defined as a person 16 years of age or younger. The Act specifies the hours of labour a youth may work, and authorizes the Employment Standards Officer to request that an employer provide evidence that the employment of a youth will not likely be detrimental to his or her health, education or moral character.
Children in conflict with the law
782.
The Northwest Territories
Youth Justice Act (
www.justice.gov.nt.ca/pdf/ACTS/Youth_Justice.pdf) came into force on April 1, 2004. The Act applies when a young person aged 12-17 is alleged to have committed an offence under a territorial statute or municipal by-law. The Act largely mirrors the federal
Youth Criminal Justice Act. The Act requires police to consider alternative measures before charging a youth. These measures could include appearing before a community justice committee, meeting with an elder, warnings, cautions, referrals or formal sanctions. The Act also provides for 'conferences' that can be called by police or the Court Community. Family members, teachers and others can be called to a conference to provide input on how to deal with a youth accused of a territorial offence.
783.
Corrections and probation officers are mandated to assess both physical and psychological needs in their case plans in order to help with the social reintegration of children who have been in conflict with the law. Alternative measures are available to police in an effort to keep children who commit non-violent minor offences away from the courts and correctional facilities.
Yukon
General Measures of Implementation
(Articles 4, 42 and 44)
Child expenditures
784.
785.
786.
Data collection and dissemination
787.
The Government of Yukon analyzes data as required and uses it to inform its decisions related to children. The
2006-2007 Department of Education Annual Report containing relevant data analysis can be found on the Yukon Education web site under Publications, at
www.education.gov.yk.ca/publications.html.
788.
A release of information is used to ensure effective sharing of data on children. A protocol on information-sharing within the Government of Yukon was established in 1993 and is used judiciously in order to balance the need to respect children's privacy with the need to provide services.
789.
The Government of Yukon continues to strive to develop coordinated data collection and monitoring in order to implement the most effective measures to improve the situation of Aboriginal children. Some statistical indicators measuring testing with Aboriginal children have been made available in the Yukon Education Annual Report cited above.
Complaint mechanisms
790.
The Yukon Ombudsman can hear complaints from children and their advocates for issues affecting them.
Promoting awareness and understanding of the Convention
791.
On International Human Rights Day, December 10, 2008, the Yukon Human Rights Commission made available an information booklet on Convention on the Rights of the Child (produced by the Government of Canada) to members of the public and for school presentations.
General principles
(Articles 2, 3, 6 and 12)
Non-discrimination
792.
In December 2007, the Government of Yukon passed a
Safe and Caring Schools Policy (
www.education.gov.yk.ca/policy/safe_schools.html), which targets bullying, harassment, discrimination, intimidation or any unwelcome behaviour that degrades a person on the basis of personal characteristics, gender, sexual orientation, race or disability.
Best interests of the child
793.
In March 2007, a new policy was adopted that set out a process for working with Yukon First Nations when First Nation children are involved with child protection services.
Family environment and alternative care
(Articles 5, 9-11, 18-21, 25, 27 and 39)
Child care and support services
794.
The Government of Yukon increased funding by $5 million dollars over five years to child care programs in 2007.
795.
In 2005, funding for the Kids Recreation Fund increased by $14,000. Additional information on the fund is available in Canada's Fifth Report on the International Covenant on Economic, Social and Cultural Rights.
Child and family benefits and other initiatives addressing child poverty
796.
In July 2004, the Yukon Child Benefit was increased to $450 per year per child. Increases were also made in 2007. In addition, the Yukon Child Tax Credit and Yukon Child Tax Fitness Credit were introduced in 2007 (
www.gov.yk.ca/news/2007/07-201.html).
Use of minor corrective force and alternatives to physical discipline of children
797.
Section 36 of Yukon's
Education Act (
www.gov.yk.ca/legislation/acts/education.pdf) states that "Corporal punishment shall not be used in the discipline of students." Each school develops its own school-based rules regarding discipline in the school.
Basic health and welfare
(Articles 6, 18, 23, 24, 26 and 27)
798.
799.
800.
Pregnancy and early childhood development
801.
In 2006, a prevention campaign on Fetal Alcohol Syndrome Disorder was implemented and funding was provided to the Fetal Alcohol Syndrome Society of Yukon for prevention programs. In 2007, funding was also provided to this organization for a program targeting high-risk women.
Aboriginal youth suicide prevention
802.
Critical incident response teams have been put in place and training has been provided so that they may better respond to community crises such as suicide. In 2007, rural mental health services were expanded and outreach van coverage increased to six nights per week.
Minimizing risks to adolescent health
803.
Youth were involved in the creation of innovative government education campaigns for youth on:
Adequate housing
804.
The Government of Yukon and the Yukon First Nations work in a collaborative manner to identify joint housing priorities and develop solutions within their respective jurisdictions. The government supports First Nations in seeking Government of Canada funding for housing projects, supports capacity building initiatives and projects to assist First Nations in producing appropriate housing, supports the delivery of energy audits for First Nations, and provides social housing units (35 percent of which are occupied by First Nations tenants).
805.
In 2004, the Government of Yukon implemented a new policy to exclude child support payment amounts received by social housing tenants (including First Nation citizens) when calculating tenant income for the purposes of calculating the rent amount for social housing tenants.
806.
In 2007, a priority social housing policy was implemented for individuals leaving abusive relationships.
Education, leisure and cultural activities
(Articles 28, 29 and 31)
807.
Within the frameworks of the
Western and Northern Canadian Protocol, the British Columbia program of studies forms the basis of the Yukon curriculum. This curriculum is frequently adapted to reflect local needs and conditions and includes the program Making Space, Giving Voice (
www.bced.gov.bc.ca/irp/drafts/making_space_response_draft.pdf).
808.
This Kindergarten to Grade 12 program provides teachers with the opportunity to integrate awareness and understanding of diversity activities in their teaching. The program seeks to promote the achievement of social justice for all people, particularly in ensuring that people's backgrounds and contexts do not preclude them from achieving the full benefits of participation in society, and in addressing injustice.
809.
The two objectives for this program are closely linked, as the achievement of social justice depends very much on citizens having an understanding of and appreciation for:
- the talents and accomplishments of individuals identified with each and every diverse group;
- the ways in which some individuals or groups have been (or still are) treated unfairly by others; and
- the extent to which all people have common physical and psychological needs (e.g. to be heard and to be treated with respect), regardless of the differences in their attributes, capacities or background.
810.
Time allocation for the Humanities is 30 percent of a school day. During that time teachers may include and incorporate instruction on awareness campaigns, equity policies and human rights into various subjects.
811.
The Yukon Teachers Association works in close cooperation with the Government of Yukon to enhance collaboration regarding education.
812.
Education for Aboriginal children, rural children and children at risk
813.
All educational services are available to children in the Yukon through outreach programs or through attending school in Whitehorse - the territory's capital. If a specific educational program is not offered in a remote Yukon community, high school students can make use of housing within Whitehorse to access the schools that offer that specific programming.
814.
In August 2006, the Government of Yukon created a new unit under the Public Schools Branch - the First Nations Programs and Partnerships Unit (FNPPU). In 2007 and 2008, over $5.2 million dollars was committed to supporting the FNPPU and First Nations initiatives in education. The FNPPU mandate is to:
- build productive relationships with First Nations;
- improve the results of First Nation students in the K-12 system; and
- work toward increased levels of cultural inclusion in Yukon schools.
Minority language education
815.
The Government of Yukon does not have a specific policy on availability of education in both official languages, however, section 56 in the Education Act states that "Students whose parents have a right under section 23 of the Canadian Charter of Rights and Freedoms to have their children receive an educational program in the French Language are entitled to receive that program in accordance with the regulations."
Optional Protocol on the Involvement of Children in Armed Conflict
816.
Please see Canada's First Report on the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict for measures in place, such as counselling and psychological support.
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