Appendix 5 - Government of Canada Response to the Standing Senate Committee on Human Rights

The Honourable Senator Andreychuk
Chair, Standing Senate Committee on Human Rights
Senate of Canada
Ottawa, Canada

Dear Honourable Senator Andreychuk,

On June 18, 2007, the Standing Senate Committee on Human Rights requested that the Government table a complete and detailed response to the recommendations included in its tenth Report, entitled, Children: The Silenced Citizens, Effective Implementation of Canada's International Obligations with respect to the Rights of Children. These recommendations cover a broad range of areas within four overarching themes: implementing the international human rights of children at home; supporting healthy child development; combating exploitation and violence against children; and protecting vulnerable children.

Pursuant to Rule 131 of the Rules of the Senate, I am pleased, on behalf of the Government of Canada, to respond to the Standing Senate Committee's Report.

The Government appreciates the Committee's in-depth work in examining Canada's obligations under the United Nations Convention on the Rights of the Child and assessing whether Canadian legislation that applies to children is consistent with the Convention. It will serve as an important reference document for future policy development.

As you well understand, preparing a Government Response involves many government officials in many departments and agencies, all of whom must take a fresh look at the legislation, policies, and programs under their responsibility to be able to respond. The process itself is of tremendous value, and enhances coordination and collaboration.

Canada demonstrates its strong commitment to promoting and safeguarding the rights of children as a State Party to the Convention and through Canada's efforts with respect to its effective implementation. All levels of government, in partnership with civil society and the private sector, are working towards improving the well-being of children.

Federal government measures to support children, families, and communities respect the diversity of their circumstances and needs. They also reflect the government's belief that whenever possible, parents should have the primary responsibility for nurturing and caring for their children. Strong families are the foundation for a bright future for children and for Canada. While there is still important work to be done to improve the lives of children, government action has led to positive results and some recent successes in improving the situation of children and their families. The 2006 Government of Canada report, "The Well-Being of Canada's Young Children" found that most young children in Canada (aged 0-6) are healthy, exhibit strong cognitive and social development, and are growing up in positive family environments. Between 1996 and 2005, there was an almost seven percentage point drop in the rate of children living in low income, representing 520,000 children (Statistics Canada, Income in Canada 2005, May 2007). In 2007, for the first time, families will receive over $ 17 billion in direct support through federal programs such as the Universal Child Care Benefit, the Child Tax Credit, the Canada Child Tax Benefit, the Child Disability Benefit, maternity and parental benefits, and the Child Care Expense Deduction. There is now $1.1 billion in federal transfers to the provinces and territories to support early childhood development programs and services for children, including an additional $250 million added to annual funding for new child care spaces. This amount will grow by 3% each year through the annual escalator provision of the Canada Social Transfer.

The Government of Canada remains committed to the well-being of children and to meeting Canada's international human rights obligations under the Convention. As the Standing Senate Committee acknowledged in their Report, numerous issues relating to children fall within the jurisdiction of the provinces and territories and children in most provinces have recourse to independent Children's Commissioners, advocates or ombudspersons. The Government of Canada recognizes and values the important work performed by the Children's Advocates and Ombudspersons in the provinces and territories on children's issues. Canada agrees with the Standing Senate Committee that cooperation among jurisdictions is essential to ensure that children remain a priority. Federal, provincial and territorial governments continue to consult on issues relating to children through various forums. The Government coordinates actions and addresses areas of greatest need through working groups and committees, both longstanding, such as the Continuing Committee of Officials on Human Rights, and newly created such as the federal interdepartmental working group on children's rights. Through mechanisms such as these, as well as Canada's on-going reporting obligations to the United Nations Committee on the Rights of the Child, the Government of Canada facilitates awareness of and respect for its international human rights obligations with respect to children.

Canada remains committed to work as effectively and efficiently as possible, to produce better results and to help children reach their potential.

 

____________________________
The Honourable Robert Nicholson,
Minister of Justice

 


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Government Response to
the Standing Senate Committee on Human Rights Report:

"Children: The Silenced Citizens
Effective Implementation of
Canada's International Obligations
with Respect to the Rights of Children"

Table of Contents

Introduction

Part 1 - Implementing the International Human Rights of Children at Home

Part 2 - Supporting Healthy Child Development

Part 3 - Combating Exploitation and Violence against Children

Part 4 - Protecting Vulnerable Children

The Way Forward

Introduction

The Canadian Government acknowledges the many hours of testimony and research that contributed to the Standing Senate Committee's Report, "Children: The Silenced Citizens" and thanks the Committee members for all the work that they have done to highlight opportunities to improve the lives of children in Canada.

This Government Response presents information about processes, programs, and policies that the Government now has in place, and is putting in place, to support Canadian children and families consistent with its international obligations. The information is grouped under four themes:

  • implementing the international human rights of children at home
  • supporting healthy child development
  • combating exploitation and violence against children, and
  • protecting vulnerable children.

The Government shares the Standing Senate Committee's concerns about the well-being of children and its commitment to ensuring that the best interests of children are realized.


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Part 1 - Implementing the International Human Rights of Children at Home

The Standing Senate Committee's Report included six recommendations relating to this theme: Recommendations 1, 19, 21, 22, 23, and 24.

International treaty-making and implementation in Canada

Canada implements and complies with its international human rights obligations through a multi-faceted approach, including constitutional protections that are already in place under the Canadian Charter of Rights and Freedoms, as well as legislation, policies, programs, and public education.

While international treaty-making is an act of the Executive branch of Government and Parliamentary approval is not required for Canada to enter into international treaties, the Canadian Government consults across federal Government departments and with provincial, territorial, and Aboriginal governments when the subject-matter of the treaty falls within their jurisdictional authority.

Provinces and territories participate in the elaboration of new international human rights instruments by providing comments on draft texts and by participating on Canada's delegations to international human rights treaty negotiations, as appropriate.

In some cases, the Government of Canada may have a legal obligation to consult self-governing Aboriginal governments before consenting to be bound to a new international treaty that may affect or may adversely affect a right under an Aboriginal agreement. Since the 1990s, Canada has entered into a number of self-government agreements with Aboriginal groups containing specific provisions on the need for compliance with Canada's international legal obligations.

Information about the Canadian position at international human rights treaty negotiations has also been provided to participants at past Annual Human Rights Consultations held by Foreign Affairs and International Trade Canada.  Various non-governmental organizations have been invited to these consultations, which have been open to the public.

Government departments directly involved in international treaty negotiations may also contact non-governmental organizations who have an interest in the subject matter of the treaty. 

As well, representatives of non-governmental organizations may sometimes participate in Canadian delegations to international treaty negotiations.  For example, representatives from the Council of Canadians with Disabilities and the Canadian Association for Community Living recently participated in Canada's delegation to the negotiations on the United Nations Convention on the Rights of Persons with Disabilities.

Prior to ratifying an international human rights treaty, the federal Government conducts an internal assessment of its laws, policies, and practices to determine if they comply with the treaty.  If the subject matter of the treaty falls within provincial jurisdiction, a similar assessment is also undertaken by the provinces and territories. This process was followed before Canada ratified the Convention on the Rights of the Child in 1991 and its two Optional Protocols on children in armed conflict (2000) and the sale of children (2005).  Canada did not signal its intention to be bound until after this comprehensive review had been completed. Therefore, although the Executive branch is responsible for entering into international treaties, the decision to ratify the Convention was only made after extensive discussions and work across the country. In addition, in the 2006 Speech from the Throne, the Government declared that "significant international treaties will be submitted for votes in Parliament".  The Government of Canada remains firmly committed to giving Parliament a greater role in the international treaty-making process.

Reviewing proposed federal legislation for consistency with Canada's human rights obligations

Before the Government tables a Bill in Parliament, the Government reviews proposed federal legislation for consistency with human rights protections including, where relevant, Canada's international human rights obligations respecting children.  The process by which a new federal Bill goes to Parliament is thorough, requiring Cabinet to be informed when international agreements to which Canada is a signatory have a bearing on the proposed legislation. (See the Guide to Making Federal Acts and Regulations, c. 2.2, Checklist for Preparing Bill Drafting Instructions (http://www.pco-bcp.gc.ca/docs/InformationResources/Publications/legislation/lmg_e.pdf)

In addition, the Cabinet Directive on Streamlining Regulation instructs departments and agencies to respect Canada's international obligations in their regulatory activities relating to areas such as human rights, health, safety, security, international trade, and the environment. The Directive is online at  (http://www.regulation.gc.ca/default.asp@language=e&page=thegovernmentdirectiveon.htm).

Legislative drafters and regulatory counsel as well as other legal counsel in the Department of Justice are briefed on issues related to the implementation of international obligations as part of their ongoing training. Specific training is available on the Convention on the Rights of the Child. In addition, issues with respect to international human rights that are raised by a Bill or proposed regulation can be referred to the Human Rights Law Section of the Department of Justice for a legal opinion.

Canada's on-going reporting responsibilities

As with each of the major United Nations human rights treaties, as a state party to the Convention, Canada must report on its implementation of the instrument in question. The United Nations Committee or respective treaty body reviews these reports, issues its "Concluding Observations" noting accomplishments and areas for improvement, and making recommendations for further information.

The Government of Canada supports this reporting process in words and actions, viewing it as a forum for dialogue and an opportunity to share best practices between the state party and the treaty body. Canada has submitted more than 40 reports to United Nations treaty bodies. Canada is also one of only a few countries that is up-to-date on its reporting responsibilities under the major human rights treaties. Canada continues to look for ways to improve its reports and, since 2004, has made them more timely, focused, and shorter, an approach which has been positively acknowledged during United Nations Committee reviews.

For the preparation of Canada's reports, officials from across federal departments and at the provincial and territorial level, submit information into a detailed report. During the process of preparing a report, the Government invites the participation of non-governmental organizations by canvassing their views for issues to be covered in Canada's reports, ensuring that they are informed of the upcoming review process, engaging in information sessions on reporting, and facilitating the sharing of their information with the treaty bodies and with federal, provincial, and territorial governments as appropriate.

To promote transparency, Canada's reports to the United Nations, the United Nations Concluding Observations, and other information on human rights are available online at pch.gc.ca/progs/pdp-hrp/docs/crc_e.cfm.

In addition to being made available to the public, the Concluding Observations are discussed at relevant federal and provincial and territorial meetings for follow-up.

With respect to the Convention on the Rights of the Child, Canada has already submitted two five-year periodic reports, and work is currently underway on the next report which is due in January 2009. The information and recommendations in the Standing Senate Committee report will be used to inform this process. The Government is also finalizing Canada's first report to the United Nations Committee on the Rights of the Child this fall on the Optional Protocol to the Convention on the Rights of the Child, Sale of Children, Child Prostitution and Child Pornography, which Canada ratified in September 2005.

In May 2002, the United Nations hosted a Special Session on Children involving over 500 stakeholders, individuals and organizations, including children speaking for themselves. The input was assembled in a document titled "A World Fit for Children", which identified priority actions for children. Canada responded with a National Plan of Action for Children and submitted the plan with the title "A Canada Fit for Children" to the United Nations in April 2004. Canada was one of the first countries to develop a plan of action following the Special Session. It has also followed up on the 2002 Special Session with a response to UNICEF, the "'Plus 5' Review of the 2002 Special Session on Children and World Fit for Children Plan of Action".

Canada takes its reporting responsibilities seriously. Through an open and accountable process and frank reports to the United Nations on how the Convention on the Rights of the Child is being implemented in Canada, Canada is maintaining its commitment to the Convention and to the obligations it contains.


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The coordination of government activities relating to children

Canada's Constitution sets out the responsibilities of federal and provincial governments. Canada's federal nature enhances protection of children's rights because it provides the opportunity for governments to weigh the particular conditions prevailing in their jurisdictions when deciding on appropriate ways of taking action.  Governments can also provide different supports depending on jurisdictional responsibility. For example, health and education, two important areas of service to children, are provincial matters, leaving the federal Government to promote policies in these areas generally through fund transfers and discretionary programs that promote knowledge development and dissemination.

Nevertheless, all governments in Canada share a mutual concern for the well-being of children, and agree that cooperation among jurisdictions is essential to ensure that children remain a priority. Federal, provincial, and territorial governments continue to consult on issues related to children through various forums.

At the federal level, many different departments and agencies are responsible for creating and implementing laws, policies, and programs that have an impact on children and their families. The Government coordinates actions and addresses areas of greatest need through working groups and committees, both longstanding and newly created.

Committee of Federal Deputy Ministers on International Human Rights

This Committee of Federal Deputy Ministers provides leadership and a high-level forum on human rights issues, with a particular emphasis on managing the interaction between international human rights commitments and domestic law and policy. Jointly chaired by the Department of Justice, Foreign Affairs and International Trade Canada, and Canadian Heritage, the Committee provides direction on major international human rights initiatives that need to go before Cabinet, makes recommendations regarding Canada's position on emerging issues within the international human rights arena, and coordinates communications among departments.

Interdepartmental Working Group on Children's Rights

The Standing Senate Committee recommended the creation of an interdepartmental implementation working group to coordinate activities, policies, and laws for children's rights issues. A new Interdepartmental Working Group on Children's Rights, co-chaired by the Public Health Agency of Canada and the Department of Justice, is now in place to promote a whole-of-government approach to children's rights, and to encourage linkages among departments with policies affecting children. The Working Group creates a formal structure for various ad hoc interdepartmental working groups that have existed for some time. By ensuring regular discussion of children's rights and related issues, this committee will continue to promote awareness and understanding of the obligations under the Convention on the Rights of the Child amongst federal officials, beyond those with direct responsibilities related to children and families. The Working Group will also collaborate on federal submissions to international and regional bodies concerned with children's issues, such as the United Nations Committee on the Rights of the Child.

Continuing Committee of Officials on Human Rights

The Continuing Committee of Officials on Human Rights, chaired by the Department of Canadian Heritage, facilitates consultation among governments on issues related to international human rights treaties. Since its creation, the Continuing Committee has been effectively fulfilling its mandate by ensuring that the federal, provincial, and territorial governments are able to discuss and share information concerning the drafting, signing, ratifying, and implementing of international human rights treaties.

The issue of federal responsibility for the Continuing Committee was addressed in the 2005 evaluation of the Human Rights Program of the Department of Canadian Heritage.  The Department is responsible for promoting a greater understanding of human rights and related values. The evaluation concluded that the objectives and activities of the Human Rights Program, including inter-governmental coordination fit well within the Department of Canadian Heritage mandate and that addressing human rights issues through that Department places them in a cultural context, and makes awareness of and respect for human rights not only a matter of law, but also an integral part of Canada's culture and heritage.

The Continuing Committee has improved the availability of information about its activities by posting information online and by declassifying its most recent agendas. The public can also submit comments and concerns to the Continuing Committee of Officials on Human Rights by sending documents to the Secretariat at the Department of Canadian Heritage, right-droit@pch.gc.ca. This feedback, if any, is distributed, as appropriate, to provincial and territorial governments and federal departments. However, to facilitate frank discussions and remain effective in its primary role of providing a forum for federal, provincial, and territorial officials to share their views on various issues, the content of Committee deliberations has to remain confidential. This is consistent with the practices of similar federal/provincial/territorial committees.

A meeting of federal, provincial, and territorial ministers responsible for human rights

The Government of Canada will continue to seek the appropriate opportunity and timing for a meeting of federal, provincial, and territorial ministers responsible for human rights. While ministers have not formally met for several years, the Standing Senate Committee can be assured that ministers in all jurisdictions are informed of relevant issues, and involved in decision-making related to the development, ratification, and implementation of international human rights treaties in their respective jurisdictions.

Youth engagement

In her testimony to the Standing Senate Committee, Ontario's Child Advocate, Judy Finlay, talked about the importance of including children in decision-making, by giving them opportunities to be heard and by really listening to them. She articulated the principle "don't speak about us without us". Indeed, the first recommendation made by the Standing Senate Committee is related to children's participation and expression.

In that regard, the federal, provincial, and territorial governments continue to work together to implement programs and services that make it possible for children experiencing a family break-up to express their ideas and feelings on proposed parenting arrangements.

The Government also recognizes the importance of considering the perspectives of children and youth when developing and implementing Government initiatives. Many departments actively engage youth in their consultation processes.

The Centre of Excellence for Youth Engagement, funded by the Public Health Agency of Canada, promotes the participation of youth in government decision-making through many initiatives.  For example, the Centre of Excellence for Youth Engagement supported the Youth Action Committee for Tobacco Control and hosted the Youth Roundtable for Canada's Renewed Drug Strategy. The Centre provided ongoing consultation, including a policy paper for Tobacco Control. The Centre also supported and sustained youth engagement in the Drug Strategy for ongoing ad-hoc youth consultation. The Youth Action Committee for Tobacco Control is the longest standing example of an evolving model of sustained youth engagement in the federal government. Youth engagement is embedded in the national frameworks on tobacco and problematic substance use. Youth are involved and consulted directly in development of materials and resources on an ongoing basis.

The Women's Program, Status of Women Canada, funds projects to develop leadership skills in young women, such as the "Women of Tomorrow" leadership training program and the "Video-Camera: Women and Girls Self-Harm Prevention Project", designed for vulnerable girls to promote self-confidence and foster civic participation.

The Department of Canadian Heritage involved youth at every level of the Urban Multipurpose Aboriginal Youth Centres Initiative, from the initial consultations during the design phase to the on-going project direction provided by youth councils and advisory groups at the national, regional, and local levels. As a result of the Initiative's culturally-based "By Youth, For Youth" approach, youth who participate acquire a stronger sense of pride and self-esteem as Aboriginal persons and develop leadership and life skills that enable them to make positive choices for their future and engage in activities that help their communities.  

Internationally, the Government, through the Canadian International Development Agency, has made significant efforts to involve children and young people in meaningful and substantive ways in relevant programming and research. Canada has supported the ground-breaking participation of children at several major international conferences, and in policy dialogue, bilateral projects, and research. An analysis of lessons learned evaluations shows that the participation of children and young people is a good development practice that improves project results and may contribute to the longer-term development of stronger democratic societies.


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Part 2 - Supporting Healthy Child Development

The Standing Senate Committee's Report included seven recommendations relating to this theme: Recommendations 7, 9, 10, 11, 13, 14, and 15.

While parents and families hold primary responsibility for the care and nurturing of their children, governments at all levels have a contribution to make in supporting families.

Canada is committed to promoting and maintaining the well-being of its children across the critical domains of physical, cognitive, and social development. The following section presents some of the main programs that the Government has in place to assist families in ensuring healthy child development.

Early childhood development

The Government of Canada recognizes the importance of the early years for healthy development. Children's opportunities and experiences during the first five years set the stage for their future success and well-being.

The federal government invests in a wide range of initiatives that foster development in early childhood including: direct support to parents; transfers to provinces and territories to support them in improving and expanding their programs and services for families with young children; programs and services for Aboriginal communities on and off reserve; and community-based programs focused on families and children at risk.

In 2006, the Government of Canada introduced the Universal Child Care Benefit, to provide direct financial assistance to families with children under six to help off-set the costs of whatever form of child care they choose. The new child tax credit, established in 2007, will provide families with up to $310 in tax relief for each child under eighteen.

These new measures build on other direct supports to parents, including the Canada Child Tax Benefit, the National Child Benefit Supplement for low-income families, the Child Disability Benefit for families caring for a child with disabilities, maternity and paternity benefits, and the Child Care Expense Deduction. Taken together, these initiatives will provide families with over $17 billion in direct support this year.

While the provinces and territories have jurisdiction over the majority of programs and services for families with young children, the federal government plays a supporting role.  Since 2000, improving and expanding programs and services for young children has been a joint priority of all governments in Canada.  The federal government transfers funding to provinces and territories to supplement and support their respective investments, based on articulated, shared goals and objectives, and with on-going collaboration to promote accountability and effective practices.

Beginning this year, the Government of Canada is providing $250 million in additional annual funding to provinces and territories, to support the creation of child care spaces.  Together with funding already provided through the Canada Social Transfer in support of the FPT Early Childhood Development (ECD) Agreement and Multilateral Framework on Early Learning and Child Care (ELCC)[1], this brings federal transfers to the provinces and territories in support of programs and services for families with children to $1.1 billion this year, growing to $1.3 billion by 2013-14 as a result of the 3% annual escalator that is part of the renewed Canada Social Transfer.

The federal/provincial/territorial ECD and ELCC initiatives set out shared objectives for families and young children, identifying broad areas for investment, and establishing common accountability frameworks based on public reporting.  Governments continue to work together under these initiatives, and to share information on progress and effective practices.

Working in collaboration with Aboriginal communities, as well as provincial and territorial governments, the federal government also supports a number of wide-reaching early childhood development programs for Aboriginal families. 

In addition, the federal government works in cooperation with provinces and territories to identify priorities and direct project funding under federal initiatives like the Community Action Program for Children, the Canada Prenatal Nutrition Program and Aboriginal Head Start on and off reserve.

The Government of Canada will continue to work directly, and with its partners, to advance policies and initiatives that support early childhood development, based on a clear understanding of and respect for the roles and responsibilities of parents, communities, as well as each order of government. 

Support for low-income families with children

The federal government helps families with the costs of raising children through a range of programs, transfers, and tax measures, including the Universal Child Care Benefit, the child tax credit, and the Canada Child Tax Benefit (CCTB). The rate of children living in low income has declined significantly, dropping from a peak of 18.6% of all children in 1996 to 11.7% in 2005 (Statistics Canada, Income in Canada 2005, May 2007).  This means that 520,000 fewer Canadian children were living in low income households in 2005 than in 1996. Although the decline in the number of children who live in families with a low income is a positive development, the Government of Canada recognizes that challenges remain.

Through the National Child Benefit (NCB)[2] initiative, the federal government works with provinces and territories to provide income support, as well as benefits and services for low-income families with children.  In the 2006-07 program year the Federal Government provided low-income families with children with over $3.5 billion through the NCB Supplement to the CCTB base benefit.  The NCB initiative has been successful in reducing child poverty and supporting parents' participation in the labour force.

Working in partnership with First Nations governments, the Government has established the First Nations National Child Benefit Reinvestment Initiative. This is the on-reserve counterpart to similar provincial and territorial initiatives. Since its inception in 1998-1999, First Nations have reinvested over $355 million in activities directed at overcoming poverty in their communities.

The Government is also working to improve the self-reliance of families.  Budget 2007 announced a Working Income Tax Benefit to reward work for low-income Canadians.  Through Labour Market Agreements for Persons with Disabilities, the Government provides funding to provinces to enhance the employability of persons with disabilities, so they can obtain and maintain employment.  The Aboriginal Skills and Employment Partnership initiative helps to ensure that Aboriginal Canadians receive skills and employment training to increase their participation in economic development projects across Canada.


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Housing

Adequate housing is essential to the well-being of children and their families. The Government, in collaboration with other orders of government and organizations, is supporting a number of measures to address the housing needs of Canadians, including to reduce the gap in housing conditions between Aboriginal and non-Aboriginal Canadians. A flexible approach, based on needs and priorities primarily identified at the provincial/territorial and community level, covers the entire housing continuum.

The Government is spending $1 billion to create affordable housing through bilateral Affordable Housing Agreements with the provinces and territories

  • The Government, through Canada Mortgage and Housing Corporation, spends approximately $1.8 billion annually primarily to support close to 630,000 low-income households in existing social housing, including $161 million to support the housing needs of Aboriginal peoples living off-reserve.
  • The Government continues to spend $261 million annually to support on-reserve housing needs, including the needs of families with children. In Budget 2005, the Government committed a further $ 295 million over five years to on-reserve housing.
  • In Budget 2006, the Government announced a one-time investment of $1.4 billion in housing trusts to provinces and territories for affordable housing ($ 800 million), northern housing ($300 million), and housing for Aboriginal people living off-reserve ($300 million).
  • In December 2006, the Government announced $526 million over two years including $270 million for homelessness under the Homelessness Partnering Strategy, of which $29.2 million is for Aboriginal people living on-reserve, and $256 million for housing renovation programs.
  • In 2007, the Government announced a $300 million First Nations Market Housing Fund to give First Nations people living on reserve a better chance to own or rent their own home.
  • The Canadian Centre for Public-Private Partnerships in Housing provides assistance to non-profit and private sector proponents who are developing affordable, innovative, or community-based housing. Assistance ranges from seed funding, training, consultation services, and interest-free proposal development loans. Since it began in 1991, the Partnership Centre has contributed to 43,000 affordable housing units for low-income clients, including families with children.

Moving forward beyond the existing funding supports already noted, the Government recognizes that simply putting more money into existing programs and services is not the solution to address the housing challenges on reserve. Clearly, structural reform and innovation are required in order to transform the housing system on reserve. By dealing with root causes and structural issues, and by implementing strong accountability and governance structures, concrete improvements in outcomes can be achieved.

The Government will be undertaking comprehensive reviews of the 1996 On-Reserve Housing Policy, in consultation with First Nation communities, technical experts, and First Nations organizations across the country. The goal of that review is to develop new, innovative, and community-based approaches to on-reserve housing that will bring about significant improvements in housing outcomes.

Taken together, support for market-based housing and the review of the 1996 Housing Policy will result in the implementation of a sustainable on-reserve housing strategy. This strategy will be characterized by increased individual responsibility for and ownership of housing, social housing for those families requiring assistance, shelter allowances that permit effective rental regimes, encouraging business and skills development opportunities in the housing sector and alternative approaches to finance housing related infrastructure.

Support for families with children with disabilities

Policies concerning persons with disabilities fall under federal, provincial and territorial jurisdictions. By working together and in collaboration with the non-profit and the private sectors, the goal of full participation of persons with disabilities in all dimensions of Canadian society can be achieved.

Through initiatives and tax policies, the federal government aims to reduce the barriers that persons with disabilities face at various stages of life. For instance, the Child Disability Benefit provides monthly financial assistance for qualified low- to moderate-income families caring for children with severe and prolonged mental or physical impairments, and the Medical Expenses Tax Credit (METC) is available to caregivers to cover some of the costs of medical- and disability-related expenses for dependents. The federal government also provides support for children with disabilities through the Social Development Partnerships Program. 

In addition, financial assistance is offered under the Residential Rehabilitation Assistance Program for Persons with Disabilities (RRAP-D) to homeowners and landlords. RRAP-D supports accessibility work to modify dwellings occupied by, or intended to be occupied by, low-income people with disabilities, including families with children. In recognition of the additional expenses faced by families with a disabled child, the Federal Disability Tax Credit is deducted from a household's income for applications to RRAP-D and other renovation programs.

In 2006, the federal government announced a package of initiatives to improve knowledge and research on Autism Spectrum Disorder, to enhance the evidence base on this condition and to help affected children and their families.  These initiatives will contribute to Canada's capacity to share information on this important issue, and to provide effective, evidence-based treatments and early intervention. Similarly, Canada's Fetal Alcohol Spectrum Disorder initiative helps prevent alcohol-affected births and provides Canadians with identification, screening, and diagnostic tools.

The Government of Canada recognizes that an important consideration for parents and grandparents of a child with a severe disability is how best to ensure the child's financial security when they are no longer able to provide support. Budget 2007 proposed a new Registered Disability Savings Plan (RSDP) with a Canada Disability Savings Grant program and Canada Disability Savings Bond program. An individual eligible for the disability tax credit, their parent or other legal representative, may establish an RDSP.  The Government of Canada is working with financial institutions to put the necessary administrative mechanisms in place to allow financial institutions to begin offering RDSPs to Canadians in 2008.

The Government of Canada is determined to improve the well-being of children with disabilities and to protect and promote the rights of persons with disabilities, a commitment demonstrated by Canada's active participation in the negotiation of the United Nations Convention on the Rights of Persons with Disabilities and by its signing of the Convention on March 30, 2007.

Adoption

Adoption provides a family to a child who would not otherwise enjoy adequate parental support. Although adoption falls within the jurisdiction of the provinces and territories, the Government of Canada plays an important role in this area, in particular with respect to Aboriginal children who find themselves without a family.

The delivery of adoption services on reserve has recently been enhanced through new authorities, which enable Indian and Northern Affairs Canada to offer services comparable to those provided by the provinces and territories. Positive, permanent placements should result from a better range of options for adoptive families living on reserve including kinship care (care provided by extended family members), post-adoption subsidies (monthly payments to the adoptive parents), and supports (including counselling services and special needs support for children with disabilities).

Since 2005, parents who adopt a child can claim a tax credit of up to $10,000. This tax credit recognizes the contribution that adoptive parents make to the welfare of children, and gives adoptive parents tax relief for "exceptional costs" which are unique to adoption, including adoption agency, legal fees, and travel costs.

Through Human Resources and Social Development Canada's Intercountry Adoption Services, the Government interacts with foreign Central Authorities, as required, and facilitates communication among federal, provincial, and territorial adoption officials by, among other things, hosting meetings to share information and to address issues concerning national and intercountry adoptions, such as child trafficking for the purposes of adoption. Canada is a party to the Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption and participates in international conferences related to the Convention.

The Government has also taken action to address a citizenship-granting inconsistency between children adopted abroad by Canadian citizens and children born abroad to Canadian parents. Regulatory amendments will mean that children adopted abroad by Canadian-citizen parents, after February 14, 1977, may be granted citizenship without first having to apply and qualify as permanent residents under the Immigration and Refugee Protection Act. Bill C-14 received royal assent on June 22, 2007, and will come into force by the end of the year.


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Identity

The Government recognizes the importance of a child having access to information about his or her parents. The issue of sperm donor identity and access to a donor's medical history was raised and carefully considered when the Assisted Human Reproduction Act was passed. In coming to the conclusion not to provide for the release of identifying information without a donor's written consent, the child's right to know their biological history and the donor's right to privacy were both considered. The importance of the child's right is evidenced by ensuring the provision of important medical and social information concerning the donor.

Child protection

Each provincial and territorial jurisdiction has its own legislation governing child welfare. These laws stipulate the age at which it is appropriate for a child to leave care, and provides for extensions to the usual age cut-off in circumstances where this will better facilitate a young person's transition to independence. The Government of Canada collaborates with provinces and territories in ongoing efforts to improve child welfare services, policies, and practices by facilitating regular federal-provincial-territorial meetings and sharing information with respect to national research and data collection initiatives.

Child labour

Provincial, territorial, and federal governments all have laws that apply to child employment, although the provincial and territorial governments have exclusive authority with respect to education, compulsory school attendance, and the employment of children within their jurisdiction. Laws concerning child labour cover, for example, employment standards, occupational health and safety, education, and vocational training. In general, the approach in each jurisdiction is to permit children to have access to age-appropriate jobs and work experience, provided all applicable laws are obeyed.

Parenting skills

"Nobody's Perfect" is a parenting education and support program, coordinated nationally by the Public Health Agency of Canada, to help parents to recognize their strengths, and to implement positive parenting principles. It includes the "Feelings" booklet, developed in collaboration with Justice Canada, which focuses on the development of a healthy parent-child relationship and serves as a guide for parents on various ways to cope positively with their children's and their own emotional responses. Health Canada, in partnership with Justice Canada, also developed the parenting tip sheet "What's Wrong With Spanking", which provides information on effective forms of non-physical discipline of children.

In 2004, the Supreme Court of Canada found that section 43 of the Criminal Code of Canada, which allows a parent, teacher, or person acting in place of a parent to use reasonable force to correct a child, is consistent with the Canadian Charter of Rights and Freedoms and with Canada's obligations under the Convention.  

Health

Provinces and territories have primary responsibility for the administration and delivery of health and social services to their residents.  Federal transfers for health under the Canada Health Transfer are conditional to provinces and territories complying with the requirements of the Canada Health Act.  Within the parameters set by the Act, provinces and territories have full latitude to manage and prioritize the federal funding available.

To reduce health disparities and promote public health, the Government has developed programs including the Aboriginal Head Start in Urban and Northern Communities, the Canada Prenatal Nutrition Program, and the Community Action Program for Children, for at-risk children and families. These community-based, early intervention programs are funded through the Public Health Agency of Canada. They provide support to community-based groups to deliver comprehensive, culturally-appropriate prevention and early intervention programs to at-risk children, from newborns to age six, and their families, including First Nations, Inuit, and Métis families. The programs place a strong emphasis on partnerships and community capacity-building, and represent important upstream investments in the health and social development of Canada's vulnerable children.

In March 2007, the Minister of Health appointed Dr. Khristinn Kellie Leitch as his Advisor on Healthy Children and Youth. This is an important step forward as this government works to address child health issues nationwide.

Education

Provincial and territorial governments have authority over issues related to education. Education laws, policies, and practices in Canada reflect an "inclusive" educational approach, although it is recognized that, in some instances, education should be adapted to meet the needs of the student, in the most inclusive setting possible. The curriculum across the country includes instruction aimed at combating stereotypes and discrimination, and fostering respect and equality.

Through settlement programs and information funded by Citizenship and Immigration Canada, newcomers to Canada receive information about family life and parenting in the Canadian context. Settlement services for newcomers are delivered by hundreds of organizations across Canada many of which use curriculum / orientation materials on these topics. Two Government publications for newcomers have relevant sections on family life and parenting in Canada:

  • "A Newcomer's Introduction to Canada"
    cic.gc.ca/english/resources/publications/guide/section-08.asp

  • "Welcome to Canada"
    cic.gc.ca/english/resources/publications/welcome/wel-14e.asp

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Part 3 - Combating Exploitation and Violence against Children

The Standing Senate Committee's Report included five recommendations relating to this theme: Recommendations 2, 3, 4, 5, and 6. 

There is no doubt that keeping children safe and protecting them from violence is a parent's priority, and a priority for the Government. As society changes so do the types of situations which can potentially exploit or hurt children. Bullying, for example, no longer only takes place on the path home from school but also on the Internet, and via cell phones and text messages. The Internet facilitates the spread of pornography, and, in a world where travel is fast and accessible, children may be more easily trafficked to work as servants or in the sex trade far away from their home country. Sadly, crimes of violence within a family continue to be a reality for some children in Canada.

Clearly, crime prevention and detection strategies must also evolve to protect society, and its children. With education and awareness now recognized as  important weapons in the fight against crime, the Government is working with the provincial and territorial governments and with national and local organizations on awareness and skills-building programs, and is supporting community-based crime prevention strategies.

Bullying

The Public Health Agency of Canada's Centre of Excellence for Youth Engagement works to combat bullying and improve prevention programs at the local level. The Centre partnered with the Canadian Public Health Association to conduct a study on bullying, and developed an assessment toolkit to improve school anti-bullying programs.

The Agency's Aboriginal Head Start in Urban and Northern Communities program reinforces positive behaviours through its cultural programming. A 2006 evaluation found that children who had participated in the program showed more empathy and caring, with more positive interactions and improved conflict resolution skills. In addition, the Department of Canadian Heritage's Urban Multipurpose Aboriginal Youth Centres Initiative aims to improve the economic, social, and personal prospects of urban Aboriginal youth by addressing bullying and encouraging community involvement. Indian and Northern Affairs Canada also supports First Nations in pursuing their own projects aimed at bullying. For example, the Nisichawayasihk Cree Nation in Manitoba led workshops with parents and community groups on bullying. 

Sexual exploitation of children

The Government of Canada has made the protection of children against all forms of sexual exploitation, including commercial sexual exploitation, a priority. Toward this end, the Government takes a multi-disciplinary and multi-sectoral approach that focuses on criminal law, the development of tools and other strategies for law enforcement, and support for non-governmental organizational and community efforts to combat the sexual exploitation of children.

The Criminal Code provides comprehensive protection against all forms of child sexual abuse and exploitation. Specifically, Canada's criminal laws prohibit all forms of sexual touching or other sexually exploitative behaviour involving young people; the offering of or procurement of anyone under the age of 18 years for the purpose of prostitution; using the Internet for the purpose of "luring" or facilitating the commission of sexual or abduction offences against children; and all forms of child pornography, be it in visual, written, or audio format.

Former Bill C-22, An Act to amend the Criminal Code (age of protection) proposed raising the age of protection, or age of consent, in Canada from 14 to 16 years of age to better protect youth from adult sexual predators. This Bill was supported by all parties and the Government will be seeking continued support for these reforms in the new Session of Parliament. 

The Government recognizes, however, that combating child sexual exploitation requires both stronger laws and focused law enforcement.

The National Strategy for the Protection of Children from Sexual Exploitation on the Internet was launched in 2004. The strategy, led by Public Safety Canada, includes three broad objectives with defined and measurable goals for which funding was provided ( $ 42.1 million over five years):

  • The Royal Canadian Mounted Police's National Child Exploitation Coordination Centre received funding to enhance law enforcement and training capacity to combat child sexual exploitation on the Internet and provide leadership within the Canadian policing community ($ 34.34 million over five years);
  • Public Safety Canada signed an agreement with Cybertip.ca to: become the national reporting tipline where the public can report suspected cases of child sexual abuse on the Internet; and, offer safety tips for children using the Internet ($ 3.5 million over five years);

Industry Canada received funding to provide public education on child sexual exploitation to individuals and groups, including students, parents and teachers, and build stronger partnerships among governments, industry and other stakeholders ($ 3 million over five years).

Cybertip.ca , operated by the Canadian Centre for Child Protection with the support of the Government, is a centralized web portal for receiving and triaging reports from the public on suspected cases of child sexual exploitation and abuse. Cybertip.ca, through their program Kids in the Know, engages, empowers, and educates children with interactive safety education programs for increasing their personal safety and reducing their risk of sexual exploitation. Material for parents and educators is also accessible on the web site (www.kidsintheknow.ca)

Budget 2007 allocated an additional $6 million to strengthen existing federal initiatives to combat the child sexual exploitation and the trafficking of children.

Public Safety Canada, through its National Crime Prevention Strategy, has supported prevention of child sexual exploitation through a range of initiatives including:

  • direct outreach teams dedicated to reducing the number of children and youth involved in sex trade work, and
  • action research to gain critical knowledge about boys involved in the sex trade.

Through Health Canada and the Public Health Agency of Canada, the Government is also working to address social determinants of health. Poverty, poor nutrition, alcohol/substance abuse, and family violence can all contribute to making young people more vulnerable to sexual exploitation. The Women's Program, Status of Women Canada, provides funding to address sexual exploitation in Canada, with a particular focus on Aboriginal, immigrant and visible minority women, and young girls. 

The Government's commitment to combating child sexual exploitation extends beyond Canada's borders. The Canadian International Development Agency supports a broad range of initiatives specifically targeted at preventing the commercial sexual exploitation of children, to assist victims, and to promote and protect human rights, particularly those of women and children. The Government has also developed an online publication entitled Child Sex Tourism- It's a Crime, whichputs Canadians on notice that they can be prosecuted in Canada for sexual offences committed against children in foreign countries. voyage.gc.ca/main/pubs/child_endure-en.asp


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Family violence

The Public Health Agency of Canada leads the federal Family Violence Initiative, connecting 15 departments and agencies. The Initiative promotes public awareness of the risk factors of family violence, including child maltreatment, and the need for public involvement in responding to it; strengthens the criminal justice, housing and health systems' capacity to respond; and supports data collection, research and evaluation efforts to identify effective interventions.  The Agency operates the National Clearinghouse on Family Violence, a Canadian resource centre for information on violence occurring within relationships of kinship, intimacy, dependency, or trust.

Under the Shelter Enhancement Program, the Canada Mortgage and Housing Corporation assists in repairing, rehabilitating, and improving existing shelters for women and children, and youth who are victims of family violence. The Program also assists with the acquisition and construction of new shelters and second stage housing where needed.

Indian and Northern Affairs Canada also has a Family Violence Prevention Program which provides approximately $18.5 million annually towards the operation of a network of 35 emergency women's shelters and to family violence prevention projects on-reserve such as workshops, seminars and conferences.

The Correctional Service of Canada has a National Family Violence Prevention Strategy, which offers programs to address the issue of family violence with federal offenders in federal correctional institutions.

The Canadian Incidence Study of Reported Child Abuse and Neglect is a national surveillance program led by the Public Health Agency of Canada. Every five years, there is a national study of the incidence of child abuse and neglect reported to child welfare services across Canada. The data and reports increase awareness of the types and severity of child abuse and neglect, and provide evidence-based research to ground the development of policies and programs aimed at preventing child maltreatment. (www.phac-aspc.gc.ca/cm-vee/index.htm)

Justice Canada recently launched a web site designed for pre-teens, aged 10 to 12, and early teens, aged 13 to 15, who are experiencing family violence or know someone who is. Familyviolencehurts.gc.ca uses colourful graphics and simple language to give young people information on the law, the types of abuse or violence that can occur in families, how to seek help, and what young people can expect when they seek help. Postcards promoting the site have been distributed. 

United Nations Study on Violence Against Children

Canada values the intersectoral, international work underway through the collaboration of the United Nations Office of the High Commissioner on Human Rights, the World Health Organization, and UNICEF. Strategies to prevent violence against children are most effective when sectors collaborate to address the underlying issues that affect children and their families. With this in mind, the Government maintains its interest in follow up to the Study's recommendations and has provided the United Nations Study on Violence Against Children to provincial and territorial partners who are working on family violence prevention and human rights.

Children in situations of armed conflict

Canada ratified the Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict on February 12, 2000. Article 1 says, "States Parties shall take all feasible measures to ensure that members of their armed forces who have not attained the age of 18 years do not take a direct part in hostilities."

Canada allows 16 and 17-year-olds to join the Canadian Forces. Age enrollment requirements are codified in Regulations made pursuant to the National Defence Act, Queen's Regulations and Orders for the Canadian Forces, Chapter 6, admfincs.forces.gc.ca/qr_o/vol1/ch006_e.asp#6.01. The consent of a parent or guardian is necessary before a recruit under the age of 18 may be enrolled as a non-commissioned member or officer. The Government has provided an explanatory statement to the United Nations describing the conditions under which 16 and 17-year-olds are allowed to enroll in the Reserves, attend military college, or join the Canadian Forces.

The Government of Canada has an open and transparent recruitment policy, recruiting.dnd.ca/v3/engraph/home/home.aspx and does not intend to bar young people under 18 from joining the Reserves or the Canadian Forces. On the contrary, it recognizes the value of providing educational and employment options for Canada's youth, who are the age group with the highest rates of unemployment in Canada (Statistics Canada June 2007 Labor Force Survey). This experience can lead to positive career opportunities at the Royal Military College of Canada or the Canadian Forces Primary Reserve.

The Department of National Defence tracks the involvement of those under 18 in the Canadian Forces. As of July 5, 2007, the Canadian Forces had 139 sixteen and seventeen-years-old-members within its regular forces, and 2,194 sixteen and seventeen-year-old-reservists. These young people have not taken part in hostilities.


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Part 4 - Protecting Vulnerable Children

The Standing Senate Committee's Report included five recommendations relating to this theme: Recommendations 8, 12, 16, 17, and 18. 

Children are vulnerable for many reasons - their age, their dependence, their physical and mental immaturity, their lack of experience. Some children are even more vulnerable because of their minority status, the experiences they have lived, or the circumstances in which they find themselves. Actions to protect the most vulnerable in Canada's society are essential to their individual well-being and benefit society as a whole.

Aboriginal children

Aboriginal children, living on or off reserve, face many challenges. Government programs are designed to be culturally appropriate and to improve Aboriginal children's immediate situation and their long-term opportunities.

There is a significant gap in housing conditions between Aboriginal and non-Aboriginal Canadians. To help address housing needs, the Government continues to make strategic investments in housing on and off-reserve, as noted in the earlier section on housing.

Through Health Canada, the Government funds several programs to provide in-home supports for children. Budget 2005 allocated $ 110 million over five years to the Maternal Child Health Program to develop maternal child health services for First Nations living on reserve. Additionally, the Public Health Agency of Canada, provides $ 40 million in funding annually, until 2010, to extend the reach of Aboriginal Head Start in Urban and Northern Communities to off-reserve First Nations, Inuit, and Métis children and their families.

The National Aboriginal Youth Suicide Prevention Strategy began in 2006. The Assembly of First Nations, Inuit Tapirit Kanatami, and the First Nations and Inuit Health Branch, Health Canada, are working together to implement this Strategy, which provides funds to communities to design and deliver locally-based suicide prevention programs.

White Stone is another national suicide prevention program run through the Royal Canadian Mounted Police that trains Aboriginal youth to be a resource for youth in their community. The program has two components: (1) teaching young adults and community care givers about suicide prevention, and identifying those at risk and; (2) giving them the knowledge and skills to talk to youth and others about suicide related issues, including presenting suicide prevention education sessions to youth in their home community.

While some programs focus on First Nations and Inuit, the Office of the Federal Interlocutor for Métis and Non-Status Indians works to find practical ways to improve the socio-economic condition of these other Aboriginal peoples. This includes advocating for greater recognition of the needs of off-reserve Aboriginal people among appropriate federal departments, and developing partnerships with provincial and territorial governments, Aboriginal organizations, and others.

Indian and Northern Affairs Canada is working in partnership with provinces and First Nations to improve First Nations Child and Family Services on reserve using a successful provincially-enhanced prevention model.  Beginning in 2007-2008, a prevention-focused approach to child and family services on reserve will help to prevent First Nations children from coming into care unnecessarily. On April 27th, 2007, the Government of Canada announced additional investments for a prevention-focused approach for Alberta First Nations on reserve. 

The Aboriginal Justice Strategy, a Department of Justice program, funds communities to develop their own mediation services for youth and families at risk of becoming involved in the mainstream justice and/or child welfare system.

Recognizing the importance of cultural connections, the Government, through the Department of Canadian Heritage, funds the Aboriginal Languages Initiative, which supports Aboriginal community organizations efforts to preserve and promote First Nations, Inuit, and Métis languages. Some projects deal specifically with the intergenerational transmission of Aboriginal languages to children.

In addition, the Government believes that First Nation schools in Canada benefit greatly from having qualified Aboriginal teachers in their classrooms. To that end, Indian and Northern Affairs Canada currently invest $ 5 million per year to recruit and retain qualified Aboriginal teachers to work in Band schools.

Health Canada has recently released, for the first time, a complementary version of "Eating Well with Canada's Food Guide", that reflects the values, traditions and food choices of Aboriginal Peoples. This tailored guide recognizes the importance of both traditional and store-bought foods for First Nations, Inuit, and Métis.

The Government shares the view of the Standing Senate Committee that section 67 of the Canadian Human Rights Act should be repealed in order to increase access to protection under the Act.  At present, according to section 67 of the Canadian Human Rights Act, the Act's human rights mechanisms do not apply to "any provision of the Indian Act or any provision made under or pursuant to that Act". Bill C-44, An Act to amend the Canadian Human Rights Act which was introduced on December 13, 2006 proposed to repeal section 67 of the Canadian Human Rights Act.  Bill C-44 was before the Standing Committee on Aboriginal Affairs and Northern Development when Parliament was prorogued on September 14, 2007. Access to and the protection of human rights is of paramount importance and should apply to all Canadians, regardless of whether or not they live on reserves. To that end, the Government remains committed to the repeal of section 67 of the Canadian Human Rights Act.

The Government continues to look for ways to involve Aboriginal leadership in the development and review of policies that have an impact on First Nations and Inuit children and youth. For example, Indian and Northern Affairs Canada has a First Nations Child and Family Services Advisory Committee which brings together First Nations leaders and provincial and territorial government officials to promote cooperative endeavours.

Children in conflict with the law

The Department of Justice recently released a consultation paper on the pre-trial detention of youth under the Youth Criminal Justice Act. The consultation paper is part of a comprehensive review of pre-trial practices and provisions that apply to youth facing criminal charges. One consultation question is: "Should the Youth Criminal Justice Act, in accordance with the United Nations Convention on the Rights of the Child, prohibit placing young persons and adults in the same facilities for purposes of pre-trial detention?" Although the Act says that young people in custody should be held separate and apart from an adult in custody, the rule is not absolute. On rare occasions, for reasons of safety or geography, young people may be held with adults. The Government looks forward to receiving replies from the consultation, and plans to broaden the scope of the review to include the detention of young people after conviction, recognizing that the administration of justice, including detention issues, is a matter of provincial / territorial jurisdiction.

As the Youth Criminal Justice Act has been in effect for almost five years, the Government is planning to review key elements of the Act, including an analysis of how alternative measures are being used. 

The Government will continue to work collaboratively with the provincial and territorial governments, through the Coordinating Committee of Senior Officials (Youth Justice), to identify improvements to make to the youth criminal justice system.

The Government also supports a variety of strategies aimed at preventing children and families at risk from coming into conflict with the law.  For instance, with the belief that good health reduces vulnerability, the Community Action Program for Children and the Canada Prenatal

Nutrition Program, funded through the Public Health Agency of Canada, provide funding to community-based groups to deliver comprehensive, culturally-appropriate prevention and early intervention programs to serve the needs of at-risk children, from newborns to age six, and their families.

The Department of Public Safety, through its National Crime Prevention Centre, funds initiatives that seek to identify and support children and youth who are at risk of coming into conflict with the law. For example, initiatives have focused on children under 12 years of age who are engaging in unlawful behaviour, children and youth at risk of joining a gang, youth at risk of recidivism, and youth involved in drug-related crimes. The Centre's initiatives bring representatives of the law enforcement, education, child protection, and health systems together to develop coordinated, evidence-based responses. The Centre has also contributed to the development and testing of internationally-recognized assessment tools, and has disseminated information about children and youth at risk of coming into conflict with the law.

Children with a parent who is incarcerated

Research has documented that children who have a parent who is incarcerated have a greater risk for depression, aggressive behaviour, withdrawal, and criminal involvement. The National Crime Prevention Strategy is involved in initiatives with children, who have an incarcerated parent, to try to prevent a family cycle of criminal behaviour.


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Child witnesses in court

The Canada Evidence Act has been amended to recognize the capacity of child witnesses, under the age of 14, to testify. These changes have greatly reduced the trauma for child witnesses, who, previously, before being permitted to testify, had to undergo a mandatory two-part inquiry into their competency and their understanding of an oath or affirmation. Now children under 14 are presumed competent to testify and provide their testimony on a promise to tell the truth.

Amendments to the Criminal Code have made testimonial aids available to young victims and witnesses under the age of 18, in any proceeding, on request. They do not have to prove that the assistance is necessary. Testimonial aids include having a support person present while the child testifies; allowing a child to testify behind a screen or outside the courtroom by closed-circuit television, so that the accused is not visible; appointing counsel to conduct the cross-examination of a child when the accused is unrepresented; excluding some or all members of the public from part or all of the courtroom proceedings; and ordering a publication ban to prevent the publication of any information that can identify a child witness. Previously, these aids were only available when their need could be demonstrated in sexual or other violent offences proceedings. These testimonial aids make it easier for child victims and witnesses to give evidence in court.

Migrant children

In the Canadian context, migrant children are understood to be non-nationals living in Canada or coming to Canada. In most cases, they are on a continuum that leads to citizenship. They may be part of a skilled worker application or sponsored family, or they may be refugees or asylum seekers. They are most likely to be with their parents or other family members but they may also arrive in Canada unaccompanied or separated. In some cases, child migrants may be victims of human trafficking.  Both the Canada Border Services Agency and Citizenship and Immigration Canada have programs and policies in place to assist and protect vulnerable migrant children within their respective mandates.

The following section provides an overview of some situations raised by the Committee and the ways in which the Government protects and assists migrant children. Policy and program responses are necessarily dependent on the actual circumstances and migration status of the child, but Citizenship and Immigration Canada and Canada Border Services Agency are guided by the Immigration and Refugee Protection Act (IRPA), which recognizes that the best interests of the child are a primary consideration.

Overseas visa offices receive resources to match government targets and objectives. Within this context, reuniting families as quickly as possible is a priority for the Government of Canada and a key part of the mandate of Citizenship and Immigration Canada. In overseas family reunification, Citizenship and Immigration Canada works to fulfill its commitment to process most of these cases within 6 months.  In the case of overseas refugee children, concurrent processing of refugee family members who are residing in different locations is facilitated.  In the case of resettlement of eligible separated minors from overseas, a Guardianship Protocol adopted in 2006 provides visa and settlement officers with instructions on how to facilitate the resettlement of children, for whom there is no adult available, capable and willing to care for them either abroad or in Canada.

A cornerstone of Canada's immigration program is that individuals who want to immigrate to Canada must apply for permanent residence from outside the country. However, as part of the Spouse or Common-law Partner in Canada class, children can also be sponsored from inside Canada as accompanying dependents. Finally, Humanitarian and Compassionate consideration (H&C) is always available for migrant children who may have special circumstances which should be taken into consideration in the assessment of their application. In 2005, enhanced guidelines were developed to assist immigration officers making such an assessment including considering the child's emotional, social, cultural, and physical welfare.

When unaccompanied, separated or otherwise possibly vulnerable children arrive at a port of entry, or if they are encountered anywhere within Canada, border service officials are trained to pay extra attention to all children and to refer a child to the appropriate provincial or territorial child protection agency, when there is a concern that the child may be at risk. Border officials are instructed and trained to be aware of factors such as age, gender, cultural background, and the child's general circumstances and to take into consideration the principle of the best interests of the child. A child may only be detained as a measure of last resort, and a school-aged child in detention must be provided with educational and recreational opportunities as well as counselling after having been detained for seven days.  This policy was implemented with Canada's obligations under the Convention in mind.  

In cases where an adult who is being removed has dependent children, these children are returned to their countries of origin or nationality with their parents, in keeping with the principle of family reunification.  Returning an unaccompanied child to his or her country of origin, or nationality, however, is a complex process and is based on the requirements ofthe Immigration and Refugee Protection Act, the Canadian Charter of Rights and Freedoms and the UN Convention on the Rights of the Child.  The Canada Border Services Agency works closely with Canadian child welfare agencies to safeguard the best interests of the child and to identify a family member who will be a suitable guardian for the child in the country of origin. Return only takes place once a suitable reception is arranged for the child in the foreign country. In some circumstances a Canadian child welfare agency may be asked to escort the child safely to this reception.

Sexual minority youth

The Centre of Excellence for Youth Engagement carries out research projects to develop and deliver peer-to-peer support programs and assist in the development of peer education regarding sexual and reproductive health. Literature reviews are conducted which examine the climate of hate, such as stereotypes, myths, negative attitudes, and how these impact the health of sexual minority youth. Conferences and workshops present valuable opportunities to understand diversity and inform the policy and program development process.

Information is also collected on sexual minority youth who are over the age of 18 from a number of different sources. One current data source is the Canadian Community Health Survey (CCHS), which is a cross-sectional, biennial survey conducted by Statistics Canada. The Survey collects information related to health status, health care utilization, and health determinants for the Canadian population. Data are based on interviews with more than 130,000 respondents aged 12 years and older, residing in households in all provinces and territories. Beginning in 2003, the CCHS began gathering information on sexual orientation for individuals 18 years of age and older in order to improve the understanding of health issues specific to homosexual and bisexual Canadians, including determinants of health such as physical activity, life stress, and access to health care. In addition to information on sexual orientation, the CCHS also collects other socio-demographic information, such as country of origin, ethnicity, race, and Aboriginal status.

Another data source for information on sexual minority youth is the General Social Survey (GSS). This annual Statistics Canada survey of individuals aged 15 years or older monitors changes in Canadian society and provides information on specific policy issues or current or emerging interest. In 2004, the GSS collected information on the sexual orientation of those aged 18 and older and asked respondents whether they had experienced discrimination due to their sexual orientation and whether they had been the victim of a hate crime based on sexual orientation.

The Way Forward

The Government appreciates the care and concern that the Standing Senate Committee on Human Rights has shown for children in its Report. It has provided guidance on the way forward, and has encouraged a continued commitment to collaborative efforts to meet Canada's obligations under the Convention.

The very process of answering the Committee's Report required extensive discussions and collaboration throughout the federal government, ensuring that policies and programs were again considered through the lens of the best interests of the child principle and the United Nations Convention on the Rights of the Child. There is no doubt that children are the ultimate beneficiaries of this work.

The Government acknowledges that meeting the needs of children is an on-going process, requiring commitment and diligence. The Government will not waver from its goal of making Canada a better place for children and their families. 

Notes:

[1] While the Government of Québec supports the general principles of the ECD Agreement and the Multilateral Framework on Early Learning and Child Care, it did not participate in developing these initiatives because it intends to preserve its sole responsibility on social matters. However, Québec receives its share of federal funding and the Government of Québec is making major investments towards programs and services for families and children.

[2] The Government of Québec chose not to participate in the NCB because it wanted to assume control over income support for children in Québec but the Government of Québec has stated that it agrees with the basic principles of the NCB and has adopted a similar approach to the NCB.

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