You are here:
WorldLII >>
Databases >>
United Nations Committee on the Rights of the Child - States Parties Reports >>
2003 >>
[2003] UNCRCSPR 3
Database Search
| Name Search
| Recent Documents
| Noteup
| LawCite
| Download
| Help
Canada - Second periodic reports of States parties due in 1999: Addendum [2003] UNCRCSPR 3; CRC/C/83/Add.6 (12 March 2003)
UNITED NATIONS
|
|
CRC
|
|
Convention on the Rights of the Child
|
Distr. GENERAL
CRC/C/83/Add.6 12 March
2003
Original: ENGLISH and FRENCH
|
COMMITTEE ON THE RIGHTS OF THE
CHILD
CONSIDERATION OF REPORTS SUBMITTED BY STATES
PARTIES
UNDER ARTICLE 44 OF THE CONVENTION
Second
periodic reports of States parties due in 1999
CANADA*
**
[3 May 2001]
* For the initial
report submitted by the Government of Canada, see CRC/C/11/Add.3, for its
consideration by the Committee, see
documents CRC/C/SR.214217 and
CRC/C/15/Add.37.
** This document has been submitted as received without
formal editing.
GE.03-40644 (E) 030403
CONTENTS
Paragraphs Page
Introduction 1 -
6 3
PART I: MEASURES ADOPTED BY THE GOVERNMENT
OF
CANADA 7 - 591 4
PART II: MEASURES ADOPTED BY THE GOVERNMENTS
OF THE PROVINCES 592 - 1487 105
BRITISH COLUMBIA 592 -
693 105
ALBERTA 694 - 822 120
SASKATCHEWAN 823 -
894 138
MANITOBA 895 - 942 150
ONTARIO 943 -
1025 159
QUÉBEC 1026 - 1153 172
NEW BRUNSWICK 1154
- 1294 196
NOVA SCOTIA 1295 - 1369 224
PRINCE EDWARD ISLAND
1370 - 1400 236
NEWFOUNDLAND 1401 - 1487 242
PART
III: MEASURES ADOPTED BY THE GOVERNMENTS
OF THE TERRITORIES 1488 -
1640 260
YUKON 1488 - 1550 260
NORTHWEST TERRITORIES 1551
- 1640 268
Introduction
- Canada
ratified the Convention on the Rights of the Child on December 13, 1991.
This document constitutes the second report submitted by Canada under the terms
of the Convention on the Rights of the Child. The document covers, in
the main, the period of January 1993 to December 1997. Occasional exceptions to
the review period do occur
and are identified.
- Canada
is a federal state comprised of ten provinces (Alberta, British Columbia,
Manitoba, New Brunswick, Newfoundland, Nova Scotia,
Ontario, Prince Edward
Island, Québec and Saskatchewan) and two
territories[1] (Northwest
Territories and Yukon). While the ratification of international treaties is the
prerogative of the Government of Canada,
implementation of the treaties requires
the active participation of the governments which have jurisdiction over the
subject matters
covered. In Canada, the responsibility for areas covered by the
Convention on the Rights of the Child is shared by the Government of
Canada, the provincial governments and, following a delegation of authority by
the Parliament of Canada,
the territorial governments.
- The
present report contains information on measures adopted by the Government of
Canada and the provincial and territorial governments
within the stated
period.
- Throughout
the report, references to Aboriginal children include children with Indian
status under the Indian Act, non-status Indian children, and Métis
and Inuit children. The phrase “Aboriginal children” is used rather
than
“indigenous children”, because the Constitution of Canada
refers to the Aboriginal peoples of Canada.
- Federal,
provincial and territorial ministers responsible for human rights, and their
officials, maintain ongoing liaison and information
exchanges with respect to
the implementation of international human rights instruments, including the
Convention, through a mechanism
known as the (federal-provincial-territorial)
Continuing Committee of Officials on Human Rights.
- As
with other human rights instruments, the Continuing Committee will keep
provincial and territorial governments apprised of any
comments that the
Committee on the Rights of the Child may make on the scope of the rights
guaranteed by the present Convention.
PART I: MEASURES ADOPTED BY THE GOVERNMENT OF
CANADA
I. GENERAL MEASURES OF IMPLEMENTATION
A. Implementation by States - Article 4
- The
Convention on the Rights of the Child plays an important role in the
development and implementation of children’s rights in Canada. From 1993
to 1997, the Government
of Canada introduced numerous measures to enhance the
well-being of children. During this time, the Convention influenced Government
of Canada policy strategies, action plans, and initiatives. It affected
judicial decisions concerning the Canadian Charter of Rights and
Freedoms, relevant legislation and the common law. The Convention has been
specifically considered in legislative developments in the areas
of child
prostitution, child sex tourism, criminal harassment and female genital
mutilation, as well as in the ongoing renewal of
youth justice.
- In
the early and mid-1990s, Canada’s public finances were threatened by
budget deficits and a high national debt. This situation
represented a risk to
social programs and the quality of life of Canadians. The Government of Canada
has undertaken measures to
restore Canada’s fiscal security by reviewing
public expenditures and establishing targets for the reduction of budget
deficits.
Through the efforts of all Canadians, the Government of Canada has
achieved its deficit reduction targets, and is now able to consider
and
implement re-investments of public expenditures in areas of concern for
Canadians. In this way, the decisions made by the government
after 1997 follow
the policies pursued during the 1993 to 1997 period.
- Despite
the difficult fiscal situation described above, the 1993 to 1997 period
witnessed the development of a number of important
initiatives on the part of
the Government of Canada designed to assist children and families. It is
expected that these initiatives
as a whole, including recent measures taken by
the government to consolidate Canada’s strong economic performance, will
contribute
to a sustained and improved quality of life for Canadian children and
families. The present report provides a description of measures
undertaken by
the Government of Canada as well as a portrait of the progress made by Canadian
children from 1993 to 1997. Many important
initiatives relevant to children in
Canada were adopted after 1997 and are not therefore the focus of this report.
Measures in Force
Domestic
- Several
departments and agencies within the federal government share responsibility for
measures related to children and youth. In
1995-96, federal spending on
children was approximately $9.8 billion. Of this, $8.1 billion supported direct
programming and services
for children and $1.6 billion was for indirect
activities. In addition to this $9.8 billion, a significant portion of the
$29.6
billion of federal transfers to provincial and territorial governments in
199596 provided income support, health services and a range
of social services
to children and families.
- The
importance of collaboration, consultation and developing new ways of working
together to achieve an integrated approach to child
and youth issues is
recognized by federal, provincial and territorial governments. At their meeting
in June 1996, Canada’s
first ministers identified investment in children
as a national priority. In January 1997, the National Children’s
Agenda (NCA), a federal-provincial-territorial and multi-sectoral
initiative, was launched to develop a shared vision and common goals to
enhance
the well-being of Canada’s children. In addition to input from
governments, the NCA plans to involve a broad spectrum
of Canadians through
consultation with key stakeholders and representatives of the public.
- As
part of the NCA initiative, the 1997 federal budget announced the Government of
Canada’s contribution to the National Child
Benefit (NCB) system. The NCB
is aimed at improving the well-being of Canadian children living at risk as a
result of economic insecurity
or poverty. The NCB also aims to address the
so-called “welfare wall” problem, where the structure of benefits
are such
that families on social assistance were often better off than families
in which parents worked in low-paying jobs, thus making it
difficult for parents
to join or stay in the workforce. The objectives of the NCB are to help prevent
and reduce child poverty,
to help parents of low-income families participate in
the workforce, and to reduce overlap and duplication through closer
harmonization
of programs and simplified administration. The Government of
Canada’s contribution to the NCB is delivered through a special
supplement
to the Canada Child Tax Benefit (CTB). Established in January 1993, the CTB is
a broad-based federal government initiative
to assist families with children.
The program provides monthly tax-free benefits to low- and middle-income
families on behalf of
each dependent child under 18 years of
age.
- The
first phase of the NCB was implemented in July 1998. In July 1999, the special
supplement to the CTB (also referred to as the
NCB supplement) was again
increased. After the increases scheduled for July 2000, federal government
investment in the CTB will
have risen by approximately 40 percent relative to
1996. These enrichments will result in increased benefits for 1.4 million
low-income
families. A low-income family with two children will receive up
to 48 per cent more assistance in 2000 than in 1996.
- In
1997, the Prime Minister of Canada created the position of Secretary of State
for Children and Youth. The Secretary of State works
with Federal Ministers
such as the Minister of Human Resources Development and the Minister of Health,
on issues affecting the well-being
of children and youth. The current Secretary
of State has identified fetal alcohol syndrome, youth unemployment and youth
homelessness
for priority attention.
- Canada’s
federal, provincial and territorial governments work together to support the
health and well-being of children. In
1996, a Federal-Provincial-Territorial
Council of Ministers on Social Policy Renewal was established to coordinate the
renewal of
Canada’s social programs with support from the Health,
Education, Social Services and Justice sectors. On February 4, 1999,
the
Social Union Framework Agreement was signed by all first ministers, with
the exception of the Premier of Quebec. The Agreement provides a collaborative
framework
to strengthen Canada’s health and social programs to better meet
the needs of Canadians. Among
its agreements, it includes commitments to work in partnership to remove
social policy barriers to mobility within Canada, to strengthen
accountability
to Canadians, and to promote enhanced consultation, cooperation and information
sharing between governments, especially
in relation to major changes to a social
policy or program likely to affect other governments.
- Supported
by research that demonstrates the importance of health and social investments
during the early years of life, the Government
has introduced and enhanced a
number of innovative initiatives to help Canadian children develop to their full
potential. Federal
programs such as the Community Action Program for Children
(CAPC) , the Aboriginal Head Start Program (AHS) and the Canadian Prenatal
Nutrition Program (CPNP) recognize the importance of early childhood
development, parental involvement and education, cross-sectoral
approaches for
children’s well-being, and partnerships with other governments,
non-governmental agencies and communities.
- In
May 1997, Bill C-27 amended the Criminal Code to allow for the Canadian
prosecution of persons who engage in child sex tourism and to facilitate the
apprehension and prosecution
of persons who seek out the services of juveniles
in Canada. The bill also included provision for a mandatory minimum sentence of
five years imprisonment for any person living on the avails of prostitution in
relation to a person under the age of 18 and who uses
violence against the
person under that age and assists that person in carrying on
prostitution-related activities for profit.
- The
Government of Canada has also taken measures to benefit children and young
people of separated parents. The Federal Child Support Guidelines,
introduced in 1997, make child support orders fairer, more predictable and
consistent.
- Investing
in children and youth is a priority of the National Strategy on Community
Safety and Crime Prevention. The strategy supports communities in the
development of innovative, sustainable ways to prevent crime and victimization
and build
a safer society, including the provision of necessary supports and
resources for children and families.
- In
1995, Health Canada created the Childhood and Youth Division as a federal centre
for expertise, leadership and coordination for
issues, activities and programs
concerning children and youth. Replacing the department’s
Children’s Bureau, the Division
delivers programs, supports policy
development and undertakes strategic analysis of future trends. The Division
also helps to provide
policy development and coordination related to the
Convention on the Rights of the Child.
- From
1993-1997, the Government of Canada adopted measures to enhance the wellbeing of
Aboriginal peoples, including Aboriginal children.
The Inherent Right
Policy (1995) recognizes the right of Aboriginal peoples to govern
themselves in key areas of responsibility. In response to the Report
of the
Royal Commission on Aboriginal Peoples (RCAP), Gathering Strength:
Canada’s Aboriginal Action Plan (January 1998) seeks to renew
partnerships, strengthen Aboriginal governance, develop a new fiscal
relationship between Aboriginal
governments and institutions, and support
communities, people and economies.
- Measures
announced as part of Gathering Strength include a Statement of
Reconciliation by Canada, formally acknowledging and regretting historic
injustices; community healing to
address the effects of physical and sexual
abuse in the residential schools system; an Aboriginal languages program; an
on-reserve
Aboriginal Head Start program; resources to increase the number of
adequate housing units on reserve; and additional resources to
address the
inadequacies of water and sewer facilities on reserve. Other initiatives are
described under the appropriate themes
of this report.
- The
National Longitudinal Survey of Children and Youth (NLSCY), initiated in
1994, is a research program of Human Resources Development Canada and Statistics
Canada that will track the health
and well-being of a large sample of Canadian
children over the long-term. It will provide the government with a better
understanding
of the factors that contribute to positive child development and
will be used by governments to develop and evaluate a wide range
of policies and
programs targeted at children and youth.
- In
1993, the federal government established Canada’s SchoolNet, a
collaborative effort to connect all Canadian public schools and public libraries
to the Internet by March 31, 1999. This goal
was achieved, making Canada the
first nation in the world to connect all its schools and libraries. The project
brings together
provincial and territorial governments, universities and
colleges, education associations, the information technology industry and
other
private sector representatives. Canada’s SchoolNet enhances the
access of Canadian children to information promoting their well-being and
development.
International Cooperation
- The
rights of children are a priority within Canada’s foreign policy. Canada
has been a leader in promoting the rights of children
throughout the world and
in ensuring their protection from exploitation and abuse. Canada has effected
change by creating and sustaining
constructive bilateral relationships with
other countries and through cooperative efforts with international agencies such
as UNICEF.
- The
Canadian International Development Agency (CIDA) plays a key role in ensuring
Canada meets its commitments to promote the rights
and improve the lives of
children in developing countries and countries in transition. Advocacy for
girls’ and boys’
rights, meeting basic human needs including those
in the areas of health, nutrition and education, helping to protect children
from
abuse and exploitation, and promoting children’s participation in
decisions affecting their lives are all integral parts of
CIDA’s mandate
for children.
- In
1996-97, CIDA supported 156 projects with a direct or indirect impact on
children in the areas of child and maternal health, immunization,
basic
education, micro nutrient deficiencies, institutional- and capacity-building in
favour of the Convention on the Rights of the Child, and improved
protection for children. Much of CIDA’s humanitarian assistance and food
aid benefits children, and CIDA provides
core funding to multilateral
organizations such as UNICEF and the World Health Organization. CIDA’s
Partnership Branch supports
the work of many partners in non-governmental
organizations who are working in the area of children’s rights. Many
additional
projects for children are also supported through the Canada Funds for
Local Initiatives, Gender Funds and other country-specific
funds.
- Canada’s
long involvement in peacekeeping missions, where it has seen first-hand the
lasting and devastating effects of land
mines on many civilians and children,
led to the decision to spearhead the diplomatic campaign to negotiate an
international ban
on the weapons. In December 1997, Canada hosted the formal
signing of the Convention on the Prohibition of the Use, Stockpiling,
Production and Transfer of Anti-Personnel Mines and on their Destruction,
commonly known as the Ottawa Convention. The Government of Canada has
committed resources over the next 5 years to support the removal of the millions
of mines in the ground
and to provide assistance to victims and nations coping
with their devastating effects.
- In
1995, Canada played a leading role at the Fourth World Conference on Women held
in Beijing in securing many of the major achievements
for women. Canada worked
toward the adoption of a strong Platform For Action (PFA). The girl child was
made one of the critical
areas of concern in the PFA in recognition that
“discrimination and neglect in childhood can initiate a lifelong downward
spiral
of deprivation and exclusion from the mainstream”.
- In
1996, Canada’s Minister of Foreign Affairs appointed a Special Advisor on
Children’s Rights, Senator Landon Pearson,
with a mandate to provide
advice on children’s issues, and liaise with non-governmental
organizations, the academic community,
the private sector and the public. The
Special Advisor also participates actively in national and international
initiatives on children’s
rights and promotes awareness of the
Convention on the Rights of the Child.
- Since
the 1980’s, Canada has been a strong supporter of international
immunization, efforts to contribute to universal immunization
and, in
particular, the eradication of polio and the elimination of measles. From 1993
to 1997, Canada has provided approximately
$14 million per year in financial
support for international immunization efforts.
- Since
1994, Canada has supported the Girl Child Education in Africa Initiative in
subSaharan Africa. Supported by CIDA, UNICEF offices
and Canadian
non-governmental organizations, 15 countries have undertaken projects that will
promote basic education for girls.
These projects emphasize gender sensitivity
training for teachers, development of curricula that are gender sensitive,
working with
communities and families to promote the value of educating their
girls, and increasing the capacity of the education ministries in
participating
countries.
- In
April 1997, the Minister of Foreign Affairs announced the creation of the
Child Labour Challenge Fund, aimed at engaging Canada’s private
sector in contributing to international efforts to eliminate exploitative child
labour.
- As
a follow-up to the 1996 First World Congress Against Commercial Sexual
Exploitation of Children held in Stockholm, Sweden, the
Government of Canada
supported Out From the Shadows - An International Summit of Sexually
Exploited Youth, held in Victoria, British Columbia, in 1998. The
conference was initiated by Senator Landon Pearson, Special Advisor to the
Minister
of Foreign Affairs on Children’s Rights, and Ms. Cherry Kingsley,
a child advocate and former victim of sexual
exploitation.
- In
developing countries and countries in transition, CIDA supports initiatives to
increase the awareness of children’s rights,
including national
obligations under the Convention on the Rights of the Child, strengthen
legislative frameworks for the protection of children’s rights,
and build the capacity of key institutions in the
public and private
sectors to promote children’s rights. CIDA supports initiatives to make
the voices of boys and girls heard
in policymaking fora and advocates to
include children and youth in development assistance projects.
Government and NGO Cooperation
- The
interests and concerns of children were the focus of a national policy
conference entitled Canada’s Children - Canada’s Future in
November 1996. The conference’s final report, which was endorsed by
conference delegates, included policy recommendations
and a framework for action
on economic policy, income support, social supports, health, education, child
care, youth justice and
Aboriginal children.
- With
funding from the Department of Canadian Heritage, UNICEF Canada
developed a training course on the Convention for federal officials
and a guide entitled The United Nations Convention on the Rights of the
Child: A Practical Guide to its Use in Canadian Courts.
- With
support from the Government of Canada and other partners, the Canadian Council
on Social Development (CCSD) publishes The Progress of Canada’s
Children, an annual report presenting a range of health, social and economic
findings related to Canadian children and their families.
- During
the reporting period, the Government of Canada worked in partnership with the
voluntary sector on measures to support the effective
implementation of the
Convention on the Rights of the Child in Canada. For example, financial
assistance was provided for the monitoring of the Convention’s
implementation in Canada
by the Canadian Coalition for the Rights of Children
(CCRC), an organization representing more than 50 non-governmental organizations
in Canada concerned with the rights of children. Measures to integrate the
principles of the Convention in professional and administrative
guidelines
regarding services for children and youth were also developed. Examples include
a training course on the Convention for
federal officials developed in
partnership with voluntary organizations and a guide for the effective use of
the Convention in Canadian
courts.
- From
1992 to 1996, the Partners for Children Fund encouraged innovative
partnerships between Canadian and international non-governmental
organizations, resulting in 21 international
projects to promote the
survival, protection and development of children. Key lessons that emerged from
the completion of the Fund’s
initiatives centred on models for youth
participation, community involvement, public awareness and education, advocacy
of children’s
rights, and partnerships and linkages.
B. Dissemination of the Convention - Article 42
- The
Human Rights Program of the Department of Canadian Heritage distributes,
upon request and free of charge, copies of the Convention on the Rights
of the Child. Approximately 5,000 copies are distributed every year. The
program also provides support to non-governmental organizations to
increase
awareness and knowledge of the content of the Convention and the rights it sets
forth. From 1993 to 1997, many projects
received funding from the Program. For
instance, Human Rights Internet produced a directory of organizations involved
in children
and youth rights in Canada. The program also funded a youth edition
of the Convention entitled Say It Right!, produced by the Youth
Participation Committee of the Canadian Coalition for the Rights of
Children.
- In
1993, the Government of Canada named November 20th National Child Day, as
a testament to the importance of children for both the present and the future of
the country. The selection of the date was
inspired by the adoption of the
Convention on the Rights of the Child by the United Nations General
Assembly on November 20, 1989. A Celebrate National Child Day Activity
Guide is produced to mark the annual event, and is an important awareness
building tool for use in schools and child care centres and by
community groups
and families across Canada.
C. Dissemination of Reports - Article 44
- Canada’s
Second Report on the Convention on the Rights of the Child is published and
distributed in both official languages. Copies are distributed by the Human
Rights Program of the Department of
Canadian Heritage to provincial and
territorial authorities and human rights commissions, provincial child
advocates, civil liberties
associations, a wide variety of nongovernmental
organizations concerned with children’s issues, public libraries and
educational
institutions, and to other regular subscribers of government
publications. The Program will also distribute copies to the general
public
upon request. The Report is also included in the catalogue of Canadian
government publications available free of charge to
the public upon request.
Nongovernmental and Aboriginal organizations are at liberty to reproduce and
distribute copies of the Report
or portions of it for their own educational
purposes. The Report is available on the Internet at
http://www.pch.gc.ca/ddp-hrd.
II. DEFINITION OF “CHILD”
- In
Canada, no federal statute legislates a general age of majority. Rather, each
law sets age limits that are appropriate for its
purposes, and these age limits
may also vary by jurisdiction. The age limits outlined in Canada’s
First Report on the Convention on the Rights of the Child have not changed
since that report, with the following exceptions.
- In
1997, Parliament amended the Divorce Act to change the definition of
“child of the marriage” from age 16 to the “age of
majority.” The age of majority
is set by provincial statutes. It is 18
in the provinces of Alberta, Manitoba, Prince Edward Island, Québec and
Saskatchewan,
and 19 in the provinces and territories of Ontario, British
Columbia, Newfoundland, Nova Scotia, New Brunswick, Northwest Territories,
Nunavut and the Yukon. Children who fall under this definition are entitled to
support as long as they have not withdrawn themselves
or been withdrawn from
their parents’ charge.
- Under
the Immigration Act, the definitions of “dependent daughter”
and “dependent son” have been extended to offspring who are over
the
age of 19 and either in full-time attendance at a post-secondary educational
institution and substantially or wholly supported
by their parents or who suffer
from a physical or mental disability and are incapable of supporting themselves
by reason of this
disability.
- The
federal Tobacco Act defines “young person” as a person under
18 years of age (previously, the age limit was 16 years). The statute prohibits
the sale of tobacco to young persons.
- Under
section 486 of the Criminal Code, safeguards exist to protect the
interests of witnesses who are under 14 years of age where the accused is
charged with a sexual
offence or an act of violence. The court can order a
support person to be with the witness while testifying. In addition, the
accused
would normally not be permitted to personally cross-examine the witness.
- Also
under section 486 of the Criminal Code, where a complainant is under the
age of 18 and the accused is charged with a particular sexual offence or with
corrupting a child,
the court may order that the complainant testify outside the
courtroom or behind a screen or other device so that he or she does
not have to
see the accused.
- Under
the Young Offenders Act, young persons of 16 and 17 years of age who are
charged with murder, attempted murder, manslaughter or aggravated sexual assault
are transferred to adult court, unless the court orders that the youth be
proceeded against in youth court. (However, it should
be noted that a proposed
Youth Criminal Justice Act is currently before Parliament. Please see
Theme VIII - Special Protection Measures for a more detailed description of the
proposed
changes.)
- Formalizing
a long-standing practice, the National Defence Act was amended in
December 1998 and now stipulates that individuals under the age of 18 may not
participate in any hostilities.
- The
Firearms Act defines a minor as an individual who is less than 18 years
old. A minor is not eligible for a licence to acquire firearms, however,
a
minor’s possession licence, for those between the age of 12 and 18,
permits the minor to use non-restricted firearms (such
as shotguns and rifles)
for the purpose of target practice, hunting, instruction in the use of firearms
or to take part in organized
shooting competitions. Minors under the age of 12
may obtain a minor’s licence if they hunt or trap as a way of life in
order
to sustain themselves and their family. All minor’s licences are
subject to conditions, which might include supervision.
In limited situations,
the minor may be permitted to use restricted or prohibited firearms (primarily
handguns) under the direct
and immediate supervision of a licenced adult. The
Firearms Act also allows minors without a licence to use firearms only
under the direct and immediate supervision of a licenced adult. Before
granting
a minor’s possession licence, the minor and their parent/custodial adult
are interviewed by a firearms officer. The
parent or guardian must agree to the
terms under which the minor may use firearms and must give their consent before
a licence is
issued.
III. GENERAL PRINCIPLES
A. Non-discrimination - Article
2
- The
constitutional and statutory guarantees outlined in Canada’s First
Report on the Convention on the Rights of the Child continue to protect
children. In particular, section 15 of the Canadian Charter of Rights
and Freedoms constitutionally guarantees that “Every individual is
equal before and under the law and has the right to the equal protection
and
equal benefit of the law without discrimination, and in particular, without
discrimination based on race, national or ethnic
origin, colour, religion, sex,
age or mental or physical disability.”
- Two
Supreme Court of Canada decisions illustrate the application of this section of
the Charter:
- The parents of a
child with severe disabilities argued that her placement in a special education
class, contrary to their wishes,
contravened the equality provisions of the
Charter. The Supreme Court, after considering the school board’s policies
and the
child’s disabilities, concluded that there was no contravention of
the Charter as the school board’s decision did not
constitute the
imposition of a disadvantage or burden, nor did it constitute the withholding of
a benefit or advantage to the child,
as the decision had been made in her best
interests. (Eaton v. Brant County Board of Education [1997] 1 S.C.R.
241.)
- The Supreme
Court of Canada held that the provincial Medical and Health Care Services
Act (now the Medicare Protection Act) and the Hospital Insurance
Act, by not providing publicly-funded sign language interpretation for deaf
patients, were in breach of s. 15 of the Charter. (Eldridge v. British
Columbia (Attorney General) [1997] 3 S.C.R. 624.) Although the applicant in
this case was not a child, it is anticipated that the decision of the Supreme
Court of Canada will be of
benefit to children with
disabilities.
Measures in Force
- The
Multiculturalism Program at the Department of Canadian Heritage focuses on
initiatives to achieve the following objectives:
- to assist in the
development of strategies that facilitate the full and active
participation
of ethnic, racial, religious and cultural communities in
Canadian
society;
- to facilitate
collective community initiatives and responses to ethnic, racial, religious and
cultural conflict and hate motivated
activities;
- to improve the
ability of public institutions to respond to ethnic, racial, religious and
cultural diversity by assisting in the identification
and removal of barriers to
equitable access and by supporting the involvement of diverse communities in
public decisionmaking processes;
- to encourage and
assist in the development of inclusive policies, programs and practices within
Federal Departments and Agencies in
order that they meet their obligations under
the Canadian Multiculturalism Act; and
- to increase
public awareness, understanding and informed public dialogue about
multiculturalism, racism and cultural diversity in
Canada.
- The
International Day for the Elimination of Racial Discrimination is commemorated
in Canada by a national public education campaign,
popularly known as the
“March 21 Campaign.” The campaign targets elementary and secondary
school students and encourages
them to participate in an ongoing dialogue about
racism. Campaign tools include printed materials such as brochures and
teachers’
guides, a “cyber” petition, and a national
“Stop Racism” video competition.
- The
department’s Awards Program encourages students to explore the
contributions of people of Aboriginal and diverse ethnocultural
origins to
the building of Canada. Its purpose is to generate mutual respect and
understanding among Canadians of different cultural
heritages. More than 90
percent of Canada’s 16,000 elementary and secondary schools submit essays,
short stories, poems and
artwork on the theme of cultural diversity and nation
building. The Mathieu Da Costa Awards Program, launched in 1996 in association
with the Canadian Teachers’ Federation, commemorates the official
designation of February as Black History Month. Mathieu
Da Costa was a black
navigator who played a significant role in facilitating understanding between
the Mi’kmaq First Nation
and the early French explorers in Canada in the
early 17th century.
- Open
House Canada provides financial assistance to non-profit organizations to
help administer reciprocal group exchange programs and national fora
within
Canada. The funds allocated are to be used exclusively to cover part of the
transportation costs. Target groups are aboriginal
youth, youth with
disabilities, visible minorities and economically disadvantaged youth.
- SchoolNet,
a federal government initiative to promote the effective use of information
technology among Canadians by helping all schools and
libraries connect to the
Internet, includes key components for promotion of non-discrimination:
- “E-Conflict
World Encyclopedia,” part of the SchoolNet Web site, aims to
“eradicate conflict around the world” by promoting international
cultural awareness. The site enables
students and others to discover the
geography, history, people, culture and government of countries around the
world.
- With the signing
of a Memorandum of Understanding, the Beijing Concord College of Sino-Canada is
linked with SchoolNet. Through this SchoolNet connection, Chinese
students from Beijing and other areas of China are now able to enroll in the
same educational program as foreign
students.
Industry
Canada’s SchoolNet initiative is described in further detail in
Theme IV of this
report.
B. Best interests of the child - Article 3
- The
Government of Canada believes that Article 3 of the Convention on the Rights
of the Child should be interpreted in a manner consistent with the intention
of the drafters, as stated in the preparatory documents or “travaux
préparatoires”. In particular, the phrase “a primary
consideration” means that the best interests of the child is a vitally
important consideration in the development of all legislation, programs and
policies that concern children.
- The
nature of this consideration depends upon the context of the legislation,
program or policy, as illustrated by the following examples:
- The federal
Divorce Act states that the best interests of the child shall be the
only consideration in determining matters of custody and access. The
Supreme Court of Canada has held that where a non-custodial parent
applies for a
variation of a custody order to prevent the custodial parent from moving to
another jurisdiction with the child, there
is no legal presumption in favour of
the custodial parent, although the custodial parent’s views are entitled
to great respect.
The only test is the best interests of the child. (Gordon
v. Goertz (1996), 19 R.F.L. (4th) 177, [1996]
S.C.R. 27.)
- The federal
Young Offenders Act, as well as the proposed juvenile justice
legislation, stipulates that a court shall consider several factors in addition
to the
best interests of the child in determining the placement of young
offenders, including the safety of other youths in a juvenile detention
centre.
- The Child Tax
Benefit, established in January 1993, is a broad-based federal government
initiative to assist children. The program
provides a monthly taxfree benefit
to low- and middleincome families on behalf of each dependent child under 18
years of age. The
1997 federal budget announced the National Child Tax Benefit,
a joint federal/provincial initiative. In July 1998, the federal government
announced the implementation of the new Canada Child Tax Benefit (see Theme VI,
Article 26), which provides increased financial support
to low- and
middle-income families with children. Provinces and territories in turn will
make complementary reinvestments of provincial
funds to assist children in
lowincome families.
Factors, Difficulties and Progress
- Although,
as previously noted, the courts decide custody and access disputes under the
federal Divorce Act according to the best interests of the child, there
is no consistent definition of the principle in use by the courts. The
“best
interests test” has therefore come under criticism as being
arbitrary and unpredictable.
- In
1996, the Immigration and Refugee Board (IRB), an independent quasi-judicial
tribunal that hears and decides refugee and immigration
claims in Canada, issued
Guidelines on Child Refugee Claimants. Based on extensive consultation
with specialists, including child psychiatrists and lawyers, as well as national
and local organizations
involved with child refugees, the guidelines provide
procedural and evidentiary guidelines for dealing with the special needs of
children appearing before the IRB. The guidelines stipulate that primary
consideration be given to the “best interests of
the child,” taking
into account age, gender, cultural background and past
experiences.
Priorities and Goals
- In
1997-98, a Special Joint Committee of the Senate and the House of Commons on
Child Custody and Access studied issues relating to
custody and access
arrangements after separation and divorce. The mandate of the Committee was to
assess the need for a more childcentered
approach to family law policies and
practices that would emphasize joint parental responsibilities and child-focused
parenting arrangements
based on children’s needs and best interests. The
Committee issued a final report and recommended changes in December 1998.
At
the time of writing, the Government of Canada was in the process of preparing a
response to the Committee’s report.
C. The right to life, survival and development - Article
6
Measures in Force
- The
constitutional and statutory guarantees as outlined in Canada’s First
Report on the Convention on the Rights of the Child continue to protect
children.
- The
current Firearms Act aims to reduce the number of firearms deaths and
injuries of children (and adults). The Firearms Act was passed in
December of 1995. As of December 1998, the legislation requires all gun
owners to become licensed before January 1,
2001, and all firearms to
be registered before January 1, 2003. The legislation
also created a new
smuggling and trafficking offence, prohibited various types of handguns,
and
introduced new mandatory penalties for the use of firearms in the commission of
a
crime.
- The
National Defence Act was amended in December 1998 to remove the
death
penalty.
- Since
Canada’s First Report on the Convention on the Rights of the Child,
the Government of Canada, First Nations, Inuit and Metis communities have been
working in
partnership to develop solutions and positive
interventions to address the underlying issues around suicide and other mental
health
issues of those communities. Among numerous initiatives, an Aboriginal
Suicide Prevention Workshop was held in 1995, and a manual
for frontline
community workers was subsequently produced.
- In
February 1997, an agreement was signed between the Government of Canada, the
Ontario Government and the NishnawbeAski Nation to
establish a threeyear program
to attempt to reduce suicides and to address other related problems. The
program implemented the recommendations
of NishnawbeAski’s Youth Forum,
which had spent 3 years examining the suicide crisis and its causes.
- In
1997, Health Canada supported a Youth and Elders Conference, attended by more
than 500 participants from across the country, to
discuss suicide among
Aboriginal youth and other issues of concern.
D. Respect for the views of the child - Article 12
- The
constitutional and statutory guarantees outlined in Canada’s First
Report on the Convention on the Rights of the Child remain.
Measures in force
- In
divorce, custody and access proceedings, while there is no specific requirement
for the child’s views to be heard, various
procedures are sometimes used
to elicit them for the court. These include custody and access investigation
reports by social workers
and psychologists; testimony of experts, such as
psychologists and psychiatrists; testimony of the child, particularly an older
child;
and affidavit evidence. In some instances, a judge will meet directly
with the child. Parents, their counsel or counsel for the
child can also speak
to a child’s interests or views.
- The
Immigration Act stipulates that a person under 18 years of age may be
represented by a parent or guardian when an inquiry is held by an
adjudicator
to determine whether that individual should be removed from
Canada. Where such a person is not represented by a parent or guardian
at such
an inquiry, or where, in the opinion of the adjudicator presiding at
the inquiry, the child or youth is not properly represented
by a parent or
guardian, the inquiry must be adjourned and the adjudicator must designate some
other person to represent that young
person at the expense of the Minister.
(Subsection 29(4) and 29(5) Immigration Act). Similarly, in proceedings
before the Refugee Division regarding claims of refugee status by persons under
18 years of age, the
Division may designate someone to represent a person under
the age of 18. This designated person is paid an honorarium fixed by
the
Chairperson and such reasonable expenses as are incurred by the designated
person in connection with the representation, unless
the designated person is
the parent.
- Section
486 of the Criminal Code of Canada includes provisions in relation to
respect for the views of the child:
- Safeguards exist
to protect the interests of witnesses who are under 14 years of age where the
accused is charged with a sexual offence
or an act of violence. The court can
order that a support person be present with the witness while testifying. As
well, the accused
would normally not be permitted to personally cross-examine
the witness.
- Where a
complainant is under the age of 18 and the accused is charged with a certain
sexual offence or with corrupting children, the
court may order that the
complainant testify outside the courtroom or behind a screen or other device so
that he or she does not
have to see the accused.
- The
federal government, in cooperation with the provinces and territories, is
currently implementing a major juvenile justice initiative.
In all areas of the
initiative, procedural safeguards have been included to permit the accused or
young offender to express his
or her opinion and views.
Factors, Difficulties and Progress
- Although
the views of the child are generally heard during divorce, access and custody
proceedings, some authorities question whether
it is in the best interests of a
child to be involved in mediation or litigation. Those against the practice
believe that the process
can be difficult and emotional and that psychological
damage may occur if a child is encouraged to choose one parent over another.
Those in favour believe that the benefits of considering the views of the child
outweigh the risks.
- The
views and opinions of youth were sought during a government-sponsored conference
Out From the Shadows - An International Summit of Sexually Exploited
Youth which was held in British Columbia in 1998. The conference was
initiated by Senator Landon Pearson, Canada’s Special Advisor
on
Children’s Rights and Cherry Kingsley, a child advocate and former victim
of sexual exploitation, following their participation
in the First World
Congress Against Commercial Sexual Exploitation of Children in Stockholm in
1996. In preparation for the summit,
sexually exploited children and youth in
Canada were consulted on various issues. The five-day summit brought together
youth as
well as representatives of governments and nongovernmental
organizations to examine issues related to the commercial sexual exploitation
of
young people and to develop strategies and initiatives. The government also
supported the attendance of both Canadian and international
youth at the
conference.
Priorities and Goals
- The
respect for the views of the child were considered by the following working
groups:
- A Special Joint
Parliamentary Committee on Custody and Access examined the Article in terms of
the Divorce Act.
- The
Parliamentary Standing Committee on Justice and Human Rights studied the need
for further victim legislation and related issues,
with particular attention to
their application in the youth justice system. Its report was submitted to
Parliament in the fall of
1998.
- A
Federal-Provincial-Territorial Working Group on Victims of Crime also examined a
variety of issues including co-ordination and delivery
of victim services, the
need for specialized services and the provision of information to
victims.
- The
federal government will implement recommendations from these committees,
including the establishment of a new office or policy
centre for victims’
issues. This office will seek to ensure that victims’ perspectives are
considered in the development
of all policies and legislation and will manage,
coordinate and enhance all federal initiatives relating to victims. As a
federal
centre of expertise, it will also focus on emerging national and
international issues and trends in victim advocacy, legislation
and services.
- The
Government of Canada has also committed itself to amending the Criminal
Code to improve opportunities for victims to express how they have been
affected by the crime and to require the court to consider the
victim’s
safety in bail decisions. The amendments will make it easier for victims to
participate as witnesses in trials by
providing guidelines to the courts for
protecting a victim’s identity. Safeguards for young victims of sexual or
violent crime
will
be expanded by further restricting the cross-examination
by self-represented accused
persons.
IV. CIVIL RIGHTS AND FREEDOMS
A. Name, nationality and parental
care - Article 7
Measures in Force
Name and nationality
- In
Canada, the registration of children after birth is a provincial responsibility
while the determination of citizenship is a federal
responsibility. There have
not been any changes to the legislation or policy regarding determination of
citizenship since Canada’s First Report on the Convention on the Rights
of the Child.
- As
a result of the Federal Court of Appeal decision in the McKenna case,
(Canada (Attorney-General) v. McKenna [1999] 1 F.C. 401), Citizenship and
Immigration Canada has undertaken a review of the legislative provisions
governing access to citizenship for
children adopted abroad by Canadian
citizens. A proposed Citizenship of Canada Act, anticipated
in 1999, will include provisions that would facilitate access to
citizenship for these children.
Factors, Difficulties and Progress
- The
Government of Canada has endorsed the creation of the First Nations Child and
Family Service (FNCFS) agencies as a way to ensure
that all First Nation
children and
families receive culturally sensitive services
within their First Nation community. There are 73 First Nation and
Child and Family
Services (FNCFS) agencies providing services to approximately
70% of the on-reserve First Nation population in Canada.
Priorities and goals
- It
is expected that another 36 First Nation and Child and Family Services agencies
will become operational by the year 2002, bringing
the on-reserve population
served by FNCFS agencies to over 91 percent.
Parental
care
- The
federal, provincial and territorial governments work cooperatively in the areas
of divorce, custody, access, support and juvenile
justice. For example, while
divorce is a federal matter, the determination of custody and access in a
non-divorce situation falls
to the provincial/territorial jurisdictions. The
governments also work cooperatively to ensure that child support payments are
paid
by the non-custodial parent.
- There
have not been any changes in the legislation or policies regarding parental care
under the Divorce Act since the writing of the First Report. A detailed
description of measures in force to ensure parental financial support to
children
is found in Theme V (Article 27).
Factors, Difficulties and Progress
- A
Special Joint Committee of the Senate and the House of Commons on Child Custody
and Access has studied issues relating to custody
and access arrangements after
separation and divorce. The mandate of the Committee was to assess the need for
a more child-centered
approach to family law policies and practices that would
emphasize joint parental responsibilities and child-focused parenting
arrangements
based on children’s needs and best interests. The Committee
issued a report with recommendations in December 1998. The Government
issued a
response in May 1999. Further action will be highlighted in the next report.
- The
current Young Offenders Act sets out the rights of parents to receive
notice and information regarding their child before, during and after legal
proceedings.
These rights have been maintained in the proposed juvenile justice
initiative. For example, parents have the right to be notified
of any
extra-judicial measures. As well, parents of a young person charged with an
offence are to be notified as soon as possible
of the arrest and all
requirements for appearance before the court. If possible, parents will be
interviewed prior to the writing
of a pre-sentence report, which is used by the
court to determine the appropriate sentence for a young offender. Parents will
receive
notice of and explanations concerning recommendations for release from
custody and can request a review if the court does not accept
the
recommendations.
- Parents
may also make an application on matters relating to their child and the court
must hear these representations. Further, the
courts may require a parent to
attend at any stage of the proceedings in youth court. A parent who fails to
attend when ordered
to do so would be guilty of contempt and could be subject to
arrest.
B. Preservation of identity - Article 8
- With
regard to the preservation of identity, there have not been any changes to the
Divorce Act since the writing of the First Report.
- The
Government of Canada’s Inherent Right Policy allows for the negotiation of
jurisdiction over civil procedures in the administration
of the Divorce
Act when determining Aboriginal self-government arrangements. However, to
maintain national standards and consistency, jurisdiction
over custody and
spousal support in the context of divorce remains a federal responsibility.
- There
have not been any changes to the mechanisms of adoption of Aboriginal children
since the First Report. However, under the Inherent
Right Policy,
responsibility for child welfare, including adoption, may be negotiated. A
detailed description of measures relating
to Aboriginal children is included in
Theme VIII of this Report.
C. Freedom of expression - Article 13
- There
have not been any changes in the constitutional or statutory guarantees of
freedom of expression since the writing of the First
Report.
- To
commemorate the 50th Anniversary of the Universal Declaration of Human
Rights, the federal Department of Canadian Heritage created the Web site
“CREDO,” and invited young people across Canada to
create their own
list of fundamental rights (i.e. their own credo). Posters, poetry, drawings,
Web pages, rap songs and even a quilt
were submitted. The Web site also
provided the opportunity for young people to exchange their views with
others.
- Children
and youth are also encouraged to express themselves through SchoolNet, an
Industry Canada initiative to promote the effective use of information
technology among Canadians. Examples of SchoolNet Web sites that
encourage freedom of expression
include:
- SchoolNet
News Network is a monthly Internet newspaper written and produced by
students from Kindergarten to Grade 12 (ages 5 to 18).
- Hooked on
School targets students at risk of dropping out of school or who have
already quit school. The site allows young people to anonymously
discuss their
feelings toward school and the consequences of dropping out of school. Through
this forum, many students have been
encouraged to stay in school and others have
returned to school.
- Book Nook
allows children and youth to review and recommend books aimed at their age
level.
- Family
Treasures is geared to primary school children. It provides an on-line
“show and tell” of items of archival and historical interest
that
may be found in the children’s homes. The Family Treasures site is linked
to museums, where additional information is
available.
D. Freedom of thought, conscience and religion - Article
14
- The
constitutional guarantees of freedom of conscience and religion and freedom of
thought, belief, opinion and expression, including
freedom of the press and
other media of communication, have not changed since the First Report (sections
2(a) and 2(b) of the Canadian Charter of Rights and
Freedoms).
- In
one case, the Supreme Court of Canada held that a child’s right to
life-saving medical treatment took precedence over her
parents’ right to
freedom of religion. The parents had refused to consent to their child
receiving a blood transfusion because
of their religious beliefs. (B. v.
Childrens’ Aid Society of Metropolitan Toronto [1995] 1 S.C.R.
315.).
E. Freedom of association and peaceful assembly - Article
15
- The
constitutional guarantees of freedom of peaceful assembly and freedom of
association remain. (sections 2(c) and 2(d) of the Canadian
Charter of Rights and Freedoms).
F. Protection of privacy - Article 16
- The
constitutional and statutory guarantees of protection of privacy, as outlined in
the First Report, remain.
- In
one decision, the Supreme Court of Canada held that the publication of a
youth’s image, without her consent, constituted
a violation of her privacy
and of her right to her image under the Québec Charter of Human Rights
and Freedoms, resulting in a financial award in her favour (Aubry v.
Éditions Vice-Versa Inc. [1998] 1 S.C.R. 591).
- In
another case, the Supreme Court of Canada held that a vice-principal had not
infringed a student’s constitutional right not
to be subjected to
unreasonable search or seizure when the vice-principal requested that the
student, in the presence of a police
officer, role up his pant leg. The
vice-principal had reason to believe that the student was concealing drugs and
had intended to
sell these drugs at a school event. Drugs were found in the
student’s sock, and the student was charged under the Young Offenders
Act. The Court held that, in this particular case, the
viceprincipal’s actions were reasonable. The Court also stated that the
search of the student’s locker by the police was constitutional in this
particular circumstance. (R. v. M.(M.R.) [1998] 3 S.C.R.
393.)
G. Access to appropriate information - Article 17
(a) Mass media
- There
have not been any amendments to the Canadian Broadcasting Act since the
release of the First Report.
- The
Canadian Radio-Television and Telecommunications Commission (CRTC) supervises
and regulates all aspects of telecommunications
according to the policies set
out in the Broadcasting Act. The structure and conditions of the
television licence of the Canadian Broadcasting Corporation (CBC) have remained
constant since
the First Report.
- The
National Film Board (NFB) is a federal cultural agency that produces and
distributes films that “interpret Canada to Canadians
and other
nations.” Extensive use of NFB films is made in Canadian elementary and
secondary schools. From 1993 to 1997, the
NFB released over 300 productions for
children of all ages, including:
- Rights from
the Heart, a threepart series of animated films based on the Convention
on the Rights of the Child.
- The Prince
and I, a Web production which encourages children to learn to read and write
in a playful environment.
- Perspectives
in Science explores a number of social and environmental issues relating to
science.
- Street
Safe: Videos for Teens is a series of videos on issues that touch
the lives of adolescents, such as sexual harassment, racism, mental illness,
homelessness
and addiction.
- ShowPeace/AnimaPaix
is a series of animated films about conflict resolution.
- Le studio
d’animation du Programme français continues to produce
high-quality animation films, such as Mon enfant, mon terre and
L'arbre mort.
- In
1996, the NFB established the Media Awareness Network, a Canadian nonprofit
organization dedicated to media education and media
issues affecting children
and youth. The Network provides an Internet site in English and French for
educators, students, community
leaders and others interested in knowing more
about the media and its influences.
- Financial
assistance for the production of Canadian children’s programming is
provided by both the private sector and the Canadian
government. In 1994, the
Canadian cable industry, with the financial support of the Canadian
Radio-Television and Telecommunications
Commission (CRTC), established the Cable
Production Fund. The purpose of the fund was to provide financial resources to
produce
high-quality Canadian programs in under-represented categories,
including children’s programs. In 1996, the Canada Television
and Cable
Production Fund was created when the Cable Production Fund was integrated with
the broadcast production fund of Telefilm
Canada (a federal cultural agency).
This annual fund helps to finance quality Canadian television programs in the
categories of
drama, variety, children’s shows and documentaries. In
1996-97, the fund contributed toward the production of 724 hours of
children’s programming.
- In
1996, the CRTC awarded licenses to two new specialty services intended primarily
for children: TreeHouse TV provides programming for pre-school children
and TELETOON offers animated programming for children of all ages and
families. Other pay and specialty services licenced by the CRTC to provide
programming for children are the French-language specialty service Canal
Famille, the English-language specialty services YTV and the
Family Channel, and the Aboriginal Peoples Television Network
(APTN). The APTN is described in further detail below. Programming provided by
pay and specialty services intended for children
complements the
children’s programming provided by conventional and provincial educational
broadcasting services. All of these
services must adhere to guidelines
regarding sex-role stereotyping and violence in television programming.
- The
Government of Canada has provided $125,000 in financial support to Concerned
Children’s Advertisers (CCA), a consortium
of Canadian companies which
market and broadcast products and services to children and families. In recent
years CCA has carried
out several multi-activity projects to educate children
about positive, balanced, informed and healthy television viewing. This
project
involved the production and airing of media literacy vignettes, entitled TV
and Me. These vignettes informed children and youth of issues such as
life-skill education (self-esteem, decision-making, role models and
substance
free living); media literacy (media message, heroes, stereotypes, role models,
fantasy versus reality, media violence and
the technical side of television);
and peer education (the role of older children in educating younger children
about positive living).
- In
March 1997, the second Status of Women Canada Roundtable on Portrayal of
Young Women in the Media took place. Participants included industry
representatives, advertising agencies, publishers, fashion editors and
television producers,
as well as academics and representatives of MediaWatch who
have expertise on the impact of the media images on young women. Among
the
concerns discussed were the relationship between the portrayal of women as
victims and violence against women, and the sexualization
of younger women.
This dialogue continued in 1998-99.
- Telefilm
Canada, a federal cultural agency, fosters and promotes the development of the
feature film and television industries in
Canada. Since 1994, Telefilm Canada
has provided financial support for 47 programs for children, including
successful series such
as Watatatow, La Maison de Ouimzie, The
Adventures of Dudley the Dragon and Big Comfy Couch.
- The
Canadian Broadcasting Corporation is using the Internet to develop alternative
offerings for children and youth. The CBC’s
Web site includes information
on children’s programming, related activities and games and information
for parents and teachers
on the effective use of television in the home and
classroom.
- SchoolNet,
an Industry Canada initiative, is designed to promote the effective use of
information technology among Canadians by helping all
public schools and public
libraries connect to the Internet. This initiative responds to the Government
of Canada’s commitment
to ensure the Internet is accessible to all
Canadians, regardless of income level or location. The SchoolNet project
aims to have 250,000 connected computers in Canadian classrooms (approximately
one per classroom) by March 31, 2001.
- SchoolNet’s
Computers for Schools program channels surplus computer equipment from
businesses, government and individuals into classrooms
and public libraries
across Canada. This award-winning program, a partnership effort of the
Telephone Pioneers of America, governments,
businesses, volunteer groups and
communities, has been a contributing factor to the success of the
SchoolNet initiative.
- Another
component of the initiative is an informational Internet site aimed primarily at
students and teachers. The SchoolNet Web site fosters a culture of
lifelong learners and promotes the development of the kinds of skills required
to compete in the knowledge-based
economy.
- The
site provides links to hundreds of Canadian educational and informational Web
sites. All links are carefully screened by Industry
Canada to ensure the
content is appropriate for children. Any site that contains pornographic,
sexist, discriminatory or otherwise
inappropriate material is not linked to
SchoolNet.
- Many
of the sites linked to SchoolNet are for teachers to assist them in
planning and educating. Many others are geared to children, for example:
(a) D.E.A.L. - Drug Education and Awareness for Life, is
designed to inform and educate youth, as well as adults, on substance abuse
issues, provide problem-solving skills and promote effective ways to deal with
the use of drugs.
(b) The Little Math Puzzle challenges students
from grades 5 to 10 with a new mathematical puzzle every
week.
(c) Healthy Teeth, designed for grades 3 to 6, uses
animation, easy-to-understand text and simple classroom experiments to promote
good dental health.
The Canadian Dental Association, the Nova Scotia Dental
Association and the Halifax County Dental Society are the site’s major
sponsors.
(d) Politics by Aristotle encourages youth to read
this well-known essay online and exchange their ideas and comments with other
students.
(b) International cooperation
- As
of April 1998, Canada has signed a total of 44 film and television co-production
agreements with 52 states. Canadian children’s
programming is made
available in other countries by a variety of means, in particular Telefilm
Canada’s International Affairs
division and its European office located in
Paris.
- SchoolNet
is recognized around the world for its innovative and exciting approach to
learning through technology. The Office of International
Partnerships has been
established by Industry Canada to provide a single point of access to
Canada’s information communication
technology skills and products,
including SchoolNet, for any country or foreign organization seeking to
build their own electronic learning network.
(c) Dissemination of books
- The
Book Publishing Industry Development Program provides funding to the Canadian
Children’s Book Centre for its “Read
About It” series of study
guides on outstanding Canadian young adult fiction for use in classrooms
nation-wide.
(d) Linguistic needs of minority and indigenous
children
- The
linguistic requirements of the Broadcasting Act, as outlined in the First
Report, remain. The Canadian Radio-Television and Telecommunications Commission
(CRTC) continues to support
the Native Broadcasting Policy, which fosters the
development of Aboriginal cultures and the preservation of native languages.
- In
February 1999, the CRTC approved an application by Television Northern Canada
Incorporated (TVNC) to operate the Aboriginal Peoples
Television Network (APTN).
Effective September 1, 1999, APTN will be distributed nationally, a move that
meets the objectives of
the Broadcasting Act. Programming will be
targeted to a variety of age groups and interests, and will include
children’s shows, educational, cultural
and current affairs programming,
drama, music, comedy, documentary features, discussion programs, political
coverage, and special
events, as well as programming about indigenous people
around the world. Through this programming, APTN will provide social benefits
by helping to preserve the cultural identity of Aboriginal peoples and by
offering a cultural bridge between Aboriginal and nonAboriginal
communities.
- Industry
Canada, through its SchoolNet initiative, the Assembly of First Nations,
and Stentor, a private sector telecommunications company, have worked together
to connect
all interested First Nations schools under federal jurisdiction to
the Internet. The SchoolNet Internet site provides access to First
Nations curriculum resources in English, Cree and Syllabic and cultural
collections of First
Nations artifacts and art. Through the site, student and
teachers and others are able to network with other First Nations schools
and
communities.
- As
part of Canada’s Aboriginal Action Plan, an Aboriginal language program to
preserve and teach Aboriginal languages is being
developed by the Department of
Canadian Heritage and the Department of Indian and Northern Affairs (DIAND).
DIAND has provided funding
for language and cultural activities to First Nations
elementary and secondary on-reserve schools. Financial assistance is also
given
to a Cultural Education Centres Program through First Nations, tribal/district
councils and First Nations/Inuit non-profit
corporations to preserve, develop,
promote and express their cultural heritage and languages.
- The
Department of Canadian Heritage works with provinces and territories to ensure
that minority schools offer their students an education
of comparable quality to
that offered to the majority (in keeping with section 23 of the Canadian
Charter of Rights and Freedoms). The Department also supports, in
co-operation with provincial and territorial governments, the provision of
high-quality second-language
instruction at all levels.
(e) Protective guidelines
- The
role of the Canadian Radio-Television and Telecommunications Commission (CRTC)
as outlined in the First Report, remains. Since
1994, the CRTC has required all
television services to comply with the Canadian Association of Broadcasters
Voluntary Code Regarding Violence in Television Programming. The Code
contains a section dealing specifically with children’s programming, which
sets out strict limitations on the nature
and amount of violence that may be
included in programs directed at persons under 12 years of age. The Code
stipulates that children’s
programming must:
- portray very
little physical, verbal or emotional violence;
- carefully deal
with themes that could threaten children’s sense of security, or that
could invite children to imitate acts they
see on screen;
- show, in human
terms, the consequences of any realistic depiction of violence to its victims
and perpetrators;
- not contain
realistic scenes of violence that create the impression that violence is the
preferred way or the only method to resolve
conflict between individuals, or
that minimize or gloss over the effects of violent acts; and
- not contain
frightening or otherwise excessive special effects not required by the
storyline.
Factors, difficulties and progress
- The
CRTC’s Policy on Violence in Television Programming, announced in March
1996, emphasized the need for tools for parents
to use in protecting their
children from the harmful effects of television violence, such as a
classification system for rating violence
in television programming and
“V-chip technology” for blocking programs with inappropriate levels
of violence.
- In
1997, the CRTC approved a classification system that will help parents make
informed choices. Proposed by the Action Group on
Violence on Television
(AGVOT), an organization representing all sectors of the Canadian broadcasting
industry, the six-level classification
system rates programs based on language,
sexual content and violent content. Canadian broadcasters started providing
on-screen ratings
using the approved classification system in October
1997.
- The
CRTC remains committed to the implementation by broadcasters and the cable
industry of an affordable V-chip compatible classification
system. AGVOT is
continuing its work to resolve problems surrounding V-chip technology, and will
provide CRTC with regular progress
reports.
H. Right not to be subjected to torture or other cruel, inhuman
or degrading treatment or punishment - Article 37 (a)
- The
constitutional guarantees outlined in the First Report remain. In Canada,
capital punishment is not an available punishment.
- The
juvenile justice system is described under the headings “children in
conflict with the law” and “children deprived
of their
liberty” in Theme VIII.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
- For
the most part, the provinces and territories of Canada have jurisdiction over
family law, the regulation of social welfare agencies
and the administration of
the court. Issues of custody and visiting rights come under federal
jurisdiction to the extent that they
arise in the context of divorce. The
federal government also has jurisdiction over immigration and criminal
law.
- Aboriginal
people and the lands reserved to them also fall under federal jurisdiction.
However, Aboriginal communities are taking
more control over laws related to the
family environment and alternative care through self-government
agreements.
A. Parental guidance and
B. Parental
responsibilities - Articles 5 & 18 (1-2)
Measures in Force
- The
Government of Canada spends approximately $1 billion for parental and maternity
benefits under the Employment Insurance Act (EI). The Act provides 15
weeks of maternity benefits to new mothers and a total of 10 weeks of parental
benefits (with 5 additional
weeks for special needs) to the mother or father, or
to both, who have accumulated at least 700 hours of insurable employment in
the
52-week period preceding their claim for benefits. These benefits are
applicable to parents of newborns or newly adopted children.
Under EI, a
claimant
receives a weekly benefit of 55 percent of his/her insured earnings
up to a maximum of
$39,000 per year.
- In
addition, beginning in January 1997, a claimant with children whose family
income is less than $25,921 and who receives the Child
Tax Benefit receives
a “top up” of maternity and parental benefits up to 65 percent
of insured earnings. This benefit
rate will increase
by 5 percentage-point increments each year, to 80 percent in 2000.
- The
Government of Canada provides resources to the provinces and territories to help
with the implementation of new Child Support Guidelines (CSG) and to
support innovative measures to collect court-ordered child support payments.
The federal Child Support Initiative further complements these measures
with programs to reduce the level of conflict between
parents in determining and enforcing child support awards. As part of these
efforts, the federal
government has worked in close cooperation with a
number of provinces and territories to
develop and/or enhance parent
education programs. These programs, which may be voluntary or mandatory, use a
variety of delivery
methods including printed materials, information sessions,
videos and education curricula for children.
- The
Military Family Services Program, formerly the Military Family Support
Program established in 1991, continues to deliver programs designed to meet the
special needs
of military families stemming from frequent postings and
transfers. Consistent and coordinated family support are offered through
services for children and youth, information referral, education and quality of
life programs, crisis intervention and volunteer
development. Program delivery
is provided through 44 independent Military Family Resource Centres.
- The
Postpartum Parent Support Program, a community-based health and infant
care information program, is described in detail in Theme VI.
- Health
Canada’s Nobody’s Perfect program targets parents with
children up to age five who are young, single, lowincome, socially or
geographically isolated or who
have limited formal education. The program gives
parents accurate, uptodate information on children’s health, safety,
development,
behaviour and other information to increase confidence in parenting
abilities. Nobody’s Perfect program materials were recently
updated and revised.
- In
partnership with Health Canada, Family Service Canada distributes Welcome to
Parenting: The First Six Years, a video that provides key information and
helpful tips for parents through a creative mix of parent and child
interactions, parent
interviews, skits and animation.
- In
1996, the Women’s Bureau of Human Resources Development Canada (HRDC)
issued Changing Families, Changing Workplaces. This publication is
designed to publicize innovative programs and policies that social workers and
organizations have used in Canadian
workplaces to support workers with family
responsibilities and to give them greater flexibility. While HRDC remains
interested in
work and family issues, this does not continue to be a specific
priority of the Women’s Bureau.
Factors, Difficulties and Progress
- The
1996 Employment Insurance reform changed the eligibility calculation method for
all benefits from one based on weeks (minimum
of 20 weeks at 15 hours per week
required to be eligible) to one based on hours of insurable employment (minimum
of 700 hours to
be eligible). Monitoring and Assessment Reports published
annually have indicated that few maternity benefits claimants have been
adversely affected by the change to the hours-based system. The Government will
continue to assess the effects of changes to Employment
Insurance regulations on
maternity and parental benefits.
Government and NGO Cooperation
- In
partnership with the Canadian Living Foundation, the Canadian Broadcasting
Corporation and Invest in Kids Foundation, Health Canada
developed the
“Get Set for Life” campaign. This national awareness campaign,
which targets families, day care facilities
and communities, focuses on the
development of the child during the first 5 years, with particular attention to
the importance of
cognitive development. Program delivery is achieved through
television and radio programs, magazine articles, posters, other print
pieces,
mall displays, and community forums.
- Health
Canada, through the Population Health Fund, is increasing the involvement of
young fathers in parental education and has supported
projects in the area of
Fathering and Teen Parenting.
- Through
its Partnership Branch, CIDA supports NGOs that work to strengthen family
environments for children. Pueblito is a Canadian
NGO which works with NGOs in
Latin America to provide quality child care, to support social service
projects with local governments,
and to improve and develop legislation for
children that meets the standards of the Convention.
C. Separation - Article 9
Measures in Force
- The
Divorce Act, with respect to parental contact (section 16 (10)), has not
changed since Canada’s First Report on the Convention on the Rights of
the Child. Case law suggests that most judges and parents are of the view
that there should be regular and frequent contact with both parents
unless such
contact poses a risk to the child. Recent court examples held that “an
access parent is entitled to share his
or her lifestyle with the child unless
this poses a risk to the child” (Gordon v. Goertz, 19 R.F.L. (4th
177, [1996] 2 S.C.R. 27; Young v. Young 49 R.F.L. (3d) 117; [1993] 4
S.C.R.) and that the “child is to have as much contact with each parent as
is consistent with
the child’s best interests” (McElroy v.
McElroy, [1996] W.D.F.L. 2188 (B.C.S.C.).
- Status
of Women Canada has released several research papers on custody and access, as
well on topics such as child care and gender
and social
responsibility.
Factors, Difficulties and Progress
- While
custody and access cases continue to be decided according to the best interests
of the child, there is no consistent definition
of the principle. As a result,
the “best interests test” continues to be criticized as being
arbitrary and unpredictable.
- The
diversity of family structures (custodial and non-custodial parents,
step-parents, members of common-law relationships, half siblings
and step
siblings) results in many children facing complex social relationships. The
Government recognizes the links between the
pressures of these relationships and
ensuing pressures on other parts of children’s
lives.
Priorities and Goals
- A
Special Joint Committee of the Senate and the House of Commons on Child Custody
and Access was established in 1997 with a mandate
to assess the need for a more
child-centered approach to family law policies and practices. Such an approach
would emphasize joint
parental responsibilities and child-focused parenting
arrangements based on children’s needs and interests. The Committee
heard
from over 500 witnesses.
Institutions and Mechanisms
- Although
the federal government has exclusive jurisdiction to legislate in the area of
divorce, most family law initiatives depend
upon federal/provincial/territorial
coordination. The Federal/Provincial/Territorial Family Law Committee was
established to develop
law reforms and make recommendations in a coordinated,
multi-level fashion that recognizes the responsibilities shared between
jurisdictions.
Governments and NGO Cooperation
- Family
Mediation Canada, with support from Health Canada, compiled an inventory of
Canadian parenting education programs and resources,
entitled Families in
Transition: Children of Separation and Divorce. The list includes over 140
programs in every province, as well as videos, books and other resources for
parents, social service
workers and others. In another Health Canada-supported
initiative, Family Mediation Canada is reviewing parent education programs
across Canada in order to develop a best practices model.
- Status
of Women Canada provides financial and technical assistance to organizations
working to advance gender equality at the community,
regional and national
level. Support has been provided for projects on custody, access and support
issues, including strategies
to educate and advocate for systemic change related
to custody and access disputes, particularly in cases of abuse.
- Life
Goes On, a popular publication for families in transition, is currently
being revised and updated with funding from Health Canada.
D. Family Reunification - Article 10
- See
Theme VIII - Special Protection Measures.
E. Illicit transfer and non-return - Article 11
Measures in Force
- The
Criminal Code of Canada includes the illicit transfer and the non-return
of children as offences; section 279 (1) of the code provides for a penalty of
life
imprisonment for kidnaping where force is used.
- Canada
has ratified the Hague Convention on the Civil Aspects of International Child
Abduction, which ensures that States Parties secure the prompt return of
children wrongfully removed or retained and respect of parental rights
of
custody and access. (Canada will be required to modify its declaration as the
new territory of Nunavut prepares to have the Convention
apply to its
jurisdiction).
- An
annual workshop conference brings together the agencies involved in the Our
Missing Children Program from across Canada. The 1997 conference, hosted by
Citizenship and Immigration Canada, focused on the international abduction of
children and missing and exploited children. Participants included non-profit
organizations, police forces, law enforcement officers
from around the world
including INTERPOL, the FBI, and the Belgium Gendarmerie, Irish Family Law
Association, and UNICEF regional
groups in Canada. Delegates to the conference
learned of the work of the Canadian Consular offices, and the procedures to
issue
passports to children.
Factors, Difficulties and Progress
- Parental
abductions of children are a serious and growing problem in
Canada.
Statistics currently available do not distinguish between
domestic and international
abductions.
- In
November 1996, the Department of Foreign Affairs and International Trade
(DFAIT), joined Revenue Canada, Citizenship and Immigration,
and the Royal
Canadian Mounted Police as a partner in the Our Missing Children Program.
As part of its Consular Awareness Program, DFAIT publishes International
Child Abductions - A Manual for Parents. It also provides information on
the rights and responsibilities of countries which are signatories to the
Hague Convention, as well as those countries which are not signatories,
on issues of abduction of, and access to, children.
Priorities and Goals
- In
November 1997, the Parliamentary Sub-Committee on Human Rights and International
Development convened to address issues related
to international child
abduction and to hear the concerns of governmental and
non-governmental service
agencies working in this field. The Sub-Committee
released a report in 1998 of its findings, including a discussion of
Canada’s
compliance with the provisions of the Hague Convention on the
Civil Aspects of International Child Abduction. The Government’s
response to the
report was tabled in November 1998 where it endorsed or
accepted eleven of fourteen recommendations, with some qualifications. It
will
be acted upon in the forthcoming reporting period.
F. Recovery of maintenance for the child - Article 27
(4)
Measures in Force
- Child
support and maintenance were identified as priority areas for attention in
Canada’s First Report on the Convention on the Rights of the
Child.
- The
1996 Federal Budget announced a child support reform package that included:
child support guidelines; changes in the tax treatment
of child support;
redirection of the tax savings towards low income families with children; and
improved measures for the enforcement
of support orders.
- The
Federal Child Support Guidelines, which became law on May 1, 1997, were
designed to protect children’s right to an appropriate level of child
support; reduce
conflict between parents; reduce legal and court costs; and
ensure that supporting parents with the same level of income pay the
same
amount. The Guidelines consist of a set of rules and tables for calculating the
amount of support that a paying parent should
contribute toward the support of
his or her children.
- The
Guidelines changed the manner in which child support amounts are determined
under the Divorce Act. The Divorce Act amendments provided the
framework for the Federal Child Support Guidelines, while the guidelines
themselves have been introduced through the regulatory process. Corresponding
amendments to the Income Tax Act concerning the tax treatment of child
support payments came into effect at the same time.
- In
1997, amendments were made to the Family Orders and Agreements Enforcement
Assistance Act (FOAEA). Part I of the Act provides for the release of
information from specified federal databases (including Revenue Canada,
Canada’s
income tax collection agency) to assist in locating a person in
breach of court-ordered family support payments. The address of
the support
payer in arrears, as well as the name and address of the individual’s
employer, are the only information provided.
Part II of the Act permits the
garnishment of specified federal funds to satisfy support
payments.
- Part
III of the Act establishes a mechanism by which federal licences can be denied
to, or revoked from, parents who are in arrears
of child support payments.
Under the Act, a Provincial Enforcement Agency may apply to the Minister of
Justice to request that certain
federal licences, such as passports and specific
aviation and marine licenses, be denied to a debtor who is in persistent
arrears.
The licence denial process requires that the Provincial Enforcement
Agency prove that other enforcement measures have not been successful
and that
the debtor has failed to meet his or her support obligations for three payment
periods or has accumulated arrears of at
least $3,000.
- Pursuant
to the May 1, 1997 amendments, the Provincial and Territorial Maintenance
Enforcement Programs are now permitted to electronically
access the FOAEA
enforcement services.
- The
Garnisheed, Attachment and Pension Diversion Act (GAPDA), which permits
federal public service employees’ salaries and pensions to be garnished
for support enforcement purposes,
was amended on May 1, 1997. It is no longer
necessary to serve a notice of intention to garnish federal salaries, a change
that
simplifies the process and brings it into line with practices of the
provinces, territories and private industry. An applicant for
diversion of
federal civil service pensions is no longer required to be living in Canada.
The Courts have also been given authority
to deal with the diversion of specific
federal pension benefits in a more expedient manner. Under certain
circumstances, pension
diversion may occur beyond the previous maximum of 50
percent of a net pension benefit.
- The
Department of Justice Canada informs the public and members of the legal
community about the child support laws through a toll-free
information line, an
Internet site, a number of publications including Federal Child Support
Guidelines: A Guide to the New Approach; and A Workbook for Parents.
The department also publishes a reference manual for lawyers and judges,
which was recently expanded to include model case studies
and additional
articles by practitioners.
Factors, Difficulties, and Progress
- Under
the Action Plan for children, the Department of Justice Canada
established a fund to provide resources to provinces and territories to improve
child and spousal
support enforcement programs. The financial assistance
provided enhanced communications between jurisdictions, the testing of
innovative
projects and the implementation or updating of automated information
systems. The five-year program ended March 31, 1996.
- The
Report of the Joint Parliamentary Committee on Custody and Access,
completed in December 1998, references issues surrounding the Federal Child
Support Guidelines. During its research, both Committee members and
witnesses frequently commented on the Guidelines. In particular, fathers’
groups and some Committee members linked the Guidelines to custody and access
issue.
- The
Canadian Centre for Justice Statistics (CCJS), a division of Statistics Canada,
is implementing the national Maintenance Enforcement
Survey. To date, the CCJS
has released a preliminary report containing data from three provincial
jurisdictions.
- Justice
Canada is planing a number of studies and analyses to provide baseline
information about the broader social context of the
child support guidelines and
enforcement initiatives. These studies will be based on Statistics Canada and
Revenue Canada databases
that contain information on divorce, separation, child
and spousal awards, custody and access arrangements and the Canadian family
in
general.
Priorities and Goals
- Section
28 of the Divorce Act requires the Minister of Justice Canada to prepare
a report to Parliament on the substantive and functional aspects of the
Federal Child Support Guidelines by May 1, 2002. During the
Parliamentary hearings regarding the Guidelines, the Minister of Justice
committed to consulting with
the public on the research needed to prepare the
report to Parliament. A program of empirical and legal research has been set in
place to monitor the extent to which the Guidelines meet their stated
objectives: to protect children's right to an appropriate level
of child
support; ensure that payers with the same level of income pay the same amount;
reduce conflict between parents; and reduce
legal and court
costs.
- The
Department of Justice Canada participated in the development of specific
questions on custody, access and child support for the
family and custody
history section of the National Longitudinal Survey of Children and
Youth (NLSCY). The report will be available in the Spring of
1999.
- The
Department of Justice Canada will be working with Family Mediation Canada,
continuing legal education organizations, and public
legal education and
information organizations to develop materials and education and training
programs on child support directed
at lawyers, judges, mediation professionals,
and special-needs parents and youth.
Institutions and Mechanisms
- A
Federal/Provincial/Territorial Task Force was established in 1996 to ensure
effective implementation of child support reforms.
The Task Force is
responsible for implementing, monitoring and communicating legislative changes
to Canada's child support system.
This includes the introduction of federal
guidelines to establish fairer and more consistent child support payments, and
additional
enforcement procedures to help provincial and territorial enforcement
agencies ensure that family support obligations are respected.
- The
Funding Program component of the Child Support Guidelines Initiative
contains 4 program elements: an implementation component;
an
enforcement component; public legal education, information and intermediary
training; and professional training.
- The
Department of Justice Canada works with, and provides funding to, provinces and
territories, non-governmental organizations and
groups of professionals to
assist in the implementation of child support reforms. Activities supported
include: administrative changes,
development, testing, monitoring and evaluation
of innovative approaches; communications, public legal education and information
programs; and professional development training activities. The department also
helps non-governmental organizations develop and
deliver professional training
and public legal education and information materials. Funding provides a
mechanism for gathering information
on how legislation is implemented for future
development of government and departmental policy, legislative and program
changes.
- The
Department of Justice Canada established a network with the Departments of
Finance and Revenue to obtain information on the tax
treatment of child support
and to facilitate access to information by provinces and territories. The
Department of Justice Canada
is also working with Human Resources Development
Canada to determine how certain benefit payments will be dealt with under the
Guidelines.
Government and NGO Cooperation
- The
Government of Canada recognizes the importance of establishing partnerships
with non-governmental organizations to inform and
educate the general public,
stakeholders and divorced and separated parents. The Department of Justice
Canada has established working
relationships with Public Legal Education and
Information (PLEI) organizations to ensure that information on the guidelines is
developed
and disseminated in a manner that meets various community needs. As
well, the Department works with professional organizations,
using their
education programs and delivery mechanisms, to ensure that a wide range of
professionals involved in child support issues
are informed and educated on the
guidelines.
G. Children deprived of their family environment - Article
20
- Provincial
and territorial governments have jurisdiction over alternative care for
children.
- The
federal government provides income support of $1,020 per child in respect of
children deprived of their family environment under
the Children’s
Special Allowances Act. This amount will be increased by $250 per child by
July 2000.
- CIDA’s
humanitarian assistance work includes family reunification and alternative care
for children where possible. Between
1995 and 1997, CIDA supported Aide aux
enfants traumatisés et nonaccompagnés, a project based in
Northern Rwanda. Project objectives were to reintegrate unaccompanied children
into family environments, encourage
the adoption of children by Rwandan
families, identify and treat traumatized children and train and organize
specialized workers
to provide traumatized children with adequate and continuing
services.
H. Adoption - Article 21
- Adoption
falls within the jurisdiction of the provinces and territories.
Measures in Force
- The
National Adoption Desk, on behalf of provinces and territories (except Quebec),
develops and implements working arrangements with
other countries to safeguard
the best interests of the child. Article 21 of the Convention on the Rights
of the Child provides the guiding principles for its
activities.
- Under
self-government agreements, Aboriginal communities are assuming greater
authority on family law and adoption issues. For example,
under a recently
negotiated selfgovernment agreement, the Nisga’a First Nation’s
community governments will assume jurisdiction
for child and family services
including custody and adoption. The Nisga’a laws will be comparable to
provincial standards
and will include reciprocal arrangements between
jurisdictions.
- The
Hague Convention on Intercountry Adoption, ratified December 1996 has
entered into force for most provinces and territories. The Convention
established a framework for cooperation
between States Parties. The Convention
allows each State Party to determine how it will be implemented within their
jurisdiction.
Implementation structures, legislation, regulations, and policies
therefore vary from State to State, and Central Authorities (i.e.
provinces)
need to collaborate closely to ensure the objectives of the Hague Convention are
met. In Canada, the Minister of Human
Resources Development (HRDC) acts as the
Federal Authority, and the National Adoption Desk carries out the
responsibilities under
the Convention.
- Amendments
to Canada’s immigration regulations were required to bring them
in line with the Hague Convention. These amendments,
which came into
force on April 1, 1997, provide that in intercountry
adoptions, the Central Authorities of the receiving country
and the country
of origin must agree to a child’s placement and that immigration
requirements must be met before an immigration
visa is issued.
Factors, Difficulties and Progress
- Upon
ratification of the Convention on the Rights of the Child, in
consultation with national Aboriginal organizations, Canada entered a
reservation to Article 21. This was done to ensure that
recognition of
customary forms of care among Aboriginal peoples in Canada, such as custom
adoption, was not precluded by the requirement
in Article 21, which states that
adoptions be authorized by competent authorities, in accordance with applicable
laws and procedures.
Priorities and Goals
- The
National Adoption Desk is giving priority to promoting the Hague Convention in
Canada and abroad. It focuses on facilitating
the cooperation among Central
Authorities in Canada and, where required by provinces and territories, between
Central Authorities
in Canada and foreign Central Authorities.
I. ABUSE AND NEGLECT - ARTICLE 19
Measures in Force
- In
its Concluding Observations on Canada’s First Report, the UN
Committee on the Rights of the Child stated that further measures need to be
considered to effectively prevent and combat
all forms of corporal punishment
and ill-treatment of children in schools or institutions where children may be
placed. The Committee
also referenced the existence of child abuse and violence
within the family and insufficient protection afforded by existing legislation
in that regard.
- The
Criminal Code of Canada contains several provisions to protect children
and youth from all forms of sexual abuse, including: sections 151 (sexual
interference),
152 (invitation to sexual touching), and 153 (sexual
exploitation). Specific offenses in the Criminal Code concerning
parents, guardians and householders include: sections 170 (parent or guardian
procuring sexual activity), 171 (householder
permitting sexual activity) and 172
(corrupting children).
- The
Family Violence Initiative (1991-1996) supported a wide range of activities
including research, program development, demonstration
projects, evaluation
studies on existing programs, professional training, and public awareness and
education. The current Family
Violence Initiative (1997-2002) continues these
activities through the funding of numerous information, training and evaluation
projects.
- Two
components of the initiative are The National Clearinghouse on Family Violence
and the Family Violence Prevention Unit. The National
Clearinghouse on Family
Violence provides support to front-line workers, health professionals,
educators, law enforcement officials
and others in the prevention and treatment
of all forms of child abuse and neglect. Health Canada is the lead department
on this
initiative, and provides leadership in the prevention of family violence
through the coordination of federal action and collaboration
with voluntary and
corporate sectors, national professional associations and provincial and
territorial governments.
- Since
the 1970s, the Canada Mortgage and Housing Corporation (CMHC) has
financed the building or renovation of shelters for women
and children
fleeing domestic violence. In 1992, in partnership with the Family Violence
Initiative, CMHC launched the Next Step
Program to provide capital funding for
nonprofit organizations to build second stage housing, provide transitional
housing with more
security, support services, and to permit longer stays than
first stage emergency shelters for women who have left abusive domestic
situations. During the five-year program, 174 secondstage units were
developed.
- A
national consultation hosted by CMHC in 1994 indicated a need to ensure that
existing shelters are safe and secure and that they
address the special
needs of children, persons with disabilities and older Canadians. In
addition, a lack of shelters was identified
in northern and remote regions. In
response, the Shelter Enhancement Initiative (SEI) was established to renovate
and upgrade existing
shelters and to develop a limited number of new emergency
and second stage units. Between 1995 and 1997, CMHC directed the enhancement
of
4,448 bed/units and the development of 61 emergency beds and 22 second stage
units. Additional federal funding extended the SEI
project to March 31,
1998.
- The
Department of Indian Affairs and Northern Development (DIAND) and Health Canada
provide funding for First Nations family violence
prevention projects on
reserves. In 1996-97, DIAND funded 321 projects in this
area.
Factors, difficulties and progress
- In
its Concluding Observations, the UN Committee on the Rights of the Child
asserted that existing Canadian legislation does not adequately protect children
from
abuse and neglect. The Government of Canada’s view is that in
addition to the protection provided in criminal legislation,
all provinces and
territories have child welfare legislation that permits authorities to remove a
child from a home when in danger
of physical or emotional abuse, including
neglect. The Government of Canada has been seeking to reinforce and clarify
protection
under the Criminal Code.
- The
Criminal Code applies to actions taken against children as well as
adults. However, s. 43 of the Criminal Code permits a parent,
teacher or person acting in the place of parent to invoke a defence to a
criminal charge where the parent, teacher
or adult acting in place of the parent
uses reasonable force against a child by way of correction. A non-government
organization,
Canadian Foundation for Children, Youth and the Law, has received
funding from the government-funded Court Challenges program to
apply to a
Canadian court for a determination as to whether s. 43 of the Criminal Code
infringes children's constitutional rights under the Canadian Charter of
Rights and Freedoms.
Priorities and Goals
- Health
Canada continues to promote research on alternative methods of punishment and
also works, through various media, to increase
public awareness of family
violence. A current example of the latter function is the Family Violence
Prevention Unit’s funding
of a music video for children and adults on the
subject of alternatives to corporal punishment.
- Health
Canada is also supporting the development of the Canadian Incidence Study of
Reported Child Abuse and Neglect (CIS), which studies the incidence of
several types of abuse. Also, through the Reporting and Classification of Child
Abuse in Health
Care Settings Project, the department has supported research on
the ways in which selected Canadian pediatric hospitals classify
and report
child abuse.
- In
June 1997, DIAND and CMHC announced they would jointly fund the capital costs of
building 10 new family violence emergency shelters
across the country. They
expect the centres to be in operation by the end of 1999.
Government and NGO Cooperation
- The
Child Welfare League of Canada, with financial support from Canadian Heritage
and Health Canada, has developed resources to promote
healthy parenting and
disseminate information on child abuse in 11 languages. The brochures were
distributed to organizations that
provide family services to ethnocultural
communities as a way of helping parents better understand the Canadian system to
protect
children from abuse.
- Status
of Women Canada, a federal agency, provides funding assistance to organizations
in support of advancing gender equality, including
those which support actions
and strategies that address the impact of family violence on girls. These
initiatives include public
education activities and the development of action
plans aimed at preventing sexual abuse, workshops in schools to address issues
such as dating violence and sexual harassment and protocols to improve community
responses to the needs of girls. For example, the
agency has provided financial
support under the Family Violence Initiative to an alliance of 5 research
centres on family violence
and violence against women. The funding supports the
alliance in its development of recommendations for a national strategy for
the
prevention of violence to female children.
- The
Government of Canada is allocating $2.75 million per year to a non-governmental
group to cover legal costs associated with cases
of national significance in
further defining the nature and extent of constitutionally-based rights
contained in the Canadian Charter
of Rights and Freedoms. Cases encompass
issues such as the aforementioned issue of corporal punishment of children, the
right to
education in a minority official language, and protection of children
with disabilities, among others. The government’s objective
is to
contribute to an uptodate body of legally-protected individual rights, with
special attention being paid to traditionally disadvantaged
segments of our
society.
- Health
Canada supports a range of activities to improve understanding of child abuse
and its health consequences, to identify best
practices through research, data
gathering and evaluation activities. Moreover, Health Canada promotes increased
public and professional
awareness, particularly in the health field, about the
causes and consequences of child abuse. Participation in these activities
is
ongoing with a number of advisory groups.
VI. BASIC HEALTH AND WELFARE
- In
Canada, responsibility for services to improve the basic health and well-being
of Canadians is shared between the federal, provincial
and territorial
governments.
- Provincial
and territorial governments are responsible for the delivery of Canada's health
care and hospital services. In partnership
with provincial and territorial
governments, the Government of Canada provides national leadership to develop
health policy, test
ways the health care system can be improved, enforce health
regulations, promote disease prevention and enhance healthy living for
all
Canadians. The federal government also ensures that health services are
available and accessible to First Nations and Inuit
communities. It also works
closely with other agencies and health stakeholders to reduce health and safety
risks to Canadians.
- With
regard to the range of social services, including income security, child and
family services, employment insurance, services
for disabled persons and housing
services, responsibilities are shared between governments, and are described in
greater detail throughout
this chapter.
- The
federal government shares in the cost of these health and social services
through annual Canada Health and Social Transfer (CHST)
allocations. The 1996
Federal Budget introduced the Canada Health and Social Transfer (CHST),
replacing both the Canada Assistance
Plan (CAP) and Established Programs
Financing (EPF). Under the CHST, federal funds which support post-secondary
education, health,
social services and social assistance are transferred to the
provinces and territories in a block fund. Compared to previous programspecific
approaches, the CHST allows provinces and territories to allocate resources at
their discretion directly into the areas which they
have identified as in need.
The CHST also increases provincial/territorial flexibility in the development
and delivery of social
programs, including child care and services for disabled
children. As under the Canada Assistance Plan, the CHST continues to permit
provinces and territories to establish welfare rates and eligibility
criteria.
- The
CHST includes a fiveyear funding arrangement through which fiscal transfers are
maintained and then increase according to a formula
tied to GDP. For 200001,
entitlement will grow at 2 percent less than the growth rate of GDP. The rate
of entitlement growth will
then accelerate in 200102 and 2002-03 to 1 percent
less than the growth rate of GDP. The resumption of entitlement growth is
designed
to first stabilize, and then restore the CHST cash component. To
provide additional security, legislation has set a minimum transfer
level
throughout the fiveyear fiscal arrangement.
- Aboriginal
communities are taking more control over the governance of their membership,
including such matters as the design and delivery
of health and welfare services
and programs. The Government of Canada is facilitating this through the
Inherent Right Policy described in this Report under General Measures
of Implementation. In response to the recommendations of the Royal
Commission on Aboriginal Peoples and the Government’s Gathering
Strength Action Plan, this policy framework is being adjusted to stress the
renewal of government-to-government relationships with Aboriginal communities.
Emphasis is placed on strengthening Aboriginal governance through
capacity-building in the transition to selfgovernment.
A. Disabled Children - Article 23
Measures in Force
- The
Vocational Rehabilitation of Disabled Persons Act (VRDP) enabled the
Government of Canada, under timelimited agreements, to contribute 50 percent of
approved costs incurred by provinces
and territories in providing programs to
enable persons with disabilities to pursue employment. The VRDP has been
replaced by a
considerably enriched Employment Assistance for Persons with
Disabilities (EAPD) program, funding for which was increased starting
in 199899.
- From
1991 to 1996, the National Strategy for the Integration of Persons with
Disabilities funded the identification, development and dissemination of
model programs and policies to deal with the needs of children with disabilities
in daycare, child care and school settings. Work is now underway on the
Federal Disability Strategy, which will focus on laying the foundation
for sustained action towards a vision of full participation for people with
disabilities.
- The
federal government has announced a number of new tax-related initiatives to help
disabled persons, including disabled children.
First, tax assistance for the
care of infirm dependents has been increased by close to 50 percent. Also, a
number of new tax measures
have been introduced to reflect disability costs
(including those related to children). The list of expenses eligible for the
medical
tax credit has been broadened, the $5,000 limit on attendant care
expenses has been removed, and entry of goods designed for the
use of persons
with disabilities will be duty free. Further, existing homeowners have been
provided with tax assistance to purchase
a more accessible home or a home for a
disabled dependent relative, and the service of providing temporary care to a
disabled person
who has limited means of self supervision or self-care, will be
exempt from the federal value-added tax. In addition to these tax
measures,
grants for students with disabilities have been introduced to better enable them
to pursue their studies.
- Many
federallysponsored housing programs include special provisions for persons with
disabilities. A significant proportion of nonprofit
dwellings house people with
physical disabilities, and many of these units incorporate special design
featuresPriority is given to
making shelters accessible to women with
disabilities and funding units suitable for people using wheelchairs. These
programs not
only help those children who have disabilities, but also help to
keep disabled family members within a domestic setting.
- Since
1981, the Rehabilitation Residential Assistance Program (RRAP) for
Persons with Disabilities has provided loans and grants to cover the cost
of major home modifications or repairs that assist in independent living. This
program is available to all persons with disabilities, including children.
Funding for the RRAP program has been extended
to 2003.
- Parents
of children with disabilities are entitled to 4 tax credits: the disability tax
credit, the medical expense tax credit, the
refundable medical expense tax
credit, and the child care expense deduction.
- CIDA
contributes to efforts to eliminate iodine deficiency disorder which is the most
common nutritional disorder in the world and
causes mental impairments in
children. In 19961997, the Asian Regional Iodine Deficiency Control
Project supported programs in Bhutan,
Cambodia, China, India, Indonesia, Laos,
Maldives, Myanmar, Nepal, Pakistan, Sri Lanka, Thailand and
Vietnam.
Factors, Difficulties and Progress
- The
1998 Federal Budget increased the Canada Study Grant for Students with
Disabilities, which covers exceptional costs related to permanent
disabilities, including tutors, interpreters and special
equipment.
- While
a range of national measures exist for data collection and analysis related to
health and well-being, some of which include information on
disabilities, there is no national collection, synthesis and analysis
of data
and information related specifically to children with disabilities.
- Improved
knowledge and technology has meant that more children survive chronic
disabilities such as cystic fibrosis, muscular dystrophy
and cerebral palsy.
The number and level of services required to address the needs of these children
and their families will likely
increase as they seek to improve their living
conditions.
- Improved
knowledge of early fetal and infant development is likely to lead toward the
identification of a greater number of genetic
and biological links with
developmental disabilities Accordingly, there is a need to set safeguards
against the potential dangers
of genetic screening
and genetic therapy. Possible concerns include freedom of choice of the
individual and privacy. The ethical and legal aspects of
confidentiality should
be addressed because genetic information is both an individual and a family
concern.
Priorities and Goals
- In
1996, the government appointed the Federal Task Force on Disability Issues to
consult with the disability community and develop
recommendations for future
policy directions. An initial outcome of the task force was the extension of
the Vocational Rehabilitation of Disabled Persons Act (VDRP). The 1997
federal Budget further reflected 2 key findings of the task force: tax reform to
better reflect the cost of a disability,
as well as measures to reduce barriers
to employment for people with disabilities. Many of the recommendations of the
task force
have been implemented (see “Progress”
above).
- In
Unison, a federal/provincial/territorial initiative, sets out a vision and
policy framework for the full participation of persons with disabilities
in all
aspects of Canadian society.
Institutions and Mechanisms
- The
Office of Disability Issues (ODI), within Human Resources Development Canada
(HRDC), works to ensure the equitable access and
effective participation of
Canadians with disabilities in all activities within federal jurisdiction.
While HRDC does not have a
specific program or service mandate with respect to
children with disabilities, ODI does have a mandate to look broadly at the
implementation
of human rights measures as they apply to all persons with
disabilities, including children.
Government and NGO Cooperation
- Health
Canada, with the Active Living Alliance for Canadians with a Disability (ALACD)
and its partner organizations, provides teachers
with materials that facilitate
the inclusion of students with disabilities in physical activity programs of
schools. In partnership
with the provincial and territorial Ministries of
Education, ALACD provides classroom tools to teachers and promotes awareness of
the program.
- In
collaboration with the Government of Canada, the Learning Disability Association
of Canada developed 2 manuals of resources, materials
and techniques for parents
of children with learning disabilities.
- The
Open House Program of the Department of Canadian Heritage provides funding to
NGO’s to organize reciprocal group exchanges.
Special consideration is
given to certain target groups, among which is “youth with
disabilities”.
B. Health and Health Services - Article 6 & 24
Survival and Development - Article 6
- Research
on child development has shown that the well-being of a child in the first few
years of life has a long-term impact on health,
cognitive capacity, coping
skills and socialization. Accordingly, the Government of Canada is committed to
giving children a better
start in life through prevention and intervention
programs designed to address conditions of risk during the earliest years of a
child's life.
- In
addition, federal, provincial and territorial governments, with the support of
an active voluntary sector, provide a range of health
and social services
designed to provide Canadian children with optimal conditions for growth and
development.
Measures in Force
- The
Community Action Plan for Children (CAPC) enables communities to design and
develop programs to address the health and development needs of children from
birth to age
six. CAPC focuses on children at risk, including children living
in low-income families, children living in teenage-parent families,
children
experiencing developmental delays, social, emotional or behaviourial problems,
or abused and neglected children. More than
350 CAPC projects serve 56,000
children and their parents each week. CAPC is jointly managed by the federal,
provincial and territorial
governments through a series of
protocols.
- The
impact and benefits on the health and social development of children from CAPC
programs are monitored through an on-going evaluation
process at the national,
regional and local levels. CAPC projects are evaluated through a variety of
methodologies, including observation
and epidemiological
studies.
- The
Canada Prenatal Nutrition Program (CPNP) provides resources for communitybased
groups to develop or enhance programs for pregnant
women who are at risk due to
poor health and nutrition. Projects supported by CPNP include food
supplementation, nutrition education
and counselling services on issues
such as alcohol abuse, stress and family violence. In 1999, there
were 280 projects across Canada
and in 400 First Nations and Inuit communities.
Additionally, the program will be expanding and the number of women served will
grow from approximately 20,000 per year to 35,000.
- The
1997 Federal Budget expanded the CAPC and the CPNP by providing additional
funding over 3 years starting in 1997-98. In turn,
the 1999 Federal Budget
increased funding for the CPNP over three years. The additional funding
announced in 1999 will help expand
the reach and number of CPNP projects. As a
part of the CPNP, the government will increase its prevention and public
education efforts
for Fetal Alcohol Syndrome (FAS) and Fetal Alcohol Effects
(FAE) in cooperation with provincial and territorial governments, First
Nations
and Inuit communities and other NGOs and community organizations. The capacity
of the Canadian
Perinatal Surveillance System (CPSS), which collects, analyzes and reports
data about the health of pregnant women, mothers and infants,
will also be
increased as part of the ongoing evaluation of the CPNP.
- In
the Concluding Observations to Canada’s First Report on the
Convention on the Rights of the Child, the Committee on the Rights of
the Child gave special emphasis to Aboriginal health programs. In the present
reporting period,
the Government of Canada has developed and supported the
Aboriginal Head Start (AHS) program, an early intervention initiative
that addresses the needs of Aboriginal children living in urban centres and
northern
communities. Early intervention typically includes parental
involvement, early childhood and nutrition education and other social
services
for children and families. For example, resources from this program have been
used to support 98 pre-school early development
centres serving 3,500 First
Nations, Inuit and Métis children ages 0-6. The centres focus on school
readiness and include
cultural and language components.
- In
1995, National Guidelines for Childhood Immunization Practices were
drafted by the National Advisory Committee on Immunization (NACI) following an
extensive consultation process. The guidelines
are an integral part of
achieving Canada’s goals and targets for vaccinepreventable diseases of
infants and children. Their
purpose is to achieve a standard of practice that
will ensure vaccines are handled properly and delivered to all children as
recommended
by provincial and territorial programs.
- Immunization
practices have had a positive effect on child health in Canada. For example,
the Hib conjugate vaccine, which since
1992 has been routinely given to infants,
has reduced the incidence of infant meningitis by 85 percent. In 1996, the
introduction
of a two-dose measles vaccine program has significantly reduced the
transmission and incidence of measles.
- Health
Canada has strengthened national surveillance and risk assessment; targeted
research in the areas of vaccine efficacy; undertaken
cost benefit studies of
various prevention strategies; completed vaccine comparisons; and conducted
investigations of adverse events.
A national public health goal for the
elimination of measles by the year 2005 has been established and a consensus
conference was
held on the development of computerized immunization
registries.
Factors, Difficulties and Progress
- Funded
by Health Canada's Women's Health Bureau, the Adolescent Girls and Young
Women Health Strategy is a research project of the British Columbia Centre
of Excellence for Women's Health. The project aims to develop innovative
approaches
for empowering adolescent girls and young women through their
participation in and direction of research that addresses their health
issues.
Another goal of the project is to produce a research protocol that addresses the
difficult ethical and jurisdictional issues
involved in researching children and
youth, particularly young women.
- The
Government of Canada is using extensive national and international surveillance
networks to create a picture of child health risks,
patterns and trends across
Canada. Health
Canada collects data on the identification, investigation, prevention and
control of diseases
as well as health policy information from various
agencies, programs and jurisdictions.
The information is used for disease
prevention and control, as well as for policy
development.
Aboriginal Children
- Generally
speaking, children in Canada enjoy a healthy start in life. However, despite
significant gains, the majority of Aboriginal
children still fall below the
Canadian average in a range of child health indicators. This discrepancy is a
concern for the Government
of Canada and is the focus of a number of initiatives
for Aboriginal peoples.
- The
First Nations and Inuit component of the Brighter Futures Initiative
(BFI) provides funds for community-based mental health and child development
initiatives. The government also provides funding and
technical expertise to
communities through the Indian and Inuit Healthy Babies Program. Moreover, it
assists in the development of
community programs in the areas of parenting
skills, childhood injury prevention, youth activities, community mental health
programs,
solvent abuse and prenatal nutrition.
- The
Building Healthy Communities (BHC) initiative, launched in 1994-95,
continues to enhance and expand existing health programs and respond to urgent
needs of First
Nations and Inuit peoples. It addresses priorities in the areas
of mental health, solvent abuse, and home care nursing and includes
a transfer
strategy to facilitate community control of health resources.
Priorities and Goals
- The
Government of Canada is committed to expanding the current Aboriginal Head Start
Program to serve on-reserve populations. It
is expected that more than 120
First Nations communities will operate Head Start programs.
- The
Government of Canada has established national surveillance networks to collect,
analyse and disseminate health information on
cancer, youth risk behaviour,
perinatal health, child abuse and neglect, diabetes and asthma. The networks
include the First Nations
Health Information System, the National Health
Surveillance System and the Canada Health Information System.
Institutions and Mechanisms
- The
Department of Indian and Northern Affairs Development, Health Canada and Human
Resources Development Canada, in partnership with
First Nations, are responsible
for most social and health-related programs on reserves. These 3 departments
are committed to coordinated
program design, delivery and communication to
improve the well-being of First Nations and Inuit children and
youth.
Government and NGO Cooperation
- The
Canadian Institute of Child Health (CICH) is a national nonprofit organization
dedicated to improving the health and wellbeing
of children and youth in Canada.
In 1997, CICH published The Canadian Girl Child: Determinants of
the Health and Well-being of Girls and Women, which examines growing up
female in Canada. As a follow-up activity, CICH is developing a project for a
“Girl Child Electronic
Network” in Canada and overseas. The network
will provide an educational and informational resource for young women and
health
care and social service providers. Partners in this project include
Health Canada's Women's Health Bureau, World Vision Canada,
Save the Children
Canada, Foster Parents Plan of Canada and the Christian Children's Fund of
Canada.
- In
1996, Health Canada and the Canadian Pediatric Society released the Joint
Statement on Prevention of Fetal Alcohol Syndrome (FAS) and Fetal Alcohol
Effects (FAE) in Canada, the product of 19 national voluntary associations
representing medical, nursing and midwifery disciplines, and Aboriginal and
multi
cultural groups The statement provides relevant and factual information to
guide health professionals in the treatment and counselling
of women, their
partners and families with respect to alcohol intake during
pregnancy.
- In
cooperation with the Aboriginal Nurses Association and under the guidance of a
National First Nations Working Group, Health Canada
developed It Takes a
Community, a resource manual on Fetal Alcohol Syndrome/Fetal Alcohol Effects
(FAS/FAE) prevention strategies for community workers. The government
has
integrated these strategies into community-based initiatives such as the Canada
Prenatal Nutrition Program, the National Native
Alcohol and Drug Abuse Program
and the First Nations and Inuit Component of Brighter Futures
Initiative.
- Health
Canada, the Association of Canadian Distillers and the Brewers' Association of
Canada, in partnership with the Canadian Centre
on Substance Abuse, provide
support for a national resource centre on FAS/FAE. This service, accessible by
a toll-free number, was
implemented in April 1994, and provides expertise as
well as information about support groups and prevention projects on
FAS/FAE.
- In
Canada’s First Report on the Convention on the Rights of the Child,
the federal government identified prenatal nutrition as a priority area. In
1998, the Canadian Pediatric Society, Dietitians of
Canada and Health Canada
released Nutrition for Healthy Term Infants, a new national statement on
nutrition for healthy term infants from birth to 24 months. The document
summarizes the existing scientific
literature on infant nutrition and presents
principles and recommendations to help health care professionals promote
optimal, evidencebased
nutritional care for infants in Canada.
- The
appropriate dosage and use of both prescription and non-prescription drugs is an
important consideration for children’s
safety and well-being. In 1996,
Health Canada, the Canadian Pharmaceutical Association and the Canadian
Pediatric Society jointly
reviewed the labeling of selected drugs, resulting in
revisions to the directions for use of some drugs for children.
- In
1996, Health Canada and the Canadian School Boards Association produced a joint
publication, Anaphylaxis: A Handbook for School Boards. This
resource provides guidance to schools in developing policies to manage issues
around serious allergic reactions to foods,
and has been broadly promoted across
Canada.
- In
1995, the Canadian Institute of Child Health and Health Canada published the
Survey of Routine Maternity Care and Practices in Canada. The report
provides updated and expanded baseline data related to pre-natal, maternal and
infant health.
- In
1992, Health Canada, in conjunction with community organizations, developed the
Canadian Children’s Safety Network, to help reduce the incidence of
injuries to children under the age of seven, especially among disadvantaged and
Aboriginal peoples.
The Network strengthens existing injury prevention
initiatives, enhances partnerships, provides a wider forum for the exchange of
information and increases public awareness. The Network’s electronic
component was developed from 1994 to 1996.
Health and Health Services - Article 24
- Total
health expenditures (public as well as private) in Canada represent 9.0 percent
of GDP in 1997, a decrease from 9.2 percent
in 1996. The latest data indicate
that in 1998, this trend was reversed: 1998 expenditures as a share of the
economy increased slightly
to 9.1 percent. Public sector health
expenditures grew 3.7 percent from 1997 to 1998, up from an increase of 1.5
percent between
1996 and 1997, and 0.2 percent between 1995 and
1996.
- The
Canadian health care system ensures that all residents of Canada have reasonable
access to insured health care services on a prepaid
basis. The system is an
interlocking set of provincial and territorial health insurance plans,
resulting from the constitutional
assignment of most aspects of health care to
the provincial/territorial level of government. The federal government assists
in the
financing of provincial/territorial health care services through the
Canada Health and Social Transfer (CHST).
- The
Canada Health Act (CHA), passed by Parliament in 1984, is the cornerstone
of the Canadian health system, affirming the federal government’s
commitment
to a universal, comprehensive, portable and public administered
health insurance system. The CHA aims to ensure that all residents
of Canada
have access to necessary health care on a pre-paid basis.
- The
federal government is committed to increasing transfers to provinces and
territories for strengthening health care for Canadians.
The 1998 budget
increased the amount of the transfers under the CHST by $7 billion
over 5 years (1997-98 to 2002-03). In addition,
the 1999 budget
increased the transfers by $11.5 billion over 5 years starting
in 19992000, specifically for health care.
- Since
the mid-1980s, the Government of Canada has worked to transfer resources for
community health programs and the operation of
health facilities to Aboriginal
community administration. There are now 107 signed transfer agreements
(representing 209 communities)
and over 265 First Nations communities are in the
planning stages of transfer.
Measures in Force
- The
Hazardous Products Act empowers the Government of Canada to regulate or
ban products that present a danger to the health or safety of Canadians,
including
children. The Product Safety Program of Health Canada regulates and
provides information on the safety of toys, children’s
furnishings,
children’s clothing, household products, child-resistant closures on
chemical products and child-resistant lighters.
The program also provides
public education and information programs on product safety issues. Health
Canada encourages the development
of voluntary industry standards for
children’s products.
- The
Tobacco Act came into force on April 25, 1997. The Act governs the
manufacture, promotion, labeling and sale of tobacco products, and reflects
the Supreme Court of Canada’s 1995 ruling on tobacco advertising
restrictions. A key component of the Act is to protect the
health of young
people by prohibiting sales of tobacco to minors.
- The
Tobacco Demand Reduction Strategy (TDRS), initiated by the Government of Canada
in 1994, specifically targeted youth for tobacco
prevention, protection and
cessation activities. Under the 1996 Tobacco Control Initiative (TCI), the
strategy was enhanced and
extended for a five year period. Key components of
the initiative are legislation and regulation, enforcement, research and public
education. The public education component aims to improve the overall health
and quality of life of Canadians, especially young
Canadians, by reducing
tobacco-caused illness and death through a balance of activities focused on
prevention (helping non-smokers
to remain smoke-free), protection (protecting
the health of non-smokers), and cessation (encouraging and helping those who
want to
quit).
- The
TDRS also supports First Nations and Inuit communities in their efforts to
reduce the non-traditional use of tobacco through prevention,
education,
awareness and research programs.
- The
Canadian Environmental Assessment Act, approved in 1995, is jointly
administered by Health Canada and Environment Canada. Under the Act, federal
departments and agencies
are required to assess the environmental implications
of all their projects. The Act also ensures that decision-making is a clear
and
transparent process that takes into consideration environmental, health and
economic factors, and public concerns.
- The
Government of Canada has developed several programs and initiatives to help new
parents make informed decisions about breast-feeding,
including the Postpartum
Parent Support Program, the Social Marketing Breast-feeding Strategy, and parent
resources such as 10 Great Reasons to Breast-feed and 10 Valuable Tips
for Successful Breast-feeding. In 1995, the Health Canada Study of
Attitudes on Breast-feeding provided an increased understanding of the
attitudes, behaviours and experiences of women of childbearing age related to
breast-feeding,
and will guide the development of strategies to increase the
initiation and duration of breastfeeding among women in Canada.
- The
Postpartum Parent Support Program (PPSP) is a community-based health
promotion program designed to meet the educational needs of the parents of
newborn children.
The program provides clear, consistent answers to questions asked by parents,
family members and health professionals. As outlined
in Canada’s First
Report, PPSP materials are available in 15 languages in addition
to English and French.
- In
its efforts to prevent, control and treat HIV/AIDS, the Government of Canada
actively supports the sharing of best practices among
health and social service
providers. It also supports a strong, Canada-wide, community-based
infrastructure that responds to the
changing face of HIV/AIDS, including
education and prevention resources for children and youth, First Nations and
Inuit communities.
- The
Government of Canada monitors childhood illness, injury, death and associated
risk factors, such as sexually transmitted diseases
(STDs) through national
surveillance and assessment programs. For example, the Canadian Hospital Injury
Reporting Prevention Program
(CHIRPP) collects and analyzes data on injuries and
poisonings from the emergency departments of 16 hospitals across Canada, both
pediatric and general. Since 1990, CHIRPP has collected data on injuries
sustained at sporting and leisure activities, daycare centres
and the home.
Surveillance data is used in public health, clinical practice, health advocacy
and research settings to develop and
evaluate policies and
programs.
- In
its 1999 Budget, the Government of Canada announced that it is working with
Aboriginal stakeholders to develop an Aboriginal Diabetes Strategy, which
will include an emphasis on diabetes among children. The strategy will address
the training of health professionals, the
tailoring of services including
prevention, diagnosis and treatment, and the strengthening of research in this
area.
- Although
legislation requiring the use of child restraints for children under 20 kg in
motor vehicles is a provincial and territorial
responsibility, Transport Canada
is responsible for the Child Seats and Restraints for Vehicles Program under the
Motor Vehicle Safety Act. This program regulates child restraint
systems, provides information on correct use, and issues notices of defective
seats.
- The
Canadian Agricultural Injury Surveillance Program (CAISP) is a national program
funded through the Canadian Agriculture Safety
Program (CASP) of Agriculture and
Agri-Food Canada and administered by community-based agencies within each
province. The main purpose
of the CAISP is to collect and interpret information
on agricultural injuries from across Canada. In October 1998, the CAISP
released
the report entitled Fatal Farm Injuries in
Canada,
19911996 and in March 1999, released Hospitalized Farm Injuries in
Canada, 19901996.
International Cooperation
- CIDA
makes a significant contribution to improving the health of children in
developing countries and countries in transition in Central
and Eastern Europe.
Adopted in 1996, CIDA’s Strategy for Health has identified
children’s health and nutrition as key objectives. It outlines
initiatives to strengthen primary health care,
fully immunize every girl and boy
to protect against diseases such as polio and measles, reduce child malnutrition
and eliminate
micro nutrient deficiencies, promote reproductive health, and
strengthen health promotion and education for children and adolescents
through
school-based programs. The Strategy for Health provides guidance for
CIDA’s programs branches in designing and assessing programs and projects
in the health sector, as well
as in other sectors, within the context of overall
strategies to support sustainable human development.
- CIDA
is the lead bilateral donor in the fight against micro nutrient malnutrition.
This assistance is contributing to the elimination
of iodine deficiency through
salt iodization and vitamin A deficiency through the distribution of vitamin A
capsules during national
immunization days. It will also facilitate integrated
child health and nutrition programming, including child health days, to ensure
high cost effectiveness through development assistance. Among its initiatives
to reduce micro nutrient malnutrition, CIDA has contributed
to the Global
Vitamin A Project, the South Asia Micro nutrient Commodities Project, the Micro
nutrient Commodities Project, the Food
Fortification Research and Development
Project, the MICAH Project, and the Nutrition and AIDS project. CIDA works
closely with multilateral
institutions such as the Micro nutrient Initiative and
UNICEF on these efforts.
- CIDA
is concerned that many countries of the world are experiencing alarmingly high
rates of maternal and infant morbidity and mortality.
From 1988 to 1998,
through the PanAmerican Health Organisation, CIDA worked on the Perinatal
Health Care Project with communities and health workers in Latin America to
develop innovative tools, technologies and training in an effort to decrease
maternal and infant morbidity and mortality in areas from periurban slums to
rural agricultural communities.
- The
HIV/AIDS pandemic is another crucial health issue that CIDA is addressing. For
example, CIDA is supporting the Role of Nutrition in Reducing AIDS-Vitamin A
Zvimbato Trial Project in Harare, Zimbabwe to determine whether a single
high dose of vitamin A to the mother and/or her infant can decrease HIV
transmission
during breast-feeding. The project began in 1997 and is expected
to be a six-year project. This research is important because it
seeks to
preserve breast-feeding especially in countries where women lack access to food
supplements and the hygienic conditions
needed for formula preparation.
Balancing the rights of women and infants under these difficult circumstances is
a complex process
and CIDA is assisting research to better address these
issues.
- Beginning
in 1995, phase II of the SADC AIDS Training Program is another innovative
project supported by CIDA in the area of HIV/AIDS. The project aims to promote
and assist community-based
prevention, support, coping and care responses to the
HIV/AIDS epidemic in Southern Africa. Particular attention is given to those
most vulnerable to HIV/AIDS and promoting peer education, HIV prevention,
psycho-social health and community care and advocacy.
Phase II will be
completed in 2001. The Whole Child Health Project, undertaken in Zambia
in 1997, also supported poor children by aiming to reduce their vulnerability to
hunger, illiteracy, HIV/AIDS
and other diseases, especially orphans and to
provide HIV/AIDS prevention knowledge to them.
- Canada
is the lead government supporting international tobacco control. This is
important for children's health for the following
reasons: children born of
smoking mothers are
often smaller compounding the problem of low-birth weight in developing
countries; children exposed to tobacco smoke have more respiratory
infections;
and children are being targeted aggressively by tobacco companies.
- Finally,
CIDA is providing high quality reproductive health services for women and girls.
In Latin America, in partnership with Planned
Parenthood Federation of Canada,
CIDA is focusing its efforts on adolescents in a project strategy that
recognizes that young people
need to gain the knowledge, attitudes and skills
that become the foundation for healthy adulthood. The project, Adolescent
Sexuality & Reproductive Health runs from 1997-2000. It fosters
innovative approaches to family planning and reproductive health, especially
targeting adolescents
to help them make informed decisions.
Factors, Difficulties and Progress
- Improvements
in medical treatments, living conditions, and infectious disease control have
contributed to the improved overall health
of Canadians, including children.
According to Toward a Healthy Future: Second Report on the Health of
Canadians, a joint initiative of the federal, provincial and territorial
governments, Canadians today generally live longer, fewer infants
die in the
first year of life and death rates from certain diseases are in decline.
However, this standard of health is not shared
equally by all Canadians. Life
expectancy is affected by level of education, income and gender. In addition,
there is increased
awareness that children’s health may also be threatened
by emerging environmental risks such as persistent organic pollutants,
pesticides, as well as airborne and waterborne pollutants.
- From
1992 to 1997, Health Canada, the Department of Justice Canada, Solicitor
General/Royal Canadian Mounted Police, and the Department
of Canadian Heritage
participated together in the Child Development Initiative (CDI). This
initiative consisted of 33 programs aimed
at children at risk due to poverty,
poor health and nutrition, mental health problems, developmental problems,
disability or injury,
or abuse and neglect. A post-program evaluation showed
that while the mandate and objectives of the initiative were relevant and
funded
activities did make a contribution to reducing the risk factors, more rigorous
interdepartmental coordination would have led
to clearer policy
development.
- During
the reporting period, the Government of Canada worked with provincial and
territorial health departments and NGOs to develop
goals to safeguard and
improve the health and well-being of all children and youth in Canada and to
enhance the quality of life for
children and families. The document Turning
Points sets out 8 national goals for healthy child development and contains
a strategic plan that necessitates cooperation among federal
departments, NGOs
and the private sector.
- Canada
maintains a partial compliance rating with the International Code of
Marketing of Breast-milk Supplements. All Canadian jurisdictions have
agreed that the Code in Canada be implemented through collaboration, education
and health promotion
rather than through legislation and regulation. Health
Canada also initiated the development of a coalition, The Breast-feeding
Committee for Canada, whose membership is composed of national health and
professional organizations and associations as well as
government and individual
breast-feeding experts.
- The
overall prevalence of smoking in the Canadian population has decreased over the
past 30 years. An evaluation of the Tobacco Demand
Reduction Strategy
(1994-1997) concluded that a wide range of factors influence and reinforce
smoking by youth, and that traditional
approaches to tobacco cessation and
prevention among youth are not always the most effective. Subsequent prevention
and cessation
efforts will build on these findings by considering the influence
of peers in young peoples’ decision to smoke or not and by
including youth
in the design and delivery of projects.
- Tobacco
consumption is an important factor affecting the health of girls and
young women. The percentage of females aged 15 to 19 who smoke rose from 21
percent in 1990
to 31 percent in 1996. Research has shown
that the initiation of smoking by girls and women is influenced by social
pressures, the
desire to lose weight or stay thin, and advertising that uses
themes of sexual attractiveness and freedom. Smoking prevention and
cessation
programs targeted at young girls will need to consider these
influences.
- From
1992-97, Health Canada sponsored the Action Plan on Health and the
Environment (APHE). Many of the activities, which included monitoring
groups at risk and facilitating individual and community action and
international
liaison, had a child focus. Through APHE, the Government of
Canada has identified strategic priorities in the control of toxic substances
in
the environment, assessment and management of bio-regional health effects,
environmentally related disease surveillance and control,
and community action
and social marketing.
- During
the reporting period, the Government of Canada renewed other major programs to
measure environmental impacts and protect the
health of Canadians, including
children. The Great Lakes 2000 Initiative has examined prenatal exposure
to organochlorines and their neurobehaviourial effects in newborns and the
impact of organochlorine
exposure on reproductive health. The initiative also
developed a cancer atlas for residents of the Great Lakes Basin. Key programs
related to Aboriginal people include the Effects on Aboriginals from the
Great Lakes Environment (EAGLE) and the Drinking Water Safety Program for
Native People.
- The
effect of environmental contaminants in air, water, soil, food and general
consumption products on children’s health is
an important concern for
Canadians. The International Joint Commission has noted that environmental
issues are increasingly gaining
public attention, scrutiny and active
participation. While there is recognition that children are at special risk
compared with
adults, much remains to be done to improve protection of
children’s health from environmental contaminants. Children are
particularly
vulnerable to environmental contaminants because they eat more
food, drink more water and breathe more per unit of body weight than
adults.
Their particular development path (crawling, mouthing) also place them at
greater risk of exposure from certain environmental
contaminants.
- The
Government of Canada believes a healthy physical environment is important for
children. The Canada Mortgage and Housing Corporation
(CMHC) provides
information on technical approaches to “healthy housing” that are
practical and affordable. CMHC is
a leader in research about housing for the
environmentally hypersensitive and publishes Building Materials for the
Environmentally Hypersensitive, a guide for home builders that includes
information about building materials, humidity and temperature
levels.
Priorities and Goals
- The
National Forum on Health, launched in 1994, examined the medium to
longterm issues facing Canada's health system to find innovative ways to
improve the health
of Canadians. The health and well-being of children and
youth was given prominent attention within the Forum’s presentations
and
recommendations. Some of Canada’s leading experts discussed the issues of
youth homelessness, childhood injuries, optimal
development of youth, child
sexual abuse and early childhood development.
- Among
the conclusions of its February 1997 report, the Forum found that improving the
health and wellbeing of children is one of the
best investments that can be made
in health care. It placed special emphasis on investments in young children,
and recommended a
broad and integrated strategy of initiatives for children and
their families. These recommendations focused on (1) programs for
pregnant
women and for children from birth to age 6, including home visits, high-quality
child care and family-friendly policies,
and (2) income support programs,
including an integrated child benefit program and taxation policies that
adequately reflect the
costs of raising children.
- The
National Forum on Health also proposed the establishment of an Aboriginal
Health Institute that would focus on Aboriginal health issues, serve as a
support
network for Aboriginal health workers in communities, provide an
evidencebased approach to health research, and meet the needs of
Aboriginal
peoples through improved health information. The Institute would also share
information within and outside Aboriginal
communities.
- The
federal government continues to work in partnership with Aboriginal communities
to delineate the scope and substance of the Aboriginal
jurisdiction over health
and to assist communities in assuming responsibility for health
services.
- In
1997, the Government of Canada announced its intention to create Centres of
Excellence for Children’s Well-Being. The vision
of the Centres of
Excellence is to enhance understanding of, and responsiveness to, the physical
and mental health needs of children
and the critical factors for healthy child
development. The Centres will be given a mandate to ensure that advanced
knowledge is
disseminated more broadly among families, community-based
organizations, educators, health professionals, and government decision-makers,
and to improve our understanding of children and what they need to develop in
healthy ways.
- The
Canadian Environmental Protection Act (CEPA) underwent a parliamentary
review in 1994-95. In 1997, Bill C-32 was tabled with a view to strengthening
and modernizing CEPA
for the new millennium. The Bill evaluates the potential
health risks of environmental contaminants, regulates the entry into Canada
of
new materials that may damage health and the environment, and assesses the
health risks of new substances, including those created
through biotechnology.
Bill C-32 is currently under consideration by Parliament.
- Canada’s
signing of the 1997 Declaration of the Environment Leaders of the Eight on
Children’s Environmental Health affirmed that children’s
environmental health is a priority. Canada is undertaking initiatives to
implement the recommendations
of the Declaration.
Institutions and Mechanisms
- The
Federal/Provincial/Territorial Committee on Population Health (ACPH) identified
broad population health strategies on which the
provincial, territorial and
federal governments could collaborate and achieve significant results. Healthy
child development is
one such priority area, and as such, a framework for a
National Strategy on Healthy Child Development has been
developed.
- The
Health of Youth: A Cross-National Survey was published in 1996 based on data
from the 1993-94 Health Behaviour in School-Aged Children (HBSC) Study.
HBSC is a collaborative cross-national research study sponsored by the World
Health Organization (WHO) and made possible by support
from the Government of
Canada. The goal of the study is to increase understanding of the
health-related attitudes and behaviours
of young people and the context in which
they develop. The publication of data collected during the 1997-98 school year
will be
released in 1999-2000.
- A
number of initiatives have been taken during the reporting period to build a
stronger health system that reflects the changing needs
of Canadians and
provides timely access to high quality health care. First, the Canadian
Institute for Health Information (CIHI) was established in 1994 as an
arm’s length body to improve the quality and availability of health
information. Also,
the federal government established the five-year Health
Services Research Fund in 1996, for research on effectiveness of
health services, and the three-year Health Transition Fund in 1997, to
help provinces launch pilot projects to investigate new and better ways to
provide health care to Canadians.
- In
1997, the government put in place a new Canada Health Information System
to
better meet information needs with a view to improving the
delivery of health services and assessing the performance of the health
system.
The government has allocated funds over
a five-year period for this
initiative. This allocation will serve to: (1) help CIHI (see above) build
consensus on health indicators,
to develop data standards, to fill key data
gaps, and
to build capacity to analyse data and disseminate information; (2)
build a National Health Surveillance Network to link laboratories and
public health officers across the country;
(3) build the Canadian Health
Network; and (4) improve health information for federal health
programs.
- In
1996, the intersectoral Joint Steering Committee Responsible for Development of
a National Nutrition Plan for Canada released Nutrition for Health: An Agenda
for Action in response to commitments from the 1992 International Conference
on Nutrition. It identifies four strategic directions: reinforcement
of healthy
eating practices; support for nutritionally vulnerable populations; continued
enhancement of the availability of foods
to support healthy eating; and the
support of nutrition research. These strategies include key actions related to
the nutrition
health of children.
- The
Government of Canada promotes the nutritional well-being of children through the
development and broad dissemination of national
nutrition guidelines, including
Canada’s Food Guide to Healthy Eating and guidelines for
preconception, prenatal and infant nutrition.
- In
partnership with provincial and territorial governments, the Government of
Canada is developing new programs to better support
HIV/AIDS prevention and
sexuality education for young people. For example, Safer Sex Guidelines,
designed for educators and counsellors involved in prevention and health
promotion activities, ensure the continued relevance and
accuracy of the safer
sex information that Canadians receive.
- Public
information and education initiatives on child safety issues, such as child
passenger safety and playground safety, are provided
by an Interdepartmental
Working Group on Childhood Injury Prevention. Membership is based on federal
responsibility affecting child
safety such as with Health Canada, Transport
Canada, Parks Canada, Statistics Canada, Agriculture Canada and Canada Mortgage
and
Housing.
- An
inter-agency Youth at Risk Initiative, coordinated by the Canadian Parks and
Recreation Association, implements and evaluates pilot
projects targeting
children and youthatrisk across Canada. In the near future, a formative
evaluation will identify which strategies
and processes worked, what common
learning can be drawn from the pilot projects and possible models for youth that
have not traditionally
participated in recreation and physical
activity.
- In
1995, the Pest Management Regulatory Agency (PMRA) was created to centralize all
federal government responsibilities for pesticide
registration and to address
issues concerning pesticide residues in food.
- In
1995, the Auditor General Act was amended to create the Commissioner of
the Environment and Sustainable Development, and to require each federal
department to
prepare and table an annual Sustainable Development Strategy to
Parliament. The Commissioner of the Environment and Sustainable
Development
reports to Parliament on matters related to the environment and sustainable
development, conducts audits and special
studies, receives public petitions and
complaints, and monitors the implementation of the Sustainable Development
Strategies prepared
by federal departments.
Government and NGO Cooperation
- In
April 1997, Health Canada established the Population Health Fund,
replacing a number of grant and contribution programs. It provides financial
support to groups that address the factors influencing
health through
partnership and collaboration with other sectors, with particular emphasis on
health issues of vulnerable populations.
In 1997-98, the fund financed over 300
national, regional and community-based projects.
- In
June 1997, the Canadian Institute on Child Health (CICH), with support from
Health Canada, hosted What on Earth?, a symposium on environmental
contaminants and child health. A year later, CICH released Environmental
Contaminants and the Implications for Child Health Supplement, which
educates public health officials and other practitioners on the health
implications for children, profiles key research findings
and provides a
comprehensive package of information on children's environmental
health.
- In
partnership with the Government of Canada, CICH publishes The Health of
Canada’s Children: A CICH Profile. The report presents a range of
demographic, economic, behaviourial and related statistics on the health and
well-being of children
and youth. The third edition of this report was released
in 2000.
- In
1995, in partnership with medical and professional associations, clinicians and
voluntary organizations, Health Canada established
a National Asthma Control
Task Force. The Task Force was mandated to develop a National Asthma Control
Strategy for the reduction of morbidity and mortality due to asthma in
Canada and to coordinate and facilitate its implementation.
- The
Canadian Parks and Recreation Association, in partnership with Health Canada,
has developed and implemented a three-year Playground Safety Action Plan.
A key element of the plan is the playground inspector certification program,
which is based on the recently revised Canadian Standards
Association standards
for play spaces.
- In
partnership with non-governmental organizations, the Government of Canada has
developed projects relating to the health of Aboriginal
children. With the
Aboriginal Nurse’s Association, the guide Healthy Children - Healthy
Nations was developed for First Nations care givers who wish to focus and
direct community programs toward the health needs of children from
before birth
to age 6. Ikajuqtigiinniq, a resource for the prevention of fetal
alcohol syndrome, was developed with the Pauktuutit Inuit Women’s
Association.
- Campaign
2000 is a nonpartisan coalition of 25 national partners and a Canadawide network
of 37 community partners committed to building
Canadian awareness and support
for the 1989 allparty House of Commons resolution to end child poverty in
Canada by the year 2000.
In 1996, Campaign 2000 promoted a life-stage
approach to child poverty. The life stage approach involves three components: a
comprehensive
child benefit; a national envelope for early child development and
child care; and a youth education endowment fund. Since then,
Health Canada has
funded a two-year project that will engage a wide range of community leaders,
individuals and Campaign 2000 partners
in community consultations to develop
policy options for addressing child poverty.
C. Social Security and child care services and facilities -
Articles 26 & 18
Child Care Services - Article 18
Measures in Force
- In
Canada, the provision of child care services is the responsibility of provincial
governments. The federal government provides
a range of measures to support the
child care needs of working parents and all Canadian families.
- The
1998 Federal Budget increased the Child Care Expense Deduction (CCED)
from $5,000 to $7,000 for children under age 7, and from
$3,000 to $4,000
for children aged 7 to 16. This increase is intended
to offset the costs of child care for the
approximately 800,000 Canadians who use the CCED. In addition, a
Goods and Services Tax/Harmonized Sales Tax exemption is provided
for expenses
incurred in the provision of care to a person with limited means of
selfcare.
Factors, Difficulties and Progress
- The
Government of Canada, in partnership with the provinces and territories, has
taken an important step to support Canada’s
children with the introduction
of the National Child Benefit, which will directly assist lower-income
parents. Provincial and territorial governments will reinvest the money saved
through this
system into complementary benefits and services for children. For
example, a number of provinces are reinvesting in child care,
including
Manitoba, Ontario, Prince Edward Island, Nova Scotia, New Brunswick and
Newfoundland and Labrador.
- From
1988 to 1995, the federal government supported initiatives to enhance child care
services through the Child Care Initiatives Fund (CCIF). CCIF funded 515
projects with an emphasis on staff training and professional development as well
as pilot projects which
tested innovative, community-based approaches to child
care.
- The
Child Care Visions program, created in 1995, supports research and
analysis of child care programs with a goal to improve the quality of child care
and increase national knowledge of the adequacy, outcomes and cost-effectiveness
of child care programs.
- The
First Nations and Inuit Child Care Initiative, launched in January 1995,
commits federal funding over three years to support the creation of 4,300 new
child care spaces and the
improvement of approximately 1,700 existing spaces in
First Nations and Inuit communities. Funding will be provided after the initial
development period to sustain these newly created child care
spaces.
- In
1996, a joint Federal/Provincial/Territorial Working Group on Status of Women
and Labour examined options for improving the integration
of work and family
responsibilities. The Working Group’s findings will contribute to ongoing
policy development in this area.
Social Security - Article 26
- In
Canada, a system of federal, provincial and territorial government programs and
services provide income assistance and social services
to Canadians. Federal
expenditures include direct income support to seniors, families, including those
with children, unemployed
persons, and students. Fiscal transfers and tax
measures also support provincial and territorial programs and services in areas
of social assistance, postsecondary education, health care, labourmarket
training, and programs in support of disabled persons.
Measures in Force
- The
National Child Benefit (NCB), which came into effect in July 1998, is a joint
federal, provincial and territorial initiative to
improve benefits and services
to children in low
income families. The objectives of the NCB are to help prevent and reduce
child poverty, to help parents of low income families participate
in the
workforce and to reduce overlap and duplication through closer harmonization of
programs and simplified administration.
- Under
the NCB, the federal government has substantially increased the Canada Child Tax
Benefit to low-income families with children.
Provincial and territorial
governments have in general adjusted social assistance payments for families,
while ensuring at least
the same overall level of income support from all
governments. The provincial and territorial governments have reinvested the
resulting
savings into complementary programs targeted at improving work
incentives, benefits and services for low income families with children.
Examples of provincial and territorial reinvestment programs include child
health benefits, child care investments, income support
to families with
children, and employment supplements.
- Governments
are committed to working with Aboriginal people to ensure that Aboriginal
children, like all Canadian children, will benefit
from the NCB initiative. The
Department of Indian and Northern Affairs Development has been working in
partnership with First Nations
to develop mutually acceptable frameworks to
guide the implementation and development of NCB reinvestment initiatives on
reserves.
The frameworks are flexible to address the different priorities and
needs in First Nations communities. In the first year of the
NCB, First Nations
reinvested in community-based programs for low-income families living on
reserves through income support, child
care, child nutrition, parenting skills,
family services, recreation, youth development, clothing outlets, training and
employability
skills.
Factors, Difficulties and Progress
- There
is no official measure of poverty in Canada. Statistics Canada produces two
measures of low income: Low Income Cutoffs (LICOs)
and Low Income Measures
(LIMs). LICOs are based on average consumption standards and are the most
widely-used measure of low income
in Canada. The measures adjust income
thresholds according to family size and the size of the community in which the
family lives.
- LIMs
are based on one-half the median adjusted family income. The measure adjusts
incomes according to the number of adults and children
in the family. There is
no adjustment for the size of the community in the LIMs.
- The
most widely used version of the LICOs is based on pre-tax income. The
version of the LIMs based on income after income taxes
is the measure
closest to that used in the 1998 United Nations Human Development
Report for international poverty comparisons.
- In
November 1989, in a unanimous resolution, the House of Commons pledged to work
to eliminate child poverty by the year 2000 (“child
poverty” was not
defined in the resolution). The incidence of low income for Canadian children
under age 18 using the pre-tax
LICOs declined from 21.3 percent to 19.8 percent
between 1993 and 1997.
Priorities and Goals
- In
the 1996 Speech from the Throne, the Government of Canada acknowledged that it
has an important role to play in modernizing Canada's
social safety net and
ensuring its sustainability.
Institutions and Mechanisms
- In
1998, Human Resources Development Canada (HRDC) created the Social Development
Partnerships Program (SDPP), replacing both the
National Welfare Grants Program
and the Disabled Persons Participation Program. SDPP is a research and
development program that
provides organizational support and funding for
national activities of voluntary organizations involved in child and family
issues.
Family Service Canada, Big Brothers and Sisters of Canada, and Boys and
Girls Clubs of Canada are examples of the organizations
that receive support
through this program for initiatives such as research on child welfare and child
poverty.
- Established
in June 1996, the Federal/Provincial/Territorial Council on Social Policy
Renewal is the principal mechanism for guiding
work on the social union
initiative. The Council supports and coordinates the work of sectoral
ministries (including social services,
labour market, post-secondary education
and health) in developing concrete solutions in specific priority areas for all
Canadians.
- The
Government of Canada and all provinces, except Quebec, signed a Social Union
Framework Agreement on February 4, 1999. The Agreement
outlines new principles
on how governments will work in partnership in the arena of social policy. The
implementation of the Social
Union Framework Agreement and the continuation of
work on the National Children’s Agenda are the priority areas for the
Council
in 1999.
- Ministers
Responsible for Social Services have played a major role with respect to
collaborative federal/provincial/territorial efforts,
particularly in the
implementation of the National Child Benefit and initiatives with respect to
persons with disabilities.
D. Standard of Living - Article 27
Measures in Force
- The
National Housing Act (NHA) promotes the construction of new homes, the
repair and modernization of existing houses, and the improvement of housing and
living conditions. The Canada Mortgage and Housing Corporation (CMHC) provides
a range of authorities and tools to address the housing
and related needs of
Canadians including marketrelated housing activities, housing assistance
(including social housing) and research
and information transfer
activities.
- Canada’s
First Report on the Convention on the Rights of the Child identified the
housing needs of low and moderate income Canadians. Between 1993 and 1997, CMHC
continued to make housing affordable
for lowerincome Canadians through its
social housing programs. Working with the provincial and territorial
governments, as well
as communitybased, nonprofit and cooperative housing
organizations and First Nations, CMHC provided financial subsidies for some
664,000 social housing units, benefitting lowincome families, people with
disabilities, seniors and Aboriginal groups.
- CMHC
also launched the Shelter Enhancement Initiative (SEI) to renovate and upgrade
existing shelters in northern and remote regions,
and to develop a limited
number of new emergency and secondstage units. Between 1995 and 1997, CMHC
enhanced 4,448 bed/units and
developed 61 emergency beds and 22 second stage
units. Additional federal funding extended the SEI project to March 31,
1998.
- The
Corporation reintroduced the Rental Residential Rehabilitation Assistance
Program in 1994, incorporating new provisions for the
improvement of
rooming-houses, a common accommodation for those at risk of
homelessness.
- Federal
government programs for the housing needs of Aboriginal peoples include
the Rural and Native Housing program (RNH) and a First
Nations component of
the Residential Rehabilitation Assistance Program (RRAP). In April 1996, 2
new initiatives were introduced.
First, the Remote Housing Initiative, which
targets low-income households living in smaller remote communities,
provides capital
grants for home construction and requires that client
households provide “sweat equity labour”. This initiative will
benefit an estimated 272 households. Second, the OnReserve Remote
Housing Initiative also provides funds for home construction through
capital
grants. Under this initiative, which will benefit an estimated 310 households,
local First Nations bands are involved in
all aspects of planning, delivery,
construction and property management.
Factors, Difficulties and Progress
- The
Government of Canada’s Program Review Process in 1994 provided CMHC with a
new mandate affecting its main business areas
of housing finance (mortgage
insurance and guarantee), social housing, and research and international
activities, including housing
export support. The federal government
transferred the administration of its social housing portfolio to the provinces
and territories
to reduce the duplication of government services. This
is intended to provide a better link between housing and
provincial/territorial social services and facilitate solutions for such
issues
as homelessness. All provinces and territories have the option to manage
federal social housing.
- The
transfer of management responsibilities is an important and tangible step
towards better intergovernmental cooperation and efficiency
in social housing.
The “one stop shopping” approach should also improve service to the
public. The government also
expects that these arrangements will free up funds
to assist low-income households.
- As
part of deficit reductions and government spending restraints, the federal
government capped social housing expenditures and stopped
funding new housing,
except for programs for onreserve Aboriginal people.
- The
majority of Canadian families live in housing that meets or exceeds standards
for suitability, including number of bedrooms, adequacy
(plumbing facilities)
and affordability. However, a significant number of people in certain
sociodemographic groups need better
housing. Dwellings with female lone parents
and Aboriginal households have higher proportions of people in core need than
other
segments of the population. Since affordability is a main barrier to the
acquisition of healthy housing, and the proportion of income
directed at housing
is higher for these specific groups, the relatively high cost has a negative
impact upon other spending priorities.
- The
Government of Canada recognizes that the problem of homelessness is much broader
than a lack of accommodation; rather, it requires
an integrated and coordinated
approach including longterm supportive housing environments. CMHC has
facilitated the development
and/or demonstration of a number of comprehensive
“enabling” approaches undertaken by partnerships among
communitybased
agencies, chiefly by documenting and communicating best practices
across the country.
- The
Department of Indian and Northern Affairs (DIAND) has reallocated funds
since 1996 to accelerate repairs to on-reserve water and
sewer systems. In
response to the Royal Commission on Canada’s Aboriginal Peoples, the
federal government allocated resources
in 1998-1999 in addition to
capital allocations for water and sewer projects. As of
March 1997, 97 percent of houses on reserves
had water supply
services and 92 percent had sewage disposal facilities, as compared to 75
percent and 67 percent respectively in
1986-87.
- A
new on-reserve housing policy was announced in July 1996. Federal funding for
onreserve housing was increased over 5 years, beginning
in 1996-97. The total
number of onreserve housing units has increased from 64,402 in 1990-91 to 80,443
in 1996-97. Over the same
period, the number of adequate units has gone
from 28, 209 (44 percent) to 41,885 (52 percent). In 1996-97,
2,487 housing units
were completed and 4,222 were renovated.
- While
the living conditions of Aboriginal peoples has improved significantly, the
Government of Canada recognizes that housing amenities
are inadequate in many
Aboriginal communities. Although more than 18,000 federally subsidized new
houses were built for and with
Aboriginal peoples between 1992 and 1997, there
are problems, particularly on reserves where lack of maintenance and
overcrowding
contribute to a housing lifespan which is about half that of
offreserve housing. Approximately 38,000 new onreserve dwelling units
will need
to be constructed between 1997 and 2007.
- Studies
on food bank use, poverty and dietary intake show that while the vast majority
of Canadians are able to provide food for themselves
and their families, some
cannot. From 1989 to 1997, the use of food banks in Canada more than
doubled. Other services provided
by community groups, with limited support from
provincial/territorial or municipal governments, include collective kitchens,
community
gardens, food buying clubs and schoolbased breakfast
programs.
- In
1998, 42 percent of the approximately 716,000 Canadians assisted by food banks
each month were children. In 1998, in response
to the 1996 World Summit
commitment to reduce the number of undernourished people by half by 2015, the
federal government released
Canada’s Action Plan for Food Security.
The Alternative Northern Food Baskets and a template for provincial/regional
nutritious food baskets were developed as part of this
strategy to support
nutritionally vulnerable populations. Nutritious food baskets provide useful
indicators for monitoring food
insecurity in Canadian
communities.
Priorities and Goals
- Sources
of data to measure the incidence of child homelessness are limited, largely due
to the difficulties involved in enumerating
the homeless population. To better
understand the situation of homeless Canadians, Canada Mortgage and Housing
Corporation (CMHC)
has made homelessness a research priority. A multiyear
research program is underway to develop a system that all Canadian shelters
could use to standardize the collection and management of information on the
homeless.
Institutions and Mechanisms
- Provincial
and territorial governments play a significant role in the provision of shelter.
They are responsible for the regulation
of urban and rural development in most
areas through planning legislation and the regulation of building and housing
standards through
building and health codes.
- CMHC
has finalized new social housing arrangements with seven provincial and
territorial jurisdictions. The discussions are continuing
with the remaining
jurisdictions. The agreements ensure that federal funds remain available to
lowincome households and that national
standards are
maintained.
Government and NGO Cooperation
- Community,
nonprofit, cooperative and women’s organizations, along with youth groups,
labour unions, and social and political
advocacy groups, all play a major role
in shaping policies, and identifying priorities in many areas, including
housing. The Canadian
Mortgage and Housing Corporation (CMHC) works with other
agencies and NGOs across Canada on programs that encourage housing research,
information transfer and youth participation.
- In
1997, CMHC held a youth housing competition. A total of 143 organizations and
individuals from communities across Canada submitted
examples of inspiring,
creative, and practical solutions to the housing needs of young Canadians, such
as students, firsttime home
buyers, young couples, single young women and men,
homeless youth, and youth with disabilities. CMHC also organized a twoday forum
Gimme Shelter: Sharing Successes in Housing for Youth to celebrate and
promote the accomplishments of the many organizations that work to provide
housing choices for young people. The
Forum, held in 1997, included urban
planners, environmentalists, housing industry representatives, members of
housing agencies and cooperatives, students, teachers, researchers,
and
government representatives who shared their ideas, solutions and best practices
in housing to meet the needs of young people.
- Recognizing
that children are particularly vulnerable to environmental hazards and that most
of their preschool age is spent in and
around the home, CMHC works with other
federal agencies and NGOs to research and provide information to the public on
indoor air
quality, lead, fire safety, home safety and children’s play
spaces. For instance, CMHC, with 3 other agencies and the Paint
Manufacturers’ Association, undertook an extensive public information
campaign emphasizing safety concerns of renovations in
homes with leadbased
paint, especially in houses with young children present.
- The
National Housing Research Committee (NHRC), comprised of federal, provincial,
nongovernmental, industry and consumer representatives,
co-ordinates research on
housing with either direct or indirect benefits to children.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education - Article 28
Measures in Force
- Education
in Canada is a provincial and territorial responsibility. The Government of
Canada promotes a coordinated national approach
to education, based on
excellence and equality of opportunity. It has established programs and
measures that focus on developing
the knowledge, skills and work experience that
today’s young people must have to become full participants in a changing
knowledge-based
economy.
- In
1996-1997, there were 446 schools managed by First Nations in Canada,
serving 57.3 percent of First Nations students on reserves,
an
increase in enrollment of 41 percent from 1991. Students not
attending First Nations managed schools attended schools operated
directly by
either the Government of Canada or a provincial or territorial school system.
As well, First Nations children are remaining
in school longer, but have lower
rates of completing secondary school than other students. The major focus of
education reform initiatives
under Gathering Strength is the improvement
of retention and graduation rates for onreserve students.
- Young
Canadians are enrolling in higher education at a record rate. Almost 1 million
students - nearly one in every 3 young people
- were enrolled fulltime in
postsecondary education, and 430,000 were enrolled on a parttime basis in
1996/97.
- In
1997, the federal government announced a Youth Employment Strategy (YES)
to help young Canadians find the critical first job that bridges the gap between
school and work. YES will make investments
to create approximately 280,000 work
experiences over 3 years for unemployed young Canadians. Key program components
are: Youth
Internship Canada; Youth Service Canada; Student Summer Job Action;
and information initiatives. The Federal Public Sector Youth
Internship
Program, a complementary youth initiative, will provide work experience for
approximately 38,000 young participants over
3 years. In December 1998, the
Government of Canada announced that the YES, which was to end March 31, 1999,
would be made a permanent
initiative. This includes a First Nations and Inuit
Youth Employment Strategy to support youth living on-reserve or in recognized
communities to explore career options while in school and to acquire practical
work experience.
- Announced
in Budget 1998, the Canadian Opportunities Strategy focuses on seven key
areas related to education: providing financial assistance for students;
providing support for advanced research;
helping individuals manage their
student debt; encouraging families to save for education; helping Canadians
upgrade their skills;
supporting youth employment; and connecting Canadians to
information and knowledge. This strategy supports post-secondary students
and
their families through a number of initiatives. For example, the Canada Student
Loans Program helps individuals of limited means
pursue their education and
helps students after graduation with tax relief for interest payments on their
student loans. The strategy
also provides needy students with children or other
dependents with grants of up to $3,120 a year; provides education credits and
child care expense deductions for part-time students; and supports the efforts
of working Canadians to upgrade their skills by allowing
tax-free withdrawals
from Registered Retirement Savings Plans (RRSP) to encourage lifelong learning.
Through the Canada Education
Saving Grant program, the strategy helps families
save for their childrens education by supplementing new contributions made to
Registered
Education Savings plans. Another component of the Canadian
Opportunities Strategy, the Canadian Millennium Scholarships Program, is
described in Priorities and Goals below.
International Cooperation
- In
education, CIDA supports initiatives to provide universal access to education
for girls and boys, improve the quality of primary
education, increase literacy
and numeracy, build basic skills in health, nutrition, and environmentally
friendly agricultural production
through formal and non-formal education
programs, promote human rights and peace building through education
curricula.
- Since
1994, Canada has supported the Girl Child Education in Africa Initiative
(See “General Measures of Implementation”). Phase I, developed and
implemented in collaboration with UNICEF, supported
projects in 15 countries
aimed at improving access and retention of girls in basic education programs.
Results of Phase I have been
impressive: 47,000 girls have been directly
affected; several hundred teachers were trained in child-centred approaches,
children's
rights, and gender perspectives; and gender-sensitive training and
learning materials were developed. Phase II, which began in 1996,
builds on the
lessons from Phase I in the effort to extend and institutionalize its gains. It
broadens the range of participation
to include over 75 percent
Canadian partners in addition to UNICEF's role which is now 25 percent.
Specific projects include a project
in Malawi in 1996-97 to increase the
capacity of the Ministry of Education and selected communities to deliver
primary education
with gender equity in progression, enrollment, retention and
completion; a project in Zambia in 1996-99 to increase capacity at all
levels -
government, schools, communities and NGOs - to improve rates of
enrollment, retention, completion and achievement for girls; an initiative in
Eritrea in 1995-97 to establish a pilot project of community
schools in the
region of Gash-Barka with emphasis on increased access and retention of
girls.
- In
Asia, CIDA is supporting the Bangladesh Rural Advancement Committee's (BRAC)
Non-formal Primary Education Program. CIDA has been involved in phases I
and II of the program. The BRAC program aims to strengthen national education
systems and improve
access to cost-effective primary education to poor children,
especially girls, unserved by the formal school system. The program
began in
1985 and as of 1997, 34,000 schools are operating annually, with an enrollment
of 1.2 million children. Overall, a 90 percent
completion rate has been
maintained for school children enrolled in the three-year NFPE program. CIDA
expects to more than double
its contribution to Phase III of the program. Seven
major donors collaborate in this project and do so in ways that are models for
other projects.
- In
the Americas, one of CIDA's larger education projects has been the Eastern
Caribbean Educational Reform Project, covering the period from 1996 to 2003.
This project aims to strengthen governments' capacity to plan and implement
educational reform
to improve educational quality and access for
children.
- CIDA
recognizes the close links between basic education and health, nutrition, and
population, as well as the importance of gaining
leverage through multi-sectoral
approaches to programming in basic human needs. An innovative approach is being
undertaken by the
Unitarian Services Committee in Bangladesh with CIDA funding.
Through a process of “social immunization”, the Adolescent
Development Program improves the future social and economic status of
adolescent girls by providing them with literacy, numeracy, health education and
income-earning skills as well as ensuring that they properly register their
marriages. Boys are also included in activities so that
they learn that
empowered girls and women are a benefit and not a threat to their
communities.
- Through
Canadian Partnership Branch, CIDA supports a wide range of NGOs, associations
and universities in providing projects to support
the basic education of street
and abandoned children in all regions, in countries as diverse as India,
Lesotho, Haiti, Gambia, and
Nicaragua. The major partners CIDA works with
through Partnership Branch include Save the Children Canada, UNICEF-Canada,
Street
Kids International, World Vision, Foster Parents Plan, Aga Khan
Foundation Canada, and Pueblito. Although activities tend to be
small scale,
they are typically responsive and often very innovative, and they are most
sustainable where attempts are made to build
linkages into the regular education
system.
Factors, Difficulties and Progress
- Effective
in 1998, individuals repaying federal or provincial student loans can claim
a 17 percent federal tax credit on the interest
portion of the amount
paid in the current year.
- The
1996 and 1997 Federal Budgets encouraged families to build Registered Education
Savings Plans (RESPs) for their children’s
education by raising limits for
both the annual per
child and lifetime contributions. In addition, parents and other
contributors can now transfer an RESP into their Registered Retirement
Savings
Plan should the child choose not to pursue postsecondary education.
- Beginning
January 1998, the federal government Canada Education Savings Grant
will top up contributions made to an RESP by 20 percent
up to a yearly
maximum of $400 per child, until the child reaches age 18.
This will mean that, for example, a family
saving $25
every two weeks in an RESP over a 15-year period
will accumulate an education fund of $18,790 (based on an annual interest
rate of
5 percent). Without the grant, the RESP would be worth
about $3,100 less.
- In
April 1996, the Canada Health and Social Transfer (CHST) replaced the previous
transfer funding mechanism that provided the provinces
and territories with
fixed allocations for health, education and social services. Under the CHST,
the provinces and territories
are able to apply funds to areas according to
their own discretion.
Priorities and Goals
- In
September 1997, the Government of Canada announced the Canadian Millennium
Scholarships Program, a central component of the Canadian Opportunities
Strategy. Beginning in the year 2000 and continuing for 10 years, Canada
Millennium Scholarships will be awarded annually to more than 100,000
students
through an endowment from the federal government. Canadians of all ages,
studying in publicly-funded post-secondary institutions,
will be eligible.
Scholarships will be awarded based on financial need and demonstrated merit.
These scholarships will average
$2,000 and will be awarded beginning in January
2000.
- The
federal government has modified the Canada Student Loans Program (CSLP) to
accommodate students with family responsibilities.
Effective in 199899, new
grants will be available to students with children or other dependents.
Students will be eligible to receive
up to $40 per week (for those with 1
or 2 dependents) or $60 per week (for those with 3 or more
dependents).
Government and NGO Cooperation
- Status
of Women Canada provides financial and technical assistance to organizations
working to advance gender equality at the community,
regional and national
level. Support has been provided for projects aimed at improving gender
equality in vocational training and
guidance, including activities to increase
interest in science, technology and non-traditional careers among
girls.
- The
1998 Federal Budget, which targeted youth employment, more than doubled funding
for youth at risk, principally those who have
not completed high school.
Through partnerships with employers’ organizations and non-profit groups,
funds are available for
on-the-job training, career counseling, mentoring and
literacy upgrading.
B. Aims of Education - Article 29
Measures in Force
- The
Government of Canada is committed to helping young Canadians acquire the
information technology skills they need to succeed in
the knowledge-based
economy. SchoolNet, an Industry Canada program, promotes the effective
use of information technology by helping all Canadian public schools and public
libraries connect to the Internet. On March 30, 1999, Canada became the
first nation in the world to connect its schools and libraries,
thanks to the
SchoolNet partnership. Built on partnerships with provincial and
territorial governments, communities, NGOs, information technology companies
and
other private sector partners, SchoolNet aims to extend connectivity from
the schools to the classroom by March 31, 2001. Over 1,000 learning
services and resources can
be accessed on the Web site at
http://www.schoolnet.ca.
- The
Digital Collections Program helps young Canadians develop information technology
and business skills as they transfer significant
Canadian content collections
into digital form. The program awards contracts to Canadian firms,
associations, institutions, museums,
libraries, archives, educational
institutions and other organizations to hire teams of people 15 to 30 years of
age to digitize text,
images, audio and video material and incorporate it in Web
sites for display on SchoolNet. As of 1998, the Program has hired over
1,200 young Canadians on some 230 contracts in all provinces and
territories, including the
most remote parts of the country.
- The
Computers for Schools program channels surplus computer equipment from
businesses, government and individuals into classrooms
and public libraries
across Canada. The program provides youth with access to computers in a
learning environment and provides hands-on
computer repair training
opportunities at refurbishment centres located across the country. Computers
for Schools has delivered
over 51, 000 computers to Canadian schools since the
beginning of the program in 1993.
- The
Atlantic Canada Opportunities Agency (ACOA) supports an entrepreneurship
development strategy which, in part, encourages the development
of
entrepreneurial talent among young people in Atlantic Canada. In 1998,
approximately 60,000 students from kindergarten to grade
12 were enrolled in
enterprise or entrepreneurship courses as a result of efforts and
investments by ACOA and its provincial partners.
In addition,
approximately 500 students per year start businesses under ACOAfunded
programs. Teacher training and youth venture
activities, such as a seed
capital program, are other components of the strategy.
- The
Michael Smith Awards for Science Promotion recognize Canadian
individuals, organizations and companies that have inspired a passion in youth
for science,
technology, engineering and mathematics outside the formal school
system. These non-monetary awards raise the profile of recipients
and encourage
others to get involved. The awards assist in the development of skills demanded
in the knowledge-based economy by
encouraging and rewarding leaders in science
promotion.
- The
Prime Minister’s Awards honour outstanding elementary and secondary school
teachers from across Canada. Recipients are
selected based on their ability to
achieve outstanding results with students, to inspire them to learn and continue
learning, and
to equip them with the knowledge, attitudes, skills and abilities
they will need to succeed in our rapidly changing society and knowledge-based
economy. The program also shares excellent teaching practices with educators
across Canada and around the world via the Internet.
- In
1995, the Canadian Space Agency (CSA) launched the Young Space Scientists
Program, an educational program that allows students
to take on the role of
“space scientists” by providing them with the opportunity to
design experiments and compete for
the chance to have them performed in orbit by
a Canadian astronaut. Classroom resource materials are then developed about
these
experiments and their execution during shuttle missions. To stimulate
interest in this sector of science and to promote the Young
Space Scientists
Program, representatives from the CSA visited 90 elementary and secondary
schools, reaching about 30,000 students.
- Science
Culture Canada, which had its final year in 1998-99, provided resources to
nonprofit groups that stimulate youth interest
in science and technology,
thereby developing skills and promoting related careers.
- The
Canadian International Development Agency (CIDA) actively supports programs to
increase African girls’ access to basic education,
and works with UNICEF
as well as Canadian NGO partners on projects in this field. In 1996-97, CIDA
participated in projects in Jordan,
Egypt, Senegal, Burkina Faso, Zambia,
Zimbabwe and Malawi, as well as two Pan-African projects.
- The
Department of Canadian Heritage’s Canadian Studies Program supports the
development of a variety of learning materials in
content areas considered to be
underdeveloped or neglected in the field of Canadian Studies. The program also
published a Directory of Funding Sources for Canadian Studies and two
series of booklets entitled Canadian Studies Resource Guides and About
Canada.
- The
Youth Participation Program of the Department of Canadian Heritage provides
learning opportunities for youth to increase their
knowledge, appreciation and
respect for the diversity of Canadian society and its institutions. Under the
Open House Canada Program,
it provides financial support to a number of national
non-profit organizations to cover part of the travel costs of participants
in
reciprocal group exchanges and national fora.
- The
Commonwealth Youth Program (CYP) promotes the overall well-being and development
of young people in the Commonwealth. The CYP
works towards a society where
youth are empowered to develop their potential, creativity and skills and to
participate fully at every
level of decision-making and
development.
- Recognizing
the importance of developing respect for the natural environment, Environment
Canada provides information materials aimed
at increasing environmental literacy
in primary and secondary schools. Rescue Mission Planet Earth: Indicators
for Action is an information resource that gives students the opportunity to
assess the sustainability of their community and to develop and
implement Agenda
21 action plans. Through their work, the students can see how social, economic
and environmental issues link together.
In addition, the department’s
contribution to the National Youth Science Fair recognizes youth
achievements in the area of environmental science.
- Environment
Canada also recognizes young people aged 14-25 for their environmental
achievements through the Polaris Award. The Award,
presented bi-annually,
celebrates youth’s respect for their natural environment through 5
categories: science and technology,
creative arts and communication,
environmental entrepreneurship, community service and public
policy.
- Through
various communications activities, its Green Lane Web site and other
publications, Environment Canada promotes youth awareness
of environmental
issues. Through the Millennium Eco-Communities Web site, the department creates
opportunities for Canadian youth
to learn, share and take action to protect and
enhance their natural environment.
Institutions and Mechanisms
- The
1995 National Graduates Survey by Statistics Canada has provided valuable
insights on the links between education experience and outcomes, youth program
characteristics,
student finances and loans, and other information on youth.
Federal and provincial governments and agencies use this data to develop
policies and programs to improve access to educational opportunities,
experience, training, and the labour market. Business and
other private sector
organizations also use the survey data to measure their long-term needs against
emerging trends in the training
and education of youth.
- The
Natural Sciences and Engineering Research Council of Canada (NSERC) supports
basic university research through research grants
and research projects in
partnerships with industry. NSERC supports advanced training of
highly-qualified people in both areas and
its terms of reference allow it to
support research to improve understanding of child-related issues. During
1996-97, NSERC funded
17 projects directly related to children.
- The
Social Sciences and Humanities Research Council of Canada (SSHRC) supports
research and training that improves understanding of
child development and also
helps design more effective policies and services for children. SSHRC studies
have covered the disciplines
of education, health, psychology and social
work and have addressed such issues as the socialization of young children in
family
and school, parental beliefs and child rearing outcomes, teaching and
learning processes, the school-to-work transition, youth crime
and violence, and
impact studies on policies and services.
- The
Department of Canadian Heritage works with provinces and territories to help
minority language school boards offer comparable
quality education to that of
the majority, in the spirit of section 23 of the Canadian Charter of
Rights and Freedoms. The department also
works to enhance the development of French-language post-secondary
institutions through the use of new technologies. Moreover, it
continues to
offer young people the opportunity to experience linguistic duality through
language exchange programs and the Young
Canada Works in Both Official Languages
Program, which have nearly 10,000 participants every year.
- The
Department of Canadian Heritage also co-ordinates the implementation of
sections 41 and 42 of the Official Languages Act to strengthen the
contribution of federal institutions to the development of official-language
minority communities in key sectors
such as information technology,
culture, economic development and human resources development.
- Children
are a primary audience of Canada’s national museums, which have developed
specialized exhibitions, educational programs
and activities to assist children
in understanding and learning about their heritage.
Government and NGO Cooperation
- Voluntary
organizations play a crucial role in the social and economic wellbeing of many
Canadians, including children and youth. VolNet, a joint initiative of
federal, provincial, territorial governments and private sector interests,
reinforces the capacity of
voluntary organizations by providing them with access
to computer equipment, the Internet, new information technologies, network
support and training.
- In
1995, the Canadian Space Agency, in partnership with non-profit and private
sector organizations, launched the Canadian Space Resource
Centres program in 5
Canadian cities. The Centres provide curriculum enriching-resource
materials using space themes and also provide teacher training on their use.
This program provides important links between the government, education and
business communities.
C. Leisure, recreation and cultural activities - Article
31
Measures in Force
- Section
3 of the Broadcasting Act established Canada’s broadcasting
policy. The Act, which the Canadian Radio-Television and
Telecommunications Commission (CRTC) administers, expressly requires that the
Canadian
broadcasting system (which includes public and private broadcasters)
serve the needs and interests of Canadian children by providing
“programming for children of all ages, including educational
programs”.
- Both
the private sector and the Canadian government provide financial assistance for
Canadian children’s programming. In 1994,
the Canadian cable industry,
with CRTC support, established the Cable Production Fund to fund the production
of high-quality Canadian
programs in under-represented categories,
including children’s programs (see Public Notice CRTC 199410,
“the Production
Fund”). In 1996, the government integrated
the Cable Production Fund with the broadcast production fund of Telefilm
Canada (a federal
cultural agency) to create the Canada Television and Cable Production
Fund (now called the Canadian Television Fund). This annual fund helps
finance quality Canadian television programs in the categories of drama,
variety, children’s shows and
documentaries. In 1996-97, this fund
contributed to the production of 724 hours of children’s
programming.
Factors, difficulties and progress
- Participation
in physical activity has far-reaching benefits for well-being. A 1995 survey
revealed that approximately one-third
of Canadian children and youth were
physically active enough to meet the energy-expenditure standard for optimal
health and development,
while another one-fifth came close to meeting the
standard and one-fourth met the minimum energy standard.
- Environmental
degradation can also seriously affect the ways in which children spend their
leisure time. Loss of green space can impede children from experiencing
nature and their physical environment, poor air and water quality can prevent
children from playing outside or swimming in lakes and rivers without risks to
their health.
Priorities and Goals
- In
1997, the federal and provincial/territorial ministers responsible for fitness,
recreation and sport developed a framework strategy
for reducing the number of
inactive Canadians by 10 percent by the year 2003. The
strategy places emphasis on youth at risk, especially Aboriginal youth and
girls, and on the needs of children and youth living
in
poverty.
- The
Canada Council for the Arts, the federal government’s primary agency for
supporting the arts, has determined that First
Nations peoples and culturally
diverse communities merit additional investment. The Council is
currently developing plans to meet these needs.
- The
Canada Council operates no programs specifically for children. However,
young audiences have been identified as a priority area for attention and
additional funds. Proposed activities include tours of theatre, dance
and music productions for children, books, magazines and
exhibitions.
Institutions and Mechanisms
- Health
Canada has responsibility for federal activities relating to active living.
The work is based on partnerships that are multi-sectoral, multi-level, and
multi-disciplinary. Emphasis is given to strategic leadership, knowledge
development and information dissemination, building partnerships and alliances,
promotion and encouragement, and life stages.
- The
Department of Canadian Heritage supports centres across Canada that deliver
cultural and social services to urban Aboriginal peoples
and supports Aboriginal
and provincial/territorial organizations to develop approaches on issues that
affect the well-being of communities. The department also contributes to
Aboriginal broadcasters with the production and broadcasting of programming in
17 Aboriginal languages.
Governments and Non-government Organizations
- Health
Canada and the Canadian Association for Health, Physical Education, Recreation
and Dance (CAHPERD) jointly support the Quality
Daily Physical Education
Program. This program provides instruction for daily quality physical
activity through physical education and school sports targeting children
and
youth in elementary and secondary schools. Gender equity is part of
CAHPERD’s mandate.
- The
Canadian Association for the Advancement of Women in Sport (CAAWS) is a national
notforprofit organization founded in 1981. CAAWS works to achieve gender
equity in the sport community. Health Canada has funded CAAWS to develop
a youth-at-risk strategy with a focus on girls.
- National
organizations involved with active living are currently working together to
create a formal and structured coalition for
active living in Canada.
The purpose of the coalition whose membership will be multi-sectoral,
multi-level, and multi-disciplinary - is to share planning,
information and
public promotion about active living initiatives in Canada.
- The
YWCA is developing and pilot testing an “organizational change”
model regarding equitable access to physical activity
programs for girls
(primarily ages 12 to 16). Four pilot projects will be undertaken in
each of four sites across Canada. Resource material will be created from
the pilot projects and distributed to 42 YWCA’s and YM-YWCA’s in
Canada.
- The
Department of Canadian Heritage, through the Young Canada Works Program, in
partnership with non-governmental organizations and
the private sector will
contribute to the federal government’s Youth Employment Strategy and
provide over 2,500 young Canadians
with the opportunity to develop useful skills
and experience while learning more about Canada, its culture and their fellow
Canadians.
- The
Department of Canadian Heritage builds partnerships with NGOs and community
groups, including child and youth organizations, around
activities and programs
such as Canada Day, Celebrate Canada, Citizenship and Heritage Week, National
Flag of Canada Day, National
Volunteer Week, National Aboriginal Day and other
special events that reinforce a sense of common purpose, pride and Canadian
unity.
VIII. SPECIAL PROTECTION MEASURES
A. Children in Situations of Emergency
1. Refugee children - Article 22
- The
federal government is primarily responsible for immigration and refugees under
s. 91 Constitution Act 1867. However, under an agreement between
the Government of Canada and the Government of Quebec, the latter now
administers some immigration
matters. Federally, the Immigration Act of
Canada sets forth the criteria and procedures under which an individual may
receive either landed immigrant (i.e. permanent resident) status
or refugee
status in Canada.
- In
devising its refugee determination system, Canada draws upon the Canadian
Charter of Rights and Freedoms, which contains many of the same principles
as those in the Universal Declaration of Human Rights and the
International Covenant on Civil and Political Rights. Canada implements
the relevant parts of the Declaration and the Covenant using the standards and
procedures of the Immigration Act and the general legal system of
Canada.
- Canada’s
refugee determination system also takes into account Canada’s
international obligations as a signatory to the
United Nations Convention
Relating to the Status of Refugees. According to the United Nations High
Commissioner for Refugees (UNHCR), in March 1998, “... the Canadian
system, with its
resources, expertise and humanitarian focus, is recognized as a
model to be emulated”.
Resettlement from Abroad
- In
keeping with its humanitarian tradition, Canada continues to provide
resettlement opportunities in Canada for refugees and people
in refugee-like
situations outside their country and for whom there is no other durable
solution. Abroad, Canada works with the
UNHCR, receives applications directly
from refugees seeking resettlement, and processes the applications of refugees
that groups
in Canada have sponsored for entry into this country. In
addition, two programs exist for extreme at-risk refugees:
- Women at Risk
Program (AWR): The Women at Risk Program (AWR) was introduced by the
Government of Canada in 1988 to facilitate the settlement, in Canada,
of women
refugees and their children who are in critical situations and who lack the
resettlement potential that the system ordinarily
requires of refugees chosen
abroad. The factors that may cause these women to fall short of the normal
requirements include: poor
education; a lack of employment or linguistic skills
and a burden of responsibility for young children. Under the guidelines for
the
program, AWR applicants must lack the normal protection of a family unit and be
in situations either of immediate peril or long-term
difficulty and danger.
They must also be in a situation in which local authorities (in the country
of origin or in a third country) cannot ensure their safety.
By the end of
1997, the federal government had resettled 1,050 women in Canada under the
auspices of AWR.
- Joint
Assistance Sponsorship Program (JAS): This program provides an extra level
of assistance for refugees who would otherwise not qualify for resettlement in
Canada,
either as government-assisted or privately-sponsored refugees. This
category includes women-at-risk and other refugees who may have
emotional
problems related to trauma or torture, or who are under the threat of physical
violence, either in the country of origin
or the country of asylum. The
program also covers people with poor resettlement potential due to a lack of
education or skills; heavy family responsibilities;
or mental or physical
disability. Under JAS, the government provides income support for a minimum of
12 months up to a maximum of
24 months. A private sponsoring group
provides emotional support and whatever extra settlement assistance may be
required during
that time.
In-Canada Refugee Claims
- Any
person, including a child, who is in Canada and who claims to be a Convention
refugee may seek a determination of the claim by
notifying an immigration
officer. The claimant may request this determination either on arrival at the
port of entry or later.
If a claim is determined by an immigration officer to
be eligible for hearing, it is referred to the Convention Refugee Determination
Division (CRDD) of the Immigration and Refugee Board (IRB), an independent,
specialized tribunal, for hearing. In 1997-98, Canada
received 5,772 claims
from children seeking asylum. The 1996 Guidelines on Child Refugee
Claimants distinguish between children accompanied by an adult relative and
those who are unaccompanied. In the case of unaccompanied children,
the system
calls for automatic notification of provincial authorities responsible for child
protection. It should be noted that
a claim may be ineligible to be heard if
the claimant has a criminal conviction or poses a danger to Canadian
society.
- Once
immigration authorities have referred a claim to the CRDD, claimants have the
right to apply for an employment authorization,
entitling them to work in
Canada, obtain social assistance and, in the case of children, generally have
access to education in the
publicly-run school systems. All claimants
also have access to federally-funded health and emergency dental care coverage.
- Claimants
have a right to representation by counsel of their choice, to present evidence,
to cross-examine witnesses, and to make
representations. Government-funded
legal aid is often available to assist claimants without money to obtain legal
counsel. The
government also provides interpreters free-of-charge to claimants
who need them.
- In
1996, the Chairperson of the Immigration and Refugee Board issued procedural and
evidentiary Guidelines for the handling of child
refugee cases.
- The
CRDD deals with cases of unaccompanied children seeking asylum on a priority
basis. The process calls for a pre-conference hearing
at which the panel
affirms the designation of a representative for the child. On average, claims
by unaccompanied children account
for less than 5 percent of all refugee claims
received in Canada.
- Unsuccessful
refugee claimants who feel that they would face an objectively identifiable risk
to life, extreme sanctions or inhumane
treatment if they return to their country
of origin may apply under the Post Determination Refugee Claimant in Canada
Class (PRDCC). A specialized Post-Claim Determination Officer will then
consider any submission the individual might make, and other relevant material
(such as documentary evidence of country conditions).
Humanitarian and Compassionate (H&C) Applications
- It
is a cornerstone of the Immigration Act that prior to their arrival in
Canada, persons who wish to live permanently in Canada must submit an
application outside Canada,
qualify for and obtain an immigrant visa.
Immigration legislation does provide for persons within Canada
to submit an application for permanent residence on the basis of humanitarian
and compassionate grounds. Applications made on an
H&C basis request an
exemption from the requirement to obtain an immigrant visa before coming to
Canada.
- In
March 1999, the Minister of Citizenship and Immigration released new guidelines
entitled Immigrant Applications in Canada made on Humanitarian and
Compassionate (H&C) Grounds, replacing previously issued guidelines.
This document provides guidance to immigration officers who evaluate the H&C
applications.
Generally, humanitarian and compassionate grounds exist when
unusual and undeserved or disproportionate hardship would be caused
to the
person seeking consideration if he/she had to leave Canada. Examples of the
non-exhaustive “general case types”
identified are as
follows:
- spouses of
Canadian citizens or permanent residents;
- common law and
same sex partners;
- dependent
children of Canadian citizens or permanent residents;
- parents &
grandparents of Canadian citizens or permanent residents;
- separation of
parents & dependent children;
- prolonged
inability to leave Canada has led to establishment;
- refugees who
apply for landing too late;
- former Canadian
citizens.
- Within
the guidelines, there are explicit references to international human rights
standards such as the International Covenant on Civil and Political
Rights, the American Declaration on the Rights and Duties of Man, the
Convention on the Rights of the Child and the Convention Against
Torture. Immigration officers across Canada are being trained in relation
to these guidelines and the applicable international standards.
- In
the years prior to the adoption of these new guidelines, the acceptance rate of
individuals making H&C applications was just
over 80%.
- In
July 1999, the Supreme Court of Canada affirmed the importance of considering
family-related interests in H&C applications.
In Baker v. Canada
(Minister of Citizenship and
Immigration) [1999] 2 S.C.R.
817, the Court considered the parameters of discretionary decision-making,
and determined what would be reasonable. In coming to this
determination, the
Court looked to:
- the wording of
the particular legislative provisions;
- the objectives
of the Immigration Act, particularly the objective related to family
reunification;
- international
law standards, such as the Convention on the Rights of the Child [notably
because the values set out in international human rights instruments ratified by
Canada are themselves a reflection of Canadian
values]; and
- the guidelines
for decision-makers in place at that time.
The Court noted
that:
“Immigration officers are expected to make the decision that a
reasonable person would make, with special consideration of humanitarian
values
such as keeping connections between family members and avoiding hardship by
sending people to places where they no longer
have connections. The guidelines
show what the Minister considers a humanitarian and compassionate decision
[...]. They emphasize
that the decision-maker should be alert to possible
humanitarian grounds, should consider the hardship that a negative decision
would
impose upon the claimant or close family members, and should consider as
an important factor the connections between family members.”
[para.
72]
In applying the reasonableness standard to this particular set of
reasons, the Court reached this conclusion:
“The above factors indicate that emphasis on the rights, interests and
needs of children and special attention to childhood
are important values that
should be considered in reasonably interpreting the ‘humanitarian’
and ‘compassionate’
considerations that guide the exercise of the
discretion. I conclude that because the reasons for this decision do not
indicate
that it was made in a manner which was alive, attentive, or sensitive
to the interests of Ms. Baker’s children, and did not
consider them as an
important factor in making the decision, it was an unreasonable exercise of the
power conferred by the legislation,
and must, therefore, be overturned. In
addition, the reasons for decision failed to give sufficient weight or
consideration to the
hardship that a return to Jamaica might cause Ms. Baker,
given the fact that she had been in Canada for 12 years, was ill and might
not
be able to obtain treatment in Jamaica, and would necessarily be separated from
at least some of her children.” [para.
73]
- For
an H&C decision where children are implicated, the Court held that
“attentiveness and sensitivity to the importance
of the rights of
children, to their best interests, and to the hardship that may be caused to
them by a negative decision is essential
for an H&C decision to be made in a
reasonable manner”. [para. 74].
In overturning the
immigration officer’s decision, the Court concluded:
“The principles discussed above indicate that, for the exercise of the
discretion to fall within the standard of reasonableness,
the decision-maker
should consider children’s best interests as an important factor, give
them substantial weight, and be alert,
alive and sensitive to them. That is not
to say that children’s best interests must always outweigh other
considerations,
or that there will not be other reasons for denying an H&C
claim even when children’s interests are given this consideration.
However, where the interests of children are minimized, in a manner inconsistent
with Canada’s humanitarian and compassionate
tradition and the
Minister’s guidelines, the decision will be unreasonable.” [para.
75]
- In
March 1999, the Minister of Citizenship and Immigration issued a new set of
guidelines for officers making decisions in relation
to applications to remain
in Canada made on humanitarian and compassionate grounds. Applicants are
individuals who wish to be exempted
from the statutory requirement of applying
for and being granted an immigrant visa prior to their arrival in
Canada.
- An
assessment of risk to a person who may face mistreatment abroad may also be
carried out as part of this review. Children and adults may obtain this
review on completion of an application and payment of a fee of $500 in the case
of an adult or
$100 in the case of a child under the age of 19.
- Individuals
may also seek judicial review of any decision or order under the immigration
legislation before the Federal Court of Canada. Although the Court must
grant leave (i.e. permission) for the judicial review, the threshold for
obtaining leave is relatively low. In the ensuing review, the Court
determines if the request for review raises a serious question and whether there
is an arguable
case.
- Some
noteworthy cases of this kind have come before the Canadian judiciary. In
Baker v. Government of Canada (discussed above), 2 issues were raised:
the role of the Convention on the Rights of the Child in domestic
litigation and the deportation of a parent, resulting in the separation of
family. The Supreme Court of Canada held
that the ratification by Canada of the
Convention on the Rights of the Child and the recognition of the
importance of children’s rights and the best interests of children in
other international instruments
ratified by Canada are indicators of the
importance of considering the interests of children when making a compassionate
and humanitarian
decision under the Immigration Act. In the present
case, the Court held that a well-informed member of the community would not
perceive the recommendation of the immigration
officer as being free from a
reasonable apprehension of bias. Principles of fundamental justice therefore
were violated in this
particular case.
- Any
person, including an unaccompanied minor, whom the Refugee Division of CRDD
determines to be a Convention refugee may apply for
landing (permission to
establish residence in Canada). The individual may also include in their
application for landing any dependents, provided the applicant and any dependent
has satisfactory
documentation related to identification and has not committed a
serious crime. While immigration legislation does not specifically
provide for the reunification of the child with his or her immediate family from
overseas, family reunification in Canada is possible if a private group sponsors
the child’s parents. In recent years, this
approach has facilitated
family reunification for several Vietnamese minors.
Reunification of Family
- In
its Concluding Observations on Canada’s First Report, the Committee
expressed concern about delays in reunifying families in situations where one or
more members of a family have acquired
refugee status in Canada. The Government
of Canada notes the Committee’s concern.
- The
Committee may wish to note the progressive amendments to the Immigration
Act in 1993 (Bill C-86) which resulted in significant improvements in
the processing of applications from Convention refugees for permanent
residence
in Canada. Previous to these changes a Convention refugee had to obtain
permanent resident status before sponsoring dependent family members.
With
these amendments, Convention refugees may now apply simultaneously for permanent
residence for themselves and their dependent
spouses and children. Furthermore,
they may do so whether the dependents are living in Canada or
abroad.
- A
Convention refugee in Canada cannot obtain permanent resident status until all
of the dependents included in his/her application
have been located and have met
the relevant statutory, including security, requirements. Failure to locate
dependents will delay
the granting of permanent residence status. When this
happens, the Convention refugee applying for landing on behalf of him/herself
and dependents has 2 choices. One is to delay the application pending the
location of all dependents for whom the applicant is seeking
landed status. The
other is to remove the missing dependent(s) from the application. If the
applicant chooses the latter option,
the government notifies him or her in
writing that there is the possibility of permanent separation, although the
applicant may sponsor
family members to come to Canada later. Dependents who
are subsequently located may be added to an application within a prescribed
period of time.
- Claimants
in Canada who have been found to be refugees are eligible, together with their
dependents, for permanent residence in Canada
regardless of their medical
condition. The regulations do not require dependents to meet the definition of
a Convention refugee.
- Although
Canada places a high priority on the reunification of refugee families, it urges
families not to put children at risk by
sending them forward, either alone or in
the company of “couriers”, in an effort to gain their admission to
Canada.
Undocumented Convention Refugees
- According
to Canadian immigration legislation, Convention refugees must provide a
satisfactory identity document to obtain permanent
residence. In recent years,
it has become evident that some Convention refugees are unable to meet this
requirement as a result
of sustained political turmoil in their country of
origin and/or the lack of a central authority that could issue identity
documents.
Once a Convention refugee becomes a permanent resident, he/she may
apply to sponsor any remaining dependents as members of the family
class.
- On
January 31, 1997, the federal government introduced a new classification: the
Undocumented Convention Refugee Class in Canada
(UCRCC). This permits citizens
of designated countries (at the time of the writing of the report, Somalia and
Afghanistan) to apply
for permanent residence without fulfilling the requirement
to provide an identity document. UCRCC applicants can apply for permanent
residence five years after the acceptance of their refugee claim. Dependents in
Canada obtain permanent residence at the same time
as the principal
applicant.
- Family
reunification for dependents outside of Canada will be delayed during the
fiveyear waiting period. After the refugee has obtained
permanent residence,
he/she may sponsor his/her spouse and dependent children under 19 years of age
residing abroad. In addition,
children of undocumented refugees who reach 19
years of age during the five-year waiting period may benefit from exceptional
processing
on humanitarian and compassionate grounds, provided they are still
unmarried and were listed on their parent’s initial application
for
permanent residence. Under ordinary circumstances, children 19 years of age and
over must be financially supported by their
parents and in full-time study or
disabled to be sponsored as dependent sons or daughters.
Removals
- Canada
is cognizant of the need to balance the different and important interests at
stake: Canada’s interests in protecting
society and regulating immigration
are to be carefully weighed in relation to the interests of the individual
facing removal and
the impact of this removal on his/her family
members.
- When
a permanent resident has been reported as being in Canada illegally under the
Immigration Act, immigration officers usually interview the individual to
determine all the circumstances of his/her case, and provide a recommendation
to
a senior manager as to whether the individual should be directed to inquiry,
which could lead to deportation. Under the guidelines
provided to officers,
these considerations include family considerations. At the inquiry, there is no
consideration of humanitarian
or compassionate factors such as family interests
as the matter relates only to the individual concerned. The permanent
resident’s
rights to appeal a deportation order will vary depending on the
seriousness of the criminal behaviour. At the Appeal Division of
the
Immigration and Refugee Board, appeal rights have been determined by the UN
Human Rights Committee to be an adequate method for
balancing legitimate State
interest vs. individual’s interests; in the “danger to the
public” process,
individuals are provided with the opportunity to make written submissions to
the decision-maker with respect to humanitarian and compassionate
considerations
such as family ties; and in the security certificate process, family ties may be
considered through a humanitarian
and compassionate application.
- With
respect to non-permanent residents, usually those who have had no legal status
in Canada, or who had temporary status at one
time (visitor, for example),
family interests can be considered through a humanitarian and compassionate
application or an application
for a Minister’s permit.
Factors, Difficulties and Progress
Delays in the Refugee Determination System
- Canada
faces the challenge of balancing fairness with effectiveness by protecting those
who need protection, while dealing efficiently
with those who apply for refugee
status for reasons not related to protection. While the system for determining
refugee status is
widely respected as a result, it can involve delays in
reaching final disposition of cases.
- The
resulting delays in the determination of a claim can harm those in need of
protection and undermine the integrity of the system.
Children, in particular,
suffer because of the insecurity this delay brings into their lives. The delays
often interrupt schooling
for weeks and children find it difficult to establish
themselves.
- In
January 1999, the Minister of Citizenship and Immigration announced a number of
future directions for the immigration and refugee
programs. These announcements
include proposals to consolidate and streamline the refugee determination
process. The government
hopes that implementation of these proposals will speed
up the process so that refugee claimants, including children, can get on
with
their lives as quickly as possible. Another proposal would reduce the waiting
period for the Undocumented Convention Refugee
Class in Canada
from 5 years to 3. This would hasten both stability and family
reunification for those who are unable to obtain
documentation due to
conditions in their home countries.
- The
Urgent Protection Program (UPP) for refugees requiring resettlement on an urgent
basis for reasons related to immediate threat
to life, liberty or personal
danger was introduced by Citizenship and Immigration Canada (CIC) in 1999.
While all refugees in immediate
need for protection are eligible under the UPP,
a pilot project will be implemented in 1999 that will focus on Women at Risk
(AWR),
with the objective, where possible, of assessing cases within 48-72
hours.
Reunification of family - International Context
- The
Canadian International Development Agency (CIDA) has supported the work of
family reunification in developing countries. For
example, CIDA’s Rwanda
program has been supporting efforts to reunify children with their families
since 1995.
- CIDA
supports family reunification through several international agencies. These
include the United Nations High Commissioner for
Refugees (UNHCR) and Canadian
nongovernmental organizations such as Centre canadien d`etudes et de
coopération internationale (CECI).
2. Children in armed conflict - Article 38, including physical
and psychological recovery and social
reintegration
Paragraph 1:
Respect for international humanitarian laws
- In
accordance with the provisions of the 1949 Geneva Convention and the
1977 Additional Protocol, Canada continues to educate members of the
Canadian Armed Forces about international humanitarian laws regarding
combatants, prisoners
of war and civilians, including children.
International Context
Paragraphs 2 and 3: Participation in armed conflict
- Canada
is actively participating in the negotiation of an Optional Protocol to the
Convention on the Rights of the Child which would deal with children in
armed conflict. The Government of Canada supports the early adoption of a
strong text to raise
the minimum age for participation in hostilities and for
recruitment into the armed forces.
- Formalizing
a long-standing practice, Canada is in the process of codifying its practice
of not sending anyone under the age of 18 to hostilities, and is in the
process of examining current legislation on the recruitment
of individuals who
are under 18 years of age. The intent is to bring Canadian laws into line with
the expected terms of the Optional Protocol.
- Canada
also strongly supports the UN Special Representative on Children and Armed
Conflict (SRSG) as an advocate on behalf of children
in situations of conflict.
To this end, Canada will be part of a coalition of countries who will act as
“Friends of the SRSG”.
The Government of Canada has financially
supported this coalition of like-minded governments and NGOs who are seeking to
raise the
age of deployment and recruitment.
- Canada
is committed to assisting in the demobilization and reintegration of child
soldiers into civil society. In March 1998, the
federal government convened an
International Roundtable on Child Soldiers to examine a role for Canada in
addressing the issue of
children and armed conflict. NGOs and experts
attended the session.
- In
addition, the federal government has supported a project in the Democratic
Republic of Congo to help the national and provincial
authorities demobilize
1,500 child soldiers (aged 9 to 16 years) and reintegrate them into
their families and civil society. The
project also seeks to support their
primary school education and skills training. The government has also
contributed to a Canada-Norway
initiative in Algeria to train local health care
and social work professionals to assist children suffering from trauma as a
result
of the conflict there.
- The
Department of Foreign Affairs and International Trade (DFAIT) seconded Visiting
UN Fellow Nigel Fisher, former UNICEF Director
for Emergency Programs, to advise
the department and the Minister on children and armed conflict. Mr. Fisher
assisted in drafting
a policy framework for Canada on war-affected children.
Paragraph 4: Protection and care of children
- Canada
continues to take part in peacekeeping activities or other actions of a military
nature in accordance with the United Nations
Charter. Since 1994, these
operations have included peacekeeping missions on several continents. As a
matter of policy, Canadian
armed forces involved in these operations take
special measures to protect and provide for noncombatants, including children.
- Through
international humanitarian assistance, the Canadian International Development
Agency (CIDA) has provided substantial support
to children affected by armed
conflict. CIDA works with UN agencies such as UNHCR and UNICEF, as well as
Canadian and international
NGOs such as Médecins Sans
Frontières, the Red Cross and World Vision. These projects have
focused on the following areas:
- basic human
needs (including food, water, sanitation and health services) to children and
their families;
- the rebuilding
of physical infrastructures destroyed by conflict (including schools, hospitals
and orphanages);
- education and
the development of rehabilitative facilities for children and youth;
- family
reunification and assistance for internally displaced and unaccompanied
children;
- shelter and
counselling services for children psychologically affected by war (including
physically and sexually abused girls);
- the
demobilization and reintegration of child soldiers;
- demining and
land mines awareness-raising campaigns; and
- direct support
to Ministries of Youth, Health, Sport and Education.
- One
example of the kind of work CIDA has supported for children affected by armed
conflict is in Croatia, where the International
Children’s Institute (ICI)
cares for children who are struggling with trauma and stress by helping
them develop the emotional
coping skills they need for their total
well-being. Working with teams of experts in psychology, education,
communication and health and with children and parents, the ICI develops
community and school based programs focused on developing
children’s
emotional coping and resiliency skills. Since the fall of 1993, the ICI
has been working with mental health, education and communications professionals
in Dubrovnik, Croatia
to implement their building bridges program.
Article 39
- See
programs listed under Articles 34, 37 and 40 and provincial/territorial
sections.
B. Children involved with the system of administration of
juvenile justice
- This
section deals with the issue of juvenile justice and in particular with
Canada’s proposed youth justice system. Although the system was
announced in the Spring of 1998 (and therefore technically falls outside
this reporting period), it is included
here because of the significance of the
changes.
- In
particular, this section elaborates on proposed changes to the Young
Offenders Act which have occurred since Canada’s First
Report on the Convention on the Rights of the Child. The Bill, entitled the
Youth Criminal Justice Act was introduced in Parliament in March,
1999.
Constitutional Framework
Division of Power
- The
Government of Canada and the provincial governments share constitutional
responsibility for matters relating to children in conflict
with the law. The
federal government has jurisdiction over criminal law, including criminal
procedure. Provincial and territorial
governments have jurisdiction over the
administration of juvenile justice, including the provision of custodial and
health facilities
and services for young people in conflict with the
law.
- This
sharing of responsibility of the juvenile justice system between 2 levels of
governments and several jurisdictions requires an
integrated approach to
law-making. How this approach functions is described in detail below, under the
heading “Comprehensive
Review of Youth Justice
System”.
Factors, Difficulties and Progress
- While
the federal government consults the provinces and territories on the development
of, and modifications to, the youth justice
legislation, it also provides them
with financial assistance in their administration of the legislation and
delivery of programs
and services for young people in conflict with the
law.
- When
the Young Offenders Act was proclaimed in 1984, the federal government
entered into new financial agreements with the provinces and territories. These
arrangements
expanded the scope of the federal assistance which, until then, had
been limited to custodial services and some after-care programs.
These
agreements extended financial assistance to alternative measures, bail
supervision programs, post-adjudication detention,
and the preparation of
presentence reports and other specialized assessments. New financial
arrangements are now being negotiated
with the provinces and territories with a
view to promoting in a more direct fashion the policy objectives of the upcoming
new legislation.
Canadian Charter of Rights and Freedoms - Legislative
Guarantees
- The
rights set out in Article 40 (a) and (b, i, ii, iii, iv, and vi)
of the Convention on the Rights of the Child are guaranteed under
sections 7 (right to life, liberty, security of the person), 11 (legal
rights) and 14 (right to an interpreter)
of the Canadian Charter of Rights
and Freedoms.
- Legislation
in Canada provides for the right of appeal, as stated in Article 40 (b)
(v) of the Convention. As well, the privacy of most accused youth and
young offenders is respected throughout legal proceedings and after a verdict is
rendered.
Except for certain circumstances, publication bans are a statutory
requirement. This area is covered in further detail
below.
- The
rights protecting children deprived of their liberty (Article 37 (a),
(b) and (d)), are guaranteed in sections 12, 9, and 10 of the
Charter, respectively. Section 12 guarantees “the right not to be
subjected to any cruel and unusual treatment or punishment”. It should
also
be noted that capital punishment is not permitted in Canada.
Section 9 guarantees “the right not to be arbitrarily detained or
imprisoned”. Section 10 guarantees “the right
on arrest or
detention to retain or instruct counsel without delay, and to have the validity
of the detention determined by way of
habeas corpus”.
- Upon
ratification of the Convention, Canada entered a reservation with regard to
Article 37 (c), to ensure that in determining the custodial
arrangements for a young offender, the well-being of other young offenders and
the
safety of the public may be taken into account.
- Where
an accused young offender is convicted and sent to imprisonment, the (current)
Young Offenders Act requires the court, after affording the young
person, the parents of the young person, the Attorney General, the provincial
director
and representatives of the provincial and federal correctional systems
an opportunity to be heard, order the young person to serve
any portion of the
imprisonment in either (a) a place of custody for young persons separate and
apart from any adult who is detained
or held in custody; (b) a provincial
correctional facility for adults; or c) where the sentence is for 2 years or
more, a penitentiary.
In making such an order, the Court shall take into
account
(a) the safety of the young person;
(b) the
safety of the public;
(c) the young person’s accessibility to
family;
(d) the safety of other young persons if the young person were
to be held in custody in a place of custody for young
persons;
(e) whether the young person would have a detrimental influence
on other young persons if the young person were to be held in custody
in a place
of custody for young persons;
(f) the young person’s level of
maturity;
(g) the availability of suitable treatment, educational and
other resources that would be provided to the young person in a place
of custody
for young persons and in a place of custody for adults;
(h) the young
person’s prior experiences and behaviour while in detention or
custody;
(i) the recommendations of the provincial director and
representatives of the provincial and federal correctional facilities;
and
(j) any other factor the court considers relevant.
(Young
Offenders Act, R.S.C. 1985, c. Y-1, s. 16.2)
1. Administration of Juvenile Justice System - Article
40
Comprehensive Review of Youth Justice System
- Following
amendments to the Young Offenders Act in June 1994, the Minister of
Justice directed the Standing Committee on Justice and Legal Affairs to
undertake a thorough, openminded
and critical examination of the Act.
- At
that time, the federal government also established a
Federal-Provincial-Territorial (FPT) Task Force on Youth Justice. The mandate
of the task force was to conduct a comprehensive review of the Act. The
Task Force’s Report on Youth Justice, completed in August 1996,
contained recommendations on key elements of the youth justice system, such as
age jurisdiction, serious
offenders, alternatives to the courts, transfers to
adult court, improvements to the administration of justice, and sentencing.
The report was referred to the Standing Committee for its
consideration.
- In
April 1997, following extensive consultations with organizations and governments
across Canada and the consideration of numerous
briefs and reports, including
that of the FPT Task Force, the Standing Committee released its 13th
report, Renewing Youth Justice. (See Appendix B for
Committee’s recommendations).
- In
May 1998, the Government responded by issuing “A Strategy for the Renewal
of Youth Justice”. The strategy is based
on three key directions:
prevention; meaningful consequences for youth crime; and intensified
rehabilitation and reintegration for
serious and violent young offenders. The
renewal strategy is discussed in detail below as it pertains to the various
Articles of
the Convention.
Article 40 (2, vii): Right to privacy
- The
Young Offender Act permits the media to report on youth court proceedings
provided the identity or information leading to the identification of the
young
offender is not revealed. There are a few exceptions to this
prohibition:
- The
identification of a young offender transferred to adult court can be
revealed.
- The youth court
may authorize the release of the name of a young accused if the youth is at
large, a danger to others, and the publication
is necessary to assist in his or
her apprehension.
- A young person
can apply to the youth court to have his or her name released to the public and
the youth court may grant the application
if it is deemed not to be contrary to
the youth’s best interests.
- The youth court
may also, on application from the Crown or a peace officer, authorize the
release of information to designated persons
in order to avoid
serious harm,
if the young person has been found guilty of an offence
involving serious
personal harm, or if the young person poses a risk of serious personal
harm.
- Information may
be shared with school officials about a young offender where
such a step is
required to ensure the safety of staff, students and others.
- The
Standing Committee recommended that the Young Offenders Act be amended to
provide youth court judges with the discretion to allow general publication of
the name of a young offender in circumstances
where people are at risk of
serious harm and where, for safety reasons, the public interest requires that
publication be done.
- Under
the current system, as noted above, the name of a young person transferred
to
the adult system can be made public. The federal government proposes
that the names
be made public in cases where the young offender is convicted
and given an adult
sentence.
- The
federal government also proposes an approach that permits publication in certain
defined circumstances after the individual has
received a youth sentence.
For example, the name of a young offender 14 years of age or older who
has been convicted of one of the five presumptive offences
(murder,
attempted murder, manslaughter, aggravated sexual assault, or an offence which
forms part of a pattern of serious violent
offences) could be published, even if
he or she does not receive an adult sentence. However, the judge would
have the discretion to order that the name not be made public.
Article 40 (3) (a): Minimum age
- The
minimum age for an individual to become involved in the youth justice system is
12 and will remain at 12.
- The
Standing Committee had recommended that, in exceptional circumstances, 10
and 11 year old youth suspected of committing extremely
violent
offences should be subject to the youth justice system. The Standing
Committee further recommended that this be done at the consent of the provincial
Attorney General and that the court’s
authority would include placing the
child in the care of child welfare authorities if required.
- However,
the federal government, after careful consideration of the recommendation,
concluded that referral to the appropriate provincial/territorial
social and
mental health services would provide a better response to the needs of these
youth. The Government of Canada believes that these services are more
age-appropriate, family-oriented and therapeutic than those available
through
the criminal justice system for children of this age.
- In
Canada, very few children under the age of 12 are involved in serious, violent
behaviour. Recent experience indicates that if the juvenile justice
legislation had been extended to children 10 to 12 years old, fewer than
3 or 4
children within that age group would be charged with a presumptive offence in
Canada each year.
Article 40 (3) (b): Alternative measures to judicial
proceedings
Crime Prevention Initiative
- The
National Strategy on Community Safety and Crime Prevention is designed to help
Canadians create safer communities by supporting
community-based crime
prevention efforts, enhancing communities’ knowledge and experience with
respect to crime prevention
and fostering partnerships and collaboration.
Phase I of the Strategy was launched in 1994. This phase provided a
framework for federal efforts to support community safety and crime
prevention. It encouraged federal, provincial and territorial
cooperation and emphasized the mobilization of Canadians to take action at the
community
level to prevent crime. As part of Phase I, the federal
government created the National Crime Prevention Council (1994-1997), which was
composed of 25 individuals
with various backgrounds and expertise.
- Phase
II of this strategy was launched in 1998 and consists of 3 funds: the
Investment Fund, the Partnership Fund and the Community
Mobilisation
Programs. Examples of initiatives created by Phase II will be outlined
in the next report.
Other Child-oriented Programs
- The
National Children’s Agenda and the Aboriginal Healing Strategy are 2
examples of federal government programs that aim to
improve the lives of
children and, among many other benefits, reduce the number of young people who
commit criminal acts. These and other government initiatives are
discussed throughout this report.
Specific Alternatives to Judicial Processes
- Alternatives
to the formal youth justice system are an important component of Canada’s
youth justice strategy. The Government of Canada recognizes that the
majority of youth crime is of a temporary and minor nature and that the
involvement of
communities, offenders, victims, families and others in
responding to the wrongdoing generally leads to more enduring
solutions.
- The
police play a key role in promoting the use of alternatives to the justice
system, screening youth into alternative programs,
and developing informal and
effective resolutions for delinquent behaviour. Consistent with the
recommendations of the Standing Committee, the new legislation will give the
police appropriate flexibility to
exercise their discretion in support of
effective alternatives to formal judicial procedures. In addition, the
government will ensure that the youth justice system encourages alternatives to
youth court proceedings, such as
diversion programs, family group conferencing
and other alternative measures or programs.
- The
Community and Youth Justice Committee approach is an example of an effective
alternative measure. These committees develop responses and programs
that are tailored to the needs of individual young people and their
communities.
Article 40 (4): Variety of dispositions
Community-Based Sentences
- Community-based
sentences provide effective alternatives to custody for many young offenders.
They encourage family members and the larger community to participate in
resolving conflicts and developing solutions to youth crimes.
Community-based sentencing provides greater and more meaningful assistance
to young offenders, without sacrificing public safety.
- Community-based
measures can also be used as the basis for reintegration and after-care
programs. These programs help provide a structured
transition back to the
community for youths who have been in custody, thereby reducing the chances of
reoffending. The Youth After-Care Program in St. John’s,
Newfoundland, for example, provides young offenders with education programs, job
training and individual counselling to assist in their
reintegration.
- The
proposed youth justice legislation provides for increased re-integration
measures which assist a young person in successfully
reintegrating back into the
community after a period of custody.
- Due
to the large number of Aboriginal youth in custody there is a special need to
examine community based alternatives for Aboriginal
youth. The
Aboriginal justice inquiries in Alberta, Saskatchewan and Manitoba found
disproportionately high pre-trial detention and custodial
rates for Aboriginal
youth. The Manitoba inquiry recommended resources for Aboriginal
communities to develop community-based alternatives to detention.
Factors, Difficulties and Progress
- The
development and implementation of community-based sentencing programs will
require financial resources. The Standing Committee recommended a
significant shift in resources from custodial institutions to community-based
services and the
negotiation of new federal/provincial/territorial financial
agreements to reflect this objective.
- To
this end, the development of a wide range of alternatives to courts and
incarceration are a priority for the Government of Canada,
and will be reflected
in the negotiation of new federal/provincial/territorial cost-sharing
arrangements. Initially, programs will require
start-up
funds, and these will vary with the unique needs of each jurisdiction.
The savings resulting from reduced incarceration will provide ongoing
funding for alternative programs
and for improved treatment of the more
serious offenders who receive custodial
sentences.
- Federal,
provincial and territorial cooperation is essential to achieving the shared
objectives of the renewal of youth justice. Alternatives and
community-based sentences should help reduce administrative costs for the
provinces and provide a youth justice system
with more choices available to
judges. This, in turn, will assist in the availability of custodial
resources for violent and serious young offenders.
2. Children deprived of their liberty - Article 37
Paragraph (b): Arbitrary detention
- The
constitutional and statutory guarantees outlined in the First Report remain.
- For
the vast majority of offences, non-custodial sentences are imposed. When
custody is imposed, an annual judicial review, including a full reassessment of
the young offender’s sentence, is available
to the young person.
Furthermore, young offenders who are transferred to a more secure level of
custody may request either an administrative review by
an independent review
board or judicial review of the decision.
Paragraph (c): Separate detention of young offenders
- The
vast majority of young offenders who are detained are in custody in youth
custody facilities. However, upon ratification, Canada
entered a reservation
with regard to
Article 37 (c) to ensure that, in
determining the custodial arrangements for a young offender,
the well-being
of other young offenders and the safety of the public may be taken into
account.
- According
to the proposed legislation, all youth under 18, even those serving an adult
sentence, are presumed to be placed in youth
custody
facilities.
- With
regard to detention prior to sentencing, the proposed legislation will stipulate
that a young person detained prior to sentencing
shall be held separate and
apart from any adult who is detained or in custody unless:
- a youth justice
court judge or a justice is satisfied that it is in the best interests of the
young person and the young person cannot,
having regard to either his own safety
or the safety of others, be detained in a place of detention for young persons;
or
- no place of
detention for the young person is available within a reasonable
distance.
- As
well, the proposed legislation states that following arrest, a young person who
is detained shall be transferred to a place of
temporary detention separate from
adults as soon as practicable and in no case later than the first reasonable
opportunity after
the appearance of the young person before a youth justice
court judge or justice.
- Correctional
Services Canada has conducted an internal review of young offenders sentenced to
federal custody to ensure that the safety,
well-being and programming needs of
the offender are appropriately met.
- As
of September, 1999, there were 8 young offenders held in adult
penitentiaries. A majority of these offenders are Aboriginal.
Correctional Services Canada is currently exploring the possibility of
transferring some of the Aboriginal young offenders to Aboriginal
healing lodges
to best meet their needs.
Paragraph (c): Separate detention in immigration
context
- Children
may arrive in Canada with or without a parent or guardian. In all cases,
the rights of the child remain paramount. The deprivation of the liberty
of children for purposes of immigration security is used only as a measure of
last resort.
- The
Immigration Act provides that an immigration officer may detain for two
reasons:
- there are
reasonable grounds to believe the person poses a danger to the public;
- there are
reasonable grounds to believe the person would not or is not likely to appear
for an examination, an inquiry or removal
from Canada.
- As
noted, the decision to detain a person is not made lightly and immigration
officers are instructed to consider other options, such
as cash or performance
bonds or promises to appear, whenever possible. In situations involving
families, it is often only the head of family who is detained.
- The
rights of the person detained are protected by the Canadian Charter of Rights
and Freedoms and, more specifically, the Immigration Act. The
Act provides for detention reviews to ensure that the person is detained with
cause and that he or she may speak on their own
behalf. Everyone who is
detained is advised of their right to retain and instruct
counsel.
- A
detention review must occur before an adjudicator of the Immigration and Refugee
Board after the first 48 hours of a person’s
detention. Further
reviews are conducted after 7 days and every 30 days thereafter. The
adjudicator reviews the reasons for continued detention on each occasion.
Should the adjudicator find that reasons for continued
detention do not exist,
he or she may order that the person be released.
- Citizenship
and Immigration Canada operates two holding centres. These are minimum
security establishments which detain people considered to be low risk.
These centres are not jails. In contrast, criminals, terrorists and
danger cases are detained in jails operated by provincial governments.
Low risk individuals and families who must be detained in a community
distant from a holding centre are typically accompanied by security
personnel to
a local hotel or motel. This is usually done to ensure and facilitate
removal of a family that has a history of not cooperating.
- Operational
guidelines for immigration officers provide that in cases involving minors,
especially unaccompanied minors, “the
decision to detain/release should
also be guided by Article 3 of the Convention on the Rights of the
Child,” which provides that in all actions concerning children
undertaken by administrative authorities, the best interests of the
child shall
be a primary consideration.
- In
cases where children arrive accompanied by a parent or guardian and the parent
or guardian is detained, any request to keep the
family together is assessed and
efforts are made to allow the children to stay with the parents. Where
the parents are held in an immigration holding centre, the family is generally
segregated from the general population of the
facility, often with separate
sleeping facilities for the women and children. At the detention
facility in Laval, the minor is kept with the mother and the father’s room
is in the men’s building but
he may come over during the day and stay with
the family. In Mississauga, the family is kept together in a room which
is separate from the men’s and women’s facilities.
- In
cases where children arrive in Canada without a parent or guardian, officials
attempt to locate relatives already in Canada wherever
possible.
Provincial and municipal child welfare authorities are also notified.
Detention of an unaccompanied child at an immigration facility for more than
a brief period, the time required to ensure that the
child will receive proper
care elsewhere, is unusual. Detained children are always held apart from the
rest of the incarcerated
population. They are closely monitored and have
access to common areas where toys, games, television, books and outdoor
recreation activities
are made available. There is also on-site medical
staff available.
- Certain
non-governmental organizations have full access to immigration holding centres
while other organizations have access to visit
and provide support to a person
in a holding centre. The Department of Citizenship and Immigration works
closely with these organizations to improve conditions for detained persons and
to resolve problems which may arise.
- The
National Standards and Monitoring Strategy for immigration holding
centres, which were developed in cooperation with non-governmental
organizations, include a section under
“Special Measures” for both
unaccompanied and accompanied minors which includes: physical
placement, access to education and recreational programs and monitoring with
respect to health and psychiatric care. For example, the strategy
recommends that minors detained for more than 7 days have access to
education.
Paragraph (d): Legal assistance
- Young
persons under the current Young Offenders legislation and under the proposed
Bill have the right to counsel at any stage of
the proceedings. A court
can order the Attorney General to have counsel appointed for the young person.
C. Children in situations of exploitation, including physical
and psychological recovery and social
integration
1. Economic exploitation - Article 32
- The
statutory protections as outlined in the First Report remain.
- The
Government of Canada is committed to reducing the economic exploitation of
children internationally as well as domestically.
- In
October 1997, Canada hosted a trilateral conference in Ottawa with its NAFTA
(North American Free Trade Agreement) partners, the
United States and
Mexico. The purpose of the conference was to discuss trends in this area
and to consider measures that various sectors of society could adopt
to reduce
inappropriate child labour. Items on the agenda included legal
protection afforded to children, education programs, access to social services
and child care,
and adequate safeguards for the safety and health of working
children and youth.
- In
April 1997, the Minister of Foreign Affairs announced the creation of the
Child Labour Challenge Fund, aimed at engaging Canada’s private
sector in contributing to international efforts to eliminate exploitative child
labour. The fund ended in March 1999.
- The
federal government, through the Canadian Centre for Foreign Policy Development
(CCFPD), has supported a number of public initiatives
to combat exploitative
child labour. These initiatives have included roundtables, youth
education programs, awareness raising and workshops. The results of
these projects and proceedings are widely disseminated through the
Centre’s publications and Web site and through
its growing policy
community network across Canada.
- The
Canadian International Development Agency (CIDA) has also addressed the issue of
child labour, through poverty alleviation and
an integrated set of activities
including investments in primary education, creating alternate employment
opportunities for adults,
especially women, and projects specifically targeted
at child labourers. CIDA is working to address the immediate needs of
child labourers by supporting their right to education, health care, and to a
safe
childhood. CIDA also believes that children’s participation should
be an integral part of any intervention.
- An
example of CIDA’s approach to integrating child protection into project
activities is the Small and Micro Development in
Upper Egypt (SMEDUP) project,
which began in 1996. Delivered by the Foundation for International
Training, the project helps Egyptian people create small businesses and jobs
in order to improve their quality of life. Child protection has
become an increasingly important theme in the project which works with the new
enterprises to ensure that any
children employed in the firms are not exploited,
work in a safe environment and receive access to training and education that
will
serve them in the future. The project also promotes better
practices in protecting working children amongst the small business sector
through its involvement
in the Egyptian Small and Medium Enterprise
Associations’ group on Children and Work.
- In
1996, Canada contributed $700,000 to the ILO’s International Program for
the Elimination of Child Labour (IPEC) and, in 1997,
participated in both the
Amsterdam (February) and Oslo (October) Child Labour Conferences. The
purpose of these conferences was to
build momentum for the adoption
in 1999 of a new ILO Convention dealing with the most extreme forms of child
labour. Canada is committed to the elaboration of such a Convention and
has made its negotiation the focus of our multilateral efforts on
the issue of
exploitative child labour.
- In
April 1998, in response to a 1997 report by the House of Commons Sub-Committee
on Sustainable Human Development, the Government
of Canada tabled Ending
Child Labour Exploitation: A Canadian Agenda for Action on Global Challenges.
The report outlined the government’s ongoing efforts and new actions
in this area, including work with key multilateral organizations. New
initiatives included a study on child and youth labour in Canada and a
contribution of $500,000 to support the work of the ILO’s
Statistical
Information and Monitoring Program on Child Labour (SIMPOC).
2. Drug abuse - Article 33
Measures in Force
- In
1997, Canada’s new Controlled Drugs and Substances Act came into
force. The Act, which modernized and consolidated the existing drugs and
narcotics legislation, provides mechanisms to ensure that the export,
import,
production, distribution, possession, and use
of internationally
regulated substances are confined to medical, scientific and industrial
purposes.
Priorities and Goals
- Addressing
the needs of youth is a priority of Canada’s Drug Strategy, which aims to
reduce the harm associated with alcohol
and other drugs to individuals,
families and communities. Strategy initiatives include research on the
risk factors and root causes of substance abuse, the analysis and dissemination
of information
about best practices for
prevention, and the development of resources for those who work with youth in
this area. A number of federal departments work closely with
provincial/territorial governments and a variety of other stakeholders on four
fronts
to:
- prevent the use
of drugs by those not currently using them;
- reduce the harm
to those who do use them;
- enhance
treatment and rehabilitation for those affected by substance abuse;
and
- cooperate at the
international level to address the global drug problem.
Institutions and Mechanisms
- The
Canadian Centre on Substance Abuse (CCSA) was established by an Act of
Parliament in 1988 and is funded by the Canadian government. The centre
operates as a national clearinghouse for the collection, analysis and
dissemination of knowledge on substance abuse, addiction
and related health
information. For example, CCSA provides information for youth on its Web
site and operates a Resource Centre on Fetal Alcohol Syndrome/Fetal Alcohol
Effects. CCSA has been working with the United Nations International
Drug Control Program (UNDCP) to establish a virtual clearinghouse on substance
abuse.
- The
Government of Canada recognizes the importance of education and prevention in
reducing substance abuse and has developed a number
of educational programs for
a range of ages and needs. For example, Just for Me, which promotes a
holistic approach to substance abuse prevention within schools and communities,
is targeted to children 7, 8 and
9 years old. This program includes six
15-minute videos, a comprehensive teachers’ guide and a peer-helper
handbook. The program also includes a parent/home component with videos
for parents, a parent’s guide, and a parent workshop leader’s
manual.
- Your
Choice. . .Our Chance is aimed at children in grades 5 and 6. The
program brings together schools, families, and communities in a working
partnership to prevent the early use and abuse of alcohol,
tobacco,
and other drugs by young people. The program consists of
2 components: one for use in schools and one for use in the community.
The school component includes teacher’s and facilitator’s guides
and 10 15-minute videos that show young people in realistic
situations and which
focus on behaviour, development and skills-building. The community
component contains a community handbook and 3 30-minute videos illustrating
successful community programs.
- Canada’s
Drug Strategy collaborated with the National AIDS Strategy to coordinate a
public awareness and education tour which
used music and comedy to address the
links between alcohol use and HIV infection among post-secondary
students.
- Health
Canada and provincial territorial governments have collaborated in the Community
Development Project for Youth-At-Risk in Montreal,
Halifax, several communities
in Manitoba and Saskatchewan, and Whitehorse. The project developed
community activities
and tools to address substance abuse issues facing at-risk youth. The
project also provided valuable experience in the development of successful
youth-based community programs, which was used to produce
a model for community
development and a booklet of tips for service providers.
- Horizons
III - Young Canadians’ Alcohol and Other Drug Use: Increasing Our
Understanding, the third of three key publications on at-risk populations,
summarizes some of the most significant and interesting results about
young
peoples’ alcohol and other drug use from recent Canadian surveys.
It also identifies gaps in current knowledge and suggests methods to correct
these deficiencies.
- The
project Peer Helper Initiatives for Out-of-the-Mainstream Youth focuses
on the types of peer helper initiatives which have proved to be successful in
working with youth-at-risk and the challenges
that are present when developing
or maintaining peer helper initiatives. The project developed a report
and compendium of projects based on site visits in selected communities,
interviews and focus group
discussions with at-risk youth and with people
providing them with services.
- Canada’s
Alcohol and Other Drugs Survey 1994: A Discussion of the Findings looked at
Canadians’ behaviours and attitudes as they relate to alcohol and other
drugs. The results of this survey are useful to people working in
substance abuse and related health and social fields and also provide valuable
information to policy makers, scientists and treatment and program
specialists.
- The
Alcohol and Drug Treatment Program (ADTR) supports the provinces and territories
in increasing and expanding innovative treatment
and rehabilitation programs
related to alcohol and other drugs. Youth is the prime target group for
services funded under ADTR; other populations at risk, such as women, are also
targeted.
- Various
social marketing initiatives have also been developed to address substance use
issues among youth, including development of
themes and scripts for popular
television programs, collaboration with the private sector, continued
partnership with Concerned Children’s
Advertisers, and the use of shopping
malls to provide programs to youth. “Social marketing” uses
marketing techniques to generate discussion and promote information, attitudes
and values, thereby
creating a climate conducive to social and behaviourial
change.
- In
1998, in collaboration with the United Nations International Drug Control
Program (UNDCP), Canada hosted an international event
on youth and drugs.
Organized by the Alberta alcohol and Drug Abuse Commission (AADAC), the
Canadian Centre on Substance Abuse (CCSA) and several federal
government
departments, the event was attended by more than 150 young people from
approximately 22 countries, including 75 youth
from across Canada.
Participants had the opportunity to discuss relevant issues, share ideas and
information, and explore innovative approaches to addressing
the global
problem. A report containing recommendations from the youth was
submitted to the United Nations General Assembly Special Session on Drugs
in
June 1998.
- Health
Canada, in collaboration with provincial/territorial governments and community
groups, has participated in two phases of the
World Health Organization (WHO)
International Street Children Project. The first phase developed an
international methodology to assist local communities to become involved in
street children issues. The second phase of the project tested
WHO-created resource materials and provided feedback for future revisions.
A third phase, in which Health Canada will also participate, will focus on
the dissemination of the information and the establishment
of model programs,
training centres, and research centres in participating
countries.
3. Sexual abuse and sexual exploitation - Article 34
Measures in Force
- Section
163.1 of the Criminal Code entered into force in August 1993. It
prohibits the production, publication, importation, distribution, sale or
possession of child pornography in order to protect children
from child
pornography, sexual exploitation and harm. Under the Criminal
Code, child pornography includes photographic, film, video or other visual
representations showing a person who is or is depicted as being
under the age of
18 and is engaged in or depicted as engaged in explicit sexual activity.
It also includes such visual representations where the dominant
characteristic is the depiction, for a sexual purpose, of the sexual
organ or
anal region of a person under the age of 18. Further, any written
material or visual representation that advocates or counsels sexual activity
with a person under the age of 18
that would be an offence under the Criminal
Code is also included in the definition of child pornography and is
therefore prohibited.
- The
offences of production, importation, distribution and sale of child pornography,
and possession for such purposes, carry maximum
sentences of 10 years in prison;
the offence of simple possession of such materials is subject to a maximum term
of 5 years in prison.
- In
recent years, a number of cases before the courts have addressed concerns about
the availability of child pornography on the Internet. In many
Canadian provinces (e.g., Newfoundland, Nova Scotia, Quebec, Ontario,
Saskatchewan, Alberta, and British Columbia), systems
operators and individuals
have been charged and convicted with either distribution or possession of child
pornography under section
163.1 of the Criminal Code.
- In
a recent case, the British Columbia Supreme Court held that these provisions in
the Criminal Code were unconstitutional, as the
criminality of possessing child
pornography infringed the accused’s freedoms and rights under the
Canadian Charter of Rights and Freedoms. The court held that the
detrimental intrusion into the freedom of expression and to the right of privacy
by making it an offence
to simply possess pornography substantially outweighed
the salutary effect of combating practices that put children at risk.
The British Columbia Court of Appeal upheld the lower court’s
findings. The Crown has appealed the decision to the Supreme
Court of Canada
(R. v. Sharpe (1999) 136 C.C.C. (3d) 97).
- The
child sexual abuse provisions of the Criminal Code were amended by Bill
C-15 in January, 1988. The bill required that a Committee of the House
of Commons review these new provisions after four years in operation.
Accordingly, in 1993, the Standing Committee on Justice and the Solicitor
General reviewed Bill C-15 and reported its findings in
Four Year Review of
the Child Sexual Abuse Provisions of the Criminal Code and the Canada Evidence
Act (Formerly Bill C-15). The federal government supported this review with
research in a number of Canadian jurisdictions to assess the impact of the new
legislation. Researchers also examined the impact of the 1988 amendments
by reviewing the outcomes of child sexual abuse cases that were reported
to the
police and/or child welfare agencies in five Canadian cities. These
research reports have been publicly released and widely
disseminated.
- In
August 1993, Bill C-126 further amended the Criminal Code to provide
increased protection to children from sexual abuse and to facilitate the giving
of evidence by a child victim/witness. In particular, Bill
C-126:
- created a new
prohibition whereby a court may now make an order, for up to life, prohibiting a
convicted sex offender from attending
a public park or swimming area, or a
school ground or playground, and from being an employee or volunteer in a
position of trust
over a child under the age of 14 years (section 161 of the
Criminal Code);
- allows a person
to obtain a peace bond (protective order), lasting up to 12 months, if he or she
fears that another person will commit
a sexual offence against a child.
A condition of the peace bond may be that the defendant be prohibited from
engaging in any activity involving contact with children
under 14 years, and
from attending a public park or public swimming area, or a daycare centre,
school ground, playground, or community
centre (section 810.1 of the Criminal
Code);
- abrogated any
requirement that a court warn the jury about convicting an accused on the
evidence of a child (section 659 of the Criminal Code);
- permits a judge
to prohibit the accused from personally cross-examining the child and to
appoint counsel for the purpose of conducting
the crossexamination
(subsection 486 (2.3) of the Criminal Code);
- permits a
support person to accompany the child while testifying and allows the judge to
order that the support person and the witness
not communicate with each other
during the witness’ testimony (subsection 486(2.1) of the Criminal
Code);
- provides for the
exclusion of the public while a child is testifying in a case involving sexual
abuse or violence (subsection 486(1.1)
of the Criminal Code);
and
- prohibits anyone
from doing anything in Canada for the purpose of removing a child, who is
ordinarily resident in Canada, with the
intention of committing one of the
enumerated assault and sexual offences against a child, which if committed in
Canada, would be
an offence (section 273.3 of the Criminal
Code).
- During
the Summer of 1994, federal departments consulted with provincial/territorial
officials, police agencies and non-governmental
organizations to assess support
for improved measures to keep sex offenders away from children and for a
registry of offenders. While participants did not support the
establishment of a registry, there was support for measures to help NGOs screen
out sex offenders
from child-sensitive positions. The National
Information Systems on Child Sex Offenders and the National Education Campaign
were announced by the Solicitor General
of Canada based on the consultation
findings.
- Accordingly,
enhancements to the existing Canadian Police Information Centre (CPIC) database
to provide more and better information
regarding sex offenders were
announced. CPIC, which is accessible to all police agencies in Canada,
now includes data on all convicted sex offenders (summary and indictable
convictions), prohibition orders and peace bonds relating to sex offenders, age
and sex of child victims of sexual abuse, and fingerprint
information on persons
accused of hybrid offences. Any organization that offers services to
children and other vulnerable people can request that job applicants/volunteers
obtain a
CPIC criminal record check through their local police as a condition of
employment or volunteer work.
- The
National Education Campaign, in partnership with the Canadian Association of
Volunteer Bureaux and Centres, produced a comprehensive
training manual on
screening out sex offenders, a series of fact sheets and a video called
Duty of Care. These materials have been used in over 200
communities across Canada, more than 2,500 manuals have been distributed, and
training
has been taken by more than 2,000 non-profit organizations and more
than 500 palliative care organizations. This initiative was renewed
in November 1997 for an additional two years.
- The
government is currently reviewing the effectiveness and adequacy of these
initiatives with a view to strengthening the protection
of children against
sexual exploitation.
- In
May 1997, Bill C-27 amended the Criminal Code to allow for the Canadian
prosecution of persons who engage in child sex tourism and to facilitate the
apprehension and prosecution
of persons who seek out the services of juvenile
prostitutes in Canada. The bill also included provision for the
mandatory minimum sentence of 5 years imprisonment for any person living on the
avails of
prostitution in relation to a person under the age of 18 and who uses
violence against the person under that age and assists that
person in carrying
on prostitutionrelated activities for profit.
- Parliament
also amended the Criminal Code to specifically characterize female
genital mutilation as a form of aggravated assault. Community
representatives identified and supported the need for such an amendment to
support ongoing educational efforts to halt this
practice.
- Status
of Women Canada convened two roundtables to address the issue of child
exploitation, and in particular, exploitation of girls
and young women.
In December 1996, the Roundtable on Child Sex Tourism brought
representatives of the travel and tourism industry together with groups such as
Street Kids International and End Child Prostitution
in Asian Tourism (ECPAT) to
look at ways in which Canadians can contribute to solving the problem of child
sex tourism. The second roundtable, in March 1998, produced a draft
action plan for a national education campaign against the commercial sexual
exploitation of children. The
campaign, called Stolen Innocence, brings together representatives of
the Canadian travel and tourism industry, NGOs and governments to coordinate
efforts to address
the problem here and abroad.
- Through
its Women’s Program, Status of Women Canada provides financial and
technical assistance to organizations working to
advance gender equality at the
community, regional and national level. Support has been provided for the
production and distribution
of a culturally-sensitive workshop module for use by
communities in which female genital mutilation is a traditional practice. The
Women’s Program has also supported projects to provide crosscultural
sensitivity training for social workers, to improve communication
between the
government and agencies dealing with Aboriginal children, and to adopt a model
of risk assessment designed by and for
Aboriginal child welfare professionals.
In addition, support has been provided for projects addressing the commercial
sexual exploitation
of children including research and development of a
coordinated community action plan to address the sexual exploitation of children
in Saskatoon.
- The
Government of Canada, through the work of a federal interdepartmental committee,
is developing and promoting a Canadian strategy
in line with the principles set
out in the Report of the Rapporteur-General, prepared by Professor Vitit
Muntarbhorn, former UN Special Rapporteur on the Sale of Children, Child
Prostitution and Child Pornography.
The strategy includes child participation,
prevention, protection, recovery/reintegration, information collection and
dissemination,
international cooperation and follow-up. In 1997, the committee
issued a list of federal government activities intended to eliminate
the
commercial sexual exploitation of children. The list is currently being
revised.
- In
1998 in Victoria, British Columbia, the Government of Canada hosted Out From
the Shadows - An International Summit of Sexually Exploited Youth. The
conference was initiated by Senator Pearson, Canada’s Senator for
Children’s Rights, and Cherry Kingsley, a child
advocate and former victim
of sexual exploitation, following their participation in the First World
Congress Against Commercial Sexual
Exploitation of Children in Stockholm in
1996. In preparation for the Summit, sexually exploited children and youth in
Canada were
consulted on various issues. The five-day Summit brought together
youth as well as representatives of governments and non-governmental
organizations to examine issues related to the commercial sexual exploitation of
young people and to develop strategies and initiatives.
The Government also
supported the attendance of both Canadian and international youth at the
conference. Participants at the Summit
developed a Declaration and Action Plan.
Canada is now exploring ways to develop support mechanisms for youth returning
to their
communities, in areas of rehabilitation and counselling, education and
training, and reintegration into the community and labour
force.
- Internationally,
much of the work of the Canadian International Development Agency has a direct
or indirect impact on the sexual
exploitation of children. In particular, CIDA
supports initiatives with street children, working children, sexually
exploited/trafficked
children,
children affected by HIV/AIDS, and children affected by armed conflict to
respond to the
immediate needs of these girls and boys, reduce the
vulnerability of all children to abuse, exploitation and violence, and support
advocacy aimed at governments, civil society and children themselves to raise
awareness of and change attitudes toward children that
have been victims of
violence and exploitation.
- Internationally,
much of the work of the Canadian International Development Agency benefits
children who are vulnerable to sexual
exploitation. For example, CIDA has
provided support for women and children to increase their access to basic
social services such
as health care and education, and funding to
non-governmental organizations such as StreetKids International who work
directly with
children vulnerable to sexual exploitation.
- CIDA
also supports projects which are targeted specifically at helping sexually
exploited children. Through the Southeast Asia Fund
for Institutional and Legal
Development, CIDA supported the preparation of regional and country reports on
the trafficking of women
and children in the Mekong Region. At the regional
Conference in Bangkok in 1997, delegates
from each country shared views on
cross-border issues, agreed to a working definition of trafficking, and reached
some tentative decisions
on cross-border protocols to protect and assist
victims.
- Programs
that indirectly affect the sexual exploitation of children include innovative
basic education projects, support of organizations
working with street children
and improving access to basic health services.
- The
Government of Canada strongly supports the early adoption of an Optional
Protocol to the Convention on the Rights of the Child on the Sale of
Children, Child Pornography and Child Prostitution. Canada has been very
active in the negotiations to ensure that the text would obligate states to
criminalize these practices and put
in place measures for the protection of
child victims.
Factors, Difficulties and Progress
- The
Government of Canada, in cooperation with the provinces and territories, is
developing a two-component project to increase the
protection of children and
youth against abuse and neglect, including sexual exploitation. The first
component will assess the need
for amendments to the Criminal Code and
the Canada Evidence Act regarding children’s testimony (including
competency, hearsay evidence, and videotaping), age of consent to sexual
activity
(including close-in-age exceptions), the definition of specific
offences against children (physical and emotional abuse, neglect,
child
homicide), and sentencing to provide better protection of children. The second
component will examine the early warning, prevention
and enforcement stages of
child protection as they relate to the Criminal Code. Working closely
with provincial and territorial child welfare/protection officers, the project
will develop intersectoral and interdisciplinary
approaches (social services,
criminal justice personnel, coroners, health professionals and educators) to
increase protection to
children.
4. Prevention of Sale - Article 35
- In
December 1996, Canada ratified the Convention on Protection of Children and
Cooperation in Respect of Intercountry Adoption. The Convention is in force
in most provinces and territories. The Convention will assist in preventing the
abduction, sale or trafficking
of children.
5. Other forms of exploitation - Article 36
- Minefields
kill or maim an estimated 25,000 people a year, mostly civilians, and many
of them children. Canada’s long involvement in peacekeeping
missions, where it has seen firsthand the lasting and devastating effects of
land
mines, was a major factor in Canada’s decision to spearhead the
diplomatic campaign to negotiate an international ban on the
weapons. In
December 1997, Canada hosted the formal signing of the Convention on the
Prohibition of the Use, Stockpiling, Production and Transfer of
Anti-Personnel Mines and on their Destruction, commonly known as the
Ottawa Convention. The Government of Canada has pledged $100 million
over the next five years to support the removal of the millions of mines in the
ground and to provide assistance to victims and nations coping with their
devastating effects. As well, the Government of Canada has worked
closely with the UN Mine Action service and UNICEF on demining activities,
awareness-raising
and education around landmines.
- Parental
child abductions, another form of exploitation, are a source of growing concern
to the Government of Canada. Parental child abduction occurs when a
child is taken by one parent without the permission or legal authority of the
other parent
who has lawful custody of the child. It usually arises in
the context of a custody dispute. Canada’s law enforcement
agencies and the Criminal Code provide measures for expedient location of
abducted children and the punishment of the abducting parent. Parental
child abductions were discussed in further detail in Theme V, Article 11 of this
report.
Priorities and Goals
- The
House of Commons Sub-Committee on Human Rights and International Development
released its Report on International Child Abduction. The report
included recommendations to:
- examine, with
the provinces and territories, ways to formally encourage other states to become
signatories to the Hague Convention on the Civil Aspects of International
Child Abduction;
- develop
consistent data on domestic and international parental abductions;
- establish a
joint federal/provincial/territorial cost-sharing fund for expenses related to
travel and legal services to assist parents
in need whose children have been
abducted from Canada; and
- organize an
annual conference in Canada with international key players to share information
and search for solutions to international
child abductions.
- Eleven
of the 14 recommendations were endorsed, with some qualification, by the
Government of Canada. As well, guidelines to assist
in the uniform application
of the Criminal Code provisions are currently being revised by a
federal/provincial/territorial working group of officials.
- International
child abductions were discussed in further detail in Theme V, Article 11 of this
report.
D. Children in Minorities and Indigenous Children - Article
30
Aboriginal Children
- Subsection
91(24) of the Constitution Act 1867 stipulates that the subject matter of
“Indians, and Lands reserved for Indians” falls within the exclusive
jurisdiction
of the Parliament of Canada. Thus, the federal government is
responsible for providing many services, such as health care and education,
for
Aboriginal people that would otherwise be within the jurisdiction of the
provinces.
- Section
35 of the Constitution Act 1982 stipulates that “the existing
Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby
recognized and affirmed.”
Under the Act, the term “Aboriginal
peoples of Canada” includes the Indian, Inuit and Métis peoples of
Canada.
- The
statistics that follow demonstrate that overall, Aboriginal people in Canada
fare less well than other Canadians, and the Government
of Canada recognizes
that, for some Aboriginal people, the situation is dire. The Government
has been working with the First Nations on strong efforts to improve the lives
of Aboriginal peoples in Canada, including
children. Since
Canada’s First Report on the Convention on the Rights of the
Child, the Government has made several major policy pronouncements on
Aboriginal issues. Some of the major pronouncements are described
below.
- In
August 1995, the Government of Canada released its Inherent Right Policy
on Aboriginal self-government. The policy is based on the view that
Aboriginal people have a right to govern themselves in relation to matters
internal to their
communities, integral to their unique cultures, identities,
traditions, languages and institutions, and with respect to their special
relationship to their lands and resources. Negotiations are taking place
with over half of the First Nations and Inuit communities, and encompass
such matters as governance,
the administration of justice, the preservation and
promotion of Aboriginal languages and cultures and the provision of educational,
health and social services and child welfare.
- In
January 1998, the federal government also unveiled Gathering Strength:
Canada’s Aboriginal Action Plan, in response to the report by the
Royal Commission on Aboriginal Peoples (RCAP). The objectives of the plan are
to:
- renew the
partnerships between Aboriginal people, organizations and
governments;
- strengthen
Aboriginal governance;
- develop a new
fiscal relationship; and
- support strong
communities, people and economies.
- The
Action Plan calls for a Statement of Reconciliation by Canada, formally
acknowledging and regretting historic injustices; community
healing to address
the effects of physical and sexual abuse in the residential schools system; an
Aboriginal languages program; an
on-reserve Aboriginal Head Start program;
resources to increase the number of adequate houses on reserves; and additional
resources
to improve water and sewer facilities on reserves.
- The
Inherent Right Policy and Canada’s Aboriginal Action Plan
are broad-based initiatives aimed at improving the lives of Aboriginal
peoples. Specific programs and other initiatives directed toward
Aboriginal peoples are described throughout this report, in relation to the
specific Article of the Convention on the Rights of the
Child that they support.
- Federal
spending on Aboriginal programs totaled approximately $6.0 billion in 1997-98
and involved 13 departments.
- Aboriginal
programs represented 5.7 percent of total federal program spending in the fiscal
year.
- The
Department of Canadian Heritage is exploring methods to help Aboriginal peoples
establish a network of urban Aboriginal youth
centres to improve the situation
facing Aboriginal youth in educational attainment, labour force activity, health
practices and suicide
prevention.
International
- The
Canadian International Development Agency is committed to promoting the rights
of minority children including indigenous children. An example of CIDA
programming targeting ethnic minorities is the Yunnan Maternal and Child Health
Project. This project aims to improve the health and welfare of pregnant
women and infants in poor ethnic minority populations of Yunnan province
in
China by training doctors and midwives.
Language
- The
constitutional and statutory guarantees outlined in the First Report remain.
- Part
VII of the Official Languages Act, dealing with the advancement of
English and French within Canadian society, includes measures to promote and
encourage federal-provincialterritorial
cooperation in this area, notably with
respect to minority language and second language education.
- In
August 1994, the Government of Canada approved the establishment of a framework
to implement Part VII of the Act. In order to comply with this
framework, 28 federal government institutions must now adopt annual action plans
and announce the various
measures they will develop to realize the federal
government’s commitment under Part VII of this statute.
- In
March 1998, the federal government announced the renewal of federal-provincial
agreements on official languages, for a further
5 years.
Religion
- The
constitutional guarantees outlined in the First Report remain.
- The
application of the constitutional right of minority language education under s.
23 of the Canadian Charter of Rights and Freedoms is a provincial
responsibility, as education falls primarily within the provincial domain.
Several provinces have adopted or modified their education laws to comply
with this Charter provision and with judicial decisions. However,
certain minority language communities view these provincial measures as being
insufficient and have turned to the courts
to determine more precisely the
extent of their rights and the provincial/territorial obligations.
Jurisprudence
- In
the past few years, several provinces have made major modifications to their
educational system to take into account economic,
social and demographic
changes. These changes have caused several minority language groups to
consider whether the changes contravene their constitutional rights. For
example, in the case Hogan v. Newfoundland, [1998] N.J. no. 210, the
appellants argued that modifications away from a denominationally-based school
system are unconstitutional. In the case Larouche v. Quebec,
[1997] A.Q. no 3804, the appellants argued that changes to permit a school
system based upon language, rather than religion, is
unconstitutional.
- In
Adler v. Ontario, ([1996] 3 S.C.R. 609) the appellants sought a
declaration that the existing scheme of funding Catholic schools in Ontario, but
not
other religions, was unconstitutional. The Court held that section
93(1) of the Constitution Act 1867 is the product of a historical
compromise crucial to Confederation and forms a comprehensive code with respect
to denominational
schools rights, such as s. 23 of the Canadian Charter
of Rights and Freedoms with respect to minority language education
rights as outlined in the decision Mahé v. Alberta, [1990] 1
S.C.R. 342. As a result, s. 2 (a) and s. 15 of the Charter cannot be
used to enlarge this comprehensive code.
- The
Supreme Court of Canada granted leave to appeal in the case Arsenault-Cameron
v. Prince Edward Island ([1997] P.E.I.J. no. 7). The parents had
obtained a declaration from the Supreme Court of Prince Edward Island that the
provincial government had an obligation
under s. 23 of the Charter to provide
French-language education in facilities located in the Summerside area.
The Court of Appeal overturned this decision, ruling that French-language
education was properly provided in an existing French first-language
school
located in another community and that the provision of bus transportation to
that school was an acceptable accommodation,
taking into account the needs of
the children.
PART II: MEASURES ADOPTED BY THE GOVERNMENTS
OF THE
PROVINCES[*]
BRITISH COLUMBIA
Introduction
- This
report covers the period from July 14, 1993 to December 1997, a period during
which British Columbia introduced a wide range
of legislation, policies,
programs, and practices that support the goals of the UN Convention on the
Rights of the Child. The report contains summaries of initiatives. The
information provided here is supplementary to that provided in previous reports,
so changes made prior to July 14, 1993 are not outlined in this document.
Additional resource material is attached to this report
to provide details on
many of the provincial initiatives that are described herein.
I. GENERAL MEASURES OF IMPLEMENTATION
- The
reporting period has been a time of significant legislative change in British
Columbia. Many of these changes advanced the rights
and protection of children
and youth. The following legislative changes made during the period support the
goals of the UN Convention on the Rights of the
Child.
Child, Family and Community Service Act
- The
Child, Family and Community Service Act (see Appendix A) was proclaimed
on January 29, 1996. The Act identifies the safety and well- being of
children as being paramount.
The Act is child-centred legislation, that
mandates that families and children be informed about and encouraged to
participate in
all decisions that directly affect them. The Act recognizes the
role of the community in the protection and support of children
and families and
in particular recognizes the role of aboriginal communities in the protection
of Aboriginal children. In addition,
it addresses the need for timeliness in
making decisions about children.
Children’s Commission Act
- Another
significant development in British Columbia’s legislative approach to
children was the proclamation of the Children’s Commission Act (see
Appendix B) and the creation of the Children’s Commission in September
1996. The purpose of the commission is to ensure
that key aspects of the
child-serving systems of government are monitored and that the quality of its
work is assessed and reported
on publicly. The commission is responsible for
reviewing all child deaths in the province, investigating those that warrant
close
attention and making systemic and specific recommendations as
required.
Child, Youth and Family Advocacy Act
- In
addition to a Children’s Commission, there is now a Child, Youth and
Family Advocate established through the Child, Youth and Family Advocacy
Act (see Appendix C). The advocate’s role is to help children, youth
and their families who are involved with the Ministry of
Children and Families
to ensure that they receive the services they are entitled to and to ensure that
proper processes are followed
in the delivery of those
services.
BC Benefits Acts
- In
1996, the B.C. government passed four BC Benefits Acts: the BC Benefits
(Income Assistance) Act, BC Benefits (Youth Works) Act, BC
Benefits (Child Care) Act and BC Benefits (Appeals) Act (see Appendix
D). These Acts enabled the introduction of the BC Benefits and Healthy Kids
programs. These programs sought to reduce
the impact of child poverty by
providing income security and basic dental and vision care benefits to children
who live in lowincome
families.
Infants Act (amendments)
- Important
changes were made in 1996 to the Infants Act (see Appendix E), giving
children the right to consent to health care without the necessity of obtaining
their parents’ or
guardians’ consent, provided the child has the
capacity to consent to such health care. The Act also provides
for involvement by the Public Trustee and, in some cases, the courts to ensure
that the rights of children are protected
when they are involved in property
issues, contracts, leases and litigation.
II. DEFINITION OF THE CHILD
- British
Columbia’s age of attainment of majority and legal minimum ages for
various purposes are as follows:
(a) legal or medical counselling without parental consent - age depends on
capacity;
(b) end of compulsory education - 16;
(c) part-time employment - 15;
(d) full-time employment - 15;
(e) hazardous employment - 15;
(f) sexual consent (with other minors) - 14;
(g) marriage - 16;
(h) voluntarily giving testimony in court - subject to ability;
(i) criminal liability - 12;
(j) civil liability - subject to capacity;
(k) deprivation of liberty (youth detention centres) - 12;
(l) imprisonment (as a rule) - 18;
(m) imprisonment (exceptionally, for very serious offences) - 14;
(n) consumption of alcohol - 19;
(o) eligibility to vote in provincial and municipal elections - 18.
III. GENERAL PRINCIPLES
Non-Discrimination (Article 2)
- The
British Columbia Human Rights Code (see Appendix F) is the main legal
tool that is available to all citizens of the province, including children and
youth, for dealing
with issues of alleged discrimination. The Code prohibits
discrimination on the basis of race, colour, ancestry, place of origin,
religion, marital status, family status, physical or mental disability, sex,
sexual orientation or age. Protection against age discrimination
is provided to
those between 19 and 65. With the exception of age discrimination, the Code
provides children with the same protection
that it provides to
adults.
- The
Multiculturalism Act, which B.C. passed in 1993 (see Appendix G),
recognized British Columbia’s diversity with regard to race, cultural
heritage,
religion, ethnicity, ancestry and place of origin, and is consistent
with the Human Rights Code. Diversity is viewed as
a fundamental
characteristic of the province that enriches the lives of all British
Columbians.
- In
the area of income assistance, labour market training and related social
programs, B.C. Benefits policy requires that staff administering
these programs
are to treat applicants and recipients in a manner that is free from any
consideration of race, gender, colour, creed,
or political affiliation.
Furthermore, to assist families who have a limited comprehension of English, the
B.C. Benefits application
form is available in French, Chinese, Vietnamese,
Russian, Czechoslovakian, Spanish, Punjabi, Hindi and Tagalog. In addition,
various
pamphlets regarding these programs are available in most of these
languages.
- In
keeping with the convention guidelines concerning minority indigenous groups,
the Child, Family, and Community Service Act seeks to preserve the
cultural identity of aboriginal children.
Best Interest of the Child (Article 3)
- The
Child, Family and Community Service Act requires that the best interests
of the child must be considered in the administration and interpretation of the
Act. Determining
the child’s best interests includes factors such
as:
1. the child’s safety;
2. the child’s physical and emotional needs and level of
development;
3. the importance of continuity in the child’s care;
- the
quality of the relationship the child has with a parent or other person and the
effect of maintaining that relationship;
5. the child’s cultural, racial, linguistic and religious heritage;
6. the child’s views;
7. the effect on the child if there is a delay in making a decision.
- According
to the Child, Family and Community Service Act, if the child is an
aboriginal child, the importance of preserving the child’s cultural
identity must be considered in determining
the child’s best interests.
When placing an aboriginal child anywhere outside that child’s immediate
family home, priority
must be given to placing that child with the child’s
extended family, within the child’s aboriginal cultural community,
or with
another aboriginal family.
- The
importance of the best interests of the child is explicitly stated in the
Children’s Commission Act as a guiding principle of that
office.
- Similarly,
a new Adoption Act (see Appendix H) came into force in November 1996,
giving paramount consideration to the child’s best interests. Whenever
possible, every effort must be made to place children with families of the same
ethnic heritage.
The Right to Life, Survival and Development (Article 6)
- Under
the Child, Family and Community Service Act, a director designated by the
Minister for Children and Families, may make a written agreement with a parent
to provide, or to assist
the parent to purchase, services to support and assist
a family to care for a child. Under the Act, a child may be found in need
of
protection and taken into care if, for example:
- the child has
been, or is likely to be, physically harmed because of neglect by the
child’s parent;
- the child is
deprived of necessary health care;
- the
child’s development is likely to be seriously impaired by a treatable
condition and the child’s parent refuses to
provide or consent to
treatment; or
- the child is or
has been absent from home in circumstances that endanger the child’s
safety or well-being.
- The
Children’s Commission is responsible for investigating all cases of child
deaths in the province and through this process
provides recommendations in many
areas, including measures to ensure that the rights of children to life,
survival and development
are protected.
Respect for the Views of the Child (Article 12)
- A
guiding principle of the Child, Family and Community Service Act is that
the child’s view should be taken into account when decisions are made
about the child and when determining the child’s
best interest. The
Act defines the rights of children in care including the right to be
consulted and to express their views about significant decisions
that affect
them.
- The
Children’s Commission, Tribunal Division, has the power to review
complaints from people who feel they have been treated
unfairly by the Ministry
for Children and Families, once the ministry’s internal complaints process
has been exhausted.
IV. CIVIL RIGHTS AND FREEDOMS
Name and Nationality (Article 7)
- With
respect to name, children are registered at birth with British Columbia’s
Vital Statistics Agency. Change of name resulting
from adoption, marriage or
application is covered by the Name Act (see Appendix I), and requires
registration with the Director of Vital Statistics.
Preservation of Identity (Article 8)
- The
Child, Family and Community Service Act requires that kinship ties and a
child’s attachment to the extended family be preserved if possible and
that cultural identity
of aboriginal children be preserved. The Adoption Act
also embraces these principles.
- Social
and medical information is preserved and kept available for the child’s
future access. To ensure that children are not
disconnected from their cultural
identity, or permanently disconnected from their biological families or
heritage, the Act provides
for openness agreements, which involve ongoing
contact between birth and adoptive families.
Freedom of Thought, Conscience and Religion (Article
14)
- The
BC Human Rights Code protects all British Columbia residents, including
children and youth, from discrimination on the basis of religion.
Protection of Privacy (Article 16)
- The
Freedom of Information and Protection of Privacy Act (see Appendix J) is
intended to make public bodies more accountable to the public and to protect
personal privacy. The Act applies
to the collection, protection and retention
of personal information about children who are in contact with government.
- The
Child, Family and Community Service Act is exempt from the provisions of
the Freedom of Information and Protection of Privacy Act, but includes
its own provisions covering privacy and access to information. Under section 70
of the Act, children in care have the right to “reasonable privacy
and to possession of their personal belongings.” Children
in care are
also entitled to privacy in discussions with family members, lawyers, the
Ombudsman and the Child Advocate.
Access to Appropriate Information (Article 17)
- Regulation
of telecommunications is a federal responsibility, however the province has a
film classification system that provides
appropriate warnings about the content
of films and restricts the access of children and youth to mature content where
that is appropriate.
- Government
also makes use of the mass media to provide information and material of social
and cultural benefit to children. Examples
include:
- Connections
Mentor Program which encourages young women to explore their options for the
future;
- Money
Smarts, which is an informational package to empower young women to
establish a secure financial foundation;
- public awareness
campaigns about drugs, alcohol, and tobacco;
- Multiculturalism
and Immigration BC conducted seminars on cultural diversity in the Department of
Journalism at Langara College, in
order to encourage mass media to focus
attention on the needs of indigenous or minority children.
The Right Not to be Subjected to Torture or Other Cruel,
Inhuman,
or Degrading Treatment or Punishment (Article 37 (a))
- The
Child, Family and Community Service Act defines child abuse and
specifies circumstances under which the director investigates the
possibility of child abuse. These are outlined in section 13(1)(2)
of the
Act, which is included as Appendix A.
- In
secure custody facilities, it is sometimes necessary to place a young offender
under some form of physical restraint. Such restraints
are routinely used to
ensure safe escorts of high security residents outside secure areas of the
institution and in the community.
They may also be used in certain situations
for purposes of internal security. However, this measure is subject to strict
regulation
and control. Physical restraints are not used on residents held in
open custody.
- Complaints
can be directed to the Quality Assurance Manager in each Ministry for Children
and Families region. If these are not resolved
satisfactorily, they can then be
taken to the Children’s Commission or the Investigation, Inspection and
Standards Office,
an independent office established under the Correction
Act (see Appendix K), that has the authority to receive and investigate
complaints from a young person held in a youth containment centre.
Complaints
that remain unresolved can be taken to the provincial
Ombudsman.
- Children
and youth receiving care in government-licensed facilities also have recourse to
the medical health officer. The officer
must investigate any
complaints.
V. FAMILY ENVIRONMENT AND ALTERNATIVE CARE
Parental Guidance (Article 5)
- The
Child, Family and Community Service Act recognizes the rights and
responsibilities of parents in guiding their children but does not place
parental rights ahead of the protection
of the child.
Parental Responsibilities (Article 18, paragraphs 1-2)
- The
Child, Family and Community Service Act states that, “a family is
the preferred environment for the care and upbringing of children and the
responsibility for the
protection of children rests primarily with the
parents”.
- Under
the Family Relations Act (see Appendix L), parents have an obligation to
support their children up to the age of 19.
Separation From Parents (Article 9)
- Under
the Child, Family and Community Service Act, removal of a child from his
or her parent(s) for longer than seven days requires a court hearing to justify
continued care of the
child by the Ministry for Children and Families. The
parents are informed when a child is taken into care, are given notice of the
protection hearing and are made a party to the proceedings. Even after a child
is placed in care, parents can maintain access to
the child unless in the
opinion of a director appointed by the Minister for Children and Families, it is
not in the child’s
best interests.
- Adoption
is often a positive alternative for children permanently separated from their
parents.
Illicit Transfer and Non-Return (Article 11)
- The
Royal Canadian Mounted Police (RCMP), in its role as the provincial police
force, cooperates with the RCMP Missing Children’s
Registry, which is
established in Ottawa, Ontario. Provincial and municipal authorities
participate in the enforcement of criminal
laws that protect children from being
abducted or trafficked across national borders. The province continues to
monitor allegations
of child abduction throughout the province, in order to
combat the illicit transfer and non-return of children abroad.
- The
B.C. government has worked with other Canadian provinces to develop national
parental child abduction charging guidelines to assist
in the enforcement of
criminal sanctions relating to parental abduction of children.
Recovery of Maintenance for the Child (Article 27, paragraph
4)
- The
Family Relations Act creates an obligation for parents to support their
children. The Act provides for child support to be included in an
agreement or a court order and outlines measures for enforcement of maintenance
orders.
The Family Maintenance Enforcement Act (see Appendix M)
authorizes the Director of Maintenance Enforcement to enforce court-ordered
maintenance and filed maintenance agreements.
- Recipients
of income assistance who are eligible for maintenance must assign their
maintenance rights to government, which then acts
on the client’s behalf
to obtain, vary, defend or enforce maintenance orders for
children.
Children Deprived of their Family Environment (Article
20)
- The
Director of Children and Families becomes the sole guardian of orphaned children
and may consent to the adoption of the child.
Children in state care must be
placed in a manner that respects their cultural identity and heritage. In
placing an aboriginal
child, the director must consider relatives or an extended
family in an Aboriginal community.
- British
Columbia’s standards for foster homes encourage foster parents to provide
opportunities for children in care to participate
in appropriate leisure
activities according to their abilities and interests in order to promote the
child’s development and
socialization.
- The
Public Trustee becomes the sole guardian of the estate of an orphaned child,
including responsibility for managing the child’s
property and for
protecting the child’s legal interests.
Adoption (Article 21)
- Adoption
services are carried out under the legislative authority of the Adoption
Act. A new Adoption Act came into force in November 1996.
- Before
birth parents consent to the adoption of their child, the Act requires that
alternatives to adoption be discussed with the
parents. The Post-Adoption
Assistance program provides financial support either to meet the child’s
basic needs or to purchase
services in response to the child’s special
needs. The Adoption Act also requires preservation of all social and
medical information that is available at the time of the child’s
placement, to
enable their future access.
- To
further ensure that children are not disconnected from their cultural identity
or permanently disconnected from their biological
families or heritage, the
Adoption Act provides for openness agreements (ongoing contact between
birth and adoptive families), access to records, disclosure of information
and
assistance with reunification.
- In
April 1997, the Convention on the Protection of Children and Cooperation in
Respect of Inter-country Adoption (Hague Convention) came into force in
British Columbia. Section 51 of B.C.’s Adoption Act gives the
Hague Convention the force of law in B.C. While the terms of the Hague
Convention can only be imposed on adoptions involving
countries that are
signatories to the convention, B.C.’s Act has many more safeguards
than existed in previous legislation.
Periodic Review of Placement (Article 25)
- The
Child, Family and Community Service Act contains strict time limits on
temporary care orders so that a child must be returned to a parent or to a court
for a renewed order
relatively quickly. In addition, under the Act, a tribunal
of the Children’s Commission can review the status of children
in
continuing custody and can enforce the rights of children in care that are
defined in the Act.
Abuse and Neglect (Article 19), Including Physical and
Psychological
Recovery and Social Reintegration (Article 39)
- The
Child, Family and Community Service Act is British Columbia’s
primary child protection legislation. The Act makes child safety a paramount
principle and outlines
detailed criteria for when children need protection.
The Act also gives children in care the right to be free from corporal
punishment.
- Many
initiatives support the B.C. government’s commitment to prevent child
abuse and neglect:
- a program called
A Safer Future for B.C. Women was established in 1996 to provide funding
for violence prevention projects;
- funding has been
provided to transition houses, second stage houses and safe homes for women and
their children who have left abusive
relationships;
- government
managed several Children Who Witness Abuse programs;
- in 1997, the
B.C. government set conditions for the employment of children in the
entertainment and film industry, including hours
of work, education, workplace
safety and protection of income.
VI. BASIC HEALTH AND WELFARE
Disabled Children (Article 23)
- The
Child, Family and Community Service Act allows for flexible special needs
agreements between the Ministry for Children and Families and the parents of a
child with a disability.
Under this agreement, parents do not need to give up
guardianship rights in order to get special care for their
child.
- A
monitoring and self-assessment tool has been developed to assist child
development centres providing services to children and youth
with disabilities
to periodically evaluate specific aspects of their programs. A systematic
and thorough external review process
also exists.
- Disabled
children who are 18 years of age (the age of majority in B.C. is 19 years) have
the right to apply for and receive the disability
designation under the
Disability Benefits Program Act (see Appendix N). Under the BC
Benefits (Child Care) Act, younger disabled children also receive support
for attending child care centres providing specialized services and care,
services
to families caring for a disabled child in their own home, ancillary
health benefits, and transportation costs.
- A
computer-based information system, the Developmental and Rehabilitation
Information System (DRIS), was created to help guide evidence-based
practices in
the field of early intervention for children with disabilities and their
families. The system documents service needs,
services delivered and service
program outcomes.
- A
1995 Ministerial Order stated that parents of special needs students must be
consulted in their child’s educational program
placement unless the
student’s needs indicate otherwise. The emphasis is on inclusion and
integration.
- The
province funds approximately 50 programs referred to as Provincial Resource
Programs for students whose unique educational needs
or circumstances are such
that they cannot simply enrol in their home community schools. In each case,
individual school boards
“host” and manage these programs on behalf
of the province.
- The
province also continues to play a role in providing services such as a
provincial lending library of learning resources in alternate
formats and
requisite technologies to support students’ access to classrooms and
curricula, to school boards on behalf of students
who are visually
impaired.
Health and Health Services (Article 24)
- Introduced
in 1996 and expanded in 1997, the Healthy Kids program provides basic dental and
vision care benefits for all children
in low-income working
families.
- The
Child, Family and Community Service Act assures children in care that
they have the right “to receive medical and dental care when
required.”
- The
Pregnancy Outreach Program provides food supplements, vitamin/mineral
supplements, individual counselling, group sessions and
agency referrals for
women. The Nobody’s Perfect Parenting Program, a joint federal-provincial
project, provides parenting
skills to young, single, low-income parents who may
be isolated and lack formal education and nurturing skills.
- Multiculturalism
BC has worked with health care institutions to promote the delivery of
responsive services to a culturally diverse
community, including families and
children. The Multicultural Change in Health Services Delivery Project, a
two-year project that
ran from 1995 to 1996, was undertaken to improve the
ability of participating health care agencies to better respond to the health
needs of British Columbia’s diverse communities.
- The
BC Immigrant Settlement Program allows settlement workers to collaborate with
health care professionals and family workers to
provide guidance to immigrant
and refugee parents in child health and nutrition, preventive health care and
parenting skills.
Social Security and Child Care Services and Facilities
(Article 26 and Article 18, paragraph 3)
- British
Columbia’s BC Benefits legislation provides income assistance, health and
other benefits to families with children to
assist them in maintaining an
adequate standard of living.
- The
province’s child care subsidy program assists low and modest income
families to return to school or enter the labour market
by offsetting the costs
of child care. Eligibility is based on monthly family income, number of
dependent children and social needs.
Standard of Living (Article 27, paragraphs 1-3)
- BC
Benefits legislation provides income assistance, health and other benefits to
families with children to assist them in maintaining
an adequate standard of
living. B.C.’s income assistance rates for support and shelter allowance
increase based on the size
of the family.
- In
July 1996, the BC Family Bonus was introduced to provide an income-tested
benefit to children in low-income families. It replaced
needs-tested welfare
payments that were provided under previous legislation. The BC Family Bonus
program was the model for the development
of the federal National Child Benefit
Supplement, which was launched shortly after the end of the reporting
period.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
Educational, Including Vocational Training and Guidance
(Article 28)
- The
School Act states that a person who is of school age, and who is resident
in a school district is entitled to enrol in an educational program
provided by
the board of that district.
- Several
provincial stay-in-school initiatives are part of the Safe Schools
Initiatives and are geared to dealing with the issues of keeping kids in
school, bullying behaviour and harassment in school communities. To
ensure that
school discipline is administered in a manner consistent with each child’s
human dignity, a manual entitled Safe School Communities: An
Information and Policy Guide for the Prevention of Violence was published
in 1994.
- The
province funds 50 Provincial Resource Programs, including nine Centres for
Special Education Technology. Students with very special
learning needs may be
placed in programs that range from minor adaptations to those with extensive
modifications.
- The
B.C. Immigrant Settlement Program makes educational information and guidance
available to immigrant and refugee children and youth
through the support of
family and youth counselling programs and youth outreach projects aimed at
helping students deal with the
challenges of a new school
system.
Aims of Education
- In
1995, the B.C. Ombudsman released a Fair Schools report (see Appendix O),
intended to promote children’s dignity and respect,
participation of
students in a democratic institution, learning through appropriate questioning
of authority and full participation
in their school community.
- The
Special Education Policy Framework for British Columbia, June 1995,
states:
The primary goal for the British Columbia school system is to support the
intellectual development of students, with the support of
families and the
community. Enabling students to achieve the goals of human and social
development and career development is the
responsibility shared by schools,
families and the community. These goals apply to all students, including
students with special
needs.
Leisure, Recreation and Cultural Activities (Article
31)
- British
Columbia is well served by a wide variety of leisure, recreation and cultural
opportunities. Considerable effort has been
made to make sure these
opportunities are available to all B.C. children. For example, the
province’s Standards for Foster
Homes encourage foster parents to provide
opportunities for children in care to participate in appropriate leisure
activities according
to their abilities and interests in order to promote the
child’s development and socialization.
VIII. SPECIAL PROTECTION MEASURES
Refugee Children (Article 22)
- The
B.C. Immigrant Settlement Program works through government-funded non-profit
settlement agencies to assist refugee and refugee
claimant children with the
immigration process. Services range from information and referrals, crisis
intervention and post-traumatic
stress counselling to employment assistance,
material assistance, advocacy and reuniting children with their
families.
The Administration of Juvenile Justice (Article 40)
- British
Columbia continues to refine prosecutorial policies to take into account the
special needs of young people. This includes
policies regarding alternative
measures, screening procedures and transfers to adult court.
- Alternative
measures include measures designed to:
- keep young
offenders, especially first time offenders and charges of a minor nature, out of
the judicial system whenever possible
and divert them into programs designed to
give quick, constructive consequences;
- deal with young
offenders’ needs in ways that the judicial system cannot;
- reintegrate
young offenders into their communities;
- recognize the
different policy considerations involved in dealing with young offenders as
opposed to adult offenders.
- Measures
have also been taken to support young people who have been in trouble with the
law to move into more constructive roles.
For example, the Vietnamese
Integration Project - New Direction Centre (1993-1995) provided therapeutic
support, literacy, language
skills, education and vocational training to enable
Vietnamese male gang members between 15 and 19 years of age to reintegrate
into
society.
The Sentencing of Children, With Particular Reference to the
Prohibition of
Capital Punishment and Life Imprisonment (Article 37
(a))
- Canada’s
federal government sets penalties for youth who are convicted of crimes. There
is no capital punishment in Canada.
- British
Columbia continues to press the federal government to ensure that young
offenders are subject to penalties that reflect both
the gravity of the offence
and the special needs of the young person.
Children Deprived of Their Liberty, Including Any Form of
Detention,
Imprisonment or Placement in Custodial Settings (Article 37
(b)-(d))
- During
the reporting period, responsibility for youth correctional services was shifted
from the Ministry of Attorney General to the
Ministry for Children and
Families.
- Youth
Correctional Program Regulations guarantee the right of young people who are in
custody to maintain contact with family members.
- The
government, in collaboration with school districts, provides young offenders
with education through provincial resources programs.
Distance education
programs are also available.
- Despite
Canada’s reservation on Article 37 (c), the convention has been
cited in both the civil and criminal courts of British Columbia, and changes
have been made to ensure reasonable
treatment of alleged young offenders,
including the establishment of separate holding facilities for youth at the new
Vancouver police
station.
- In
June 1994, British Columbia’s Ombudsman released a report entitled
Building Respect: A Review of Youth Custody Centres in British Columbia
(see Appendix P). This report made recommendations consistent with the
convention to address the importance of providing safe and
appropriate services
to youth who are confined to custody centres.
Physical and Psychological Recovery and Social
Reintegration
of the Child (Article 39)
- The
BC Immigrant Settlement Program supports a project that facilitates the
therapeutic recovery of refugees and immigrants, including
children, who have
survived torture.
Children in situations of exploitation, including physical and
Psychological recovery and social reintegration
Economic Exploitation of Children, Including Child Labour
(Article 32)
- Child
labour is prohibited in British Columbia except under the special authority of a
permit issued by the Director of Employment
Standards. In 1997, the province
set conditions for the employment of children under the age of 15 who work in
the film, television
and radio commercial industries. These conditions cover
hours of work, education, workplace safety and protection of
income.
- In
1997/98, the B.C. government developed and distributed Money Smarts, an
information package to empower young women to establish
a secure financial
foundation and take charge of their economic security.
Drug Abuse (Article 33)
- The
B.C. government provides alcohol and drug services for youth, ranging from
prevention through early intervention and treatment.
These services
include:
- prevention and
outpatient services;
- youth-specific
counselling programs in most parts of the province;
- supportive
recovery beds for youth in Vancouver and Victoria;
- residential
treatment for alcohol and drug-involved youth.
- British
Columbia’s public education system includes programming designed to
protect children from the illicit use of drugs.
Personal planning programs
include a section on substance abuse prevention and there are provincial
resource programs for drug addiction
education.
- In
addition, health promotion initiatives such as the “Kidzone”
television program focus on substance misuse prevention
and resiliency skill
development for children and youth. A similar focus is found in the work of the
Provincial Interministry Committee
on Youth Crime and Violence.
Sexual Exploitation and Sexual Abuse (Article 34)
- The
Child, Family and Community Service Act protects children from sexual
exploitation and abuse by including those concepts within its definition of
situations that are grounds
for “needing
protection”.
- The
Province established a Provincial Prostitution Unit and Assistant Deputy
Ministers’ Committee on Prostitution in 1996.
The Provincial Prostitution
Unit assists in developing strategies to prevent the sexual exploitation and
abuse of children and to
prosecute those who do so.
- The
B.C. government has funded an employment training/exiting program for
prostitutes and has been working with the federal government
to encourage
stronger federal legislation and policies relating to sexual exploitation and
abuse of children.
Sale, Trafficking and Abduction (Article 35)
- A
full-time social worker was added to the Provincial Prostitution Unit in 1997 to
assist with law enforcement efforts against pimps
and johns, as well as to
provide services and guidance to line social workers dealing with exploited
youth. The government also
worked with service providers and stakeholders to
begin developing an integrated policy position for exploited youth, including
witness
relocation and safe-housing policy.
Other Forms of Exploitation (Article 36)
- The
Child, Family and Community Service Act established that the safety and
wellbeing of children is the paramount concern in all decisions involving them.
The Act contains
detailed guidelines describing what constitutes a child’s
best interests.
- The
Ministry for Children and Families introduced a B.C. Risk Assessment Model to
enable professional staff involved in child protection
work to assess child
protection concerns. The publication Practice Standards for Child
Protection brings together in one document the standards, policy and
procedures that direct child protection in B.C.
Children Belonging to a Minority or an Indigenous Group
(Article 30)
- The
Child, Family and Community Service Act states that the cultural identity
of aboriginal children should be preserved. The Act’s service delivery
principles state
that aboriginal people should be involved in the planning and
delivery of services to aboriginal families and their children, and
that
services should be sensitive to the cultural, racial and religious heritage of
those receiving them.
- The
Ministry for Children and Families introduced a Strategic Plan for Aboriginal
Services to strengthen the ability of aboriginal communities to deliver
child and family-related services to their own children and families
and to
strengthen the province’s ability to deliver culturally appropriate
services.
- In
1993, the B.C. government passed the Multiculturalism Act of BC. In
support of
provincial multiculturalism policy, government
ministries responsible for child welfare and protection have undertaken
substantial
initiatives in providing personnel with training and resources to
better serve the diversity of youth and families in the province.
- In
order to encourage the mass media to focus attention on the needs of children
who belong to minority groups, the B.C. Anti-Racism
and Multiculturalism Program
supports community organizations and groups to work with the media to address
stereotypes and promote
positive messaging.
- During
1995-1996, the B.C. government held an anti-racism video contest for youth. The
winner, “Don’t be blinded by colours,”
was released as a
television public service announcement, adapted into a transit bus campaign and
further developed into posters
and bookmarks distributed to secondary schools
across British Columbia.
ALBERTA
- In
the first report submitted in June 1994, it is noted that Alberta did not
formally support Canada’s ratification of the United
Nations Convention
on the Rights of the Child. Alberta’s position on the Convention
remains unchanged in 1998. It is confident, however, that its policy, programs
and
legislation meet and, in many instances, exceed the Convention’s
expectations.
- Alberta’s
focus on the three areas of people, preservation and prosperity in its annual
business planning ensures that continual
improvements are made to benefit
children and their families.
- This
second report builds on the information contained in the June 1994 report and
highlights major initiatives that have been undertaken
in Alberta during the
reporting period from January 1, 1993 to December 31, 1997. As Alberta
does not officially endorse the Convention,
the federal government prepared this
report with input from Alberta government officials.
I. GENERAL MEASURES OF IMPLEMENTATION
- In
the first report in 1994 on Alberta, it was noted that a Commissioner for
Children and Families had been appointed to review the
structure of
children’s services.
- The
government subsequently announced in 1994 a new direction for children’s
services in Alberta that would involve redesigning
services based on a regional
model. This new
direction was based on the Commissioner’s extensive consultations with
communities and their expressed desire to design and
plan their own services in
ways that are more responsive and appropriate to the needs of local
children.
- Seventeen
child and family regions were initially designated across the province, and
community steering committees and working groups
established to develop local
service plans. These regions were co-terminus with the 17 regional health
authorities (RHAs) across
the province to enhance planning for children and
families (See the section on “Health and health services” for
information
on RHAs).
- Another
child and family region was added in 1997 to provide coverage for Metis
settlements, bringing the total number of regions
to 18.
- The
local service plans are to cover the full range of services to children and
focus on 4 key principles: community-based service
delivery, early
intervention, improved aboriginal services and better integration between local
services. All regions are expected
to submit their final service plans for
approval by April 1998.
- Enabling
legislation was passed in 1996 that allows for the establishment of Child and
Family Services Authorities (CFSAs). The CFSAs
will oversee the future planning
and delivery of services, and develop business plans to implement the regional
service plans. The
first CFSA is expected to be operational by the summer of
1998.
- To
support the major redesign initiative, in 1995, the Alberta government
established a funding program for community organizations
undertaking early
intervention programming. The Early Intervention Program provides funding for
community-based and culturally sensitive
services that help local children and
families before a crisis occurs. Fifty million dollars were initially allocated
to this program
and, by 1997, 260 programs across Alberta had received
$27 million in funding. Total expenditures are expected to reach $53.4
million
by 1998/99.
- Early
intervention programs are addressing a broad range of issues such as anti-social
behaviour, teen pregnancy, school attendance
and performance, family violence,
addictions and substance abuse, literacy and parenting and life skills. They
also are focusing
on special needs areas such as aboriginal, low income,
immigrant and disabled children.
- Overall,
the redesign of services for children and families is proceeding with confidence
on a priority basis. A recent review conducted
by external consultants confirms
the direction chosen for this redesign initiative is the right one for Alberta.
The government
will be ensuring high quality services by implementing a
monitoring and evaluation program, and an accountability framework that
includes
standards for child and family services.
- The
Government’s commitment to the major redesign initiative and, generally,
to providing early intervention programming and
quality child welfare services
is reflected in its annual funding increases. Alberta Family and Social
Services, the lead department
in these areas anticipates its spending will reach
approximately $362 million by 1998/99.
- Another
important program that focuses on prevention is the Family and Community
Support Services (FCSS) program. It is a cost shared
program (province 80
percent and municipalities 20 percent) that distributes grants for the
purchase or provision of preventive social
services. Since the establishment of
FCSS in 1981, children have been the beneficiaries of many FCSSfunded services
in communities
across the province. In 1996/97, FCSS under went a review to
ensure that it continues to meet the needs of communities in an efficient
and
effective manner.
III. GENERAL PRINCIPLES
A. Non-discrimination (Article 2)
- A
major goal of Alberta’s Department of Community Development is to reduce
discrimination and foster equality so all Albertans,
including children, can
have the opportunity to participate fully in the social, economic and cultural
life of the province. Performance
measures with targets have been developed to
annually monitor the progress in achieving this goal. While these measures
continue
to show positive results, the Government recognizes that more work
needs to be done.
- Between
1993 and 1994, public reviews were conducted on Alberta’s human rights
legislation and multiculturalism programs. Following
from these reviews, in
1996, the new Alberta Human Rights, Citizenship and Multiculturalism Act
was proclaimed to strengthen human rights legislation in Alberta and to provide
new and expanded grounds for protection. The new
grounds include family status
and source of income. Expanded protection has been afforded under the grounds
of marital status and
religious belief. Religious belief is now recognized to
include native spirituality.
- The
Act states “as a fundamental principle and as a matter of public policy,
all persons are equal in: dignity, rights and responsibilities
without regard to
race, religious beliefs, colour, gender, physical disability, mental disability,
age, ancestry, place of origin,
marital status, source of income or family
status”.
- The
Act also provides for the establishment of the Human Rights, Citizenship and
Multiculturalism Education Fund. The Fund provides
resources for individual,
organizational and community initiatives that will:
- help to
eliminate discrimination and racism,
- increase
understanding and acceptance of diversity, and
- educate
Albertans about their rights and responsibilities under Alberta’s human
rights laws.
- Another
very important way that Alberta continues to address human rights issues is
through the education system. A key aim is to
help all young people become
responsible and caring citizens who understand and respect fundamental human
rights.
- Alberta’s
Department of Education has prepared a report entitled “Promotion of
Human Rights in Alberta Schools”,
which reflects the very strong
commitment and support for education about human rights. The report outlines:
provincial government
directions and policies that support education about human
rights; programs of study, curriculum support documents, and student learning
resources on these topics; and training workshops and materials that help
teachers promote human rights and respect for people from
diverse cultures. The
programs and policies do not focus on the rights of the child but rather on the
promotion of respect for all
individuals.
- A
basic education, as defined in Alberta, includes the requirement that students
are provided with opportunities to increase their
cultural awareness. It allows
students to respect cultural diversity and the common values of Canada.
B. Best interests of the child (Article 3)
- The
best interests of the child continue to be the central premise of
Alberta’s Child Welfare Act, and the main consideration in any
legislative, policy or program changes impacting children. A recent example
that demonstrates
Alberta’s continuing commitment in this area can be seen
in the 1997 legislation enacted regarding child access and grandparents.
- Following
divorce or the death of a child’s parent, some grandparents may find they
are denied access to their grandchildren.
The 1997 legislation is primarily
intended to address these situations by providing grandparents legal recourse
through the courts.
The legislation also allows children 16 years of age and
younger to apply for access to their grandparents. The primary consideration
for the courts in determining access is to be the best interests of the
child. The courts also will consider the nature and extent of the
child’s past associations
with the grandparent, and the child’s
views and wishes, if these can reasonably be
ascertained.
- With
regard to the requirements of the Convention on standards of care, Alberta
continues to review and monitor all standards in place
pertaining to the care or
protection of children. Several new initiatives during the reporting period
ensure continual improvements
are being made in this area.
- Alberta’s
Day Care Program sets and monitors standards for day cares, nursery schools,
drop-in centres and family day homes
to ensure the health, safety and well-being
of preschool children.
- All
day care centres across the province are regularly inspected. The Social
Care Facilities Licensing Act and Day Care Regulation outline a wide range
of standards of care for these facilities. Those standards seen to be critical
to a
child’s health and well being are defined to include staff
qualifications, staff/child ratios, supervision, child management
and
developmental needs.
- A
funding agreement with day care operators implemented in 1995/96 requires them
to meet critical standards in order to receive the
Operating Allowance and Child
Care Subsidy paid by government. Enforcement of day care standards was further
strengthened in 1996/97
with the full implementation of the Compliance
Management System. This system provides licensing staff with tools to better
track
day care performance.
- The
Alberta government has set targets on compliance to day care standards.
In
1993/94, 64 percent of day care centres were meeting critical standards.
The rate of compliance for 1997/98 is 93 percent. The
government’s target
for 1999/2000 is 100% compliance.
IV. CIVIL RIGHTS AND FREEDOMS
D. Freedom of thought, conscience and religion (Article
14)
- The
Alberta Government guarantees freedom of conscience and religion and recognizes
the parents’ right and responsibility to
guide their children’s
moral and ethical development. Schools support the efforts of parents,
families, churches and other
community groups that are responsible for
children’s moral, ethical and spiritual development.
- Alberta’s
School Act gives school boards the right to provide religious instruction
and prayers. School boards also may offer religious studies courses,
but these
courses are not compulsory for students. Twenty percent of the content of
locally developed religious studies courses
offered for credit in senior high
school must relate specifically to a comparative study of major world religions.
- Also
under the School Act, school boards have the authority to establish
alternative programs that emphasize a particular language, culture or religion.
These
programs must be open to any student in the school system and usually are
established with community support and involvement.
- The
Alberta Government provides some support to private schools including many that
present a particular religious perspective in
school programs and activities.
Parents decide if their child will participate in an alternative program or
attend a private school.
- A
provincial policy on controversial issues guides teachers in handling
discussions about sensitive topics in the classroom. This
policy requires
schools to respect students’ personal and family values. It allows
students to present views that are consistent
with these values. The policy
also requires that schools follow parental decisions on controversial issues
with respect and sensitivity.
F. Protection of privacy (Article 16)
- In
1994, the Freedom of Information and Protection of Privacy Act (FOIP) was
passed in Alberta. This Act formalizes the right of all Albertans to access
government records, and recognizes privacy rights
by regulating the collection,
use and disclosure of personal information.
- In
the two and a half years following the proclamation of the FOIP Act,
Alberta’s Department of Family and Social Services received 50 percent of
all requests for information. Most of the requests
to the department (65
percent) were from persons wanting access to information from their child
welfare or adoption files.
- Subsequent
amendments to the FOIP Act in 1997 extended coverage to schools, health
care bodies, post-secondary institutions and local government bodies. The Act
will
become effective in these sectors as follows: school boards
(September 1, 1998), health care bodies (October 1, 1998),
post-secondary
institutions (January 1, 1999) and municipalities and other local
government bodies (October 1, 1999).
- The
extension of FOIP to cover schools and other local public bodies was recommended
in the 1993 report of the all-party committee
on Freedom of Information and
Protection of Privacy. The intention to extend FOIP was announced at the time
of the passage of FOIP
in 1994.
- Future
plans are to conduct broad-based consultations with Albertans on legislation to
better protect personal health information.
The legislation is expected to
address the unique and complex arrangements involved in the use and sharing of
personal health information
in both the private and public sectors. It is
scheduled for introduction in 1999.
G. Access to appropriate information (Article 17)
- The
Alberta Government views and rates all films before they are screened for the
public. Effective December 1, 1997, a new film
classification system was
established to better assist families in making informed viewing choices for
themselves and their children.
This new system has six categories to indicate a
film’s suitability for viewing by children and young adults based on the
intensity, frequency or explicitness of the sexual, violent, coarse language or
disturbing/horror content.
V. FAMILY ENVIRONMENT AND ALTERNATE CARE
A. Parental guidance (Article 5) and B. Parental
responsibilities
(Article 18, paras. 1-2)
- The
Alberta Government continues to provide education, assessment, family mediation,
negotiation, referral and counseling services
through its Family Mediation and
Court Services. In 1996, a pilot project was conducted in Edmonton that
required divorcing or separating
spouses with children to participate in the
“Parenting After Separation” Seminar. This six-hour information and
orientation
seminar encourages and supports parents to work together to lessen
the impact of separation or divorce on their children, and focus
on their
children’s best interests.
- In
1997, the Alberta Government, in partnership with the federal government made
this seminar available province-wide. Notably, Alberta
was the first province
in Canada to make parenting education mandatory for divorcing parents.
- Alberta
continues to support parents who are working or studying by expanding the range
of child care options available to them.
Legislative amendments in 1994 are
expected to increase the availability of private babysitting services. The
amendments allow the
operators of these services to provide care for up to 6
children under 12 years of age, without requiring a license.
C. Separation from parents (Article 9)
- The
Government continues to believe that the best environment for a child to grow
and flourish is in his or her family home. However,
if it is necessary to
remove a child from that environment, the Government is committed to ensuring
the child is receiving satisfactory
care that meets his or her safety and
security needs. The Government target for 1997/98 is that 100 percent
of children in care
are free from abuse or neglect. The actual figure for
1996/97 was 98.5 percent. Improved training for child welfare workers
and
foster parents are some of the initiatives being implemented in this area.
Standards, certification and accreditation guidelines
have been developed in
partnership with the Alberta Association of Services for Children and
Families.
F. Recovery of maintenance for the child (Article 27, para.
4)
- The
Maintenance Enforcement Program continues to be the major vehicle for the
recovery of maintenance payments for child support in
Alberta. Its main
objectives are to ensure that children are being provided for and that parents
are living up to their financial
responsibilities. The program maintains
approximately 42,000 files that impact close to 57,000 children. Several
initiatives have
been undertaken since 1993 to ensure this program remains
responsive to the needs of children and their parents.
- In
1994, the Maintenance Enforcement Act was revised to provide several new
enforcement tools to program staff. One of these tools is the withholding of
driver’s licenses,
motor vehicle registrations and other motor vehicle and
registry services in the event that a debtor spouse fails to pay court-ordered
maintenance, or make suitable payment arrangements with the Maintenance
Enforcement Program. At the time of these legislative amendments,
Alberta
appeared to have the broadest range of enforcement tools of any province in
Canada.
- The
Government recognizes that continual improvements to this program will make it
more efficient and effective. In 1997, an internal
review of the Maintenance
Enforcement Program and child access issues was launched. The resulting
recommendations are currently
being considered for implementation. In addition,
new performance measures are being developed to better monitor the
program’s
effectiveness.
- As
noted in the first report on Alberta, the Government assists single parents
receiving welfare to make applications for parentage
and maintenance. The
Government’s target
for 1999/2000 is 65% of single parents with orders
or agreements. The installment in 1998 of a new family maintenance information
system is one of the initiatives being undertaken to reach this target.
H. Adoption (Article 21)
- Private
and government adoption programs continue to be regulated under Alberta’s
Child Welfare Act. Amendments made in 1994 to this Act serve to
streamline the private adoption process and better protect children, birth
parents
and adoptive parents.
- In
1997, Alberta’s Child Welfare Act was amended to bring The Hague
Convention
on intercountry adoptions into effect in Alberta. The Hague
Convention provides
safeguards for children and adopting parents and
streamlines the process of intercountry adoption.
- Also
in 1997, the Adoption Regulation was amended to provide adopting parents
involved in a private adoption with a new option for obtaining consent from the
guardians
of the child. The amendment allows lawyers to complete the consent.
J. Abuse and neglect (Article19), including physical and
psychological
recovery and social reintegration (Article
39)
- Alberta
continues to enhance its efforts to address the problems related to violence.
Alberta’s Department of Education coordinates
the Safe and Caring Schools
Initiative to improve student conduct and reduce violence in schools, including
all forms of violence
associated with racism. Characteristics of a safe and
caring school include respect for cultural diversity and individual differences.
Other departments, including Alberta Justice, support this
initiative.
- Alberta’s
Office for the Prevention of Family Violence, the first office of its kind in
Canada in 1984, implements women’s
shelter standards and policies, tracks
the use of women’s shelter services, distributes educational material and
provides training
to government staff and the community on the dynamics of
family violence.
- Currently,
there are 19 women’s shelters, two second stage housing facilities and
eight rural family violence prevention centres.
These facilities provide
shelter and other support services to battered women and their children. During
1997, 5,212 women and
6,232 children were accommodated in these facilities.
- In
1996, Alberta passed its Victims of Crime Act. This legislation provides
victims with access to information, financial benefits for injuries suffered as
a result of a crime and
funding to community groups to establish programs that
assist victims of crime.
- Additional
plans for 1998 will see the introduction of legislation to provide new legal
remedies for victims of family violence and
their children. The remedies
include emergency protection orders that can specify no contact between an
offender and victim, as
well as grant the victim exclusive possession of the
family home.
VI. BASIC HEALTH AND WELFARE
A. Disabled children (Article 23)
- The
first report on Alberta described the supports provided to disabled children and
their families under the Handicapped Children’s
Services program. In
1995/96, the program’s policy was updated and clarified to further
strengthen its family support focus.
The goals are to sustain the child within
the family, to facilitate the child’s developmental growth and
participation in
community life and to retain family involvement if a child
requires out-of-home support.
In 1996/97, approximately 96 percent of all
children served were residing at home with their family.
- Children
with special needs are eligible for home care services. Children who are
technology dependent or medically fragile can receive
intensive in-home supports
that are coordinated with other programs and services.
- In
the school system in Alberta, a new policy was introduced in 1993 that formally
recognizes the preference to integrate special
needs students into regular
classrooms in their neighborhoods. Also, funding has increased to provide
children with severe disabilities
with more resources in the classroom,
including teachers, teachers aides and special
technology.
- Through
regional health authorities, the Provincial Mental Health Advisory Board, school
boards and the Department of Family and Social
Services, a broad range of
supports is currently available to families with special needs children, from
personal counseling and
psychiatry/psychology services to speech language and
occupational therapy.
- Continual
improvements in the coordination of services for special needs children
and
their families will be one of the outcomes of the major redesign initiative in
Alberta
(See the section on “General measures of implementation”
for a description of this
initiative).
B. Health and health services (Article 24)
- Since
the first report in 1994, Alberta has embarked on major restructuring of its
health system. In April 1995, 17 regional health
authorities (RHAs) replaced
over 140 health facility and health unit boards and assumed responsibility for
the delivery of most health
services. A number of health services also are
delivered by two provincial authorities: the Alberta Cancer Board and the
Provincial
Mental Health Advisory Board.
- The
RHAs have more decision-making responsibilities than health boards of the past,
but still must operate within a provincial framework
of policy, legislation,
standards and strategic directions. The Government works with RHAs to ensure
the delivery of quality health
services to all Albertans and to develop
strategies for addressing priority health concerns.
- The
Government’s vision for the health system is healthy Albertans in a
healthy Alberta. This vision embodies three characteristics:
- Albertans who
are sick have access to quality health care services;
- individual
health and the health of all Albertans is actively promoted and protected;
and
- healthy social,
economic and physical environments exist and contribute to improved health.
- The
Alberta Government Business Plan for 1998-2001 includes a goal that government
will “support communities in developing integrated
or collaborative
approaches to meeting the needs of children and introduce health strategies to
address priority health issues”.
The Department of Health Business Plan
includes a strategy to work with other ministries and organizations to improve
the health
of Albertans, with children identified as a key target population.
(a) Child and infant mortality
- The
Government’s overriding goal is that Albertans will be healthy. Life
expectancy and infant mortality are monitored annually
to measure progress
towards this goal. Albertans have among the highest life expectancies in the
world, and infant mortality rates
have generally decreased over the past 20
years.
- The
1996/97 Business Plan set a target of 6 deaths per 1,000 live births by 1998.
In 1997, Alberta’s rate was 4.9 deaths per
1,000 live births, which
bettered the target earlier than planned by one year. The Government’s
ongoing monitoring of infant
mortality rates ensures a continuing focus on this
area.
(b) Primary health care
- Twenty-five
projects across the province have been selected as part of the major new project
called “Advancing Primary Health
Care in Alberta.” These projects
will test primary health care principles and programs to help develop new and
better approaches
for use across Alberta and Canada.
- A
number of the projects specifically target children. For example, the COPE
(Community Outreach in Pediatric/Psychiatry and Education)
project proposes
early identification and subsequent assessment of children with emotional and
behavioral problems. Linkages will
be made to existing services and on-site
cross consultations at elementary schools will occur between pediatricians and
psychiatrists
on more complex cases.
- Two
projects are aimed at high risk families in the first year of their
children’s life. These projects will be implemented
based on the Healthy
Families America Program. Alberta will be the first Canadian province to
attempt to replicate this program.
(d) Appropriate pre-natal and post-natal health care for
mothers
- Another
key performance measure used by the Alberta Government to monitor health
outcomes is the percentage of low birth weight newborns.
Low birth weight (i.e.
less
than 2,500 grams) is understood to be associated with lifelong
health problems.
- Data
shows that low birth weight is one of the problems associated with births to
mothers under the age of 18 and over the age of 35. In 1995/96, 6 percent
of live births were below 2,500 grams. The target set
for 1999 is 5.5
percent.
- Alberta’s
Department of Health continues to work with RHAs to address this problem
through the identification of modifiable
risk factors and the development of
strategies. Excellent information materials have been developed on topics such
as healthy eating
and lifestyle choices during pregnancy.
(f) Promotion, prevention and protection
- The
Alberta Government recognizes the importance of a proactive and wellness-based
approach to health, and works together with RHAs,
health practitioners and other
sectors to ensure that increasing emphasis is placed on programs in this area.
- One
of Alberta’s key child health initiatives is the childhood immunization
program. Immunization is routinely offered for
all children against nine
potentially life-threatening diseases: diphtheria, whooping cough, tetanus,
polio, Haemophilus influenza
b (Hib) (meningitis), measles, mumps, rubella and
Hepatitis B. Public health nurses across Alberta administer childhood
vaccinations,
which are provided at no cost to families. In 1996, the rate
of immunization among two-year old children was 89 percent. The target
set
for 1998 is 95 percent. The Government’s ongoing monitoring will
ensure continued focus on this area in the future.
- Mental
health services for children are delivered by the Alberta Mental Health Board
and the RHAs. The goal of these services is
to provide early identification,
assessment, consultation and treatment for children with mental health needs.
The Department of
Health funds: specialized inpatient beds for children in
Edmonton and Calgary; permanent and traveling mental health clinics in
over 80
communities in Alberta; and a variety of contracted services throughout the
province. All mental health programs provided
through the health sector are
available to all Albertans without a fee. There also are significant
expenditures for children with
mental health needs in the education, child
welfare and justice systems.
- There
are several innovative programs being undertaken in Alberta. One example is the
twoyear health promotion program called “You’re
Amazing”,
which was launched in 1997. The program is designed to educate parents aged 18
to 30 years about the factors influencing
health and well being, and encourage
them to make healthy choices for themselves and their children.
- Another
example is the “Think Think Again” program, which is designed to
increase the proper and consistent use of safety
seats and seat belts for
children. The first program of its kind in Canada, it combines awareness,
enforcement and education in
its approach to child safety. This program is
being undertaken by a variety of community and government partners.
- There
also have been a number of traffic safety initiatives undertaken in recent years
that target children who are going to and from
school.
- Another
important area receiving Government attention is the problem of teen
pregnancies. The birth rate for females under 18 years
of age dropped by
28 percent between 1991 and 1996. The pregnancy rate for this group
dropped approximately 14 percent from 1993/94
to 1995/96. A target has been set
for year 2005: reduce the rate of births among teen mothers to below or equal to
the national
average in Canada. Several strategies are being undertaken to
accomplish this target, key of which is the major redesign of children’s
services with its focus on prevention and early intervention. In addition, the
Government will be targeting research on children’s
health and take
specific action to meet children’s health needs.
- Work
also is being undertaken to address Fetal Alcohol Syndrome (FAS). The
Government is providing money and partnering with key
stakeholders to implement
short-term and longterm strategies for the prevention and management of FAS.
- Overall,
the Government remains committed to ensuring that Albertans are wellinformed
about promotion, prevention and protection.
It continues to develop and make
available materials on topics such as sexual health, childhood vaccinations,
healthy eating for
toddlers and preschoolers, feeding babies during their first
year and the benefits of breast feeding.
C. Social security and child care services and
facilities
(Article 26 and para. 3 of Article 18)
- In
1993, major reforms to Alberta’s social welfare system were initiated to
promote selfreliance and financial independence
through employment. Today in
Alberta, the welfare program provides income support, as well as training,
education and career counseling
to help people who can work get back into the
workforce. Those who can’t work have longer-term income support available
to
them. Between 1993 and 1997, the welfare caseloads declined by almost 60
percent.
- An
evaluation study conducted in 1996 revealed that over two-thirds of former
welfare recipients were working in full- or part-time
jobs. The majority of
these former recipients felt that the quality of life improved for themselves
and their children after leaving
welfare.
- The
Government continues to monitor the impact of welfare reforms on children and
their families. Recent initiatives to help low
and middle income families in
Alberta are highlighted in the next section.
D. Standard of living (Article 27, paras. 1-3)
- The
Alberta Government has taken action in the following areas.
- Full
or partial subsidy is available to low-income Albertans towards their health
care premiums.
- Continuing
improvements to the Maintenance Enforcement Program ensure that single parents
are able to collect the child support payments
owed them.
- In
1997, the Government introduced the Alberta Family Employment Tax Credit
program. The program’s objectives are twofold:
to support children in low
and middle income families, and provide an incentive for the parents of these
children to be employed.
The maximum credit per child is $250; the maximum per
family is $500. These maximum amounts will double in 1998. Families earning
up
to the maximum of $50,000 per year will be able to benefit from this tax credit.
- Also
in 1997, the Alberta Government announced increases to its Child Care Subsidy
rates. The family income levels to qualify for
the Child Care Subsidy also will
increase. The Child Care Subsidy program is designed to provide financial
assistance to families
who need help paying for the care of their pre-school
children in either licensed day care centres or approved family day homes.
Over
the next two years, the monthly subsidy rate per child will increase, on
average, by $100. By 1998, the maximum subsidy level
per child for
pre-school children will be $380 per month and for infants it will
be $475 per month. In 1998, monthly family income levels to qualify
for the
Child Care Subsidy will increase, on average,
by $330.
- The
Alberta Government also is a partner with the federal government in the
implementation of the new National Child Benefit program,
which is a major
initiative
to address child poverty in Canada and encourage families to
participate in the
workforce. Approximately 126,000 Alberta
families are expected to benefit from this
program.
- Alberta
will be reinvesting in several areas as part of its participation in the
National Child Benefit program. A key reinvestment
planned for 1998 will be in
a new Alberta Child Health Benefit program. This program will offer full
coverage of children’s
dental, optical, prescription drug and emergency
ambulance services. Families with net annual incomes up to $20,921 will be
eligible
for these benefits.
- Low-income
families in Alberta also will benefit from the new supplement to the Canada
Child Tax Benefit introduced as part of the
National Child Benefit program.
VII. EDUCATION, LEISURE AND CULTURAL ACTIVITIES
A. Education, including vocational training and guidance
(Article 28) and B. Aims of education (Article 29)
- Alberta’s
vision for education, inclusive of Early Childhood Services to Grade 12 is
that its young people are the best educated
in the country, able to achieve
their individual potential, create a positive future for themselves, their
families and communities
and contribute to Alberta’s prosperity and
superior quality of life. Many new initiatives have been undertaken to help
Alberta
realize this vision.
- Beginning
in 1993, a major restructuring of the school system was initiated under the
leadership of Alberta’s Department of
Education. The key principles
guiding this restructuring were to: focus resources in the classroom, give more
authority to schools
and parents for decisionmaking in the school system, reduce
administrative costs and institute a fairer funding system for schools
across
the province.
- A
key goal of the restructured system is to focus on what students need to learn.
The Government has defined “basic”
education and its expected
learning outcomes for students. A basic education must provide learning
opportunities in the core subject
areas of language arts, mathematics, science
and social studies, as well as opportunities for students’ personal growth
and
development.
- A
basic education goes beyond the fundamental requirement that students learn to
read, write and understand the world around them.
Students also must develop a
respect for cultural diversity, desirable personal characteristics such as
fairness and honesty, critical
and creative thinking skills and a range of other
positive skills and attitudes to ensure they are well-rounded individuals
prepared
for life after high school.
- The
Alberta Government closely monitors students’ achievement scores to see
how well they are doing in the core subject areas.
In general, Alberta students
consistently perform well on provincial, national, and international tests,
often ranking high in comparison
to their Canadian and international
counterparts.
- In
1997, the percentage of Grade 9 students achieving the acceptable standard on
the language arts (i.e. literacy) test was above
the provincial target of 85
percent. The comparable result on the mathematics test, however, did not meet
the Government’s
target of 85 percent. Improving student achievement
in mathematics has been identified as a priority area in Government’s
planning for 1998/99 to 2000/01.
- Student
achievement tests assist in identifying areas for improvement in school
curricula. Alberta continues to work with the other
western provinces and two
territories to develop common curricula under the Western Canadian Protocol
initiative. This work has
included the development of curricula for the
francophone minority as well as curricula to meet the special needs of
Aboriginal children.
- In
1997, Alberta established the first teaching quality standard in Canada to
ensure continual improvements in the quality of education
in the province. This
standard: focuses teaching on optimum learning by students; outlines the
knowledge, skills and attributes
that teachers should possess and practice;
guides teachers’ career-long professional development; and, provides the
foundation
for teacher evaluation throughout the province.
- The
Government recognizes that a high school education is critical to a
student’s future success in the job market. Alberta’s
target set
for 1996/97 was 75 percent of Grade 9 students completing high school
within 6 years. The actual percentage attained
was 69 percent. Future
initiatives focus on helping students achieve success early in their school
careers in key skills such as
reading/literacy.
- Improving
student access to information technology has also been identified as a priority
area. In 1997, the “Learner Outcomes
in Technology Framework” was
developed to ensure that Alberta students become knowledgeable technology users
and have the technologyrelated
skills to compete in future job markets. To
complement these efforts, funding has increased for technology upgrading in
schools.
- The
Career and Technology Studies program, recently expanded to all junior and high
schools across the province, focuses on the knowledge
and technology skills
required in various career areas. It is designed to encourage students to
explore the range of career options
and prepare for both post-secondary
education and employment.
- Alberta’s
Department of Advanced Education and Career Development has introduced the
Registered Apprenticeship Program for High
School Students (RAP). RAP is a
modified apprenticeship program that permits a high school student to become an
apprentice while
attending school. A RAP apprentice accumulates hours of
on-the-job training as credit toward his or her apprenticeship, and credit
toward a high school diploma or a certificate of achievement. RAP allows
students to stay in school while learning a career, and
provides an opportunity
for them to “earn while they learn”. An apprentice gets a realistic
view of the work world and
learns marketable skills.
- Recent
surveys show that 89% of parents and 97% of students are satisfied with the
quality of education in Alberta. Increases in Government
spending will bring its
total expenditures in this area to $3.2 billion in 1998/99. These dollars go
towards high quality programs
for over 560,000 students, as well as for the
upgrading, modernization and construction of school facilities. In addition to
these
dollars, by 1998/99, Government spending on the adult learning system,
inclusive of universities, colleges and technical institutes
will reach $1.3
billion.
C. Leisure, recreation and cultural activities (Article
31)
- Alberta’s
Department of Community Development continues to work together with communities,
other levels of government, business
and the non-profit sector to promote
activities which enhance the quality of life in Alberta. The range goes from
developing and
maintaining
libraries, archives, historic sites and museums to promoting recreational,
sport, cultural and artistic activities. The main beneficiaries
of many of
these efforts are the children of Alberta and their families.
VIII. SPECIAL PROTECTION MEASURES
B. Children involved with the system of administration of
juvenile justice
1. The administration of juvenile justice (Article 40)
- In
1994, the Alberta Government launched a series of public consultations on the
federal Young Offenders Act. A task force was established to obtain
suggestions for addressing youth crime and rehabilitating young offenders. The
outcome
of the task force’s work was a series of recommendations for both
the provincial and federal governments.
- Alberta
continues to see the reform of the federal Young Offenders Act as a
priority issue, and will be working closely with the federal government and its
provincial counterparts across Canada to resolve
concerns in this area.
- Following
from the recommendations of the 1994 task force, Alberta’s Department of
Justice continues to encourage local communities
to establish Youth Justice
Committees. Some committees have chosen to administer alternative measures
programs that divert youth
out of the criminal justice system, while others have
opted to provide innovative sentencing recommendations to Youth Courts. As
of
December 31, 1997, there were 63 of these committees operating in communities
across Alberta.
- Alberta
continues to support the Young Offenders Alternative Measures Program, which
provides an alternative to formal court proceedings
for young people accused of
committing specified criminal offences. In 1996/97, this program was expanded
to allow second time offenders
an opportunity to participate if they are
considered a low risk to the community.
- The
Alberta Government continues to ensure that youths have appropriate and prompt
legal representation. In 1993, a pilot project
was launched to hire Government
lawyers to work at Legal Aid offices. A key component of this initiative was
the establishment of
special Legal Aid Youth Offices in Calgary and Edmonton.
In 1996/97, based on the success of this pilot, the decision was made to
make
these offices permanent.
- In
1997, Alberta’s Department of Justice and the Department of Education
signed the Young Offender Information Sharing Protocol.
One of the main
objectives of this protocol is to support a coordinated and case management
approach to the rehabilitation of students
with young offender status.
- Overall,
the Alberta Government’s goal is to make the province a safe place to live
and raise families. Key performance measures
monitored annually are the rates
of violent youth crime and youth property crime. While the rates have been
declining in both areas
in recent years, Alberta’s rates are above the
national averages. The targets for year 2000 are to reduce Alberta’s
rates below the national averages.
2. Children deprived of their liberty, including any form of
detention,
imprisonment or placement in custodial settings (Article 37
(b)-(d))
- In
1997, Alberta opened several innovative camps for youths under custody
dispositions, including a unique wilderness camp in southern
Alberta and a camp
for Aboriginal offenders in northern Alberta. These camps generally provide a
range of educational, counseling
and work programs to help rehabilitate and
reintegrate youths into their communities.
Children in situations of exploitation, including physical and
psychological recovery and social reintegration
1. Economic exploitation of children, including child labour
(Article 32)
- As
mentioned in the first report in 1994 on Alberta, children under the age of 15
are generally not allowed to work; however, some
exceptions exist. Under the
Employment Standards Act, a person may be employed at age 15 to work from
6 a.m. to midnight without the consent of the parents, but younger persons
require
parental consent to perform any kind of work. Children who work also are
subject to the Occupational Health and Safety Act, which applies to all
workers in industries under provincial jurisdiction.
- In
1997, the Alberta Government made a clear commitment to youth in its report
titled People and Prosperity: A Human Resource Development Strategy.
The Department of Advanced Education and Career Development has developed an
Alberta Youth Employment Strategy in order to act on
this commitment.
- The
vision of this strategy is to work with other partners to ensure Alberta youth
are able to participate in the social and economic
opportunities of the
21st Century. The following four goals outline the broad-based
directions the Department will take to reach this vision:
- to create
opportunities for all youth to develop the skills and knowledge needed for
work,
- to increase work
opportunities for youth,
- to help youth
respond to the changing nature of work, and
- to address the
cultural and social barriers that may prevent youth from
working.
A variety of initiatives are planned or underway to
attain the vision and goals.
- As
part of the Alberta Youth Employment Strategy, for example, in 1997, the
Department of Advanced Education and Career Development
launched a three-year
pilot project, “Youth Connections: Learning Transitions for Youth,”
to help youth aged 16 to 24
years in Edmonton and Calgary improve their
employment prospects. The target clients are youth who
have not continued to post-secondary education. The project will assist them
in assessing their skills and interests, building a
career path and connecting
to further learning, job training, work experience and employment. The
potential for expansion to other
centres across Alberta will be considered
following an evaluation of the pilot.
- In
1998, Alberta will be working with other jurisdictions in Canada to develop a
new Federal/Provincial/Territorial Partnership on
Youth Employment, which will
make youth employment a national priority. This partnership will commit the
federal and provincial/territorial
governments to new bilateral arrangements and
multilateral projects.
- Also
in 1998, plans are to increase the minimum wage in Alberta. The adjustment of
the minimum wage will include the removal of the
student wage differential. The
minimum wage for students under 18 is currently $0.50 less than the minimum wage
for those over 18.
Effective October 1, 1998, Alberta will have one minimum
wage for all workers. This change is expected to be of particular benefit
to
students who are working and contributing towards the costs of their
postsecondary education. They will be paid the same rate
as workers with
comparable skills.
2. Substance Abuse (Article 33)
- As
reported in the first report in 1994 on Alberta, the Alberta Alcohol and Drug
Abuse Commission (AADAC) and its funded agencies
provide a full range of
specialized treatment and prevention programs for youths and their families,
from community counseling services,
support groups and outreach programs to
residential treatment programs. It also funds programs and services to address
alcohol and
drug problems among Aboriginal peoples, including Aboriginal
youth.
- AADAC’s
goal is to assist Albertans in achieving freedom from the abuse of alcohol,
other drugs and gambling. A 1996 study
on gambling and youth aged 12 to 17
years identified 8 percent as “problem gamblers” and
15 percent who could be considered
“at risk” for problem
gambling. Actions taken to address gambling issues among young people include
the development
of curriculum materials and educational outreach for schools,
recognition/referral training for educators and information resources
for
parents. Future plans include the development of specialized Website content
for youth on gambling and improved treatment tools
for identifying gambling
issues among youth.
- Addiction
issues among Alberta youth have been a longstanding concern of AADAC and it has
a history of innovative programming and
support to schools, educators, parents
and youth on these issues. Since 1989, AADAC and its funded agencies have
offered specialized
adolescent treatment services across Alberta. In 1996/97,
there were 2,717 adolescent admissions, an increase from 1995/96.
- In
support of the major redesign of children’s services in Alberta, and the
Government’s priority on children, AADAC will
continue to collaborate and
partner with the Department of Community Development and other ministries,
regional authorities and communities
to strengthen its collective efforts to
support children and youth. AADAC’s activities include, for
example: coordinating Fetal Alcohol Syndrome (FAS) initiatives; partnering in
the establishment of the Alberta Tobacco Reduction Alliance
(ATRA), and
developing renewed prevention programs that focus on resiliency and positive
outcomes; and planning and delivering an
international youth conference in
Calgary with funding from the United Nations Drug Control Program (UNDCP).
3. Sexual exploitation and sexual abuse (Article 34)
- In
1996, Alberta established the Children Involved in Prostitution Task Force with
membership from government, schools, police services
and community agencies.
The Task Force’s report was released in 1997 with a series of
recommendations.
- Following
from the work of the Task Force, in June, 1997, Alberta’s Child Welfare
Act was amended to acknowledge that children under the age of 18 years
involved in prostitution are victims of sexual abuse, and those
who exploit
these children are subject to being charged with the provincial offence of
causing a child to be in need of protection.
- Plans
for 1998 include the introduction of further legislation to provide parents,
police and child welfare workers with broader powers
to address the problem of
child prostitution. This legislation also will provide for the establishment of
programs to assist children
in ending their involvement in prostitution, and to
prevent others from getting involved in prostitution. The Act is expected to
increase penalties for placing a child in a position of needing protection or
for interfering with protective services.
D. Children belonging to a minority or an indigenous group
(Article 30)
- The
consideration of the special issues faced by aboriginal children continues to be
an integral part of the work done by Government
ministries. These efforts are
reflected throughout this report.
- The
Governments of Canada and Alberta continue to work together with First Nations
and Metis peoples towards their attainment of selfgovernment,
which includes the
transfer of responsibility for programs and services such as child and family
services.
SASKATCHEWAN
- This
will update, to August, 1998, the information contained in Saskatchewan’s
contribution to Canada’s Initial Report
on the
Convention.
Saskatchewan’s Action Plan for Children
- The
Saskatchewan government’s Action Plan for Children is a broad,
interdepartmental strategy to enhance the wellbeing of Saskatchewan’s
children. It is a policy framework and a multiyear strategy through which
community and government programs for children are
implemented. The policy framework sets forth a common vision as well as a
set of shared principles and goals which focus on children
in the context of
their family and community. The Action Plan acknowledges the importance of
strong support for children in their
early years, promotes the development of
prevention and early intervention services and encourages collaborative
approaches between
communities and government to address the needs of
children.
- Begun
in 1993, the Action Plan represents the cooperative efforts of eight government
departments and secretariats, as well as hundreds
of other Saskatchewan
communities, agencies and organizations. Action Plan priorities include
reducing child poverty, strengthening
early childhood development, supporting
vulnerable children and families, and helping youth at risk. Currently, the
government’s
contributions to new or enhanced programs and services for
children and families exceeds $53 million annually, including $18 million
towards the Saskatchewan Child Benefit and the Saskatchewan Employment
Supplement Programs to address child and family poverty.
Recently, the Action
Plan received national recognition at the “Canada’s Children ...
Canada’s Future” conference
in Ottawa through the presentation of
the “Champion for Children” award to Premier Roy Romanow for the
Province of Saskatchewan.
- In
1994, the Action Plan established the Saskatchewan Council on Children. Members
of the Council are volunteers from diverse service
sectors and geographical
areas of the province. The 25member Council provides a forum for discussion and
advises the Government
in areas of health, justice, education, recreation,
housing, social services and other areas affecting the wellbeing of Saskatchewan
children.
- The
establishment of the Children’s Advocate Office, in November of 1995, was
a significant step toward ensuring that children’s
rights, particularly to
the right to a “voice”, are more fully realized.
Saskatchewan’s Children’s Advocate
is an officer of the Legislative
Assembly and reports directly to that body. The Office provides assistance to
children under the
age of 18 years in their dealings with government. The
Children’s Advocate has the authority to review and investigate any
matter, from any source. The Office also provides public education on the needs
of children and youth, helps resolve disputes, conducts
investigations and
advises the government on how best to meet the needs of Saskatchewan children
and youth. The full realization
of rights for children is an ongoing advocacy
role of the Children’s Advocate Office, and the Advocate regularly
identifies
for government departments and agencies specific circumstances where,
in her opinion, children’s rights have been violated.
Annual reports from
the office are public documents and clearly reflect the rightsbased issues that
the Advocate and her staff have
identified. It is reflected in those annual
reports that, while Saskatchewan protects children’s rights in a variety
of ways,
there continues to be significant work to do to ensure that all
children equally enjoy the rights articulated in the Convention of the Rights
of the Child.
- First
Nations Bands and Tribal Councils have set as a high priority the development of
child and family services controlled by First
Nations. The Department of Social
Services has been working with First Nations to enter into agreements to
delegate appropriate
authorities under The Child and Family Services Act
to First Nations Child and Family Service Agencies.
Article 2: Equality
- In
June 1998, the Saskatchewan Human Rights Commission made a written submission to
the Balancing Work and Family Task Force. The
submission outlined the
protections of The Saskatchewan Human Rights Code against discrimination
on the basis of family status, and discussed the obligations of employers to
accommodate their employees’
family needs.
Article 9: Child Protection
- The
protection of children is part of the mandate of the Department of Social
Services. A new familycentred case management approach
was developed in 1992,
which seeks to reduce the risk of harm to children, while building on family
strengths. It requires the active
involvement of the family in completing an
assessment and engages them in the treatment process. Central to the model is
the importance
of identifying clear goals, providing timelimited service, and
conducting regular reviews to update case plans.
Article 12: Giving Children a Voice in Matters that Affect
Them
- The
Children’s Advocate Office promotes the rights of children and young
people to a “voice” in matters that affect
them. In 1998, the
Children’s Advocate Office sponsored a youth participation roundtable.
This roundtable resulted in the
formation of a provincial youth delegation which
includes 25 Saskatchewan young people who actively promote increased recognition
of, and respect for, children’s rights in Saskatchewan. This delegation
is particularly concerned about promoting the voice
of youth in decisionmaking
and planning.
Article 18: Parents’ Responsibilities
- Parenting
education is a preventive strategy that helps families nurture and care for
their children. In 199798, the Department of
Social Services supported a range
of provincial and community parenting education activities across Saskatchewan.
- The
Provincial Parenting Education Network is an ad hoc group of individuals,
agencies and government departments interested in promoting
the value of
parenting, promoting positive perceptions about parenting education, and
enhancing the knowledge and skills of care
givers.
- Parenting
Education Saskatchewan, a project of Family Services Saskatchewan, provides
information, support and consultation about
parenting education to community
members and groups. The project is jointly funded through the Departments of
Social Services and
Health.
- The
Parenting Education Saskatchewan Directory has been distributed
throughout the province. The directory provides information as to where
families may find parenting education
programs, the types of programs that are
available and the location of parenting resources. The project also supports
the delivery
of communitybased parenting education activities through group
skills development workshops, a provincial parenting education conference
and
the distribution of the Parenting Education Newsletter.
- The
Parenting Education Program, “Nobody’s Perfect” is coordinated
by the Saskatchewan Institute on Prevention of
Handicaps with the support of the
Department of Social Services. The program offers training and support to
parents of children
up to five years of age, who are young, single, socially,
culturally or geographically isolated, and have low incomes. In 199798,
a
total of 60 facilitators were trained to offer the program in communities
throughout Saskatchewan.
- The
Teen and Young Parent program is a voluntary program targeted at young parents.
The program is delivered by social workers located
in regional offices and by
nongovernment agencies. The program encompasses four components: Pregnancy
Counselling, Parenting Support,
Life Skills Management, and Education
Counselling and Support.
- The
licensed Child Day Care Program offers child care services for children who
require alternate care while their parents work or
study, as well as for
families or children with special needs. Since 199293, over $4 Million has been
spent on increasing the number
of licensed child care spaces available to
working parents, improving the affordability of care, improving the conditions
of care
and the earnings of care givers, and the testing of new models of care
to better meet the needs for nontraditional work schedules.
- In
199899 the Department of Health is contributing $2 million through the Family
Health Benefits Program to help families on social
assistance enter the work
force without losing child health benefits (including dental services,
eyeglasses, medical supplies and
appliances, prescription drugs and ambulance
services) and to assist lower income working families to ensure they do not need
to
resort to social assistance because of their children’s health
needs.
Article 20: State and Foster Care
- Saskatchewan
has a fully developed foster care system. Foster families are screened prior to
approval through questionnaires, interviews,
reference checks, and training.
After approval, foster families must complete additional training. Foster homes
are reviewed annually
by the department.
- As
much as possible, children are matched with the foster family. The majority of
placements in foster care are for short periods
of time until it is safe for the
children to return to their families. In some instances, where it is determined
that the family
will be unable to provide safe care, children may be made
permanent or long term wards. Where adoption is not possible or appropriate,
these children may remain with their foster family until they reach the age for
independent living. Connections with the child’s
family and cultural
community are maintained as much as is appropriate and in some instances the
child may be placed and supported
with extended family.
- Foster
care families receive monthly payments to meet the basic needs of the child
including food, clothing, education, recreation
and other basic requirements.
In addition, funding is available for the foster family, or the child, to meet
any special needs the
child may have.
Article 21: Adoption
- The
Adoption Act ensures safeguards and standards for child adoption. In
April 1997, Saskatchewan ratified the Convention on the Protection of
Children and Cooperation in Respect of Intercountry Adoption. The Intercountry
Adoption (Hague Convention)
Implementation Act became effective the same
date. Adoption is recognized as an alternative means of providing a permanent
family for a child after
all appropriate measures have been taken to ensure, if
possible, that a child can remain in his or her family of origin, extended
family, or be suitably cared for in their country of origin. Policy and
practice are guided by the best interests of the child and
recognition and
respect for the rights of all the parties to an adoption. In intercountry
adoption every effort is made to abide
by and promote the standards and
principles of the Convention regardless of whether the other country is a party
to the Convention.
- The
Department of Social Services has entered into a bilateral agreement with an
accredited Romanian adoption agency to facilitate
Romanian adoptions. This
Memorandum of Understanding ensures that the process contained in the Hague
Convention is implemented for
all adoptions facilitated under the
agreement.
Article 23: Children With Disabilities
- The
Community Living Division of the Department of Social Services provides support
to individuals of all ages with intellectual disabilities.
Services centre
around the family unit and its pivotal role in meeting and supporting the needs
of children. The Division assists
families in assessing their children’s
support needs and in coordinating contact with the appropriate service
providers. The
Division also provides families with funding support of up to 60
days of respite per child per year. Families with children with
more
substantial support needs have access to services contracts for specialized
services, often in partnership with health and
education
programs.
- The
Division also assists in the provision of outofhome supports. In these
situations, the first priority is to have the child reside
in a family home
environment in which the family of origin retains as much involvement as
possible, given their ability and willingness
to remain involved. If the
child’s needs dictate that specialized medical care is required,
communitybased residential programs
are considered while attempting to encourage
and retain a strong tie to the family.
- The
Community Living Division promotes early intervention by providing grants
to 16 nonprofit Early Childhood Intervention programs
that operate
throughout the province. These programs address the developmental needs of
children with developmental challenges by
providing inhome support and training
to parents.
- The
Division works with a number of organizations that advance the training and
support needs and human rights issues of persons with
intellectual challenges.
These organizations include: the National Association of Dual Diagnosis, the
Roeher Institute of Toronto,
and the Saskatchewan and Canadian Associations of
Community Living.
- School
boards are required to provide students with disabilities with appropriate
special education programs and services without
cost to those pupils or their
parents or guardians. In keeping with the philosophy to enable students with
disabilities to function
in the regular classroom as much as possible, school
divisions provide a range of programming and services for students depending
on
their individual needs. The Government assists school boards with the
additional expense of educating students with disabilities
by providing
conditional funding specifically intended to meet the goals of access to the
curriculum and appropriate programs.
Article 24: Health
- The
Department of Health funds specialized projects that address children’s
needs: annual core funding to health districts,
which allocate funds to services
such as immunization clinics; support to independent agencies such as the
Saskatchewan Institute
for the Prevention of Handicaps; payment of physician
services used by children and parents; and payment of prescription drug costs
incurred in the health care of children.
- The
Department of Health funds and otherwise assists several programs initiated by
the Action Plan for Children, including the Prevention
and Support Grants
Program, the Family Health Benefits Program, the Early Skills Development
Program, the Successful Mothers Support
Program, the Fetal Alcohol Syndrome
Strategy, the Hepatitis A Immunization Program, the Coordinated Behaviour
Management Initiative,
the Provincial Parenting Education Project, the Enhanced
Measles Immunization Program, the Treatment Services for Adolescent Offenders
Pilot Project, Health Improvement Initiatives, integrated schoollinked services
to children at risk of failure in school or life,
youth wellness centre
projects, and communitybased youth gambling prevention and education
initiatives.
- In
199798, the Department of Health assisted the Saskatchewan Institute on
Prevention of Handicaps in producing and distributing Critical Issues in
Health for Saskatchewan Children, a twopart report on challenges to the
health of children - one part covering birth to age 9, and another from 10 to 19
years of
age. The documents provide valuable information for First Nation,
Metis and nonaboriginal communities to prevent hospitalizations
and deaths and
to promote the health and wellbeing of Saskatchewan children.
- Health
education is provided in Saskatchewan schools to students from kindergarten to
grade 12, with the goal of allowing students
to acquire and evaluate
healthrelated information, to make and apply decisions to improve their own
physical, mental and social wellbeing
and that of their peers, families and
communities. Services such as immunization, screening, assessment, emergency
services and
counselling are also provided.
- The
provincial Department of Environment and Resource Management is responsible for
monitoring all municipal water treatment systems,
and all private systems over a
certain size. Water samples from many swimming areas, such as public beaches,
are also analysed.
If results indicate a health problem, the Health Department
and the appropriate local authorities are notified. Similarly, air
quality in
the 2 major cities is continually monitored. Industries monitor
and submit reports of their operations and the possible impacts on the
environment. The effects of hazardous spills on air, water
and land are also
monitored. Canadawide standards are used as a guide to the provincial
assessment of air and water quality. Standards
take into consideration the
health of people and of other ecosystem components.
Article 26: Social Assistance
- Saskatchewan
has taken a leadership role in the development of a National Child Benefit
program to reduce child poverty and encourage
participation of parents in the
labour
market. Income security programs have been restructured to reduce
barriers to leaving assistance and increasing incentives for low
income parents
to work. Through the Building Independence Investing in Families
initiative, the government provides opportunities and assistance to
vulnerable families to help them remain independent or to leave
social
assistance.
- Three
new programs were introduced in 1998 to build on existing programs. The
Saskatchewan Child Benefit provides a monthly allowance
to assist lower income
families with the cost of raising children. The Saskatchewan Employment
Supplement is a monthly payment which
supplements income earned by lower income
parents from wages, self employment, and child/spousal maintenance to assist
with the childrelated
costs of working. Family Health Benefits are provided to
lower income families to ensure they do not fall onto social assistance
because
of the health needs of their children.
- Saskatchewan
has implemented changes to student financial assistance programs, in response to
the National Child Benefit initiative.
Both the Student Loans program and the
Provincial Training Allowance have introduced adjustment policies and processes
to accommodate
students who, for whatever reason, may not be in receipt of an
appropriate level of child benefit payment.
Article 27: Standard of Living
- The
Child Nutrition and Development Program responds to the issue of child hunger
and poverty within the province. It emphasizes
a preventative approach by
encouraging communities to find local solutions to local problems. In 199798,
funding for the Child Nutrition
and Development Program supported 49 agencies
and school divisions throughout the province, including 25 new programs. The
budget
for the program increased to $1.2 million beginning in 199798. An
additional onetime allocation of $500,000 was made available to
support
selfsufficiency projects as part of the transition package to the National Child
Benefit. Projects include child feeding
programs, community nutrition projects,
youth and family support projects, and selfsufficiency
projects.
- In
199495, $250,000 was provided to Legal Aid to assist low income people in family
law matters including obtaining child maintenance
payments. That amount was
raised in 1997 to $500,000 annually. In Saskatchewan, more than half of
all single parent families qualify
for welfare at some point in a given year.
Fewer than 25 percent of single parents on welfare receive maintenance.
The Saskatchewan
Employment Supplement provides a financial incentive for single
parents to acquire or increase maintenance income to better meet
the needs of
their children.
Articles 28 and 29: Education
- The
Saskatchewan Human Rights Code states that every person shall enjoy the
right to education in any school, college, university or other place of learning
without
discrimination because of race, creed, religion, colour, sex, sexual
orientation, family status, marital status, disability, nationality,
ancestry,
place of origin or receipt of public assistance.
- The
development of the child’s full potential is the goal of
Saskatchewan’s Core Curriculum. In addition to the specific
areas of
study, a major component of the Core is the “Common Essential
Learnings”, which emphasizes general skills, values
and attitudes in all
areas of endeavour. The Common Essential Learnings include communication,
numeracy, technological knowledge,
independent learning, personal and social
values and skills, and creative and critical thinking.
- Curriculum
renewal is currently being undertaken in the Practical and Applied Arts area to
ensure that the basic education available
to all Saskatchewan students includes
practical and applied learning opportunities.
- Career
guidance information and counselling is available in all Saskatchewan schools.
Career guidance materials produced by a variety
of organizations are regularly
distributed to high schools. As well, a computerized information system,
developed for use in student
counselling, is available to schools and school
divisions.
- Saskatchewan’s
postsecondary education and training system is developing in response to new
skill requirements by employers
and the trend for jobs to require higher
education, specialized qualifications, and knowledge. A new training strategy
is being
implemented that provides Saskatchewan people with quality training
opportunities which respond to their needs and those of the labour
market. The
apprenticeship training system is being reviewed and redesigned. The province
is in the process of developing an integrated,
coordinated approach to providing
employment services to help people connect, or reconnect, to the labour
market.
- Governments,
training institutions, industry and the community are working together to better
coordinate labour market and training
services to ensure youth have access to
the education and training they require for employment. In addition, new
training and employment
initiatives are available for youth who face significant
barriers to training and employment, including Aboriginal youth, to help
them
develop the skills they require to participate in the workforce.
- The
Provincial Training Allowance, grants, bursaries and loans provide financial
support for students who face financial barriers
that prevent them from
accessing postsecondary education and labour market services.
- Saskatchewan
has implemented a Youth Futures pilot program to provide career, employment and
training services for youth on social
assistance to help them develop the skills
necessary to obtain employment. Options to expand the program are being
developed.
- The
Youth Employment Action Plan focuses on labour market, education and economic
issues facing youth. A tollfree telephone hotline
career information service is
now in service.
- Saskatchewan
is in the process of implementing the Saskatchewan Training Strategy and the
CanadaSaskatchewan Labour Market Development
Agreement. Both the Training
Strategy and the Agreement place high priority on making timely, relevant career
and employment information
services available and accessible to the
public.
- Initiatives
to encourage students to stay in school are under way, on a provincial level and
in cooperation with the federal government
and other initiatives. The
Department of Education recognizes that children who are not attending school
often have a complex range
of needs and problems and actively works with other
government agencies and community organizations to address these challenges.
The Community Schools Program and the Indian and Métis Education
Development Program support school divisions to improve
retention and completion
rates for Aboriginal and northern students.
- The
Education Act requires that school divisions develop policies regarding
discipline within their schools. Schools teach students to respect themselves
and others and this reinforces nonviolent behaviour initiatives. Although
corporal punishment is not prohibited by law, school divisions
are encouraged to
eliminate or minimize its use. Many school divisions have already discontinued
corporal punishment in their student
discipline policies and
practices.
- To
promote and encourage national and international cooperation to facilitate
access to knowledge, Saskatchewan’s Core Curriculum
has been provided on
the Internet. This service increases the availability of quality curriculum
documents to educators and students
around the world.
- The
Community Schools Program funds 26 innercity schools throughout the province and
emphasizes a comprehensive, holistic approach
to educating children at risk.
The focus is on a relevant learning program, parent and community involvement,
the integration of
support services, and community development. A
PreKindergarten Program for three and four year old children has been
established
in Community Schools to emphasize prevention and early intervention.
Research and experience demonstrate that intervention in the
first years of life
can provide a solid foundation and reduce the likelihood of educational problems
arising later.
- The
Northern Community School Program is in the developmental phase.
Prekindergarten programming is a part of it. Schools participating
as
development sites focus on a culturallyaffirming learning program, enhancing
family and community involvement, integrating services
and community
development.
- The
Department of Education currently has a number of initiatives in place to
address the needs of Indian and Métis students
and improve student
success. These include aboriginal Teacher Education Programs, a major
curriculum overhaul to incorporate Indian
and Métis content in
curriculum, inservice education to assist teachers to teach Aboriginal
curriculum
content, Community School and Early Intervention Prekindergarten Programs and
the Indian and Métis Education Development Program,
which funds locally
developed and collaborative solutions to assist students in their
learning.
- Saskatchewan
is working with the federal, First Nations and Métis governments to
develop and coordinate specific initiatives
for Aboriginal youth within the
Youth Employment Action Plan, the Urban Aboriginal Strategy and the Bilateral
Agreement on Youth
Programming. The province is also working with First Nations
and Métis postsecondary education institutions to strengthen
and support
their role in delivering education and training to students, especially
youth.
- Integrated
SchoolLinked Services is a major initiative that addresses the growing number of
children coming to school with complex
social, emotional, health and
developmental problems that make it difficult for children to do well in school
and in life. Integrated
SchoolLinked Services uses a holistic, interagency
approach that brings schools, families, human service agencies and communities
together to improve and integrate services for schoolaged children, youth and
their families.
- Saskatchewan
is taking a collaborative and communitybased approach to education equity
intended to ensure that all people have equitable
opportunity and benefit within
our education system. Since 1994, the Equity in Education Forum, a provincial
coordinating body of
educational partners, has been working to develop a shared
policy framework on equity in education. As of March 31, 1998, there
were 18
K12 education equity plans approved and monitored by the Saskatchewan Human
Rights Commission.
- To
date, education equity plans at the K12 level have been designed to meet the
needs of Aboriginal students only. In its 1997 monitoring
of education equity
plans, the Commission urged school divisions with approved plans to build on
what they have already accomplished
by expanding their equity programs to
include all children.
- The
Department of Environment and Resource Management provides educational material
on ecosystemrelated topics, such as fish, birds,
wildlife and forests.
“Wildlife in your Backyard” and “Helping the
Environment” are materials that are distributed
on request to school
teachers and school libraries. Presentations to classrooms and youth groups are
provided on wildlife, habitat,
and forests. The “Clean Cat” mascot
travels to schools to inform students and teachers about the 4 R’s
(reduce,
reuse, recycle, recover).
Article 31: Recreation and Leisure
- Net
profits from the sale of lottery tickets by the Western Canada Lottery
Corporation are transferred to a trust, which distributes
those monies to
sporting, cultural and recreational groups. The goals of the trust fund include
providing accessible and equitable
program opportunities, particularly for
vulnerable children, youth and families, Aboriginal persons, residents of
northern Saskatchewan,
older adults, women and disabled
persons.
- Revenue
permitting, Sask Sport Inc., Sask. Culture and the Saskatchewan Parks and
Recreation Association work to address priorities
that include the development
of community youth centres, and enhancement of northern community school
programming, enhanced multicultural
funding, team development and high
performance training for the Canada Games being hosted in Saskatchewan in
2005.
- Saskatchewan’s
park system is made up of 34 provincial parks,
including 4 wilderness, 10 recreation, 11 natural environment
and
9 historic parks, plus an additional 137 recreation sites, 8 historic sites and
23 protected areas. Park entry fees and camping
fees are kept as low as
reasonably possible. Student and youth groups, families and individuals
participate in park programs and
use selfguided interpretive trails, auto tours
and interpretive displays. Programs in natural environment and recreational
parks
range from water safety demonstrations and guided nature hikes to evening
campfire presentations. Cultural educational programs
are also offered in some
parks, including partnering with local Aboriginal groups to provide cultural
awareness.
Article 34: Protection from Sexual Exploitation
- The
Departments of Social Services and Justice are leading a strategy to address the
issue of children and youth involved in prostitution.
Integral to the strategy
is a commitment to working with communities as they identify their needs in
their approach to this complex
problem.
- The
strategy includes the following 5 points: a public information campaign with the
message that child prostitution is child abuse,
a strict law enforcement policy
aimed at those who sexually exploit children, targeted outreach services through
community agencies
to connect with and serve children involved in prostitution,
creation of a tracking and monitoring system to enhance the detection
and
prosecution of perpetrators and to facilitate services to victims within
Saskatchewan and across the country, and a review of
existing provincial and
federal laws to ensure they assist and do not set up unreasonable barriers to
the successful prosecution
of those who sexually exploit children or to the
delivery of services for children and youth involved in prostitution. Funds
have
been allocated to jointly support communityled initiatives as they have
been developed.
Articles 37 and 40: Young Offenders
- Young
offenders in open custody may be placed in the Community Homes Program, located
throughout the province to provide care and
custody services for youth who would
otherwise be placed in custody facilities. This program allows the youth to
remain closer to
home, have access to communitybased services and schools, and
benefit from the relationships and activities of a healthy family environment.
This program is currently under review so as to ensure appropriate placement of
youth and the safety of the community.
- The
Paul Dojack Youth Centre is offering a specialized sexoffender treatment program
to youth sentenced to closed custody. A psychologist
has been added to the
facility. Other provincial facilities have access to psychologists through
connections with health district
human
services personnel. Ongoing efforts are being made to ensure that custody
youth have support services available to them through their
community health
districts upon their release. The use of communitybased health services is
incorporated in the case plan developed
when a youth is sentenced to
custody.
- Saskatchewan
has emphasized approaches to hold young offenders accountable that reduce the
system’s reliance on the use of custody.
Emphasis has been placed on the
introduction of child welfare programs that are accessible to young offenders
such as the Support
Services Program to 16 and 17 yearold youth and the
interdepartmental Strategy on Child Prostitution.
- Within
the context of young offender programs the Department of Social Services
provides communitybased services such as Alternative
Measures, PreDisposition
Services, Judicial Interim Release Services, Probation, Intensive CommunityBased
Services, Intensive Supervision
and Support, and Day Programs. Emphasis has
been placed on the delivery of alternative measures by First Nations and
Métis
agencies. Plans to introduce and support Community Justice
Committees are underway.
- Where
alcohol or drugs have been a significant factor in the commission of an
offense by a sentenced youth, an assessment of dependency on alcohol and
drugs is offered. Services within the custody facility with
communitybased
addictions personnel are
provided.
- Officials
responsible for custody facilities continue consultations with First Nations and
Métis communities to develop and
implement culturally sensitive programs
in addition to the current services offered to young offenders. In August of
1997, a standards
development process was implemented for the Young Offender
Program relating to custody facilities. Standards are to be congruent
with the
United Nation Rules for the Protection of Juveniles Deprived of their
Liberty.
- Youth
are protected by policy that provides for limited and monitored use of physical
restraints and confinement and the behaviour
management techniques that are
congruent
with the Saskatchewan Youth Model of custody. Under the Model,
improved case management practices and the hiring of human service
personnel
knowledgeable in youth developmental
and rehabilitative needs help to ensure
that youth are treated with humanity and dignity, in
a manner which takes
into account the needs of persons of their age. Youth are kept
separate
from adults and communication with family is assured. The policy is scrutinized
by the Children’s Advocate, youth workers and a newly initiated
selfevaluation
process.
- To
ensure youth have prompt access to legal and other appropriate assistance, staff
of the Young Offenders Program inform youth of
their rights, assist youth to
complete contacts within reasonable time frames, and post information for young
offenders about the
services of Legal Aid and the Children’s
Advocate.
Article 42: Dissemination
- Since
its inception in 1994, the Office of the Children’s Advocate has been
publishing brochures summarizing the rights of the
child as declared in the
Convention as well as offering copies of the Convention itself to the public.
In addition, the Children’s
Advocate and her staff speak, on average, to
70 community groups each year. Children’s rights are an integral
component of
these presentations.
MANITOBA
- This
report is intended to update the information provided in Manitoba’s 1st
Report through to September, 1999.
General Measures of Implementation
- The
Manitoba government continues the provincewide commitment to children, youth and
their families. In keeping with the United Nations Convention on the Rights
of the Child, Manitoba children and youth will have first call on resources
they need to develop into productive and healthy adults. As part
of its
commitment, the government has given the Manitoba Children & Youth
Secretariat the mandate to coordinate the implementation
of the
CHILDRENFIRST strategy. The Secretariat works across government sectors
to coordinate services and facilitate change in the current service delivery
system.
- There
are 4 major areas of policy direction in the CHILDRENFIRST
plan:
- providing a good
start by focusing on the early years of a child’s life;
- strengthening
families and communities;
- recognizing and
respecting Aboriginal culture; and
- reducing
barriers to coordinated outcomebased services for children and
youth.
- The
Children & Youth Secretariat develops joint working arrangements among
government, nongovernment organizations, agencies,
community and private sector
interest groups. Amongst its current initiatives are:
- BabyFirst,
which addresses the needs of families and children who are at risk (conception
to 3 years old) through home visitors promoting positive
parenting in the
prevention of child abuse and neglect. It is based on the highly successful
Hawaii Healthy Start Program and is
delivered through Regional Health
Authorities throughout the Province.
- Early
Start, which provides focused early intervention with children aged 25 years
to increase school readiness and decrease the need for costly
education/health/social services intervention in the future. It is modeled on
the Perry Preschool and Head Start best practice models and is
delivered through child care centres.
- Fetal Alcohol
Syndrome Strategy, which includes short and longerterm initiatives designed
to reduce the number of children born who are affected by FAS/FAE and to
assist
caregivers and service providers of FAS/FAE affected children and youth. A
partnership has been formed with the other prairie
provinces and northern
territories to join forces on this issue.
- The
Children & Youth Secretariat evaluates all their initiatives within the
context of four interdependent outcomes: healthy child
development, secure
attachments and identity, learning readiness across the lifespan, and social
engagement and competences. These
outcomes are consistent with the UN
Convention on the Rights of the Child, and are fundamental to building
capacity and resilience for children, youth, families and
community.
- In
addition, the Office of the Children’s Advocate, which had been created in
1992, has been significantly changed and enhanced.
On 17 February, 1999, it
became an independent office of the Manitoba Legislative Assembly. As such, it
is now independent from
the executive arm of government. Although it is still
mandated under the Child and Family Services Act, it also holds
responsibility under the province’s new Adoptions Act. The role of
the Children’s Advocate is to:
- advise
the Minister (Family Services & Housing) on matters relative to welfare and
interests of children who receive or are entitled
to receive services under both
Acts, and the services provided and available under both Acts;
- in
response to a complaint, act as an advocate to represent, other than as legal
counsel, the rights, interests and viewpoints of
children receiving or entitled
to receive services under the Child and Family Services Act and
Adoptions Act;
- accept,
review and investigate complaints made by children on their behalf regarding
services received or relating to services provided
or available under both
Acts;
- provide
reports with respect to matters investigated and provide recommendations to
address the needs of children, as the Advocate
deems
appropriate;
- accept
referrals from the Minister and/or the Standing Committee of the Assembly on
Privileges and Elections to review, investigate
or report on matters relating to
the welfare and interests of children receiving or who are entitled to receive
services and in relation
to services provided or available under the Child
and Family Services Act, and to report back as the Advocate deems
appropriate, subject to any special direction of the referral
source;
- prepares
and submits an annual report to the Speaker of the Assembly respecting the
performance and duties and the exercise of the
powers of the Children’s
Advocate;
- the
Office of the Children’s Advocate is mandated to provide services to
children (ages 018) across the entire Province;
- while
not specified within the legislation, there are other implicit activities of the
Advocate. These include empowering children
by sharing information about how
the system operates; supporting and enabling children to speak for themselves;
educating children
and others regarding the rights and entitlements of children
under the relevant Manitoba legislation and under the UN Convention on the
Rights of the Child; promoting self and natural advocacy for both children,
their families and communities; reviewing and assessing potential and real
impacts of existing or proposed legislation and policies; providing information
and referral services on matters that are not within
the scope of the
Children’s Advocate’s mandate; developing effective partnerships
with child, youth and their families
and community agencies and
organizations;
- in
May, 1999, additional resources were provided by the Legislative Assembly to
expand the office of the Children’s Advocate.
It now includes the
provincial Children’s Advocate, four line Advocates and two support
staff.
General Principles
Article 2: NonDiscrimination
- Manitoba
Education and Training strengthened its efforts to deal with issues of
discrimination within the educational system and the
school curriculum by making
a commitment in 1995 to develop curriculum that is inclusive and challenges
racism and discrimination
directly. In the policy document, A Foundation for
Excellence (1995), it made a commitment that all new curricula developed or
approved by Manitoba Education and Training would need to be developed
from an
antiracism and antibias perspective and be genderfair. Similarly, learning
resources reviews for curricula will ensure that
resources are screened for
biases and stereotypes.
- Schools
are supported in their efforts to implement antiracism/antibias policies and
practices by the provision of a Multi cultural
Education Specialist who is
available to work the school division and school teams to develop effective
strategies, plan for and
implement antiracism/antibias
education.
Articles 3, 6, 9 and 12: Best Interests of the Child, the
Right to Life,
Survival and Development and Respect for the Views of the
Child
- The
best interests of the child is a governing principle in determining custody of,
and access to children pursuant to Manitoba’s
Family Maintenance
Act.
- When
ordered to do so by the Court, Family Conciliation (within Manitoba’s
Department of Family Services) has family evaluators
prepare custody and access
assessment reports.
Through these reports, which make recommendations as to the custody or access
arrangements the evaluator feels are in the child’s
best interests, the
views of the child can be expressed to the Court.
- In
addition, Legal Aid Manitoba has agreed, at least in the short term, with the
Court of Queen’s Bench (Family Division) to
cover the cost of appointment
of legal counsel as amicus curiae (to advise of the judge as a friend of
the Court, in private custody and access disputes). Depending on the role
played by the amicus in a given case, the views of the child may or may
not be expressed to the Court.
- Legal
Aid Manitoba has designated a Child Protection Office with three lawyers and a
paralegal operating almost exclusively within
the realm of child welfare
legislation. It is this office which now devotes a significant portion of the
time of one lawyer to the
amicus role identified above. The number of
amicus representations paid for by Legal Aid Manitoba has increased
rapidly, and Legal Aid Manitoba is proposing that a crosssystem committee
be
struck consisting of the private bar, the judiciary, staff lawyers and child
welfare workers to establish protocols and standards
for amicus
representation.
Civil rights and freedoms
Articles 1214: The Child’s Opinion, Freedom of
Expression,
Freedom of Thought, Conscience and Religion
- The
child’s right to self expression is celebrated in Manitoba’s
education curriculum especially with respect to English
Language Arts. The
first general student learning outcome of the new curricula (Kindergarten to
Senior 4) is: “students will
listen, read, write, view and represent to
explore thoughts, ideas, feelings and experiences.”
- Amendments
have been made to regulations regarding religious exercises and observances in
school to ensure that public schools respect
students’ rights with respect
to freedom of thought, conscience and religion.
- Guidelines
regarding the treatment of controversial subjects in school curricula and
classrooms ensure that all aspects and perspectives
of a particular issue or
event are presented and explored.
Article 16: Protection of Privacy
- As
previously stated, health records, adoption records and school records are
confidential documents and access to them is limited.
The relevant legislation
is now The Privacy Act, The Freedom of Information and Protection of Privacy
Act, The Personal Health Information Act, The Child and Family Services Act, The
Adoption Act and The Public Schools Act.
- Manitoba
Education and Training reviews on a periodic basis its policies and procedures
regarding student files and data to ensure
they conform to legislation
protecting a children’s right to privacy.
Article 17: Access to Appropriate Information
- Family
conciliation, through Manitoba’s Department of Family Services, offers a
free children’s program to help children
between ages 8 and 12 cope with
separation or divorce.
- The
Manitoba Department of Justice publishes community legal education materials,
including a free booklet entitled Family Law in Manitoba,
1999.
- Manitoba
Education encourages the implementation of teaching approaches and the provision
of learning experiences that expose students
to a variety of resources.
“Resourcebased” education approaches stress the use of a variety of
media. In addition, access
to and the appropriate use of technology in the
classroom is a priority in Manitoba. Additional resources have been put into
the
educational system over a number of years to assist schools in ensuring all
students in the province have an adequate access to technology
and that
technology education is an important component of all subject area experiences.
The support ranges
from additional funding for the wiring of schools to
pilot projects in computerguided instruction.
- Manitoba’s
commitment to develop curricula that is more inclusive recognizes that students
need to become more aware and appreciative
of all aspects of human diversity.
In addition to its policy on multi cultural education (1992), it made a
commitment in the 1995
A Foundation for Excellence document to
develop new curricula through a multi cultural “lens” that
emphasizes the portrayal of human diversity and
perspectives in the curricula.
This is especially true of the English Language Arts curricula being implemented
and the Social Studies
curricula currently under development.
- The
importance of media literacy is recognized by Manitoba Education and Training.
For example, general outcome 2 of the English
Language Arts curricula is
“students will listen, speak, read, write, view and represent to
comprehend and respond personally
and critically to oral, literary and media
texts”. Through Manitoba’s learning resources reviews, the
Instructional
Resource Unit, and the Manitoba Textbook Bureau a variety of
initiatives seek to ensure that students and teachers have access to
current and
appropriate resources drawn from a broadcross section of national and
international publishers.
Family environment and Alternative Care
Article 19: Protection from Abuse and Neglect
- Teachers
are required to report any cases of suspected abuse or neglect of children by
staff, parents or other care givers. Initiatives
have also been undertaken to
assist schools in developing policies and practices dealing with violence, such
as nonviolent conflict
intervention strategies. From 19941998, Manitoba
Education and Training provided the services of a ViolencePrevention Specialist
that worked with schools developing violence prevention programs and strategies
and assisted in the professional development of school
teams.
Article 21: Adoption
- In
addition to the provisions previously referenced in The Child and Family
Services Act, Manitoba has now enacted The Adoption Act. Introduced
in 1999, the purpose of the new Act is to provide new and permanent family ties
through adoption, giving paramount consideration
in every respect to the
child’s best interests. Both agency and nonagency adoption are based on
the best interests test and
must be according to criteria and procedures set out
in legislation and policy. The same criteria and procedures also apply to
intercountry
adoption where applicable or enforceable.
- Manitoba
has recognized through legislation such as The Adoption Act, and through
administrative standards, the right of Aboriginal children to be placed with
extended family and in communities of origin
where these are in the best
interests of the child. Priority has been given in legislation to placing
Manitoba children for adoption
in Manitoba. Manitoba also strongly supports
The Hague Convention on InterCountry Adoption.
- Manitoba’s
Department of Family Services offers a free parent education program, For the
Sake of the Children, focusing on childrelated issues at the time of
separation and divorce. The program consists of 2 threehour seminars. Material
covered includes new partner issues, communications between parents,
communications with children and the effect of conflict on children.
As well,
legal and economic material is covered. The program aims to help parents and
their children cope with the impact of separation
and divorce.
Basic health and welfare
Articles 6, 24 and 27: Survival and Development, Standard of
Living
- On
June 1, 1998, amendments and a Regulation to The Family Maintenance Act
came into force establishing a Child Support Guideline system for
determining the quantum of child support. The Guidelines are aimed
at ensuring
that support orders are predictable and reasonable in light of the supporting
parents’ financial circumstances.
- Significant
amendments have been made to the portions of The Family Maintenance Act
governing Manitoba’s Maintenance Enforcement Program’s
operation. New maintenance enforcement mechanisms include the
ability to
suspend a defaulting payor’s driver’s license privileges, increased
periods of incarceration and fines for
maintenance payment default, reporting
defaulting creditors to the Credit Bureau, increased ability to garnish funds
owing to a defaulting
payor and the ability to garnish pension benefits’
credits. There have also been computer and other system enhancements to
improve
the efficiency and effectiveness of the Maintenance Enforcement Program in
collecting child and spousal support.
- October
27, 1999, a new Mental Health Act was proclaimed. Section 2 provides
that in the absence of evidence to the contrary, a person shall be presumed to
be mentally competent
to make medical treatment decisions and to consent to
treatment for the purposes of The Mental Health Act (which deals with
treatment in psychiatric facilities) if the person is 16 years of age or older,
rather than the age of majority.
Article 18, Para 3: Child Care and Health Care Services and
Facilities
- Manitoba’s
licensed child care system has expanded since the legislation was
enacted in 1983. Between 1994/95 and 1998/99 actual
expenditures have
increased approximately 20 percent. The number of licensed spaces has
increased from 18,886 in 1994/95 to 21,369
in 1998/99. As of
March 31, 1999, there were 522 daycare centres with 17,729 spaces
plus 544 family daycare homes with 3,646 spaces.
Article 23: Disabled Children
- Special
funding is provided to support educational programming of children with special
needs. Schools are required to ensure that
individual or personal educational
plans are developed and implemented in a collaborative process that respects the
rights of the
parents and of children. Inclusive educational practices are
favoured that ensure the access of all children to adequate public
education
facilities and programming. Specialized supports are provided for blind and
hard of hearing children for material development
and other services. Manitoba
Education and Training operates the Manitoba School for the Deaf for parents and
children that prefer
that form of programming and learning
environment.
- In
an effort to improve its educational policies and practices for special needs
education, the Manitoba Special Education Review was announced in 1995
and the external reviewers published their final report in December of 1998.
The report has been broadly disseminated
in the educational system. The
Minister of Education has made a commitment to implement the costneutral
recommendations immediately,
and to consider and respond to other
recommendations over time.
- A
variety of other initiatives and supports are provided for in the educational
system that respond to the needs of diverse children.
These range from the
provision of speechlanguage pathologists and specialist clinicians to funding
support for programming for emotional
and behaviourial disorders in
classroombased initiatives such as Success for All Learners (1996).
Success for All Learners is an initiative intended to assist teachers in
identifying and implementing teaching strategies and approaches that respond to
the
diversity of learners in classrooms and their needs. Differentiated
instruction ensures that classrooms are more welcoming of student
diversity.
- Manitoba
recognizes the need for a centralized unified intake system for diagnosis and
referral so that high quality initial assessments
can be done.
Article 26: Social Security
- Under
the authority of The Employment and Income Assistance Act people in
financial need in Manitoba are provided with those things and services that are
essential to health and wellbeing, including
a basic living allowance for
shelter, essential health services, and a funeral upon death. The Act and
Regulation specify the test
for financial need and set out the rights and
obligations of applicants and recipients. The assistance programs are delivered
by
the
Government of Manitoba, as well as municipalities outside the City of
Winnipeg, according to the terms set out in the legislation.
In total, the
Government of Manitoba and the municipalities spent approximately $328.7 million
in assistance costs provided to 36,850
families including 28,285 children
in 1998/99. This is down from 1994/95 when Manitoba and the municipalities
spent approximately
$372 million serving 48,169 families
including 31,872 children.
- The
Social Services Administration Act provides authority for the
ChildRelated Income Supplement Program. This Program provides for supplemental
financial assistance for
the cost of raising children to working families. This
Program is administered by the Government of Manitoba and served 1,888 families,
including 4,006 children at a cost of $1.4 million in 1998/99. In 1994/95,
this program served 6,526 families, including 14,699
children, at a cost of $5
million.
Education, Leisure and Cultural Activities
Articles 28 and 29: Education, Aims of Education, etc.
- While
Manitoba’s public education system is committed to ensuring equality of
access and opportunity for quality education for
all learners, there is
recognition that certain groups of children face systemic barriers or require
specific interventions to ensure
equity (also note response to Article 23). In
that light, Manitoba Education and Training has developed and is implementing a
special
initiative, Aboriginal Education and Training Strategy (1998),
which is intended to improve the graduation rates of Aboriginal students and to
ensure their full participation and representation
in the workplace and in
postsecondary education and training. The Native Education Directorate, formed
in 1998, plays an important
role in coordinating this initiative as well as in
the general policy development and implementation activities of the
Department.
- In
1995, Manitoba made a commitment to make a curriculum more inclusive in the
previously mentioned document, A Foundation for Excellence. Part of that
commitment was to make all provincial curriculum reflective of Aboriginal
perspectives and experiences for the benefit
of all children. In addition,
specific teacher support documents have been developed to assist teachers in
integrating Aboriginal
perspectives. A series of curriculum support documents
on native students (K4, 58 and Senior 14) have been developed by a team of
Aboriginal educators and distributed to all schools in the province. A new
project is underway that seeks to develop a specific
conceptual framework and
approach to integrating Aboriginal perspectives that will guide Department staff
and resource people in
curriculum development and implementationrelated
activities. Finally, Manitoba has participated in a Western Canadian Protocol
initiative
to develop a Common Curriculum Framework for Aboriginal Languages
and Cultures. This Framework will provide a common basis for developing a
new curricula for Aboriginal languages and cultures by the ministry
or at the
local level.
- Manitoba
was one of the first provinces to embrace a multi cultural education approach
and to develop a formal policy on multi cultural
education (see Article 2).
While English and
French are the official languages of instruction, provisions have been made
to provide for instructions in Heritage/International
languages, including
bilingual programming (GermanEnglish, HebrewEnglish and UkrainianEnglish). The
Heritage Language Support Grant
provides, on an annual basis, additional support
for the purchasing of learning resources or other programming elements. Courses
or programming in Aboriginal languages in the public schools are also eligible
for this support. Under the Special Language Credit
Option, students are able
to challenge for Senior Years Credits for proficiency in a heritage or
international language. Each year,
students are successful in obtaining credits
in over 50 different languages, including several Aboriginal languages. English
as
a Second Language support is available for newcomers to Manitoba or for
Canadian citizens whose primary language is not English,
including children in
Hutterian schools. Each year, approximately 1,400 to 1,800 students are
eligible for support. In 1996, changes
were introduced to the Senior Years
(secondary or high schools) program that provides teachers greater flexibility
in adapting provincial
curricula for ESL purposes and allowing students to
obtain Senior Years credits (ESL or “E” designated courses). A
number
of supports exist within Manitoba Education and Training for French
language education and training. There are parallel structures
in the
Department which provide for policy development, curriculum development and
implementation, and other school programming activities.
The Division Scolaire
FrancoManitobaine, a school division that encompasses all French schools in the
province, was established
in 1996.
- Manitoba
also recognizes that there is a need to combine economic and noneconomic
strategies to address the issue of children living
in poverty.
Special Protection Measures
Article 30: Children Belonging to a Minority or an Indigenous
Group
- Ongoing
issues in the delivery of Aboriginal Child and Family Services include the
governance of First Nations agencies, services
to status Indians off reserve,
services to nonstatus Indians and Metis, and services to Aboriginal children in
urban settings. There
continues to be a disproportionate number of Aboriginal
children receiving services or in the care of agencies. Anecdotal estimates
are
that 49.7 percent of Manitobans served by Child and Family Services
agencies are aboriginal.
Articles 31 and 33: Leisure, Recreation and Cultural
Activities, and Drug Abuse
- A
new curriculum is being developed for Physical Education and Health that
emphasizes lifelong learning and the development of healthy
lifestyles. Dance
and other elements of the arts are incorporated into the curriculum. Physical
Education is a compulsory subject
for all children from Kindergarten through
Senior 2 (Grade 10). Issues relating to sexuality, drug abuse and other
addictions, and
other aspects of the general health and wellbeing of students
are explored in the curriculum.
- The
Arts are an integral part of the school curriculum and compulsory until Grade
8.
Article 34: Sexual Exploitation and Sexual Abuse
- In
1996, amendments to Manitoba’s provincial legislation were passed to
further strengthen and clarify provisions relating to
the reporting and
investigation of child abuse cases. In 1999, a number of changes were
introduced to The Child and Family Services Act to enhance the protection
and investigation functions.
Article 35: Sale Trafficking and Abduction
- The
Child Custody Enforcement Act implements The Hague Convention on Civil
Aspects of International Child Abduction and provides civil means by which
to enforce custody or access rights, and to prevent or remedy a child abduction
situation.
- The
Hague Convention on the Protection of Children and Cooperation in Respect of
InterCountry Adoption became law in Manitoba on April 1, 1997, being
implemented through the InterCountry Adoption (Hague Convention) Act.
Within the Court of Queen’s Bench (Family Division), a case management
pilot project commenced in 1995. Under this program,
new separation and divorce
cases are randomly selected each month to be managed and expedited through the
justice system to reduce
unnecessary delay and expense by promoting early and
fair settlements.
General Information
- Family
conciliation, within the Department of Family Services, offers free mediation
services to parents and others regarding child
custody and child access
issues.
- The
Domestic Violence and Stalking Prevention, Protection and Compensation Act
came into force on September 30, 1999. It provides persons subjected to
stalking and domestic violence with the ability to seek a
wide range of civil
remedies to address their individual needs. Persons can apply for orders of
protection on behalf of a minor
(or mentally incompetent individual) who is
being stalked or subjected to domestic violence. The Act creates 2 different
types of
orders: Protection Orders, obtained from a designated Justice of the
Peace of the Provincial Court of Manitoba, and Prevention Orders,
obtained from
the Court of Queen’s Bench.
ONTARIO
- The
following is an update to Ontario’s First Report on the Convention on
the Rights of the Child. This report covers the period from January 1993 to
December 1997.
Introduction
- Children
are a priority for this government. In 1997, for the first time, the government
appointed a Minister Responsible for Children
and established a Children’s
Secretariat. The Minister is an advocate, advisor and “voice” for
Ontario’s
children. With the assistance of the
Secretariat, the Minister assesses the effects of current and new government
policy on children and promotes a coordinated approach
to policy/program
planning and service delivery for children and families.
- In
1997, the government established the Office of Integrated Services for Children,
which has as its purpose the design and implementation
of strategies for the
integration of service delivery for children and families at
risk.
- Ontario
has taken a number of steps to promote the health, protection and education of
children, including the following:
- The government
undertook a comprehensive reform of Ontario’s child protection system to
ensure that the best interests of children
come first. Reforms included
amendments to the Child and Family Services Act to provide stronger tools
for the courts, professionals and frontline workers to do their jobs; and a new
approach to funding children’s
aid societies that better reflects workload
and service needs.
- The mandatory
Healthy Babies Healthy Children program was launched in 1997 as part of the
Province’s commitment to healthy child
development and to developing an
integrated system of effective services for families and young children. The
funding provides prenatal
and universal screening at birth and universal
postpartum follow up within 48 hours by Public Health Nurses with the offer of a
home
visit. Information and support for healthy child development are provided
at birth and through the early years with screening available
for children 18
months to 3 years. Families are linked to community services and for those
requiring additional supports, home visiting
and service coordination are
provided.
Definition of a child
- Minimum
age requirements are maintained in certain areas to protect children from harm
or abuse. These areas include driving, purchasing
alcohol and tobacco,
admission to adult entertainment facilities, purchasing or using a weapon, the
age of consent and the legal
working age.
General principles
Nondiscrimination (Article 2)
- The
Ontario Human Rights Code protects children from discrimination because
of race, ancestry, and place of origin, colour, ethnic origin, citizenship,
creed, sex,
sexual orientation, family status or handicap. A special provision
protects 16 and 17 year olds from discrimination in seeking accommodation
if
they have withdrawn from parental control.
- In
accordance with subsection 2 of Article 2, the Code protects against
discrimination because of a relationship with a person or
persons identified by
a prohibited ground of discrimination. This would include a child’s
parents, legal guardians or family
members.
Best interests of the child (Article 3)
- The
Revised Standards for Investigation and Management of Child Abuse Cases
(described in paragraph 696 of the First Report) were
revised to include all
child protection cases. These standards provide direction to Children’s
Aid Societies in Ontario.
These authorities are also required to use a new
standardized Risk Assessment Model.
- The
Ministry of Education developed a Violence Free Schools Policy (1994), which
requires schools to work towards ensuring that the
school environment is
physically and socially safe, and that achievement and wellness are fostered for
all students.
Right to life, survival and development (Article 6)
Respect
for views of the child (Article 12)
- The
Office of the Chief Coroner has established the Pediatric Review Committee to
monitor the deaths of children where there are questions
regarding possible
criminal activity or the quality of medical or life care received.
- The
Health Care Consent Act, 1996 (replacing the Consent to Treatment Act,
1992), establishes the right of people in Ontario to make informed decisions
about their own health treatment and admission to regulated
care facilities, if
mentally capable of doing so, regardless of age. The rights of children under
the age of 16 with respect to
admission to secure treatment facilities or
administration of psychotropic drugs are outlined in the Child and Family
Services Act.
- Regulation
461/97 under the Education Act ensures that students have an opportunity
to influence decisions that affect them by stipulating that every school board
has one (or
more) pupil representatives.
- Under
the Ministry of Correctional Services Act, a young person in custody has
the right to express views on significant decisions, including changes to their
individualized Plan
of Care, medical treatment, education, religion, training or
work programs and transfer to another place of detention or
custody.
- Children
may make complaints of discrimination and harassment to the Ontario Human Rights
Commission through an appropriate representative.
Civil rights and freedoms
Freedom of thought, conscience and religion (Article
14)
- Under
the Ministry of Correctional Services Act, young persons in custody have
the right to receive religious instruction and participate in religious
activities of their choice,
subject to any rights that parents may have to
direct the young person’s religious upbringing.
- The
Human Rights Code prohibits discrimination against children on the basis
of creed. Children cannot be forced to accept or comply with religious beliefs
or practices and measures may be required to facilitate the practice of
religious observances.
Protection of privacy (Article 16)
- The
Ministry of Correctional Services Act provides a young person in custody
the right to reasonable privacy, including the right to have possession of
personal property, to
send and receive private mail subject to a limited number
of public safety or security concerns, and to speak in reasonable privacy
with
visitors.
Access to appropriate information (Article 17)
- Ontario’s
public libraries continue to support a child’s right to seek and receive
information and ideas in a broad range
of formats, including materials,
programs, services and personalized staff assistance. There is no membership
fee for any of Ontario’s
public libraries. A wide range of publishers,
including publishers of children’s books, was made eligible for support
from
the government through a provincial tax credit announced in May
1997.
- The
government continued to fund cultural agencies such as TVOntario and the Ontario
Film Development Corporation to encourage and
support the distribution of
information and materials of social and cultural benefit to all Ontarians,
including children.
- A
number of educational initiatives coordinated through the Ontario Women’s
Directorate focused on youth, including:
- a sexual assault
prevention campaign;
- videos designed
to prevent sexual harassment and other violencerelated activities in the
classroom and in relationships;
- priority funding
to notforprofit organizations to support innovative projects that prevent
violence against women and their children,
promote the economic selfsufficiency
of women and girls, and facilitate the transition from crisis to economic
independence;
- funding to
women’s centres;
- development of a
guide to government programs and services for women and girls.
Family environment and alternative care
Parental guidance (Article 5)
- The
Ministry of Correctional Services Act permits parents of children in
custody to retain the rights they may have to make decisions regarding their
children’s education,
religious upbringing and medical treatment.
- The
Education Act requires that school boards establish school councils in
the schools in their jurisdiction. According to ministry policy, their role
is
to provide advice to principals and boards on a wide range of issues including
school environment, codes of student behaviour
and other local priorities. The
ministry policy requires that parents form the majority membership of school
councils.
Parental responsibilities (Article 18)
- The
government continued to support prevention and early intervention services that
promote healthy child development. These include
universal screening at birth
for risk and home visiting services, community development programs, homemaker
services through Children’s
Aid Societies, counseling services, child
nutrition programs, supports to teen mothers, intensive early intervention
services for
children with autism and preschool speech and language programs.
- New
mediation and positive parenting programs in the family courts assist separating
or divorcing parents to focus on the best interests
of their children.
Separation from parents (Article 9)
- Where
parents live separately, the parent without custody continued to be entitled to
visiting rights unless a court order or private
agreement provides otherwise.
Judicial determinations of visiting rights are based on the best interests of
the child.
- The
Children’s Law Reform Act provides for supervision of custody or
access
where appropriate. The Supervised Access Program of the Ministry of
the Attorney General funded 15 notforprofit centres providing
a safe,
neutral, childfocused environment
for supervised visits and exchanges
between a child and a noncustodial family
member.
- Ontario
proposed new family court rules which will give child protection cases priority,
to ensure that all children are given safe,
secure, permanent care as soon as
possible.
Recovery of maintenance for the child (Article 27)
- The
Family Responsibility and Support Arrears Enforcement Act, 1996 has
replaced the Family Support Plan Act. In addition to the automatic
deduction of support from payor’s wages, enforcement measures included
reporting defaulting
payors to credit bureaus, suspending drivers’
licenses and intercepting lottery winnings of defaulting
payors.
- A
regime for agreements to reciprocally enforce support orders continued to exist
under the Reciprocal Enforcement of Support Orders Act. At present,
Ontario has agreements with all other provinces, 40 American states and 30 other
jurisdictions.
Abuse and neglect (Article 19)
Recovery and reintegration
(Article 39)
- Since
1994, about $100 million has been spent annually to support programs to address
and prevent violence against women and children,
including:
- emergency
shelters, transition and safe homes and family resource centres for abused women
and their children;
- community
counseling, outreach and referral services for assaulted women and their
families;
- training of
health professionals and service providers who support abused women and
children;
- schoolbased
services for children who witness violence, and postsecondary pilot projects to
address all forms of violence against
women and girls; and
- $27 million in
new funding over four years for the Prevention of Violence Against Women: Agenda
for Action-a framework for combating
violence and providing support to abused
women and their children.
- Both
adults and children who have been victims of violence or abuse benefit from the
following programs funded by the Ministries of
the Solicitor General and
Correctional Services:
- Sexual Assault
Centres, which assist women who are victims of sexual violence or past survivors
of sexual abuse, and report suspected
child abuse;
- Victim Crisis
Assistance and Referral Services, which provide shortterm
assistance for
victims, prior to referral to community services for longerterm support;
- Victims of
Violence program, which provides female offenders (both adults and young
offenders) who have been victims of violence with
information on the effects of
abuse and on available community resources; and
- Victim Support
Line - a provincewide tollfree information line that provides a range of
services in English and French to victims
of crime of all ages.
- The
Ontario Provincial Police provided a range of services to address situations of
violence, abuse and neglect:
- streetproofing,
crimereporting and peer resolution programs in schools;
- a Community
Policing and Development Centre to help children understand and express
experiences of child abuse and other forms of
abuse;
- support for
young parents in crisis;
- a background
checks program to help social service agencies identify volunteers who may not
be wellsuited to work with vulnerable
groups;
- a Regional Abuse
Coordinator who assists field locations to investigate and respond to victims of
abuse; and
- police training
on child abuse and neglect and domestic violence through the Ontario Police
College.
Periodic review of placement (Article 25)
- Accountability
concerning the treatment and conditions of confinement of young offenders in
detention or custody is provided through
an extensive variety of monitoring
mechanisms and processes.
- Young
offenders have a number of complaint avenues available to them. For example,
the Ministry of Correctional Services Act provides for a review process
to respond to complaints by young persons in detention or custody, their parents
or other persons representing
them. A Custody Review Board provides young
persons with a venue to review decisions regarding their detention or custody.
The
Office of Child and Family Service Advocacy (Advocate’s Office)
ensures that young offenders have access to advocacy. The
Independent
Investigations Unit investigates allegations of sexual impropriety by young
persons in Ministry of Correctional Services’
institutions and facilities.
Basic health and welfare
Children with disabilities (Article 23)
- Through
a new “Making Services Work for People” initiative, government is
working with community groups, service agencies,
volunteers, families and
parents to improve Ontario’s system of services for children and people
with developmental disabilities.
The initiative focused on better coordination
of information, integration of services and early intervention. Each community
will
have to meet standard requirements to improve the way services work for
people.
- The
Substitute Decisions Act protects those 16 years of age and older who are
deemed mentally incapable in matters related to their personal care. The Act
provides
safeguards against undue state intervention and outlines the process
whereby substitute decisionmakers can be appointed if incapacity
is established.
The rights of children under the age of 16 with respect to admission to secure
treatment facilities or the administration
of psychotropic drugs are provided
for in the Child and Family Services Act.
- Mental
health services for children and adolescents are provided through public
hospitals, psychiatric hospitals, emergency departments,
family service
programs, communitybased mental health and addictions programs, and
psychiatrists and family physicians through fee
for service with the Ontario
Health Insurance Plan. The Mental Health Act protects patients in
psychiatric facilities and provides for rights advisors to monitor admissions,
findings of incapacity or mental
incompetence.
- Ministry
of Health and LongTerm Care programs for children’s mental health include
the 21 public hospitals receiving funding
for outpatient services, the 4 public
hospitals with psychiatric inpatient units for children and/or adolescents as
well as a Mental
Health Centre program specific to adolescents.
- Changes
to regulations under the Education Act require Individual Education Plans
for exceptional students. Special needs programs and support services in
schools are financed
from a fund protected exclusively for this purpose. This
guarantees access by special needs students throughout the province to
an equal
level of services. Ontario continues to make investments in adaptive technology
to ensure that children with disabilities
have access to education and services.
Ontario maintains a system of provincial and demonstration schools that provide
intensive
support in a residential setting.
Health and health services (Article 24)
- Ontario
has a provincewide network of prevention and early support services for families
to give children a better start in life.
Since the First Report, a number of
significant initiatives have been undertaken to promote the health of children
and youth, including:
- a revision of
the mandatory health programs and services guidelines (referred to in paragraph
794 of the First Report);
- $67 million
annually for Healthy Babies, Healthy Children to improve wellbeing and long term
prospects of all children in Ontario;
- a $20 million
Preschool Speech and Language Initiative, enhancing speech and language services
for children from birth to school entry.
Children at risk of speech and
language delays and those with communication disorders are being identified as
early as possible
(target age is less than 2 years) and appropriate
interventions are provided;
- $5 million
annually to the Better Beginnings, Better Futures program, which provides
prevention services to over 5,000 highrisk families
in eight economically
disadvantaged communities. Programming includes home visiting, child care,
dropin centres, recreational activities,
parent training and support groups and
breakfast/lunch programs;
- continuation of
the community Best Start program to reduce the incidence of low birthweight
(referred to in paragraph 795 of the First
Report); and
- a broad range of
primary care and health education services for children, youth and people of all
ages offered by Community Health
Centers.
- The
Ontario elementary education curriculum provides students with the knowledge and
skills they need to develop, maintain and enjoy
good health and well being.
- The
Ontario Human Rights Commission’s policy on discrimination because of
pregnancy was released in 1996.
- The
Commission has also taken steps to address the issue of female genital
mutilation, raised during the United Nations’ Fourth
World Conference on
Women in Beijing in 1995. Because of the increase in immigration to Ontario
from regions where the practice
persists, the Commission has been made aware
that girl children from affected communities are at risk in Ontario. The
Commission
undertook extensive research and in 1996, released a policy on the
human rights implications of the practice.
Social security and childcare services and facilities (Articles
18, 26)
- Child
care services in Ontario are a shared provincialmunicipal responsibility. The
Ministry of Community and Social Services sets
provincial standards, while
delivery of child care services is provided through 47 consolidated municipal
service managers.
- Ontario
currently uses its portion of the National Child Benefit reinvestment to help
fund the new Ontario Child Care Supplement for
Working Families to support up to
370,000 young children in working families. Ontario municipalities are
implementing their own
initiatives as part of the overall Ontario National Child
Benefit reinvestment strategy in ways that meet their local needs and
priorities.
Standard of living (Article 27)
- To
ensure children in financial need receive more support from parents, Ontario
adopted new legislation providing guidelines for the
courts in awarding child
support. Children continue to be a priority in the determination of what
assistance is provided under Ontario’s
social assistance legislation.
Special benefits for children include dental, drug and vision, special diet, and
a back to school
and winter clothing benefit.
- Under
the Ontario Works Act, 1997 and regulations, dependent children are
included as part of the benefit unit in the calculation of financial assistance
for the Ontario
Works applicant or participant. The Ontario Works program
further provides for a range of accessible child care supports for participants
who are engaged in mandatory employment assistance activities. The supports and
activities are intended to maximize employment and
training opportunities that
will help transition parents from social assistance to paid employment and self
sufficiency.
- One
such opportunity is the Learning, Earning and Parenting program (LEAP). LEAP is
a targeted strategy of Ontario Works Employment
Assistance designed for parents
on social assistance aged 16 to 21 years of age who have not completed high
school. LEAP was designed
to encourage young parents on social assistance to
complete high school and to develop parenting skills, which will support healthy
child development.
- The
Housing Development Act and the Ontario Housing Corporation Act
form the statutory basis for the building and operating of social housing
units for persons and families on social assistance, or
who have limited
incomes. Children of such families benefit from the housing units, which were
created under these statutes. Children
in needy families are therefore housed,
or have their housing subsidized, through the Ontario Housing Corporation (the
province’s
public housing agency with 98,000 units) or in communitybased
nonprofit groups that provide an additional 104,000 units of rent gearedtoincome
housing.
Education, leisure and cultural activities
Education, vocational training and guidance (Article
28)
- Ontario
is engaged in comprehensive reform of secondary education that will
include:
- greater student
mobility across educational experiences;
- prior learning
assessment, recognition and crossaccreditation to ensure portability of credits
between programs, institutions and
workplaces;
- development of a
new framework for approving apprenticeship classroom training offered in
colleges and privatesector training institutions;
- a new
teacheradvisor program to monitor academic performance, help optimize course and
student selection, and act as key school contacts
for parents;
- annual education
plans for all students in grades 712; and
- regular
monitoring of guidance and career education programs.
- Financial
assistance is provided to postsecondary students through provincially funded
grants and loans.
- The
Learning Opportunities Task Force provides assistance to students with learning
disabilities through pilot projects involving
13 colleges and
universities.
- The
Learning, Earning and Parenting program assists single parents to complete their
secondary diploma requirements and continue on
to postsecondary
education.
- Assistance
for students at risk of not achieving educational goals is provided through a
Learning Opportunities Grant for students
facing social or economic barriers.
This grant funds such programs as reading recovery, counseling and summer
school.
Aims of education (Article 29)
- The
Ontario curriculum incorporates the goals of education identified in Article 29
of the Convention. Students learn about Canada
and the role of citizens within
a democratic society and a culturally diverse and interdependent world.
- In
1995, the Ontario Human Rights Commission, in cooperation with the Ministry of
Education, released a package of materials entitled
Teaching Human Rights in
Ontario, to assist secondary school teachers in promoting respect for human
rights.
- Information
about the Ontario Human Rights Code is available to students across
Canada via the Internet on the “SchoolNet” service and by way
of the Commission’s own Web site launched in 1996.
Leisure, recreation and cultural activities (Article
31)
- The
government has made the participation of children and youth a priority in its
Amateur Sport Strategy and in its funding programs
supporting the creation of
recreation opportunities. The government has issued a policy position entitled
“Recognition Criteria
for Children’s Recreation Services” that
highlights the importance of recreation to healthy child development.
- The
Ministry of Citizenship, Culture and Recreation is funding the development of
quality improvement processes that allow community
recreation providers to
measure the age appropriateness and overall suitability of recreation programs
for school age children.
Special protection measures
Children in situations of emergency and refugee children
(Article 22)
- The
children of qualifying nonnationals have access to the same financial and health
benefits as dependent children of other social
assistance recipients, including
extraordinary costs related to a child’s severe disability if the parent
meets the income
test.
Children in conflict with the law and administration of
juvenile justice (Article 40)
- The
Ontario Government has set up a Justice for Children and Youth Legal Clinic to
represent to lowincome children and youth facing
conflicts with the legal,
educational, social service or mental health systems.
- Child
Friendly Courts specialize in cases involving child witnesses and offer support,
counseling and building features that reduce
the traumatic effects of having to
appear in a criminal trial.
- The
Ontario Evidence Act provides that a person of any age is presumed to be
competent to give evidence. The Act also provides a number of protections for
childwitnesses, including videotaped closed circuit television, or behindscreen
testimony; support persons; and protections against
personal
crossexamination.
- The
Ontario Police College trains all recruits on the Young Offenders Act and
the rights of young persons. Police services also have special procedures for
advising young persons of
their rights, and for taking statements. A protocol developed by the
Ministry of the Solicitor General, the Ministry of Correctional
Services and the
Ministry of the Attorney General ensures that young offenders are advised of
their right to contact the Child Advocate
with their concerns.
- Early
intervention programs funded through the Ministry of the Solicitor General and
the Ministry of Correctional Services have been
designed to improve policeyouth
relations and provide direct interaction such as counseling, diversion, and
sports activities.
Children deprived of their liberty (Article 37)
- Ontario’s
correctional system is going through an extensive change that will fundamentally
alter the way in which services are
delivered to inmates. These changes have
been implemented with a focus on rebalancing the corrections system to reflect
the rights
of victims and to institute a meaningful consequence for offenders.
To this end, the government is currently in the process of replacing
its aging
adult facilities with modern, more humane institutions. As well, a strict
discipline project, aimed at reducing recidivism
and specifically tailored to 16
and 17 yearold male repeat offenders, is currently underway. A structured
program regimen emphasizing
work skills and education has also been established
throughout the young offender system.
- Young
offenders are segregated from adult offenders wherever possible. They receive
the care and services necessary to afford them
the opportunity to assume
responsibility for their actions. Care has been enhanced by centralized young
offender assessment, treatment,
classification, placement and transfer facility
and the establishment of the Office of the Provincial Coordinator of Assessment,
Placement and Transfer for the Young Offender Secure Custody
System.
- A
Case Management System ensures responsible management of young persons in
custody. Rights of young offenders are set out in the
Ministry of
Correctional Services Act, and include:
- a prohibition
against corporal punishment;
- meals that are
well balanced, of good quality and appropriate for the young person;
- clothing that is
of good quality and appropriate for the young person given the young
person’s size and activities and prevailing
weather conditions;
- necessary
medical and dental care at regular intervals and whenever required, in a
community setting whenever possible;
- appropriate
educational, training or work programs, in a community setting whenever
possible;
- recreational and
athletic activities that are appropriate for the young person’s aptitudes
and interests, in a community setting
whenever possible;
- internal
complaint and review procedures;
- participation in
significant decisions affecting the young person’s care in
custody;
- individualized
Plans of Care to meet the individual needs of the young person in custody within
a reasonable time; and
- the role/rights
of parents, family or significant others of the young person’s
choice.
- A
Directive entitled Response to Young Offenders at Risk of Suicide
prescribes procedures for the early identification and safe management of
potentially suicidal young persons in custody. The procedures
identified are
consistent with the fundamental principles of: using the least intrusive
intervention necessary to safeguard the well
being of young persons; and
respecting their right to be consulted on any decisions affecting them.
Children in situations of exploitation and economic
exploitation (Article 32)
- Working
students under 18 years of age are guaranteed a student minimum wage.
Preliminary discussions have begun to incorporate labourrelated
components, such
as health and safety, workers’ compensation and employment standards, into
the secondary school curriculum.
Drug abuse (Article 33)
- The
Ministry of Health funds substance abuse prevention programs designed
specifically for children, youth, and young adults as well
as treatment programs
for both youth and young adults.
- The
Ontario school curriculum includes a component on substance
abuse.
Sexual exploitation and sexual abuse (Article 34)
- The
school curriculum is designed to support the prevention of violence against
women and child abuse, including sexual exploitation/abuse.
- Resources
and professional development on violence against women and child abuse are
available to school boards on a range of issues,
including violence prevention
programs; sexual harassment; violence in dating relationships; healthy
relationships; violence and
gender stereotyping in the media; and the impact on
children who witness violence.
- The
Ministry of Health and Long-Term Care funds specific Sexual Assault Treatment
Centres for children at several hospitals. At other
hospitals the Sexual
Assault Treatment Centres, while not specific for children, do provide nursing
and physical care and referral.
Children belonging to a minority or an indigenous group
(Article 30)
- The
Aboriginal Policy Framework, which was approved in 1996, guides Ontario’s
approach to the delivery of programs and services
to, and its relations with,
Aboriginal
people.
- Ontario
continues to work towards ensuring that Aboriginal people have better access to
health services.
- An
Aboriginal Healing and Wellness Strategy is in place to address the immediate
and long-term impacts of family violence in Aboriginal
communities and to
improve the health status of Aboriginal people. The Strategy includes specific
initiatives directed toward children
and youth, including 2 youth solvent abuse
treatment centers and crisis intervention teams to ensure the safety of children
and youth.
- The
Ontario Provincial Police deliver Youth Empowerment courses to enhance the self
esteem of Aboriginal youth by increasing their
knowledge of Aboriginal culture,
health, spirituality, and contributions made by Aboriginals to society at large.
- Directives
from the Ministry of Correctional Services ensure provincial correctional
facilities provide spiritual care to Aboriginal
peoples in a manner that
recognizes and encourages their religious traditions, and accords Aboriginal
spirituality and practices
the same status and protections afforded to other
religions.
- Education
policies and programs enable Aboriginal students to enhance their cultural
awareness and improve their use of Aboriginal
languages through study, practice
and communication. The Ministry of Education supports three alternative schools
housed within
Native Friendship Centres where native students at risk of
dropping out of school can obtain their schooling in a culturally supportive
environment. Ontario also supports 5 native postsecondary institutes, which, in
co-operation with colleges of applied arts and technology
and universities,
offer credit courses within native communities as a bridge to post-secondary
study outside the community.
- The
Ontario Minister Responsible for Native Affairs worked with provincial and
territorial leaders and Aboriginal Leaders on the development
of a National
Aboriginal Youth Strategy.
- Ontario
has established 12 Frenchlanguage school boards and authorities to administer
Frenchlanguage education throughout the province.
In addition, there are 4
Frenchlanguage colleges of applied arts and technology and 4 bilingual
universities.
QUÉBEC
- The
following report has been prepared using the plan proposed by the General
Guidelines of the United Nations Committee on the Rights
of the Child
(CRC/C/58). Information in the first report which continues to be valid has not
been repeated.
- This
report reviews measures adopted by the Government of Québec in
application of the Convention on the Rights of the Child. It
updates the information contained in the first report up until December 31,
1997, focusing on the changes, particularly of a
legislative and institutional
nature, that have occurred to advance the implementation of the Convention in
Québec, as well
as on certain difficulties still to be overcome to ensure
the realization of the rights guaranteed to children.
I. MEASURES OF GENERAL APPLICATION (ARTICLE 4, 42 AND 44(
6))
- In
Québec, compliance with the Convention on the Rights of the Child
is essentially ensured by the Charter of Human Rights and Freedoms
(R.S.Q., c. C-12 ), or the Québec Charter, and the provisions of the
Civil Code of Québec (C.C.Q.) and the Youth Protection Act
(R.S.Q., c. P34.1). These provisions repeat the fundamental principles of the
Convention (nondiscrimination, best interests of the
child, respect for the
opinions of children), and complement and complete the federal measures in
effect throughout the country.
The details of these provisions were outlined in
the previous report.
- Formerly
entrusted to the Commission de protection des droits de la jeunesse [Commission
for the protection of youth rights], responsibility
for ensuring respect for the
rights of children in difficulty has been assumed since November 29, 1995 by the
Commission des droits
de la personne et des droits de la jeunesse [Human rights
and youth rights commission] (S.Q. 1995, c. 27). Having also taken over
the
mandate of the Commission des droits de la personne [Human rights
commission], the new organization has the mission of overseeing
compliance with
the principles set forth in the Charter of Human Rights and Freedoms, as
well as protecting the interests of children and the specific rights they are
conferred by the Youth Protection Act. The new Commission des droits de
la personne et des droits de la jeunesse [Human rights and youth rights
commission] is therefore
responsible for ensuring both promotion of and respect
for the human rights of all persons, children included, through the Charter
of Human Rights and Freedoms, and promotion of and respect for the rights of
children as recognized by the Youth Protection Act and the Young
Offenders Act (R.S.C. (1985), c. Y-5).
- The
Commission des droits de la personne et des droits de la jeunesse [Human rights
and youth rights commission], which operates at
arm’s length from the
government, is invested with a series of responsibilities, which include
investigations of any situation
of discrimination, including that based on age;
investigations of situations in which the rights of a child have been violated;
recourse
to the relevant legal remedies, including application to a court; and
development and delivery of information and education programs
concerning the
rights of children. The Commission is also responsible for analysing the
compliance of Québec statutes with
the Québec Charter and, where
applicable, making the appropriate recommendations to the government. In
addition, it conducts
or contributes to research on any matter within its
jurisdiction.
- With
regard to dissemination of the principles of the Convention, it should first be
mentioned that one of the training sessions offered
by the Commission
specifically concerns the Convention, its content and its scope. Furthermore,
in December 1996 the Commission
organized a symposium entitled “Des enfants et des droits”
[Children and rights] in conjunction with the Département
des sciences
juridiques [Department of Legal Sciences] of the Université du
Québec à Montréal [University
of Quebec at Montreal] and
the Société québécoise de droit international
[Quebec international law society].
This symposium addressed the legal
recognition of the child as a subject of law from the human rights perspective.
Numerous papers
of the symposium, published in 1997 by the Presses de
l’Université Laval [Laval university press], refer to the
principles
of the Convention.
- The
Commission and the Human Rights Tribunal refer regularly to the principles of
the Convention and to its relevant provisions, and
to other principles of
international law applicable to children.
II. DEFINITION OF THE CHILD (Article 1)
- The
Civil Code of Québec, which contains a series of provisions
related to the rights of minors, continues to set the age of majority at 18
years (Article
153 C.C.Q.).
- As
mentioned in the first report, there is no minimum age limit for admission to
employment in Québec, except for certain specific
kinds of employment or
vocations. However, in the course of its work on Bill 172 of 1997, one of the
purposes of which was to prohibit
night work by children aged 16 and under, the
Parliamentary Commission on the Economy and Labour decided to examine in depth
the
whole issue of child labour in Québec. A working committee was
therefore created in order to produce a discussion paper on
this issue and
present recommendations to the Parliamentary Commission on the Economy and
Labour.
- Since
1996, the Highway Safety Code (R.S.Q., c. C-24.2) has imposed on licensed
drivers under the age of 25, including those between the ages of 16 and 18,
conditions
that are more restrictive than for other drivers. Persons in this
age group are subject to a two-year probationary period, one of
the conditions
of which is a ban on driving a vehicle after consuming any amount of
alcohol.
III. GENERAL PRINCIPLES
A. Non-discrimination (Article 2)
- Like
anyone else, children may invoke the protection offered by the Charter of
Human Rights and Freedoms against discrimination based on race, colour, sex,
pregnancy, sexual orientation, civil status, age (except as provided by law),
religion, political convictions, language, ethnic or national origin, social
condition, a handicap or use of any means to palliate
a handicap.
- On
various occasions the courts have sanctioned discriminatory violations of the
rights of children. In 1995, the Human Rights Tribunal
declared illegal a
restaurant policy excluding all children under the age of 4 on the pretext that
the presence of young children
was disturbing to
certain customers (Commission des droits de la personne du Québec c.
Bizouarn [Quebec human rights commission v. Bizouarn],
J.E. 96-144 (T.D.P.Q.)).
In 1997, a 13-year-old Haitian boy and
his mother brought a successful suit
for damages against a neighbour who had made racist and insulting remarks about
the child (Commission des droits de la personne et des droits de la jeunesse
c. Cyr [Human rights and youth rights commission v. Cyr], J.E. 97-1562
(T.D.P.Q.)). The defendant was sentenced to pay the complainant and his mother
the respective amounts of $1,000 and
$500 as “moral” damages.
- During
the period with which this report is concerned, numerous investigations of the
Commission des droits de la personne et des
droits de la jeunesse [Human rights
and youth rights commission] dealt with discrimination in housing based on
age or the presence
of children. In a major decision in 1997, the Court of
Appeal of Québec affirmed the discriminatory character of such
situations,
even when they result from a housing policy that in theory is
neutral (Desroches c. Commission des droits de la personne
et des droits de la jeunesse [Desroches v. Human rights and youth rights
commission], [1997] R.J.Q. 1540, confirming (1994)
19 C.H.R.R. D/220 (T.D.P.Q.)).
- In
addition, certain situations involving children’s right to equality have
led the Commission to adopt certain positions of
principle. It notably declared
in an opinion of May 1995 that to exclude a child from a day-care service
on the sole grounds that
he tests positive for HIV/AIDS constitutes
discrimination based on a handicap. According to this opinion, any limitation
on the
child’s right to receive day-care services must be based on the
presence of a risk of transmission, which is to be assessed
by the referring
physician in conjunction with the public authorities based on the state of
health or behaviour of the child afflicted
by a disease transmissible by blood.
- Finally,
as explained in the section of this report dealing with the health and welfare
of disabled children, there has been progress
since 1992 in the integration into
regular classes of children with a physical or mental impairment.
B. Best interests of the child (Article 3)
- Article
33 of the Civil Code of Québec provides that decisions concerning
a child are to be taken in light of the child's interests and the respect of his
rights. This
obligation applies not only to judicial decisions but also private
decisions (made by parents, guardians, teachers, social workers
etc.) and
administrative decisions (made by child-care services, schools, school boards,
establishments etc.). In each case the
child’s interests must be
assessed, taking account of his or her moral, intellectual, emotional and
physical needs, age, state
of health, character and family environment, as well
as all the other aspects of the child’s situation. All of these factors
have to be taken into consideration. One cannot be used to the detriment of the
others.
- In
the fall of 1996, the Government of Québec announced its intention to
review all family support programs so as to introduce
new provisions that were
more consistent, simple and responsive to the needs of today’s
families.
- These
efforts culminated on June 19, 1997 in the passage and sanction by the
Government of Québec of the Act respecting the Ministry of the Family
and the Child and amending the Act respecting Child Day Care (S.Q. 1997, c.
58). This new department is the
result of the merger of the
Secretariat for Family Affairs and the Office des services de garde à
l’enfance [Office of
child care services]. Under this Act, the Minister
of Child and Family Welfare has the mission of raising awareness of the
importance
of child and family welfare and providing families and children with
the means to achieve their full potential. In particular, he
ensures that
society places more emphasis on child and family welfare. He provides parents
with the support they need to meet their
responsibilities fully and to protect
their relationship with their children. He takes into consideration the
diversity of family
models and focuses primarily on the needs of children.
- In
creating the Ministère de la Famille et de l’Enfance [Department of
child and family welfare], Québec has put
in place means of implementing
the new orientations of the family welfare policy. In summary, the family
welfare policy revises
the family allowance provisions, institutes full-time
kindergarten for children five years of age, assures educational child-care
services for young children at minimal cost to the parents, and sets forth the
government’s intention to create a Québec
parental insurance plan.
These new provisions require the Ministère de la Famille et de
l’Enfance [Department of child
and family welfare] to play an active role
in dialogue among the various partners in the public or parapublic, community
and union
sectors. Such dialogue will serve in particular to identify
implementation difficulties and to make the adjustments necessary to
ensure that
the policy is successful.
- The
new provisions are designed to achieve three major objectives which centre on
the principle that it is the parents who are primarily
responsible for meeting
the needs of their children. These objectives are as follows:
- ensure equity
through universal support for families and increased assistance for lowincome
families;
- facilitate the
reconciliation of parental and occupational responsibilities;
and
- foster child
development and equality of opportunity.
- The
supply of educational child-care services at minimal cost to the parents is
having a considerable impact on the child-care services
network as it used to
exist. In order that the transformation of the network may take place smoothly
with all the players concerned
and that services may be better adapted to
parents’ needs, particularly in light of current labour market conditions,
the Ministère
de la Famille et de l’Enfance [Department of child
and family welfare] offers support to non-governmental organizations that
provide child-care services.
C. Right to life, survival and development (Article 6)
- The
right to life and to personal security, inviolability and freedom is recognized
in Québec by certain provisions of the
Civil Code of Québec
and the Charter of Human Rights and Freedoms, as detailed in the previous
report.
- Furthermore,
numerous provisions of the Act respecting Labour Standards (R.S.Q.,
c. N1.1) pertain to leave for family events: birth or adoption of a child
(5 days, 2 of which are paid if the employee can
prove 60 days’ continuous
service), obligations related to the child’s care, health or education (5
days), maternity
(18 weeks), and parental leave (52 weeks).
D. Respect for the opinions of children (Article 12)
- A
new provision of the Youth Protection Act insists on the necessity
“of giving the child and the child’s parents an opportunity to
present their points of view,
express their concerns and be heard at the
appropriate time during the intervention” (para. 2.4(4)).
- With
regard to the right to counsel, section 34 of the Charter of Human Rights and
Freedoms provides that: “Every person has a right to be represented
by an advocate or to be assisted by one before any
tribunal.”
- In
addition, a 1997 amendment to the Regulation respecting Legal Aid
maintains the right to representation by counsel of children subject to the
Young Offenders Act. Henceforth, only the income and value of the
liquidities of the minor are to be taken into consideration for purposes of
financial
eligibility when the child requires legal aid for proceedings under
the Youth Protection Act or the Young Offenders Act. For any
other case or recourse, the income and value of the liquidities of the parents
or the person who has custody of the child
are also taken into consideration,
except if the interests of the child are opposed to those of the adult in
question (s. 7 of the
Regulation respecting Legal
Aid).
- In
1990, the Commission des droits de la personne et des droits de la jeunesse
[Human rights and youth rights commission] intervened
before the Superior Court
to secure recognition of the right of a child under 14 to apply to the court
under section 74.2 of the
Youth Protection Act when the child disagrees
with the decision of the director of youth protection as to the directing of the
child. In 1993, the Court
of Appeal of Québec confirmed the Superior
Court’s decision allowing the child’s petition. At the time it
cited
the principle whereby decisions made under the Youth Protection Act
must be “in the interest of the child and respect his rights”, with
particular emphasis on the right to receive the fullest
possible information,
the right to be heard, and respect for his legal rights (Protection de la
jeunesse-644 [Youth protection-644], [1994]
R.J.Q. 2511).
- It
is interesting to note that a significant number of the complaints processed by
the Commission in the area of youth protection
or juvenile justice are filed by
the child himself or his advocate. The following table breaks down the
petitions for intervention
processed, according to the applicant’s
identity:
Applicants
|
1993
|
1994
|
1995
|
1996
|
1997
|
Parents
|
37%
|
38.5%
|
33.2%
|
35%
|
38%
|
Children
|
8%
|
16.8%
|
22.1%
|
31.5%
|
24%
|
Families or neighbours
|
13%
|
8%
|
11.8%
|
8.8%
|
9%
|
Child’s advocate
|
---
|
5.8%
|
5.8%
|
3.2%
|
7%
|
Other advocates or judges
|
21%1
|
6.5%
|
4.6%
|
3.8%
|
7%
|
Youth Centre workers
|
---
|
7.2%
|
5.5%
|
5.2%
|
7%
|
Other social workers
|
5%2
|
---
|
4.8%
|
4.6%
|
2%
|
School
|
---
|
---
|
1.8%
|
1.2%
|
1%
|
Other
|
7%
|
7.2%
|
5.1%
|
2.8%
|
2%
|
Commission initiative
|
9%
|
10.0%
|
5.3%
|
3.8%
|
3%
|
1 The 1993-1994 report did not distinguish between
the child’s advocate and other advocates, and did not refer to
judges.
2 The 1993-1994 report did not distinguish
between the various social workers, whom it identified generally as
“resources of the
establishments”.
- In
1995, the Commission de protection des droits de la jeunesse [Commission for the
protection of youth rights] made certain recommendations
to the Comité du
Barreau du Québec [Quebec bar committee] concerning the representation of
children by counsel. These
recommendations were designed to bring about more
appropriate representation of children before the Youth Division. Many of them
were adopted by the Committee, the most important being those concerning the
independence of the attorney, definition of his role,
the application of codes
of ethics, and creation of a specialized ethical authority.
IV. CIVIL RIGHTS AND FREEDOMS (Articles 7, 8, 13-17 and
37(a))
D. Freedom of thought, conscience and religion (Article
14)
- In
Québec, freedom of thought, conscience and religion continues to be
protected by the Charter of Human Rights and Freedoms. Following the
expulsion of a girl from a public school for wearing the Islamic shawl, the
Commission des droits de la personne
et des droits de la jeunesse [Human rights
and youth rights commission] produced a discussion paper in 1995 called
“Le pluralisme religieux au Québec : un défi
d’éthique
sociale” [Religious Pluralism in Québec: A
Challenge of Social Ethics], where it advocates a societal debate on the
accommodation of religious freedom in certain social contexts, including
schools. The Commission regards the ban on the hijab in public school as
discrimination based on religion. Schools are therefore obliged to accommodate
students who wear the hijab, unless reasons of security or public order
justify a restriction on that right. To shed some light on the issue, the
Ministère
de l’Éducation [Department of education] produced
a guide on religious diversity. In addition, the Conseil du statut
de la femme
[Council on the status of women] published a research paper, “Cultural and
Religious Diversity: A Study of the
Stakes for Women”, and an opinion,
“Droits des femmes et diversité” [Diversity and women’s
rights],
which were widely distributed in 1997.
F. Protection of privacy (Article 16)
- As
outlined in the previous report, the protection of privacy in Québec is
ensured by certain provisions of the Charter of Human Rights and
Freedoms, the Civil Code of Québec, the Act respecting
Access to Documents held by Public Bodies and the Protection of Personal
Information (R.S.Q., c. A2.1), the Act respecting the Protection of
Personal Information in the Private Sector (R.S.Q., c. P-39.1), the Act
respecting Health Services and Social Services (R.S.Q., c. S-4.2) and the
Youth Protection Act. Section 9 of the latter recognizes the right of a
child placed in a foster family or rehabilitation centre to communicate in full
confidentiality with any person. Based among other things on the child’s
right to privacy, the provision stipulates, however,
that the right to
communication or its confidentiality may be limited by the tribunal or the
executive director of an institution
if certain conditions apply.
G. Access to appropriate information (Article 17)
- With
regard to access to appropriate information, Télé-Québec,
the public television channel in Québec,
offers educational and cultural
programming for children. Télé-Québec has acknowledged
expertise in producing
programs targeted to children which ban all forms of
violence and strive to promote tolerance and respect for difference, while
promoting
the psychosocial development of children.
- For
example, the program schedule for fall 1998 will reserve for the youth audience
the period between 4 p.m. and 6:30 p.m. each weekday,
a period of 90 minutes in
the morning from Monday to Friday, and a period of 60 minutes on Saturdays and
Sundays. In total, then,
TéléQuébec will allocate 27 hours
per week to youth programming.
- The
Commission des droits de la personne et des droits de la jeunesse [Human rights
and youth rights commission] has also collaborated
in the production of a series
of booklets for children, entitled “Abus et négligence”
[Abuse and negligence],
“Enlèvement” [Abduction], and
“Abus sexuel” [Sexual abuse]. These three publications,
written by
child development specialist Joy Berry and published in 1996 by
Jean-Paul Saint Michel, are designed to protect children from the
dangers of
abuse and neglect, kidnaping and sexual abuse by informing them of the safety
measures they can employ.
V. FAMILY ENVIRONMENT AND PROTECTION FROM REMOVAL
(Articles 5, 18(1) and (2), 9-11, 19-21, 25, 27(4) and 39)
B. Responsibilities of parents (Article 18 (1) and
(2))
- Article
600 of the Civil Code of Québec provides that the father and
mother exercise parental authority together, and article 599 adds that they have
the rights and duties
of custody, supervision and education of their
children.
- Parental
authority is public in nature: that is, those who hold parental authority may
not transfer it to other persons via private
agreements. Only the exercise of
certain rights and duties of parental authority (custody, supervision,
education) can be delegated.
Parental authority may be transferred only to the
extent and on the terms and conditions prescribed in the Youth Protection
Act. Parental authority is also limited in its scope and duration. It
progressively decreases as the minor child comes to exercise his
or her rights
and responsibilities, and ceases, in principle, at the age of majority. It
should be noted that this authority is
not absolute, as the rights and duties of
parents are limited by law.
- One
must also note the growing popularity, especially in small remote communities,
of formulas for management by the child’s
family and the other families of
the community of a dispute caused by an offence. The Youth Protection
Act provides for the necessity of considering the characteristics of
cultural communities and Aboriginal communities when measures are
imposed on the
child and the child’s parents.
- In
Québec, nearly two thirds of mothers whose youngest child is under three
years of age are employed. In 70 percent of two-parent
families with young
children, both spouses work. In such a context, reconciling family and
occupational responsibilities is a major
social issue. Greater participation by
men in the organization of family life and greater availability of fathers for
their young
children have been encouraged. As part of the second family policy
action plan 1992-1994, the Secretariat for Family Affairs and
the
Ministère de la Santé et des Services sociaux [Department of
health and social services] have made an effort to
promote closer relations
between fathers and children by publishing a brochure entitled “Être
père : La belle
aventure!” [Fatherhood, what an adventure!],
which has been distributed in several thousand copies.
- Furthermore,
Québec society has decided to acquire more accessible day-care services
that are better able to support parents
in their tasks of child raising and
development. In 1995 there were some 960,000 families in Québec,
containing over 1.6
million children. About 85 percent of these families
had one or two children, and 27 percent of children lived in a large family
(three children or more). The number of single-parent families in
Québec has risen over the past 35 years, and now accounts
for 20 percent
of all families; blended families represent 10 percent of all Québec
families. These changes in family structure
and composition are generating new
needs. The increase in the number of children living in a single-parent family,
which is characterized by lower labour force activity and higher poverty, is
putting pressure on the demand for day-care spaces.
For a single parent,
educational day care to ensure the welfare of children is a response to various
needs: it compensates for the
inadequacy of educational resources, contributes
to the social and occupational integration of the parent, or simply provides the
parent with some respite.
- We
note that the 1991 and 1996 census statistics indicate a slight decline in the
number of singleparent Aboriginal families, from
7,740 to
7,270.
C. Separation from parents (Article 9)
- In
1997, the Québec Ministère de la Justice [Department of justice]
introduced a mandatory family mediation system that
is free of charge and
applies to all spouses with children. The interests of the children are
particularly to the fore in this process,
since the matters that have to be
resolved during the mediation include custody, visiting and outing rights, and
the amount of child
support to be granted.
F. Recovery of child maintenance (Article 27(4))
- In
1995 the Québec Parliament introduced a universal system for the
automatic collection of support under the Act to Facilitate the Payment of
Support (S.Q. 1995, c. 18). Whereas previously government authorities would
intervene only to recover amounts not paid when due, it is now
the
responsibility of the government, with certain exceptions, to collect the
support from the payor, notably via deductions from
pay and other compensation,
ensuring at the same time that this support is paid twice monthly to the
creditor.
- This
system is designed to ensure that any person entitled to receive maintenance is
financially secure. It is primarily children
who benefit from this measure,
since they are the recipients of the majority of support payments.
G. Children deprived of their family environment (Article
20)
- The
principle of maintaining children in their family environment which is set forth
in the Youth Protection Act, derives from the Québec Charter,
particularly section 39 (right to protection, security and attention), and
certain provisions
of the Civil Code of Québec pertaining to
parental responsibility. In other words, the direct availability of the parents
for their child is the primary condition
facilitating the exercise of their
responsibilities toward him or her. The nature and conditions of that
availability are adjusted
to circumstances as the child grows older and matures,
even extending beyond the age of majority. This general rule applies under
the
Youth Protection Act, as long as it respects the interests of the child.
- Children
deprived of their family environment are conferred a series of rights, which are
particularly articulated in sections 4 to
11.2 of the Youth Protection
Act. Violation of these rights may be the subject of recourse to various
authorities. The Commission des droits de la personne et des
droits de la
jeunesse [Human rights and youth rights commission] has the authority to demand
that the necessary corrections be made
when these rights are infringed. The
infringement of rights may also give rise to relief ordered by the tribunal.
- In
one case involving children transferred from one foster family to another, the
Superior Court of Québec pointed out that
under section 7 of the Youth
Protection Act, the director of youth protection has the obligation, and not
the discretion, to prepare the child before the transfer (Commission des
droits de la personne et des droits de la jeunesse et Directeur de la protection
de la jeunesse, Les Centres jeunesse
de l'Outaouais [Human rights and youth
rights commission and the Director of Youth Protection, Outaouais youth
centres], C.S. 55024000003974, December 1, 1997). This obligation was
introduced to prevent psychological damage resulting from sudden uprooting
and
the broken attachment between children and the persons who have stood in loco
parentis, and it must be applied so as to respect the principle of the
interest of the child, as guaranteed by section 3 of the Act.
H. Adoption (Article 21)
- No
adoption may take place except in the interest of the child and on the
conditions prescribed by law (Article 543, C.C.Q.).
- Under
section 544 of the Civil Code of Québec, no minor child may be
adopted unless his father and mother or his guardian have consented to the
adoption in writing before two
witnesses, or unless he has been judicially
declared eligible for adoption. A person who has given his consent in writing
may withdraw
it within thirty days from the date it was given (s. 557 C.C.Q).
If a person has not withdrawn his consent within the required time,
he may, at
any time before the order of placement, apply to the court to have the child
returned (s. 558 C.C.Q.).
- Section
549 of the Civil Code of Québec provides that no child 10 years of
age or over may be adopted without being consulted and giving his consent.
However, when a child
over 10 but under 14 refuses to give his consent, the
court may defer its judgment for the period of time it indicates, or grant
adoption notwithstanding the child’s refusal. Refusal by a child 14 years
of age or over is a bar to adoption (s. 550 C.C.Q.).
- The
rules respecting consent to adoption and the eligibility for adoption of a child
domiciled outside Québec are those provided
by the law of his domicile
(s. 3092 C.C.Q.). When called upon to grant an order of placement or recognize
an adoption judgment rendered
outside Québec, the court ascertains in
particular that the rules respecting consent to adoption have been observed (ss.
568
and 574 C.C.Q.).
- Adoption
creates the same rights and obligations as filiation by blood (s. 578 C.C.Q.).
Furthermore, an adoption judgment rendered
abroad which has been legally
recognized in Québec produces the same effects as a judgment rendered in
Québec (ss.
581, 3092 C.C.Q.). Finally, remember that a child adopted
outside Québec has the same rights as a child born in Québec.
- It
should be mentioned that, in accordance with section 564 of the Civil Code of
Québec, only the Minister of Health and Social Services or an
organization certified by her may act as intermediaries in the international
adoption process. Such organizations are legally incorporated
private not-for-profit corporations whose mission it is to defend the rights
of children, promote their interests or improve their
living conditions.
Ministerial certification authorizes them, under certain conditions, to perform
for the adopter the procedures
for adopting a child domiciled outside
Québec.
- Section
135.1 of the Youth Protection Act provides that any person who gives or
receives a benefit with a view to obtaining the adoption of a child is liable to
a fine of
$2,450 to $12,150, depending on whether a legal or natural person is
involved. Whoever adopts, attempts to adopt or contributes
to the adoption of a
child contrary to the Act is also liable to such a penalty.
- Every
certified organization must have a board of directors made up of at least 5
persons, and undertake, among other things, to deposit
in a trust account the
sums of money entrusted to it by the adopter. It must also provide the Minister
of Health and Social Services
with the average cost of an adoption, with
particulars of each item of expenditure and the range of costs for each
(Minister’s Order respecting the conditions for certification of an
organization that takes steps on behalf of the adopter with
a view to the
adoption of a child domiciled outside Québec, M.O. 91 of
March 14, 1991, Gazette officielle du Québec [Quebec official
gazette] - Part 2, of March 27, 1991, p. 1133). A certified
organization that fails to comply with its obligations may have its
certification suspended
or revoked by the Minister (s. 72.3.4, Youth
Protection Act).
- All
certified organizations have also agreed, by resolution of their board of
directors, to respect the Code d’éthique des organismes
agréés du Québec en adoption internationale [Code of
Ethics for Québec Organizations Certified in International Adoption],
which came into force on January 1, 1997.
They thereby undertake to avoid
conflicts of interest and to demonstrate impartiality, and more specifically, to
act with honesty
and to avoid receiving or paying any advantage, return or
commission in the exercise of their functions or in the child adoption
process.
Certified organizations must also avoid methods and behaviours liable to ascribe
a profit-making or commercial character
to international adoption. They must
never place any pressure whatsoever on the biological parents to persuade them
to give their
child up for adoption, nor associate with any person, organization
or institution they know to use or suspect of using such methods.
H. Abandonment or neglect (Article 19), including physical and
psychological recovery and social reintegration (Article 39)
- In
Québec, the legal framework for intervention in cases of abandonment or
neglect is essentially covered by the provisions
of the Youth Protection
Act; the reader may refer to the previous report for the details of such
intervention.
- In
December 1995 the Government of Québec adopted a spousal abuse policy
with which seven departments are associated. Of the
many commitments made,
a number have allowed for the establishment of measures designed to counter
abusive or potentially abusive
behaviours or to mitigate the effects of abuse on
children witnessing it. The policy was developed in partnership with the
governmental,
paragovernmental, community, university and association sectors
and with the participation of specialists. It emphasizes 4 lines
of
intervention: prevention, detection, adaptation of services to specific
realities (e.g. Aboriginal people) and consistency of
the intervention in the
psychosocial, judicial and correctional spheres.
- Following
the publication of an opinion questioning the validity under the Charter of
Human Rights and Freedoms of the duty to report as formulated in section 39
of the Youth Protection Act, the Commission des droits de la personne et
des droits de la jeunesse [Human rights and youth rights commission] analysed
this provision
in light of the right of professional secrecy. In the
Commission’s view, the rule obliging the professional to report to the
director of youth protection, professional secrecy notwithstanding, constitutes
a rational and proportional means of protecting the
welfare of children likely
to experience situations that may jeopardize their security or development.
VI. HEALTH AND WELFARE (Articles 6, 18(3), 23, 24, 26,
27(1-3)
A. Disabled children (Article 23)
- In
1996 the Office des personnes handicapées du Québec [Quebec office
for disabled persons] established the “Program
d’évaluation
de l'intégration sociale des personnes handicapées” [Program
to Evaluate the Social
Integration of Persons with Disabilities]. This program
provides a source of reliable and information on the academic, occupational
and
social integration of persons with disabilities. The first report prepared
under this program covers the period of 1993 to 1997.
It highlights the
following main elements with respect to disabled children.
Integration of disabled children in day-care
services
- There
were some interesting developments in the integration of disabled children in
daycare between 1992 and 1996. During this period,
the number of children with
disabilities who entered day-care doubled. This was made possible thanks to the
importance ascribed
to this clientele by the Ministère de la Famille et
de l’Enfance [Department of child and family welfare] and its partners.
In this connection, a Québec committee on the integration in day-care of
children with disabilities was created. It is mandated
to promote access to
day-care for disabled children, to support day-care services in their
responsibility for integrating children
with disabilities, and to encourage
parents to participate in their children's integration in daycare. This result
was also made
possible by the allocation of significant new budgets to meet the
demand. Grant expenditures increased accordingly, from $1.5 million
in 1993 to
$3 million in 1997.
- School
day-care services, however, are underdeveloped, and the integration of children
with disabilities in these services is still
the exception. Conscious of the
problem that access for disabled children to day-care services posed in all
parts of Québec,
the Office des personnes handicapées du
Québec [Quebec office for disabled persons] decided 2 years ago to begin
creating
regional committees. Many regions have now produced progress reports
or surveys in order to better identify the needs of both parents
and day-care
sectors. Collaborative projects between various organizations have been set up
to meet these needs.
Support measures for families with a disabled
child
- The
various Québec compensation plans (automobile insurance, occupational
health and safety, compensation for victims of crime,
health insurance) offer
support measures for the parents of children with disabilities.
- Québec
families with a severely disabled child may also receive a supplemental family
allowance in the amount of $119.22 per
month, regardless of their income.
Education of disabled children
- In
the sphere of educational services, in 1993 the Office des personnes
handicapées du Québec [Quebec office for disabled
persons]
published its position on the schooling of children with disabilities, which is
based on 3 guiding principles: respect for
the student’s needs, the
regular neighbourhood school classroom as the place of schooling, and
participation by the parents.
Based on these principles, the Office des
personnes handicapées du Québec [Quebec office for disabled
persons] has
provided its support to the parents of children with disabilities
in their efforts to obtain appropriate educational services.
- Thanks
to the efforts made over the last 10 years, there has been an improvement in the
school integration of disabled children.
However, it is quite obvious that the
number of disabled children in regular classrooms falls off as the level of
education increases.
Children with a physical impairment are more easily
integrated in regular class, since in many cases technical adaptations may be
all that is needed.
- The
majority of cases involving disabled children that have been processed by the
Commission des droits de la personne et des droits
de la jeunesse [Human rights
and youth rights commission] concerned their integration into regular classes.
Complaints opposing
parents and school boards include the placing of the student
in special or remedial class, supervision by remedial teachers or monitors,
the
school’s adjustment to the schedule and needs of the child, and the
provision of specialized equipment to compensate for
the student's handicap.
- In
1994 the Court of Appeal of Québec confirmed a judgment of the Human
Rights Tribunal ordering the partial integration in
regular class of a child
with a mental disability (Commission scolaire St-Jean-sur-Richelieu
c. Commission des droits de la personne du Québec
[StJeansurRichelieu school board v. Quebec human rights commission], [1994]
R.J.Q. 1227, confirming in part [1991] R.J.Q. 3003 (T.D.P.Q.)). For the
Court of Appeal, integration in regular class is not the objective in every
case, although it is an objective to be encouraged.
The law instead sets as a
standard the adaptation of educational services to the needs of each disabled
student. The Court ruled
that, to take account of the individual learning needs
of each child, adaptation of such services is an essential condition for the
pursuit of real equality.
- In
1997, the Human Rights Tribunal found that refusal to accept in day-care a child
accompanied by a visual rehabilitation worker
to help him compensate for his
disability constituted discrimination based on use of the chosen means of
palliating a handicap (Commission des droits de la personne et des droits de
la jeunesse c. Garderie du Couvent inc. [Human rights and youth rights
commission
v. Du couvent day care inc.] [1997] R.J.Q. 1475).
B. Health and medical services (Article 24)
- In
1997 the Secrétariat à la condition féminine [Secretariat
on the status of women] launched its “Program
d’action 1997-2000
pour toutes les Québécoises” [1997-2000 Action Program for
all Québec Women].
Through this program the government clearly indicated
its intention to use every possible means to address the causes of the rise
in
the early pregnancy rate, so as to prevent adolescent girls from becoming
mothers and thereby compromising their chances for economic
independence. The
government also expressed a desire to support teenage mothers and their specific
needs as appropriately as possible.
- An
interdepartmental committee was set up, and therefore mandated to develop
government policies on this issue together with an action
plan. With the aim of
preventing early pregnancies, in 1995 the Ministère de la Santé et
des Services sociaux [Department
of health and social services] (MSSS) released
the “Orientations ministérielles en matière de planification
des
naissances” [Departmental orientations on planned parenthood]. The
first of the objectives directly concerns girls, since
it aims to reduce to less
than 15 per 1,000 the early pregnancy rate among teenage girls aged 17 or under.
The department also wants
to mitigate the consequences of these pregnancies on
the health and welfare of young mothers and their children.
- With
regard to support for adolescent mothers and with the same aim of mitigating the
impacts of early pregnancies, the MSSS provides
substantial subsidies to a
multitude of nongovernmental organizations offering services to teenage mothers
and their families. Specifically
in the Aboriginal community, the Government of
Québec issues grants to certain organizations working with adolescent
mothers,
such as the Regroupement des centres d'amitié autochtones du
Québec [Quebec association of native friendship centres]
and
Québec Native Women.
- The
MSSS has also undertaken to produce and distribute a monograph on the health,
welfare and living conditions of adolescent girls
which will address the needs,
realities and various problems they experience.
- The
Ministère de l’Éducation [Department of education] has
organized a “personal and social training”
course which serves among
other things to provide young people with information relating to sex education.
This awareness raising
for boys and girls is essential for many reasons,
including prevention of early pregnancies and sexually transmitted diseases.
- Being
faced with a demographic situation that has changed considerably in recent years
with a larger and more diverse influx of immigration,
Québec has studied
the issue of female genital mutilation. To this end the minister responsible
for the status of women established
an interdepartmental committee on female
genital mutilation in 1994. The committee submitted an action plan in 1995
which proposed
to measure the incidence of this practice in Québec and to
educate the public so as to prevent practices of genital mutilation.
The
Ministère de la Santé
et des Services sociaux [Department of
health and social services] is implementing the action plan.
- The
Commission des droits de la personne et des droits de la jeunesse [Human rights
and youth rights commission] condemned female
genital mutilation in an opinion
released in 1994. It considers that a defence based on parental consent or
religious or cultural
values cannot justify such serious interference with the
personal inviolability of children, of which most of the victims are
girls.
C. Social security and child-care services and facilities
(Articles 26 and 18(3))
- It
should be noted first of all that the financial assistance programs mentioned in
the previous report - i.e. under the Act respecting Income Security
(R.S.Q., c. S-3.1.1), the financial support program and the work and
employment incentives program - have been maintained.
- To
increase financial assistance for low-income families, the universal family
allowance plan, which included the allowance for newborn
children, has been
replaced by a plan intended only for the families who need it. The amount of
the family allowance is calculated
on the basis of family income, number of
children, and type of family (single-parent or two-parent).
- With
regard to child day-care services, certain undertakings were made by the
government and its non-governmental partners in the
third family policy action
plan called “Familles en tête 1995-1997” [Families first
1995-1997] to ensure a better
balance between family responsibilities and labour
market requirements. Notably, there is a desire to meet
the needs of
parents working on non-traditional or irregular schedules and to respond to
problems related to child care outside school hours or during the summer.
Between 1993
and 1997 the Office des services de garde à
l’enfance [Office of child care services]
continued to develop spaces
in day-care services. A total of 28,175 new spaces were made
available:
15,865 in daycare centres and 12,310 in families. Since its creation in 1997,
the Ministère de la Famille et de
l’Enfance [Department of child
and family welfare] has adopted a plan to develop 85,000 additional
day-care spaces by the year
2006.
- To
make day-care services more accessible, the government has created services that
are free of charge for disadvantaged children
and services for which only a
reduced contribution is required (currently $5 per day) for other children.
Spaces for this second
category are being introduced gradually, and in 1997
apply only to children 4 years of age.
D. Standard of living (Article 27 (1-3))
- In
addition to the assistance programs mentioned in the chapter on social security,
the Government of Québec introduced a new
housing allowance program in
October 1997. This program merged two housing assistance programs, namely the
special housing assistance
benefit of the Ministère de l'Emploi et de la
Solidarité [Department of employment and solidarity] (MES) and the
“Logi-rente”
[Housing benefit] program. This allowance is paid to
households with children that are receiving income security and to low-income
workers with children.
- It
should also be remembered that the Act to Facilitate the Payment of Support
mentioned above in section V.F. introduces expanded collection powers so as
to reduce the poverty level of children and women, notably
by improving the
economic situation of singleparent families. Some 7,500 judgments are subject
to this mechanism. An amendment
in May 1997 to the Civil Code of
Québec and the Code of Civil Procedure of Québec
regarding the establishment of support for children makes it possible to set
support amounts that better suit the
needs of children. This new legislation
introduces the use of a table which uses the parents’ disposable income
and the number
of children involved to establish the value of their basic
support contribution.
- In
addition, effective May 1997, support received for the benefit of a child will
no longer be included in the income of the recipient
parent or deductible for
the paying parent. Consequently the child and the parent with custody will
benefit from each dollar of
support paid.
- To
improve the financial support programs for children and ensure that they are
equitable, work was done in 1992-1994 to simplify
these programs. Child
allowances and child tax credits were indexed to the cost of living in 1992 and
1993. The tax credit for
the second child was also indexed in 1994. And in
1994 the amounts for dependent children and the tax credit for care of children
were increased. Consequently, a refundable tax credit has replaced the child
care expense deduction. To complement the National
Child Benefit, in 1997 the
family policy provided for the introduction of an integrated child allowance to
cover the essential needs
of all children living in low-income families.
- Maintaining
the child tax credit and single-parent credit will ensure the universality of
family assistance. For example, the integrated
child allowance will vary
according to the family income and number of children, so as to restore equity
to the financial support
for children that is provided by the government.
Low-income families will receive substantially more additional assistance than
before, and the essential needs of their children will be fully covered.
- With
regard to day-care services, the Office des services de garde [Office of child
care services] has been able to grant financial
assistance to parents eligible
for the “Program d'exonération et d'aide financière pour un
enfant en service
de garde” [Exemption and financial assistance program
for a child in day care]. This program makes it possible to reduce the
contribution of parents who meet the eligibility conditions by exempting them
from a portion of their daycare expenses. The financial
assistance is paid
directly to the day-care service or agency on the parents’ behalf.
Expenditures related to this program
have almost doubled in 4 years, rising
from $56.8 million in 1993 to $92.9 million in 1997. The 1997 adoption of
the new family policy
will serve to progressively standardize day-care
costs for all children attending early childhood centres from birth to
kindergarten,
via a minimal daily contribution of $5 for the parents. Parents
with low incomes may be exempted from this contribution.
VII. LEISURE, RECREATIONAL AND CULTURAL ACTIVITIES
(Articles 28, 29, 31)
A. Education, including vocational training and guidance
(Article 28)
- Education
in Québec continues to be provided under the Education Act, in
accordance with the parameters outlined in the previous report.
- Under
this education system, services for students include primary and secondary
instruction, supplemental services and special services.
The latter include the
right of students from different cultures to receive support services in
learning the French language. Students
with disabilities or with adjustment or
learning problems are entitled to educational services adapted to their needs.
They are
also entitled to an intervention plan designed with their
parents’ participation. In addition, disabled students have the
right to continue their secondary education until the age of 21, even
though the usual age for high school is 16.
- Each
year, the student has the right to choose between Catholic or Protestant moral
and religious instruction, and moral instruction.
With the collaboration of the
Commission des droits de la personne et des droits de la jeunesse [Human rights
and youth rights commission],
the Ministère de l’Éducation
[Department of education] has supported an initiative for education in human
rights,
and with the chief electoral officer, is conducting an
education-in-democracy campaign in primary and secondary schools in order
to
encourage students to learn the rules and requirements of democracy.
- Certain
specific measures have been taken with regard to target clienteles. As part of
the 19972000 action program for all Québec
women, the
Ministère de l’Éducation [Department of education] has made
a commitment to diversifying the vocational
and technical training options for
girls. It plans to do so through various awareness-raising activities in
concert with the academic
community and private-sector partners.
- For
example, the Government of Québec now has an action plan to encourage
Québec girls to pursue studies in the sciences
and technological
innovation. One of the means used is the annual Irma Levasseur award, conferred
by the minister responsible for
the status of women. This is a scholarship for
girls pursuing studies in science and technology. The Ministère de
l‘Agriculture,
des Pêcheries et de l’Alimentation [Department
of agriculture, fisheries and food] (MAPAQ) has made a major effort to
promote
the preparation of a female succession in the farming sector.
- With
regard to early childhood education measures, under the terms of the family
policy the Government of Québec intends to
provide parents with the
support of quality day-care services that are accessible and stimulating, while
continuing to give them
a predominant role in the raising of their young
children. Such services must give children 5 years of age and under the benefit
of supervision that fosters their development, and allow them to become
progressively more familiar with a stimulating learning environment
and acquire
skills that will prepare them for success in school.
- Since
1995 the Office des services de garde à l’enfance [Office of child
care services] has been distributing the program
“Jouer, c’est
magique” [Playing, it’s magic], which focuses on the overall
development of the child. Based on an educational approach from developmental
psychology, it has been
tested on thousands of Québec children and has
aroused a great deal of enthusiasm among educational staff. One component of
this program has been designed to encourage boys and girls in early childhood
centres to behave peacefully and relate to each other
as
equals.
The purposes of education (Article 29)
- Under
its family policy, the Government of Québec has encouraged the
development of educational orientations in early childhood
centres.
- These
orientations are designed to ensure the quality of educational services and
foster educational continuity between the centres
and the school environment.
The document entitled “Program éducatif dans les centres de la
petite enfance” [Educational program in early childhood centres]
has been in use since September 1997. The program is based in particular on the
following principles: each child is a unique being, child development is a
comprehensive, integrated process, and co-operation between
educational staff
and parents contributes to the harmonious development of the child.
- The
program also establishes the child development objectives and suggests concrete
methods of implementing the educational orientations
advocated. The objectives
concern the overall development of the child, providing support for the
physical, motor, intellectual,
language, socioaffective and moral aspects. By
realizing the development potential of the child, the early childhood
centres ensure
that the child has the chance to acquire or master various
attitudes or skills preliminary to the systematic learning to be offered
later
at school: selfconfidence and self-esteem, respect for others, motivation, a
taste for discovery, selfexpression, capacity
for attention, the habit of
problem solving, and so on. The teaching staff definitely adopt a democratic
mode of intervention that
allows children to express their needs and limitations
and to negotiate acceptable solutions, using play as a means of communicating
and establishing selfworth.
- In
1997 the Ministère de la Famille et de l'Enfance [Department of child and
family welfare] produced an inventory of educational tools for achieving
peaceful, equal
and nonviolent relations, entitled “Vivre égaux
et sans violence” [Living as equals nonviolently].
- Most
Aboriginal students attend a school managed by an Aboriginal community. For
the 19961997 school year, this was the situation
of 84 percent of
Aboriginal students, who thus received instruction in their native language.
- The
Commission des droits de la personne et des droits de la jeunesse [Human rights
and youth rights commission] has increased the
number of its representations in
the context of education reform in order to demand that instruction in rights
and freedoms be included
in the primary and secondary curricula. It has also
prepared compendiums of activities for the purpose of such instruction. School
interventions addressing specific issues related to human rights have also been
organized. Certain training sessions for students
or their representatives
dealt with one of the following subjects: young people and democracy, sexual
harassment, disabled students’
access to regular classes, intolerance,
conflict and violence at school, and relations between Natives and non-Natives.
C. Leisure and cultural activities (Article 31)
- With
regard to leisure, review of the achievements of the 1992-1994 action plan of
the family policy partners indicates that various
steps have been taken to
facilitate leisure and cultural activities in the family.
- For
example, children’s playgrounds have been built in parks and a three-year
plan to promote the Québec parks network
has been developed. The concept
of engaging in physical activities in the family, “Famille en
jeu”, has been introduced in over 160 municipalities. In addition,
various instruments have been produced to encourage municipal and school
authorities to step up the pooling of their equipment.
- Diverse
measures have also been taken to increase the municipalities’ commitment
to families. These include the distribution
among elected municipal officials
of a guide entitled “Les municipalités et les familles”
[Municipalities and
families]. This guide offers a range of information
designed to help municipalities set up family policy dialogue mechanisms and
develop new family services formulas.
- In
support of these initiatives, an initiative fund called the “Fonds famille
1992-1994” [Family fund 1992-1994] was established
to support the
finalization of projects that test new approaches. A total of $1.1 million was
spent for this purpose and 23 projects
were financed. For 19951997, this family
fund stood at $517,000 and served to finance 27 projects related to development
of parenting
skills.
- With
regard to cultural activities, the 162 public libraries of Québec and the
800 libraries affiliated with the regional service
centres for public libraries
make available to children collections of books that are specifically designed
for them. Most libraries
also organize various types of cultural activities for
their juvenile clientele.
SPECIAL MEASURES OF PROTECTION FOR THE CHILD
(Articles 22,
38, 39, 40, 37(b), (c) and (d), 32-36)
A. Children in emergency situations
Refugee children (Article 22)
- The
government services legislation in force in Québec distinguishes between
refugees, who have been granted that status in
Canada by the federal
authorities, and persons claiming refugee status. For example, children who
have been recognized as refugees
may attend a reception class to facilitate
their integration into Francophone society and are exempt from higher tuition
fees at
all levels of instruction. They have access to medical, hospitalization
and drug insurance. Their parents, being also recognized
as refugees, may
benefit from assistance programs of last resort under the terms of the Act
respecting Income Security, may participate in certain employability
development measures and may obtain legal aid. They may also receive family
allowances,
the housing allowance, and day-care services for a reduced
contribution. Once their children have been granted permanent residence
in
Canada, they have access to all government services under the same conditions as
any Canadian citizen residing in Québec.
- Children
claiming refugee status are exempt from tuition fees at the pre-school, primary
and secondary levels. However they must
pay the tuition fees required of
foreign students when they attend college and university. The financial
assistance program for
college and university studies is reserved for permanent
residents. If their parents are also claimants, they may receive specific
income security and housing allowance benefits, as well as legal aid. In view
of their ineligibility for family allowances, a family
budget supplement may be
paid in certain circumstances to families with four or more
children.
B. Children in trouble with the law
1. Administration of justice for minors (Article 40)
- Having
acquired solid experience in youth protection services, Québec has
decided to assign all psychosocial aspects of the
treatment of offences
committed by adolescents to the Youth Resources Network. As a result, the
Director of Youth Protection has
also been designated provincial director for
purposes of the Young Offenders Act, and his assessment and
treatment resources may be utilized for young offenders. Similarly, spaces in
rehabilitation centres that
offer sufficient physical and dynamic supervision to
satisfy the detention or custody warrants ordered by the court will also receive
young offenders as well as young people who require protection.
- Where
the caseload for Crown attorneys and police forces permits, there are
specialized teams that work with youth. One must also
note the creation, in
virtually every region of Québec, of collaborative forums centering on
the provincial director of youth
protection, which bring together players in the
judicial, medical, community and education systems to ensure that their
respective
interventions with the youth clientele are complementary and
consistent.
- As
outlined in the previous report, the Young Offenders Act recognizes the
specific needs of adolescents with respect to counselling and re-education, as
well as the need for these young people
to take responsibility for their
wrongdoings. On December 1, 1995 certain amendments were made to the statement
of principle in
the Young Offenders Act. First, it was made to recognize
the need to develop a multi-disciplinary frame of action to permit
identification of and intervention
with children likely to commit crimes.
Second, it now clearly states that the protection of society is better served by
the social
reintegration of the young offender whenever this is possible.
Québec is successfully pursuing implementation of its alternative
measures and diversion program in compliance with the newly established
principles.
- If
the judicial solution is deemed more appropriate, the young offender continues
to benefit from the legal rights and guarantees
set forth in section 40 of the
Convention by virtue of the Code of Penal Procedure of
Québec (R.S.Q., c. C-25.1) and the Québec Charter, and on the
federal side, the Canadian Charter of Rights and Freedoms and the
Young Offenders Act. The young offender will be brought before a
specialized tribunal dealing exclusively with matters involving children: the
Youth Division
of the Court of Québec.
- The
Commission des droits de la personne et des droits de la jeunesse [Human rights
and youth rights commission] has intervened with
academic institutions to remind
them of their
obligations with respect to police intervention in a
school environment. More generally, it has collaborated with three other
organizations,
the Conseil permanent de la jeunesse [Permanent council on
youth], the Civil Liberties Union and the Regroupement des maisons de
jeunes du
Québec [Quebec association of youth centres], in preparing a guide that
informs young people in custody or under
arrest about their rights.
2. Treatment of children deprived of liberty, including
children subject
to any form of detention, imprisonment or
placement in a
supervised establishment (Article 37 (b), (c) and
(d))
- As
a result of the concern not to subject young people to conditions harsher than
those warranted by their status, various units of
institutions that operate a
rehabilitation centre have been designated as to the level of control and
supervision they exercise over
their young residents. This concern is evident
in the Youth Protection Act but also the Young Offenders Act,
which states in section 3(1)(f) that restrictive measures must pose
the least possible interference with the freedom of young persons that is
consistent with the
protection of society. The Commission des droits de la
personne et des droits de la jeunesse [Human rights and youth rights commission]
rigorously monitors respect for the rights of children that are recognized by
these provisions.
- In
Québec, the Youth Protection Act grants adolescents deprived of
liberty under a detention order rights over and above those prescribed by
federal law. These are
the rights to receive health, social and education
services. Young persons also have the right to communicate in full
confidentiality
with their advocate, the director of youth protection handling
their case, their parents, brothers and sisters, and any other person,
provided
the tribunal does not decide otherwise. Any disciplinary action taken by the
board of the house of detention will be explained
to them, and they may apply to
the Commission regarding any non-observance of their recognized
rights.
- Furthermore,
any adolescent involved in a criminal offence has the right to retain the
services of an advocate free of charge. Generally,
counsel representing children
have developed special expertise in the administration of justice for young
people. The adolescent
may choose either a full-time advocate from the local
legal aid office or an advocate in private practice.
- Like
any other sentencing measure, the detention may be reviewed by a court of appeal
via notice filed within 30 days of the decision
being challenged.
- After
an investigation which opened in 1996, the Commission sought the closure of a
rehabilitation centre unit on account of its poor
conditions of accommodation
for youth aged 12 to 17. Following the Commission’s opinion
recommending its closure within 60
days, the institution closed its doors within
the time-frame stipulated.
4. Physical and psychological recovery and social
reintegration (Article 39)
- The
comments made earlier with regard to the rehabilitation required by children
whose security or development is compromised generally
apply to rehabilitation
for children involved with the justice system. Youth whose case falls under the
Young Offenders Act in fact benefit from the majority of the rights that
the Youth Protection Act recognizes for children in a compromising
situation. Consequently, the various rehabilitation-related interventions of
the Commission
des droits de la personne et des droits de la jeunesse [Human
rights and youth rights commission] usually concern both categories
of young
people.
C. Children in a situation of exploitation, including their
physical
and psychological recovery and social reintegration
2. Use of narcotics (Article 33)
- The
Act respecting Offences relating to Alcoholic Beverages prohibits a minor
from purchasing alcoholic beverages for himself or anyone else, and from being
in an establishment where alcoholic
beverages are consumed, such as a tavern,
pub or bar. The corollary to this is that a merchant who sells or serves
alcoholic beverages
to a minor or permits a minor to be present in his
establishment is in contravention of the Act and liable to criminal prosecution
and suspension of his liquor licence.
- The
Québec school system has organized prevention programs in the schools.
These programs are intended to make children and
adolescents aware of the
dangers of drug use, the damage it does to health, and the legal consequences of
possession and trafficking
of prohibited substances.
- In
co-operation with teachers, parents’ committees, school authorities and
police forces, investigations are regularly conducted
in schools in order to
combat narcotics trafficking. These operations take care to respect the rights
of the adolescents who may
be implicated in unlawful activity. The results of
these investigations generally make it possible to effectively counter the
establishment
of drug-dealing networks in these schools.
3. Sexual exploitation and sexual abuse (Article 34)
- Sexual
exploitation and sexual abuse of children are crimes defined in the Criminal
Code. Police investigators of sex crimes form a specialized team and
receive special training in this area, notably in collecting testimony
from
child victims. The Attorney General’s representatives assigned to sex
crime cases involving children receive advice and
assistance from a provincial
committee set up in 1995. This committee co-ordinates prosecution activities in
this matter and sees
to the training of the representatives, the updating of
knowledge in the fields of expertise concerned, development of a guide to
legal
proceedings, and follow-up and updating of protocols.
- In
1995, 5 government ministers released the report of the task force on sexual
assault and the content of an interdepartmental action
plan in which each
undertook to implement various measures to combat sexual assault.
- One
of the commitments made by the minister responsible for the status of women was
to develop an awareness and prevention tool, designed
particularly for boys, to
combat the learning of violent behaviour. The Secrétariat à la
condition féminine
[Secretariat on the status of women] then collaborated
with the Secretariat for Family Affairs, the Secrétariat à la
jeunesse [Secretariat for youth] and the Regroupement des maisons de jeunes du
Québec [Quebec association of youth centres]
to produce a poster and
sticker depicting a young couple with the caption “D’égale,
l’amour, c’est
génial!” [Love between equals:
it’s great!]. These promotional tools have been distributed in all youth
centres
in the Regroupement des maisons de jeunes du Québec [Quebec
association of youth centres]. In addition, numerous sexual assault
prevention
programs for adolescents have been offered in schools, with the object of making
teenage boys more aware of the nature,
risk factors and consequences of such
behaviour. Also offered has been information on suggested preventive measures
and the resources
available to victims of sexual assault.
- The
Ministère de l’Éducation [Department of Education] has
developed and made available to teaching staff a program
on preventing dating
violence. Called “VIRAJ,” it is addressed to youth in Secondary III
and IV, and aims to promote
attitudes and behaviours that prevent recourse to
violence.
- The
situation of sexual abuse of children is central to the concerns of the various
social workers. In order to bring together in
the same forum the many
stakeholders from different fields of expertise, numerous protocols have been
ratified. The intersectoral
protocol in situations of institutional sexual
abuse, finalized in October 1989, concerns allegations of sexual abuse in an
institutional
context. Intervention in schools will take place in accordance
with the agreement on intersectoral intervention in response to allegations
of
sexual abuse in schools, which was established in 1992.
- Finally,
the Commission des droits de la personne et des droits de la jeunesse [Human
rights and youth rights commission] has launched
a study on the prevention of
sexual offences against children, in which it evaluates, among other things, one
means of prevention
that has been used by certain citizens: the use of posters
to disclose the identity of pedophiles released after serving their sentence.
D. Children belonging to a minority or indigenous group
(Article 30)
- It
must first be mentioned that since 1994 the Youth Protection Act has
stipulated that the characteristics of cultural communities and Aboriginal
communities must be taken into account in deciding
on sentencing measures. This
means that when it is considered necessary to place an Aboriginal child in a
foster home, placement
in an Aboriginal family is given
preference.
- To
promote their cultural development, the Government of Québec continues to
provide financial support to Aboriginal cultural
institutions, such as the
Avatac Cultural Institute for the Inuit and the Montagnais Cultural and
Educational Institute, as well
as to Aboriginal media.
- Finally,
the Charter of the French Language (R.S.Q., c. C-11) recognizes the right
of the Aboriginal populations to maintain and develop their original languages
and cultures.
NEW BRUNSWICK
General
Department of Health and Community Services, Office for
Childhood Services
- From
1989 to 1991, an Office for Childhood Services was established and given the
mandate to coordinate policy development and program
planning for childhood
services across all relevant government departments. The Office was also
Secretariat to a Minister of State
for Childhood Services whose role was to
advocate on behalf of children and ensure inter-ministerial coordination of
children’s
services.
- A
policy framework document on children services was published, “Playing for
Keeps: Improving Our Children's Quality of Life.”
The role of the
Minister of State was later assumed by the Minister responsible for Health and
Community Services. In 1994, a Minister
of State for the Family and a Family
Policy Secretariat was established for a one-year time period to look at issues
affecting families
in New Brunswick. The Family Policy Secretariat published a
policy framework document, “Foundations for the Future: A Proposed
Framework for Family Policy in New Brunswick”, which made recommendations
with respect to family-related issues.
Youth Council of New Brunswick
- Appointed
in 1987, the Youth Council of New Brunswick (YCNB) is an advisory body to
government and the public on issues of concern
to youth. The Council is a
non-partisan organization composed of 15 New Brunswickers between the ages of 15
to 24, representing
all regions of the province, both official language groups
as well as social, cultural and visible minorities. The Youth Council
represents the perspectives of youth but does not provide direct programs and
services to young people. It acts as a liaison agency
between young people and
service providers.
Article 2: Non-Discrimination
Department of Health and Community Services
- According
to the Family Services Act (Regulation 81-132), a child means a
person actually or apparently under the age of 16 and includes a disabled person
actually or apparently under
the age of 19.
- The
Medical Consent of Minors Act provides that minors who have attained the
age of 16 possess full powers of consent and that minors below the age of
16 may be legally
capable of consenting to medical treatment if, in the opinion
of 2 qualified medical practitioners, the minor is capable of understanding
the
nature and consequences of medical treatment and if the medical treatment is in
the best interests of the minor. Consent of
a minor or his/her parents or
guardian
may be dispensed with in emergency situations if the minor is incapable of
understanding the nature of the treatment or of communicating
consent or if the
parent/guardian is unavailable.
- Tobacco
Sales Act: The legal sale of tobacco is restricted to persons 19
years of age and older.
- Marriage
Act: The minimum legal age for marriage without consent of a parent
or judge is 18 years. Children who have attained 16 years of age may
marry
with the consent of parents. A child under 16 years of age who has a dependent
may marry without the consent of a parent or
judge.
Department of Solicitor General
- Legislative
schemes enforced by or affecting the operations of the Department of the
SolicitorGeneral comply with or exceed the level
of protection afforded by the
Convention.
- Age of Criminal
Responsibility: Age stipulations governing the quasi-criminal liability of
children are contained in the Provincial Offences Procedure for Young
Offenders Act which establishes the age of quasi-criminal liability pursuant
to provincial law.
- Deprivation of
Liberty: The Custody and Detention of Young Persons Act, which governs
the custodial detention of young persons convicted of criminal and quasicriminal
offences in conjunction with the
federal Young Offenders Act, adopts the
minimum and maximum age guidelines contained in the federal
Act.
- Consent to
Medical Treatment: Although regulation of medical services is mainly under the
administrative authority of the Ministry
of Health and Community Services, New
Brunswick’s Regulation 92-71, enacted pursuant to the Custody
and Detention of Young Persons Act, requires that supervisors of secure
youth custodial facilities arrange for the young persons to undergo such
medical, psychiatric,
psychological and dental examinations and treatment as
appear necessary. Rules governing the age of consent to medical treatment
are
thus a concern to the Department. The Medical Consent of Minors Act
provides that minors who have attained the age of 16 possess full powers of
consent and that minors below the age of 16 may be legally
capable of consenting
to medical treatment if, in the opinion of 2 qualified medical practitioners,
the minor is capable of understanding
the nature and consequences of medical
treatment and if the medical treatment is in the best interests of the minor.
Consent of
a minor or his/her parents or guardian may be dispensed with in
emergency situations if the minor is incapable of understanding the
nature of
the treatment or of communicating consent or if the parent/guardian is
unavailable. However, section 12 of the Custody and Detention of Young
Persons Act provides that the consent provisions of the Medical Consent
of Minors Act may be superseded if a person
below the age of 16 who is detained in a youth custodial facility requires
medical treatment and the consent of the parent or guardian
is required by law
and is refused or unobtainable. In such circumstances, the SolicitorGeneral may
consent to medical treatment.
- Access to
Independent Legal Counsel: The Provincial Offences Procedure for Young
Persons Act confirms the right of children between the ages of 12 and 18 to
retain and instruct counsel without delay and to exercise that right
personally
at any stage of the proceedings against that person, and prior to and during any
consideration of whether, instead of
commencing or continuing judicial
proceedings against the young person, to use alternative measures to deal with
the young person.
The young person is entitled to access existing legal aid
programs. If no legal aid program is available or if the young person
is unable
to obtain counsel through a legal aid program, the youth court is empowered to
direct the Attorney General of the Province
to appoint counsel. Each young
person is entitled to representation by independent counsel in any case where it
appears to a youth
court judge or a justice that the interests of the young
person and his parents are in conflict or that it would be in the best interests
of the young person to be represented by his own counsel, the judge or justice
shall ensure that the young person is represented
by counsel independent of his
parents. (Young Offenders Act; Provincial Offences Procedure for Young
Persons Act).
- International
Child Abduction Act: The provincial enactment incorporating the provision of
the Convention on International Child Abduction stipulates that the
treaty and Act are applicable to children from birth to 16
years.
- Consumption of
Controlled Substances: Alcoholic beverages may not be sold, given, served, or
otherwise supplied to anyone under the
age of 19 years or appearing to be under
that age, according to the Liquor Control Act.
- In
addition to the foregoing, the Solicitor General made the following response to
the comments made by the Youth Council of New Brunswick
[see below]. This
response, which relates to the protection of young persons between the ages of
16 to 18, is as follows:
“While I note that the comments from the Youth Council do not directly
impact the Department of the Solicitor General, I nevertheless
wish to echo
their comments with respect to Article 2 - Non Discrimination concerning
protection for young persons 16 to 18 years
of age who are not living with
their parent or legal guardian and who are not otherwise in the care of the
Province. These young
persons are particularly vulnerable to sliding into
criminal activity and as a result may become involved with this Department,
either
through the police, local communitybased corrections councils, probation
officers or even the New Brunswick Youth Centre in Miramichi.”
Department of Education
- The
Department of Education’s 1989 Ministerial statement entitled
“Multicultural/ Human Rights Education” outlining
the
Department’s requirements for non-discriminatory, stereotype-free
practices and curricula continues to be relevant. In
1996, the Department
introduced a policy for the protection of pupils from abuse and discrimination
by adults in the school system.
This policy defines abusive behaviour as having
one or more of the following components:
- it is counter to
the position of trust conferred upon adults in the school
system;
- it is a breach
of section 31(1) of the New Brunswick Family Services
Act;
- it is a
Criminal Code of Canada offence involving children; and
- it is a form of
discrimination under the Human Rights Act.
- The
Department is about to release a policy which sets standards for appropriate
conduct for all in the school environment. It prohibits
the following
behaviours, among others, and requires intervention whenever any of these
occur:
- harassment,
intimidation and violence;
- discrimination
based on gender, race, colour, national or ethnic origin, religion, culture,
language group, sexual orientation, disability,
age or grade level;
and
- dissemination of
hate propaganda including hate literature.
- The
Department of Education attempts to promote a non-discriminatory culture by
sensitizing students in the school system as well
as educational personnel to
various issues related to discrimination. Recently, the Department has begun to
offer professional development
regarding discrimination based on sexual
orientation. The Department continues to review curriculum materials to ensure
that they
are free of bias and stereotypes.
Youth Council of New Brunswick
- The
Family Services Act provides for the protection of children whose parents
cannot adequately ensure care for and control of their children. According
to
the Family Services Act (Regulation 81 -132), a child means a
person actually or apparently under the age of 16 and includes a disabled person
actually or apparently under the
age of 19. The situation of young people 1618
who are not living with their parent or legal guardian and who are not in the
care
of the Province continues to require the attention of the government.
Young people who have left home because of difficult family
situations such as
alcohol and drug problems, or sexual or physical abuse often find themselves
with no place to go. Those young
people, 16-18 years of age, and not under the
care of the Minister of Health and Community services prior to their
16th birthday
are not guaranteed services under the Family Service
Act, although a young person taken into care prior to their 16th
birthday would be given protection under the Act. This is an issue that needs
to be addressed particularly in light of the changes
in the Education Act
which says that a youth must continue their education until eighteen years of
age or high school graduation.
- Under
the Youth Policy of Human Resources Development NB, if an independent youth
youth passes the necessary screening, there is a
monthly amount of $300 given
provided the youth participates in education, training rehabilitation or
volunteer programs. If they
do not participate, the amount is reduced to $50.
These amounts are clearly inadequate for an independent youth to survive and
carry
on with their education. The unfortunate result of this situation is that
these young people are often left to their own resources
and fall through the
cracks in the system. Desperate circumstances can lead to dangerous forms of
exploitation such as prostitution.
The Council believes that it is incumbent on
the Government of New Brunswick to articulate, in either new or amended social
policy
legislation, the legal responsibility of
the state to youth whose
parents or guardians are incapable or fail to carry out their parental
role.
Department of Human Resources Development and Housing
(HRDH)
Human Resources Development
- HRDH’s
Youth Policy affirms the New Brunswick government’s commitment to ensure
that youth remain in school whenever possible,
recognizing that education and
training are the keys to breaking the cycle of poverty. The Youth Policy is
intended to support and
encourage youth in obtaining their high school diploma
and/or in acquiring additional education or training by providing additional
financial benefits for those participating in those activities and by reducing
the financial benefits for those refusing to do so.
The $300 per month these
youth receive while participating is more financial assistance than that
received by adults in similar
circumstances. The Department is cognizant that
these youth face significant barriers when pursuing their education; they are
afforded
considerable latitude as to what defines participating, and very few
youth receive the non-participating $50 per month rate.
- The
issue of legal responsibility for youth aged 16-18 years remains a concern of
HRDH. At present, the Department has assumed this
responsibility by default
through the provision of financial assistance. However, HRDH does not have the
legal capacity nor expertise
to expand its role beyond its current mandate of
financial and employment support for youth to that of in loco
parentis.
Article 3: Best Interests of the Child
Department of Health and Community Services
- The
Department of Health and Community Services is currently reviewing the child
welfare system. In 1995, the Department included
universal Hepatitis B
immunization for all newborns and grade 4 students. In 1998, the province
substituted acellular pertussis
vaccine for whole cell vaccine in the universal
immunization schedule for children. This vaccine has fewer side effects than
the
whole cell component and will increase utilization and protection against
this disease.
Department of Solicitor General
- The
best interests of the child is a primary factor to be considered when
determining the following matters: eligibility of the child
for alternative
measures; placement prior to disposition; transfer to adult court; attendance of
parents at court proceedings; representation
by independent counsel; detention
pending trial; disposition by youth court; placement on conviction by adult
court; periodic review
of the disposition; transfer from secure to open custody;
and protection of privacy of children, including non-disclosure of criminal
records.
- The
Custody and Detention of Young Persons Act which governs conditions of
confinement of young persons is premised upon the best interests of the child.
Both the legislative
and administrative policy of the Department is to resort to
custody only as a last resort. Noncustodial sanctions, including probation
and
community service orders, are the preferred option as sanctions in the best
interests of the child.
- In
addition, in 1996 the Department established the Intensive Support Program,
first to identify youth-at-risk who are on a path of
behavior that will likely
result in a custodial sentence as a young offender, and to provide intensive
support to that young person
as a preventative measure to redirect the youth off
that otherwise inevitable course to a constructive path.
- In
its administrative policies on treatment of youthful offenders, the Department
has ensured that all children in provincial custodial
facilities enjoy access
to: adequate dental and medical care (including psychiatric counseling); the
full range of educational and
vocational training; psychological services;
recreation; rehabilitative programming; adequate diet; adequate housing; and
adequate
clothing. According to both the Custody and Detention of Young
Persons Act and its companion regulation, young persons in custodial
facilities are entitled to periodic review of the conditions of custody
and have
unrestricted access to internal grievance procedures, youth advocates and the
provincial Ombudsman, in order to resolve
complaints concerning treatment under
operation policy. Young persons enjoy those rights which are extended to young
offenders,
including the right to maintain contact with the outside world
(through correspondence and visits) and the right to practice one’s
religion subject, only to the countervailing institutional interest in safety
and order.
- The
proposed Youth Advocate function will also be a resource both to respond to and
help resolve grievances from youth in provincial
custodial
facilities.
Article 4: General Measures of Implementation
Department Human Resources Development and
Housing
Housing
- At
the federal level social housing programs were canceled in 1997. New Brunswick
is one of few provinces that has, on its own, maintained
contributions to new
affordable housing. As well, plans for a renewal of New Brunswick’s
social policies are underway. Through
numerous consultation round-tables with
the public, New Brunswickers from all walks of life are
being asked to become involved in defining the short-term and long-term
social framework of the province. It is expected that a new
social policy
framework will emerge later this year, which will see a more coordinated and
integrated delivery of social programs.
Human Resources Development
- New
Brunswick is also concerned about child poverty. To that end, the Province has
introduced a number of initiatives to combat such
poverty. Specifically, in
April of 1997, the Province introduced the New Brunswick Child Tax Benefit and
Working Income Supplement.
The New Brunswick Child Tax Benefit is a
tax-free payment of up to $250 per eligible child per year provided to
qualifying families
with children under the age of 18 living at home. The
benefit is reduced if the family’s net income is more than $20,000 per
year. For children on social assistance, this translates into approximately $21
extra per month per child on their federal child
tax benefit
cheque.
- The
New Brunswick Working Income Supplement is an additional benefit of up
to $250 per family provided to qualifying families with
earned income
and children under age 18. To qualify for the working income supplement,
the family must have earned income of at
least $3,750 and less than $25,921.
Earned income includes income from employment, selfemployment, training
allowances, scholarships,
research grants, and the disability payments received
under the Canada Pension Plan or Quebec Pension Plan. Many social assistance
clients receive this benefit, since it is based on earned income in the previous
year.
- The
Department also provides an income supplement benefit for families on social
assistance whose housing costs total more than 30
percent of their monthly
income. These families are eligible for an additional $60 per month from May to
October and $90 per month
from November to April. Over 7,000 families on social
assistance benefit from this program every year.
- While
not specifically during the period of the Concluding Observations of the
Committee, it should be noted that during the first
phase of the National Child
Benefit (introduced by the federal government in July of 1998), New Brunswick
decided to allow the full
amount of the National Child Benefit increase to pass
through to families on social assistance. For most families on social
assistance,
this pass-through is the equivalent of an additional $84 per
month beyond what the family already receives through the Canada Child
Tax
Credit.
- While
the Province of New Brunswick does not view children being brought up in single
parent families as necessarily “problematic
environments”, it does
recognize that single parent families often face significant economic
difficulties. To that end, the
Province has introduced a number of initiatives
that support that parents. In particular, the Day-Care Assistance Program, with
an annual budget of over $4 million, provides subsidies to assist in the costs
of child care expenses for many low-income families.
In 1998-99, an average of
1600 children per year benefitted from this program. As part of its commitment
to the National Child
Benefit initiative, New Brunswick invested $2.1 M to
enhance child care subsidies in 1998/99. Child Care subsidy rates were
increased
by $1.50 per day, increasing the rates to a maximum of $18.50 per day
for infants under 2 years of age and $16.50 per day for children
over the age of
two. An additional 400 subsidized day-care spaces were added. In addition, the
Province initiated the Alternative
Child Care Program, which provides child care
subsidies for low income working families who are not able to access child care
through
the formal licensed child care system for various
reasons.
- It
is worth noting that the Government of New Brunswick has recognized that the
issues of poverty cannot be solved with short-sighted,
quick fix initiatives,
but rather, must be addressed over the long-term, to ensure that people have the
skills and opportunities
to participate fully in the social and economic life of
the province. A number of programs, such as NB Works and the Self-Sufficiency
Programs, are training and education programs targeted primarily at single
parents to assist them with their re-entry into the workforce.
- Since
1987, New Brunswick has introduced improvements to the public education system,
including the introduction of Kindergarten and
increased parental involvement,
established the Early Childhood Initiatives program for at-risk children, and
introduced literacy,
family violence, teen pregnancy, community development,
stay-in-school, youth employment, and social housing initiatives. In addition,
thousands of New Brunswickers have been provided opportunities to upgrade their
academic qualifications, and to participate in training
and employment
programs.
Department of Justice
- The
Department of Justice plays an active role in federal/provincial/territorial
committees and working groups, such as the Family
Law Committee. Our goal is to
attain more uniformity and coordination across Canada in relation to
children’s issues.
Aboriginal Affairs
- An
extensive system to collect data on all areas of the Convention and how it
relates to children in the province of New Brunswick
is simply beyond the
resource capabilities of the department responsible for Aboriginal Affairs and
would, in any case, be more appropriately
conducted by an agency intimately
involved in these matters such as the Department of Health and Community
Services or perhaps the
Human Rights Commission itself.
- The
Province is working in cooperation with aboriginal communities and the federal
government in several areas that affect children.
This cooperation has resulted
in a number of important agreements and initiatives, including a Child and
Family Services agreement,
education tuition agreements, and the establishment
of the Joint Economic Development Initiative (JEDI).
Youth Council of New Brunswick
- The
general observation that the Council would like to make regarding the on-going
implementation of the Convention on the Rights of the Child is that young
people, themselves, should be consulted and their opinions valued. Young people
feel the need to be involved in the
matters that concern them. In 1996, 72
percent of young people surveyed by the Council stated
that they did not feel they were consulted when decisions or rules were made
that affected them. One on-going recommendation of the
Council is that young
people be appointed to decisionmaking bodies, such as boards, committees,
councils that deal in educational
reform, employment strategies, and social and
recreational programs.
- Further,
to the above recommendation is the general need to improve the efforts in
New Brunswick to disseminate information to youth
on human rights and legal
rights and responsibilities. The Youth Council surveyed young people in 1992
and again in 1996. One point
that was made consistently in both surveys was the
fact that young people do not feel aware of their rights and responsibilities
as
citizens of Canada. In 1996, 71 percent stated that New Brunswick youth do not
know their rights - for example, the Young Offenders Act,
and the
Charter of Rights and Freedoms - and the consequences to their actions.
The
Council recommends that there be more focus on human rights and legal
rights and responsibilities provided through the public school
curriculum.
Complementary to these
studies would be a general appreciation of
responsible citizenship both nationally and internationally.
Department of Education
- The
Department of Education has implemented legislation, policy, curriculum,
practices and services which address and promote Convention
principles related
to: child protection, survival and development, freedom of expression,
discrimination, education, etc. Many of
these are described below in relation
to other articles.
Article 5: Parental Guidance
Department of Health and Community Services
- The
Family Services Act refers to the family as the basic unit of
society. It is accepted that parents have responsibility for the care and
supervision
of their children and that children should only be removed from
parental supervision either partly or entirely when all other measures
are
inappropriate. Child Protection Standards address the issue of community
standards by which a family is measured or assessed.
Department of Solicitor General
- The
right of parental guidance is explicitly confirmed in the preamble to the
Provincial Offences Procedure for Young Persons Act. The Department is
also party to a variety of interdepartmental protocols and initiatives
concerning victim services, family violence
and child protection which are
designated to offer support to families in crisis.
- The
policies of correctional institutions encourage the maintenance of family ties
through visitation and correspondence.
Article 6: Survival and Development
Department of Health and Community Services
- The
Early Childhood Initiatives is a province-wide, integrated service delivery
system for prevention-focused childhood services,
targeting
“priority” preschool children and their families.
“Priority” preschool children include children
from the prenatal
stage to 5 years whose development is at risk due to physical, intellectual or
environmental factors. The overall
goal of ECI is to enhance the development of
children before they enter the school system, and thereby contribute to their
school
achievement.
- Strategies
include public health services and social services whose goals are: to increase
healthy pregnancy outcomes of pregnant
women at risk, to foster healthy growth
and improve developmental outcomes for children at risk, and reduce the
incidence of child
abuse and neglect.
Department of Solicitor General
- The
administrative policies of the Department with respect to treatment of youthful
offenders are designed to foster rehabilitation
and reintegration of the child
and to that extent foster survival and development.
Youth Council of New Brunswick
- Students
express the need for more accessible and confidential counselling services.
Uncertainty about the future, great pressure
to define their career goals, the
struggle to develop individuality in the face of peer pressure to conform, and
problems arising
from strained family relationships often lead to emotional
problems such as alcohol and drug abuse, and a loss of selfesteem, depression
and suicide. In Canada, suicide is the second leading cause of death in the
adolescent populations, motor vehicle accidents being
the first. Canadian
adolescent males between the ages of 15 and 19 have the highest completed
suicide rate in the industrialized
world. A 1996 survey of young people in New
Brunswick by the Youth Council indicated that students would like to see more
information
about the prevention of suicide offered in the
curriculum.
- The
Council has recommended in the past, and continues to support the need to review
the current counselling services provided in
the school system. It also
believes that more life skills training should be made available within the high
school curriculum.
The Council also endorses the establishment of more peer
counselling services in New Brunswick high schools so that youth are empowered
to help and support one another to overcome their problems.
Department of Education
- The
Department of Education currently offers summer programs and camp opportunities
for students who are at-risk to learn ways to
cope both academically and
socially in the school
environment. Students who participate in the summer programs are monitored
throughout the school year. The use of peer helping programs
has also been
promoted and many schools make active use of these.
- Services
which provide assistance to pupils, teachers and parents to improve the
functioning of pupils in the school environment are
provided through an
agreement between the Department of Education and the Department of Health and
Community Services. This agreement
pertains to the services of psychologists,
social workers, speech and language pathologists, occupational therapists,
physiotherapists,
and nurses and is currently being revised to improve service.
The functioning of existing Crisis Events Response teams in each school
district
is also being reviewed.
- The
Personal Development curriculum direction in both the Anglophone and francophone
sectors is focusing on the infusion of life and
social skills across subjects
throughout school life. This approach to child development promotes self-esteem
and coping skills,
assisting pupils to survive and thrive.
Articles 7 and 8: Civil Rights and Freedoms
Department of Solicitor General
- These
articles are of potential relevance to the management of provincial young
offender custodial facilities. Departmental policies
seek to protect the rights
of the child in this context, subject only to those reasonable limits which are
justifiable in the interest
of institutional order and security. In this
context, the legislative statements and internal administrative directives
employed
by the Department to regulate the conditions of confinement of youthful
offenders comply with the relevant provisions of the Charter of Rights and
Freedoms governing rights to expression, communication and privacy. By
inference, such rights are ensured by the operation of Regulation 92-71
enacted pursuant to the Custody and Detention of Young Persons Act, which
authorizes supervisors of youth custodial facilities to establish social and
entertainment programs, religious, services,
visiting programs, and such other
programs that the supervisor considers desirable, advisable or necessary and
that are consistent
with section 2 of the Act, and fulfill the special
rehabilitative needs of young persons.
- Limited
privacy rights for youthful offenders are given effect by the Regulation, which
governs the powers of search and seizure that
may be exercised by correctional
and health care personnel. In general terms, the Regulation requires all
searches (other than those
upon admission or transfer) to be justified by proof
of probable cause and prohibits cross-gender searches except those conducted
by
health care professionals or those conducted in emergency searches which are
directed towards the detection of dangerous or harmful
contraband.
Article 9: Separation from Parents
Department of Solicitor General
- The
Provincial Offences Procedure for Young Persons Act provides for a role for
parents in criminal and quasi-criminal proceedings involving children; parents
must be notified upon arrest
and involved in adjudication and in the
determination of disposition based upon psychological assessment and
pre-disposition reports.
The extent of parental involvement is reflected in the
legislative provisions. The Department encourages the maintenance of contact
between sentenced children and parents through visits and involvement of parents
in the fulfillment of non-custodial sanctions, where
appropriate and in the best
interests of the child.
- Parents
of youth in secure custody currently are advised of any incidents involving
their child that occur in the secure custody institution,
e.g. a fight.
Furthermore, youth are encouraged to use a call-collect phone service to contact
their parents whenever they feel
the need to do so. In addition, the New
Brunswick Youth Center at Miramichi has two suites for visitors. The Department
ensures
that not only are the parents aware of the existence of this free
service but that they are encouraged to come to the institution
for a 2 or 3 day
visit in the suite with their child.
Article 10: Family Reunification
Department of Health and Community Services
- The
Family Services Act addresses the issue of reunification; long-term plans
for children are always a priority and consideration is given to keeping
children
with their family or extended families, if at all
possible.
Article 11: Illicit Transfer and Non-Return
Department of Solicitor General
- The
Department is currently working in co-operation with other concerned Ministries,
such as the Department of Justice, in continuing
to develop protocols on child
abduction.
Article 12: Views of the Child
Department of Solicitor General
- The
Provincial Offences Procedure for Young Persons Act recognizes the right
of the young person to express his/her views with respect and to be represented
by counsel during the various
stages of the criminal process. Subsequent to
disposition, the young offender held in secure custodial facilities is entitled
to
express his/her views during any internal-decision making procedure which
adversely affects his/her interests, as a component of
basic doctrines of
natural justice. This right is based upon section 2 (b) of the
Custody and Detention of Young Persons Act, which provides that young
persons have rights and freedoms in their own right, including those stated in
the Canadian Charter of Rights and Freedoms and in particular a right to
be heard in the course of, and to participate in, the processes that lead to
decisions that affect them,
and young persons should have special guarantees of
their rights and freedoms.
- The
scope of participation of youthful offenders in the internal administrative
processes that adversely affect guaranteed liberty and security interests
is defined in New Brunswick Regulation 92-71, enacted pursuant to the
Custody and Detention of Young Persons Act. According to the
Regulation, young persons are granted the right to participate in the
following circumstances: disciplinary proceedings; application for release
from
secure custody; internal appeals and the grievance process.
Department of Justice
- Section
6(4) of the Family Services Act provides:
“In any matter or proceeding under this Act affecting a child, whether
before a court or any person having authority to make
a decision that affects a
child, the child has the right to be heard either on his own behalf or through
his parent or another responsible
spokesman.”
Youth Council of New Brunswick
- Please
see response under Article 4.
Department of Education
- New
Brunswick has made formal provision under its Education Act for pupil
involvement in an advisory capacity regarding educational matters. Within the
new governance structure of the public education
system, each school has a
School Parent Advisory Committee whose function it is to advise the principal of
the school respecting
the establishment, implementation and monitoring of the
school improvement plan. In schools where a high school program is provided,
a
pupil, elected by the pupils of the school, serves on the school parent advisory
committee.
- Provincial
policies which have direct impact on pupils, parents or communities are sent to
the School Parent Advisory Committees for
input. As indicated above, this
provides an opportunity for (high school) pupils to voice their views through
the pupil representative
on the committee.
- Students
also influence decisions regarding instruction, curricula and pilot,
experimental and supplementary courses via representation
on the Provincial
Curriculum Advisory Committees (PCAC), which recommend policy with respect to
these matters. Currently, students
are represented on this committee through a
member of the Youth Council of New Brunswick. Also, the Education
Act provides for individuals and groups, including students and student
bodies, to submit recommendations to the PCAC.
- Other
approaches to obtaining input from pupils include:
- provincial
forums to which students, student organization representatives and other
groups are invited to participate. Two examples are the forum
which was held to
examine restructuring of the province’s high school program and another,
held in November 1999, explored
several issues grouped under the headings of:
focus on the learner; educational transitions; and
literacy/numeracy;
- student or
student association participation on advisory committees/task forces.
For example, the province recently amended its legislation concerning the school
leaving age. The Youth Council of New Brunswick
was invited to make
recommendations to this group.
Articles 13, 14, 15, 16 and 17: Civil rights and Freedoms;
Freedom of
Thought, Conscience and Religion; Freedom of Association
and Peaceful
Assembly; Protection of Privacy and Access to Appropriate
Information
Department of Solicitor General
- Please
see response under Articles 7 and 8.
Article 18: Parental Responsibilities
Department of Health and Community Services
- The
1992 policy framework document, “Playing for Keeps: Improving Our
Children’s Quality of Life”, identified values,
beliefs and
principles used by this government in relation to the roles of government
and parents with respect to children. The
1994 policy framework document,
“Foundations for the Future: A Proposed Framework for Family Policy in
New Brunswick”
recognized and encouraged the responsibility of the
family for the safety, wellbeing, growth and development of children. Both
these
documents are consistent with the principles articulated in the UN
Convention on the Rights of the Child.
Article 19: Abuse and Neglect
Aboriginal Affairs
- Because
the Federal Government has the lead responsibility for Aboriginal communities,
the need for research on infant mortality and
suicide in Aboriginal communities
should be assessed by the Federal Government as well as by the aboriginal
communities themselves.
The Province is prepared to play a supporting role in
relation to such research, whenever appropriate.
Department of Solicitor General
- The
Department is party to interdepartmental Guidelines for Protecting Child Victims
of Abuse and Neglect, which were developed in
conjunction with the provincial
Family Services Act. The guideline provides a comprehensive regime to
respond to prevention, identification, reporting, referral, investigation,
treatment
and follow-up of allegations of child abuse.
- Under
the Family Services Act, it is mandatory for all police and correctional
officers to report all instances of suspected child abuse. Children held in
provincial
correctional facilities are entitled to be protected from abuse and
other forms of mistreatment. Departmental social workers and
the Youth Advocate
monitor the conditions of confinement and in addition, the
Provincial Ombudsman is authorized to investigate and respond to
complaints from young offenders about treatment and institutional
policies.
Department of Justice
- In
addition to the interdepartmental Guidelines for Protecting Child Victims of
Abuse and Neglect, the public, as well as policing
services and other government
and non-government agencies, have access to publications distributed by the
Public Legal Education
and Information Service of New Brunswick (PLEIS-NB).
PLEIS-NB is a non-profit organization and a registered charity with a mandate
to
develop a variety of bilingual educational products and services about the law
for the public in order to promote access to the
legal system. PLEIS-NB
distributes publications in the following areas that may be relevant to
children’s rights: Criminal
Law, Family Law, Family Violence, School Law,
and Violence in Schools.
- Statistics
from the 1997-1998 Annual Report of PLEIS-NB indicate that the RCMP and other
Police Forces distributed 7.12 percent of
the total number of PLEIS-NB
publications distributed in the past year. The highest percentage of
publications distributed, at 69.4
percent, by the RCMP and other Police Forces
were in the area of Family Violence (including Child Abuse: Recognize it,
Report it, Prevent it, November 1998). Publications on Violence in Schools
(including Sexual Harassment in School: It’s No Joking Matter,
October 1996 and Dating Violence) accounted for 18.8 percent of
publications distributed by the RCMP and other Police Forces.
- PLEIS-NB
also has available a video lending library. Many of these videos deal with
children’s issues, including in the areas
of Children: Youth and the
Law (Hey I’ve Got Rights, Judge for Yourself, Law for
Young People, and The Law of the Land: A Criminal Code for Kids),
Children: Human Rights (Keys, Playing Fair, and Rights
from the Heart - a collection of animated film inspired by the United
Nations Convention on the Rights of the Child), Child Abuse
(Put the Child First: Train the Trainers Program), and Dating
Violence (Right from the Start).
- The
PLEIS-NB, in addition to publishing in the areas of Family Violence and Violence
in Schools, also publishes extensively in the
area of Family Law. Publications
in this area include a number on child and spousal support, What
Parents Should Know About Child Protection, Custody and Access in New
Brunswick, and Who’s Minding the Kids? (A Parent’s Guide,
A Sitter’s Guide, and A Home-care Guide). Further, as a member of the
Atlantic Regional Coordinating
Committee on Crime Prevention and Community
Safety, PLEIS-NB works to ensure that the Committee has a variety of contacts in
New
Brunswick with criminal justice system representatives, and the social
welfare and social service sectors.
- Regarding
young persons who are in open or secure custody either in correctional
institutions or in group homes, both the Department
of the Solicitor General
(which operates a secure custody youth correctional institution) and the
Department of Health and Community
Services (which operates open custody group
homes) have policies prohibiting the use of corporal punishment as a
disciplinary measure.
Furthermore, the Department of the Solicitor General has
in place mechanisms whereby young persons in custody are encouraged to
report
any incidents of alleged ill-treatment of themselves or any young persons in
custody.
- With
respect to child abuse and violence within the family, the Department of the
Solicitor General has adopted the New Brunswick
Child Victims of Abuse
Protocols,
which give direction to correctional officers, police,
social workers, teachers, health professionals (essentially every professional
resource either employed or accessed by the Department of the Solicitor General
in providing services which involve young persons).
These protocols, which
are reviewed periodically, have been helpful in sensitizing the professions to
the issues surrounding the abuse
of children and, most notably, the sharing of
information among professionals, including the legal requirements of reporting
suspected
cases.
- The
NB Department of Health and Community Services is conducting a comprehensive
review of child welfare in the Province of New Brunswick.
As well, protocols
have been developed to help staff recognize and respond to cases of
institutional abuse (Child Abuse Protocols,
1995). Corporal punishment is
prohibited in schools by policy of the Department of Education.
Youth Council of New Brunswick
- The
government of New Brunswick is currently reviewing the establishment of
a
Child Advocate. The Council would like to see this service established in the
near
future.
Article 20: Children Deprived of a Family Environment
Department of Health & Community Services
- The
Family Services Act provides for the protection of children
whose parents cannot adequately ensure care for and control of their children.
If the security
and development
of the child is found to be in danger, the
child may be considered to be in need of protection. This
could lead to providing more resources to the family or it may require
the removal of the child from the care of the parents. A system
of foster care,
which may include the home of a relative, is in place to provide the substitute
care. This may include group homes
and/or treatment facilities and an adoptive
home if the courts grant guardianship on behalf of
the
child.
Department of Solicitor General
- The
Department does provide special protection and assistance to children deprived
of a family environment through police investigation
for child sexual abuse,
special services to child victims and rehabilitation programs for
institutionalized youth. However, the
Department of Health and Community
Services provides special protection services directly for children in need of
protection.
Youth Council of New Brunswick
- Please
see response under Article 2.
Article 21: Adoption
Department of Health and Community Services
- The
Family and Community Social Services Division has introduced various strategies
into the pre-decision counseling services that
are offered to birth parents to
increase the participation of the birth father in the planning for the future of
the child, including
adoption. The standards, legislation and regulations
regarding adoption strive to protect all parties involved in adoption including
the child, the birth parents and the adoptive parents.
Article 22: Refugee Status
Department of Human Resources Development and
Housing
Human Resources Development
- The
Committee recommends that the State party pay particular attention to the
implementation of article 22 of the Convention, as well
as of the general
principles of the Convention, in particular the best interests of the child and
the respect for his or her views,
in all matters relating to the protection
of refugees and immigrant children, including in deportation proceedings. The
Committee
suggests that every feasible measure be taken to facilitate and speed
up the reunification of the family in cases where one or more
members of the
family have been considered eligible for refugee status in Canada. Solutions
should also be sought to avoid expulsions
causing the separation of families, in
the spirit of article 9 of the Convention. More generally, the Committee
recommends that
the Government address the situation of unaccompanied children
and children having been refused refugee status and awaiting the deportation
in
light of the Convention’s provisions. Deprivation of liberty of children,
particularly unaccompanied children, for security
or other purposes should only
be used as a measure of last resort in accordance with article 37 (b) of
the Convention.
Article 23: Disabled Children
Department of Health and Community Services
- The
Integrated Day Care component of ECI is designed to: (1) ensure the
child’s full participation in developmentally appropriate
child care
services; (2) improve childhood outcomes among high priority children; and
(3) enhance the child’s readiness for
public
kindergarten.
Department of Education
- Since
the early 1980s, the Province of New Brunswick has worked on ensuring the
inclusion of children with exceptional needs in the
regular classroom setting.
In 1994, the Department of Education published a document entitled “Best
Practices for Inclusion.”
The purpose of that document was to provide a
basis for assessing the quality of district, school, classroom and individual
programs
and services provided to the exceptional child. In February 1997,
the Province of New Brunswick introduced the Education Act (which
replaces the Schools Act). This act guarantees free public education to
all school aged children who are residents of the province. For those children
who
are considered exceptional, the province guarantees the development of a
special education plan that identifies goals, objectives,
and educational
planning based on the student’s individual needs. Parents are guaranteed
the right to be consulted during
the process of developing educational
programming for their exceptional child.
- To
ensure appropriate service to exceptional pupils, school districts employ
resource teachers, teacher’s assistants and classroom
attendants. These
persons work with classroom teachers and directly with pupils. Pupils with
hearing, vision and other physical
disabilities are provided technological aides
free of charge to enable them to participate in the regular classroom
environment.
Article 24: Health and Health Services
Department of Health and Community Services
- The
Early Childhood Initiatives is a province-wide prevention strategy for improved
pregnancy outcomes and the improved health and
well-being of children and their
families. Universal screening at birth ensures the identification of high
priority children and
a constellation of health and social services are
delivered until the age of school entry.
- This
description conveys the range of services provided:
- Enhanced
Prenatal Screening and Intervention in order to increase healthy pregnancy
outcomes.
- Enhanced
Postnatal Screening and Intervention in order to enhance factors and conditions
known to foster health growth and development.
- Preschool
clinics at 3.5 years of age in order to support the healthy growth and
development of preschool children.
- Home-based
Early Intervention Services aimed at improving childhood outcomes and enhancing
family self-sufficiency.
- Integrated
Day-Care Services whose goals are the full participation of the high priority
child in developmentally appropriate child
care services, and improved childhood
outcomes among high priority children.
- Social
Work Prevention Services whose goal is the secondary prevention of the abuse and
neglect of children, through the strengthened
parenting competencies
of high priority parents.
- Home
Economics Services whose goal is to improve family functioning by enhancing
skills of priority families in the areas of resource
management and family
development.
Department of Solicitor General
- Regulation
92-71 pursuant to the Custody and Detention of Young Persons Act
requires that superintendents of youth custodial facilities arrange for the
young person to undergo such medical, psychiatric, psychological
and dental
examinations and treatment as appear necessary upon admission to the facility.
The Regulation empowers supervisors of
youth custodial facilities to establish
medical and dental treatment programs and provide any necessary facilities,
equipment, prostheses
and other required devices or aids as well as counseling
programs.
- Youthful
offenders held in secure custody facilities operated by the Department of the
Solicitor General enjoy access to full-time
nursing care. The Department also
retains the services of physicians including 2 psychiatrists on a contractual
basis who make regular
visits to the New Brunswick Youth Center and are
available during emergencies. In addition, there are 2 full time
Social Workers
and a full time Psychologist on-site at the New Brunswick Youth
Center.
Article 25: Periodic Review of Placement
Department of Health and Community Services
- The
Family Services Act prescribes a periodic review of the situation
of children placed under the care of the Department. This can include a
quarterly review
for children placed in temporary care and an annual review for
children in the care of guardians. The Act also limits the custody
order
to a period of six months, with extensions to a cumulative amount
totaling 24 months. Agreements also fall under the same
restrictions.
Department of Solicitor General
- Department
officials regularly monitor the location, classification and conditions of
confinement of institutionalized youth pursuant
to the statutory obligations
imposed by the Young Offenders Act.
Article 26: Society Security and Childcare Services and
Facilities
Department of Health and Community Services
- The
Office for Childhood Services revised the Day Care Facilities Standards in 1993
to improve access to regulated day care for children
with developmental delay or
at risk of developmental delay.
Article 27: Standard of Living
Department of Health and Community Services
- Children’s
right to an adequate standard of living is addressed in the Family Services
Act, which stipulates when a child may be in need of
protection.
Department of Education
- The
Department has organized a number of summer institutes for teachers focusing on
the issues of child poverty and how they impact
the learning environment. A
recently released document by the Department of Health and Community Services is
shedding new light
on the demographics through an environmental scan of the
nature of child poverty in New Brunswick. This information, which will
be
shared with school district officials, will help to focus educational
initiatives and efforts for a number of students. Also,
the Department of
Education is revising its agreement with the Department of Health and Community
Services through which the latter
supplies the services of psychologists, social
workers, speech and language pathologists, occupational therapists,
physiotherapists
and nurses. These services provide assistance to pupils,
teachers and parents to assist the functioning of pupils in the school
environment.
- New
Brunswick is currently evaluating and redesigning its social policy framework.
One of the significant outcomes expected from
this work is better service
integration, based on meeting client needs in a holistic
manner.
- The
Department’s efforts to provide breakfast and lunch programs to students
in need are ongoing. To this end, a sum of $300,000
annually has been
designated since 1992 for nutrition initiatives within the New Brunswick public
school system.
Department of Human Resources Development and
Housing
Human Resources Development
- Please
see the responses under Articles 2 and 4.
Housing
- It
is clear to most people that good housing is important for children’s
health and development. Stable and affordable housing
is related to positive
outcomes for children in a number of ways. These factors are related to housing
as shelter.
- We
use the term, “social housing” in reference to shelter that is
subsidized and provided to targeted households in the
province. Presently in
New Brunswick there are 14,100 social housing units and another 3,800 social
housing beds.
- It
is important for children to have adequate, uncrowded, affordable and stable
shelter in order to thrive. Once that is taken care
of, there is another
fundamental level on which housing has a strong influence on children’s
development. Housing is also
a social structure that must be taken into
account. Poor housing environments reinforce low social status. They foster
isolation
and prevent people from taking on meaningful roles that raise their
social opportunities and social status. Research in social housing
communities
has shown that residents who have a clear sense that they can influence their
housing environment through self-management
or through tenant participation have
higher levels of well-being and are more likely to feel that their housing is
healthy for themselves
and their children.
- The
Department of Human Resources Development and Housing is in the process of
developing a new approach to social housing termed,
Transition Planning. This
new initiative, together with the existing Community Development Program, plays
an important role in increasing
client self reliance by providing more
opportunities for tenants to become involved in determining their future.
Through Transition
Planning, social housing tenants will be supported in their
efforts to become more self sufficient and experience a better quality
of life
in the social housing environment, as their needs and goals change. As part of
transition planning, targeted tenants who
are able, will be assisted to make the
transition from subsidized units to other less subsidized options, to private
sector accommodations
or home ownership.
Youth Council of New Brunswick
- Please
see response under Article 2.
Article 28: Educating, Including Vocational Training and
Guidance
Department of Solicitor General
- Education
is perceived as a vital component in the rehabilitation of the young offender.
Therefore, Regulation 92-71, enacted pursuant to the Custody and
Detention of Young Persons Act, provides that institutional supervisors may
establish and provide compulsory or voluntary educational programs appropriate
to the
needs of each young person. Young offenders resident in open custodial
facilities are granted temporary releases in order to attend
school. During
such releases, the youth is supervised by the operator of the open custody
facility in conjunction with the Young Offenders Act Social Worker and
Youth Worker.
- Youth
in secure custodial facilities have on-site access to school educational
programs. The content of such programs, which has
a both an academic and
vocational component, has been approved by the Department of Education and is
comparable in quality to that
of a regular school system. The Department is an
active participant in the Youth Strategy Program. Through a contractual
arrangement
with the Department of Education, five academic teachers have been
hired full-time to work on-site in the New Brunswick Youth Center.
The emphasis
of the Youth Strategy Program is upon academic upgrading and literacy training
with appropriate linkages upon release
from incarceration to other governmental
education and job-training programs.
Article 28, para. 1 (a)
Department of Education
- The
New Brunswick Education Act requires the Minister of Education to provide
free school privileges to all residents aged 5 to 21 years until they meet
graduation
requirements. It further requires children to attend school from the
age of five until they graduate or attain the age of 16 years.
The legal school
leaving age will become 18 years as of July 1999.
Article 28, para. 1 (b)
- The
New Brunswick Department of Education provides a solid, common, core curriculum
for pupils in the early grades. This provides
a broad experience and includes
all aspects of education including career preparation and the development of
work-related skills.
At grades 10, 11 and 12 opportunities exist for students
to choose a focus for their studies. Many choose to explore vocational
courses
and other practical experiences through one or more school-to-work transition
initiatives. In order to ensure equal opportunity
to all students, some courses
are offered free of charge through distance education.
Article 28, para. 1 (c)
- The
Department of Education, Post Secondary Student Services Branch, offers student
financial assistance programs to ensure that financially
needy New Brunswick
students have access to post secondary educational opportunities and that they
are encouraged to complete their
studies in a timely and successful manner.
Loans and grants are available to assist students with the costs of their post
secondary
education. Two repayable loans, the Canada Student loan and the New
Brunswick Student loan, are augmented by several non-repayable
grants. There
are four separate Canada Study Grants targeted to: students with dependents;
disabled students; high need, part time
students; and women doctoral students,
as well as the New Brunswick Bursary. Any New Brunswick resident accessing a
designated post
secondary educational institution is eligible to apply for
student financial assistance.
Aboriginal Affairs
- Good
progress has been made in improving access of aboriginal children to
education, largely due to the Department of Education’s Mi’kmaq
and Maliseet education
policy. Initiatives under this policy, which is in
the process of being implemented,
include:
- offering courses
in Mi’kmaq and Maliseet in select public schools;
- units of study
with Aboriginal content are being developed;
- materials with
Mi’kmaq and Maliseet content are being developed;
- the
“Circle of Understanding” program which is being implemented
introduces the Aboriginal perspective into the classrooms
by inviting Elders and
community members to the public schools;
- “Native
awareness week” is sponsored at various public schools throughout the
year.
- With
regard to housing, an Aboriginal-owned non-profit organization, Skigin-Elnoog,
administers provincial housing programs through
arrangements with the Department
of Human Resources Development and Housing and the Department of Municipalities.
These programs
are available to Aboriginal people who are not living on Indian
reserves. Housing for Aboriginal people living on Indian reserves
is the
responsibility of the Federal Government.
Article 29: Aims of Education
Department of Solicitor General
- Please
see response under Article 28.
Article 29, para. 1 (a-d)
Department of Education
- The
following are examples of specific outcomes related to Article 29 which
New Brunswick students are expected to master in order
to graduate from
high school.
Citizenship, Power, and Governance
- Students
will be expected to demonstrate an understanding of the rights and
responsibilities of citizenship, and the origins, functions,
and sources of
power, authority, and governance.
Culture and Diversity
- Students
will be expected to demonstrate an understanding of the concept of culture, the
diversity of culture, and views of the world,
recognizing the similarities and
differences resulting in various cultural perspectives.
Interdependence
- Students
will be expected to demonstrate an understanding of global connections and the
causes, consequences, and possible solutions
to global issues.
Individuals, Societies, and Economic Decisions
- Students
will be expected to demonstrate the ability to make economic choices as
individuals and as members of society based on their
understanding of economic
concepts, principles, and systems.
- New
Brunswick has also been fostering a co-operative learning approach within its
curricula and classrooms whereby all students assume
a participatory role.
Groupwork and sharing are supported through teaching strategies, resource
materials, and teacher training.
- Under
the auspices of the CMEC, a proposal has been prepared for the Pan-Canadian
Framework of Learning Expectations for Citizenship Education. Alberta and
New Brunswick have been acting as lead jurisdictions in the development of the
proposal. The intent of the project
is to provide guidance for the integration
of citizenship education into subjects, grade levels, and school activities in
each jurisdiction.
It will include general learning expectations for K-12
and specific learning expectations for grades 3, 6, 9, and 12.
Article 29, para. 1 (e)
- Students,
beginning in Kindergarten, are provided with opportunities to learn about, and
gain respect for, our natural environment.
This happens both formally through
the curriculum and informally through various activities in the school. In the
science curriculum,
emphasis is placed on understanding connections between
science, technology, society and the environment. Several workshops have
been
offered in the province for teachers regarding sustainability of
the environment and how to develop learning around this theme.
These
efforts are intended to help teachers and students appreciate the
“trade-offs” implicit in economic development
and
environmental/resource protection. Informally, many schools are involved in
re-cycling efforts and energy reduction projects
and host a variety of
environmental clubs. Students have a greater awareness of environmental issues
now than at any other time.
Youth Council of New Brunswick
- The
Council recommends that there be more focus on human rights, and legal rights
and responsibilities, provided through the public
school curriculum.
Complementary to these studies should be a general appreciation of responsible
citizenship as well as an emphasis
on leadership development.
Article 30: Children Belonging to a Minority or Other
Indigenous Group
Department of Solicitor General
- The
policies of the Department of the Solicitor General governing the treatment of
youthful offenders respect the linguistic and cultural
heritage of children.
Programs are offered in both official languages. Regulation 92-71
enacted pursuant to the Custody and Detention of Young Persons Act
ensures respect for the religious views of the child. Through contract with the
Department of Health and Community Services, the
Department of the Solicitor
General also administers an open custody group home for aboriginal offenders.
In addition, the Department
employs two native probation officers, one of whom
is employed exclusively in providing onreserve probation services for both adult
and young offenders. The Department is developing further programs specifically
for adult and young native offenders.
- With
respect to policing, the federal government issued the First Nations Policing
Policy in 1991. This policy allocated more money
to the improvement of existing
on-reserve policing services and the development of new native-specific law
enforcement strategies.
The First Nations Policing Policy, which places strong
emphasis on professionalism, cultural sensitivity, and community involvement,
will serve to improve the level and quality of on-reserve policing services
through the establishment of policing agreements between
the federal and
provincial governments, and the First Nations community or regional
organization.
- The
purpose of the First Nations Policing Policy is to improve the administration of
justice, the maintenance of social order, public
security and personal safety in
on-reserve communities. As such, one of the objectives is to provide First
Nations communities with
police services which are suited to their needs and
that respect their culture and beliefs. It is felt that this will have a
positive
impact on members of the community, including children, as it will
provide First Nations communities with policing services that
are administered
in a culturally sensitive and fully professional manner.
Article 31: Leisure, Recreation and Cultural
Activities
Department of Solicitor General
- Regulation
92-71 enacted pursuant to the Custody and Detention of Young Persons
Act permits supervisors of youth custodial facilities to establish voluntary
recreational programs and voluntary social and entertainment
programs that are
appropriate for young persons.
Department of Education
- The
school curriculum provides opportunities for students to learn through play and
to engage in play and recreational activities.
Curricular and extra-curricular
activities in reading, drama, music, art, physical education and health and
sports, for example,
expose students to potential leisure pursuits and
avocations.
- Cultural
pursuits related to language, art, music, drama and dance as well as
multicultural experiences are part of the common curriculum
from kindergarten to
high school. In addition, physical education, health, safety and nutrition are
also part of the student’s
school experience. The right to leisure,
cultural activities and participation in arts and recreation is part of the
mission statement
for the Department of Education.
Youth Council of New Brunswick
- Alcohol
and drug use is often the result of boredom and the lack of recreational
programs and facilities for young people. A Maison
des Jeunes/Youth Centers
under the direction of young people, offering a variety of services and
activities, nights and weekends
is an ideal way to answer these needs. The
Council recommends that there be more proactive steps taken to ensure the
establishment
and continuity of Maison des Jeunes/Youth Centers and that
municipalities ensure that youth program coordinators are hired to manage
“for youth by youth” initiatives. Maison des Jeunes/Youth Centers
also serve as ideal venues from which to disseminate
a variety of information
about program and services available to youth.
Article 33: Drug Abuse
Department of Health and Community Services
- The
responsibility for adequate care and control of children is the responsibility
of parents. If they are found unable or unwilling
to fulfill this
responsibility, the state will step in to offer protective measures for the
child.
Department of Solicitor General
- Municipal
police forces and the RCMP participated in PACE (Police Assisting Community
Education), a province-wide educational program
aimed at grades 5-9 which
involves periodic school visits, exhibition of video materials and distribution
of literature by the local
police and RCMP to explain drug laws, educate
children in relation to drug abuse, prevent such abuse and develop alternate
strategies.
- Through
their participation in the National Drug Strategy, municipal police forces and
the RCMP are actively involved in crime prevention
programs (such as Crime
Stoppers) and assist in Drug Awareness through school visits and the Huggy Bear
Program (Hugs Not Drugs).
Programs directed at youthful offenders administered
by the Department of the Solicitor General include drug and alcohol counseling
and treatment.
Youth Council of New Brunswick
- Please
see response under Article 31.
Article 34: Sexual Exploitation and Sexual Abuse
Department of Health and Community Services
- The
Family Services Act prescribes certain measures to protect children from
exploitation. These include: mandatory reporting of suspicious child abuse;
program standards which outline the responsibilities of the Minister in relevant
situations; day-care regulations which include standards
and licensing; and
Guidelines for Protecting Child Victims of Abuse and Neglect; these involve
joint investigations by police and
social workers and also provide for
appropriate follow-up.
- There
are also community-based initiatives which have the objectives of preventing
child abuse and exploitation and protecting children.
Department of Solicitor General
- Members
of police forces are obligated to report suspected child abuse and neglect
(including sexual exploitation), as stipulated
in the Family Services
Act. The Act designates that both the police and Child Protection Workers
with the Department of Health and Community
Services are responsible for investigating cases of suspected child abuse.
The role of the police is to determine the existence of
criminal activity while
the role of the Child Protection Worker
is to determine if the security and
development of the child is in danger. The protection
of the child should
be of primary concern to both the police and the Child Protection
Worker.
- Further,
the Department plays a role in the protection of children against all forms of
sexual exploitation and abuse through its
enforcement of the Provincial
Guidelines for Protecting Child Victims of Abuse and Neglect. The
Department has internal institutional policies, which recognize the right of
institutionalized youth to be secure against sexual
abuse while confined, and
which provide a mechanism for reporting and disposing of allegations of
abuse.
Article 35: Sale, Trafficking and Abduction
Department of Solicitor General
- The
Department participates in the Ident-a-Kid program in conjunction with community
agencies and is involved in the development of
interdepartmental protocols
pursuant to the Convention on the Civil Aspects of International Child
Abduction.
Article 36: Other Forms of Exploitation
Department of Solicitor General
- The
legislation in Canada allowing corporal punishment of children by parents or
schools or in institutions is found in Section 43
of the Criminal Code. The
United Nations Committee has recommended that physical punishment of children be
prohibited. Substantive
criminal law and procedure in Canada is a federal
constitutional responsibility. Nevertheless, initiatives by the federal
government
to amend the criminal law normally are the product of a consensus
among the provinces and the federal government. New Brunswick
has not
officially pronounced on the question of the desirability of retaining the
protection to parents and teachers etc. in Section
43 of the Criminal Code.
Normally on a significant policy issue such as this, there would be public
consultation and debate before
the Province would make any recommendation to the
Federal Government.
Department of Justice
- The
Interdepartmental Committee on Family Violence produced an advertising campaign
and put a toll free telephone line in place regarding
child abuse in 1997. The
aim of the campaign was to alert the public to the seriousness of the issue and
to allow people to report
suspected incidents of child abuse through the
toll-free line.
Article 39: Physical and Psychological Recovery and Social
Reintegration
Department of Health and Community services
- The
intent of the Family Services Act is to promote physical and
psychological recovery of abused children through family integration or
reintegration. The focus of the
Act is with regards to social reintegration in
the family unit.
Article 40: Administration of Juvenile Justice
Department of Solicitor General
- The
combination of the Canadian Charter of Rights and Freedoms, the
Young Offenders Act and the Provincial Offences Procedure for Young
Persons Act ensures that young persons enjoy the full range of procedural
guarantees available to adults in the criminal process and, in certain
instances, due to their special needs, may be vested with procedural rights
which are superior to those possessed by adults.
- Incarceration
is regarded as a sanction of last resort under the Young Offenders Act
and the Provincial Offences Procedure for Young Persons Act, both of
which stipulate that young persons enjoy rights, including the right to the
least possible interference with freedom which
is consistent with the protection
of society, having regard to the needs of young persons and the interests of
their families. Consistent
with this principle, Youth Courts, acting pursuant
to the Young Offenders Act are empowered to order a wide range of
dispositions.
Article 42: General Measures of Implementation
New Brunswick Human Rights Commission
- The
Education and Development Branch of the New Brunswick Human Rights Commission
actively engages in a public education program,
which includes the development
of training materials and the dissemination of information on the rights of the
child in school and
other settings.
- Human
rights educational materials produced by the Commission, include a threepart
video series, Foundations for Fairness. Designed for use in the
classroom, the videos are What is Prejudice? (22 minutes), which
traces the development of prejudiced ideas from small children through to
adults, while providing practical advice
to combat prejudice and discrimination;
A Parable in Black and White (5 minutes), which examines the nature and
breadth of prejudice and Masks, a one minute public service announcement
which illustrates the influence that adults have in the formation of prejudice.
A study
guide accompanies the video series.
- Rights
and Responsibilities: the 4th and 5th R’s of Education, A Common Sense
Guide to Human Rights Education, is a 104-page teaching manual published by
the Commission, designed to assist educators in the practical application of
human rights
principles in everyday settings and focuses on combating
stereotyping, prejudice, discrimination and racism.
Article 42, para. 19
Department of Education
- In
the summer of 1998, the first “Human Rights Institute for Teachers:
Teaching For and About Human Rights” was held in
partnership with the
Atlantic Human Rights Centre at St. Thomas University. This was offered as
part of the Summer Institute program
for practicing teachers, was very
successful, and has been repeated in the summer of 1999.
NOVA SCOTIA
Introduction
- Nova
Scotia contributed to the First Report of Canada in 1994. That contribution
covered the period from the date of ratification,
January 1992 to July 1993.
Subsequent responses of Canada to the list of issues and questions submitted by
the Committee have indicated
changes to the laws of Nova Scotia to
1995.
- It
is the objective of this submission to describe and bring up to date the
description of law, regulation and policy made under the
civil jurisdiction of
Nova Scotia current to May 1998. The report focuses on legislative,
regulatory and policy initiatives that
have been implemented since the First
Report. Most of these initiatives were in process before the receipt of the
Concluding Observations
of the Committee; however, where new initiatives of the
Government of Nova Scotia are responsive to concerns raised by the Committee
in
the Concluding Observations of the Committee, it is so indicated in the report
by highlighting.
Definition of a child under the laws and regulations
Legal minimum ages
- The
Age of Majority Act states that the age of majority in the Province of
Nova Scotia is 19 years.
- The
Youth Secretariat Act establishes the Secretariat as a focal point for
the development of effective responses by Nova Scotia to the needs and
aspirations
of the province’s youths. The Youth Secretariat, which
defines “youth” as between 15 and 24 years, has an important
mandate
to include youths in making decisions which affect their
population.
- The
Children and Family Services Act defines a child as a person under the
age of 16 years.
- Regulations
made pursuant to the Education Act provide for compulsory education to
all children who have attained the age of 6 years and who have not attained the
age of 16 years.
The Education Act also provides for free public
education for children over the age of 5 and under the age of
21.
- The
Labour Standards Code restricts the types of occupations in which and the
hours of work during which children under the ages of 14 and 16 may be
employed.
- The
Solemnization of Marriage Act requires a license from all persons who
wish to be married and to obtain a license a person must be 19. A person under
19 but over
the age of 16 may marry with parental consent. Marriages of persons
under the age of 16 shall not be solemnized without special
application to a
judge of the Family Court who must make a determination that it is expedient and
in the interests of the parties
to authorize solemnization of the
marriage.
- The
Liquor Control Act, Tobacco Control Act and Gaming Control Act
prohibit the sale, supply or procurement of liquor, tobacco products or access
to gambling for or by any person under the age of
19 years. A person who
knowingly sells or supplies such products to any person under the age of 19 is
subject to penalties including
imprisonment.
General principles
Article 2: Non-discrimination
- The
Nova Scotia Human Rights Act, R.S.N.S 1989, as amended, provides
protection to children and their families. The Act prohibits discrimination on
the basis of
age while allowing for exemptions for the purposes of providing of
a protection or conferring a benefit to youth. Since 1991, the
Act also
prohibits discrimination on the basis of family status. This section was
included to ensure that apartment owners could
not operate adultonly buildings
thereby refusing to rent to families with young children. Since its inclusion,
the Human Rights
Commission has investigated several complaints of this nature
and three were referred to a hearing. Two were resolved to the satisfaction
of
the families prior to the commencement of the hearing. In the third complaint,
the board of inquiry hearing the matter found
that evicting a tenant because she
had a young child was discriminatory.
- The
Human Rights Commission has adopted a housing policy which clearly outlines the
protection offered to children and their families.
The policy is given broad
circulation throughout the province to ensure it is wellknown and
applied.
Article 3: Best interests of the child
- In
1997, the Judicature Act was amended to create a Family Division of the
Supreme Court of Nova Scotia, thus unifying the jurisdiction over family
matters.
The Family Division will utilize education programs on post-separation
parenting, family mediation services and counselling. These
programs will
provide support and assistance to families to ensure that in custody and access
disputes between parents, the best
interests of the child are
paramount.
- The
Child and Youth Action Committee (CAYAC) is an interdepartmental working group
of senior officials that provides a focal point
for the coordination of
crossjurisdictional
initiatives affecting children and youth. It was formed following the
signing of a Memorandum of Understanding among the Ministers
of Education and
Culture, Community Services, Health, Justice, and Youth. Its purpose is to
establish joint priorities, coordinate
approaches to address interdepartmental
initiatives, and evaluate the outcomes for children and youth in the
province.
- Over
the past 2 years, CAYAC has worked on developing a vision and action plan for
children and youth services that is communitybased
and stresses interagency
cooperation with a focus on improving the outcomes for all children and youth.
Work has been done to coordinate
a project in one area of the province which
focuses on youth mental services and teen health centres and on promoting
integrated
child and youth services projects in other areas of the province.
CAYAC also develops interdepartmental protocols regarding services
to children
and youth and provides a focal point for the review of various provincial
services. That includes mental health services,
early intervention services for
special needs children, and other projects and initiatives that would benefit
from interdepartmental
collaboration.
- Legislation
came into force in January 1997 providing for the exchange of information
between adult adoption principals. Although
the legislation relates primarily
to the sharing of information between and among adult adoption principals and
facilitating reunions
between adult adoption principals, the Act also contains
provisions relating to the sharing of information in respect of adopted
persons
who are under the age of majority where the information is necessary for the
health, safety or well-being of that person.
The Act provides for an adopted
person, who is under the age of majority, to obtain information in respect of
their birth family
provided they have the written consent of their adoptive
family. Once the person reaches the age of majority, they can obtain
information
about their birth family without the consent of their adoptive
parents.
- Amendments
to the Children and Family Services Act further strengthen the
preservation of the cultural identity of children. The amendments require the
Mi’kmaq Family and Children’s
Services of Nova Scotia to receive
notice of proceedings involving a child who is known to be an Indian or may be
an Indian. Further,
the amendments require an agency to notify Mi’kmaq
Family and Children’s Services that the agency is entering into an
adoption agreement with respect to child who is or may be an Indian
child.
Article 12: Respect for the views of the child
- The
Children and Family Services Act provides for the right of a child over
the age of 16 to be a party to a proceeding with respect to the determination as
to whether
a child is in need of protection. The Act also provides for the
court to order that a child 12 years of age or more be a party to
such
proceedings.
- Other
amendments to the Children and Family Services Act strengthen the
provisions relating to private adoptions to ensure that the best interests of
children are served in private adoptions
and ensuring that the person who will
receive the child is a person who has been approved by a child placing agency as
an approved
adoption home.
- The
Children and Family Services Act, provides that in situations where the
person proposed to be adopted is 12 years of age of more, written consent of the
child must
be obtained.
Article 6: Right to life, survival and development
- The
Children and Family Services Act was also amended to expand the
definition of “child neglect.” Prior to the amendment, child
welfare agencies could only
intervene in neglect cases where there had been
actual harm to the child. Sometimes it takes years before neglect manifests
itself
in actual harm to children. This meant that agencies were precluded from
early intervention in these situations. The amendment
enables agencies to
intervene when there is a “substantial risk of harm” to children.
The amendment enables early intervention
so that services can be provided to
families and children.
- The
Child Victim Witness Program, commenced as a pilot project in 1994, has been
instituted province-wide. The program provides non-evidentiary
court
preparation to child victim and witnesses of crime and their supportive
adult(s). The objectives of the program are to promote
the rights of child
victims of crime; to facilitate an awareness of child victims’ needs
within the criminal justice system;
and to provide the support and information
to children that will facilitate their giving evidence in criminal
court.
Civil rights and freedoms
Article 7: Name and nationality
- The
Vital Statistics Act provides for a child to be registered with the
surname of either the mother or father. Births may be registered in a script or
alphabet
different from the Roman (English) alphabet used in Nova
Scotia.
- See
paragraph under Article 3 above in respect of rights of Aboriginal
children.
- Linguistic,
cultural and racial heritage as well as religious faith must be given due regard
in determining the best interest of the
child placed under temporary or
permanent care and custody or adoption. Most agencies placing children for
adoption will consider
the child’s background and the wishes of the
biological parent.
Article 17: Access to appropriate information
- The
Freedom of Information & Protection of Privacy Act applies to all
Nova Scotians, regardless of age. It provides a public right of access to
public records and provides individuals
with a right of access to and a right to
correction of personal information about themselves. There are limited
exceptions to these
rights of access. The Act also prevents the unauthorized
collection, use or disclosure of personal information by public bodies
and
provides for the independent review of decisions made pursuant to the Act. It
is the further purpose of the Act to
provide for disclosure of government information to facilitate informed
public participation in policy-making, fairness in government
decision-making
and to permit the airing and reconciliation of divergent views while protecting
the privacy of personal information.
Family environment and alternative care
Article 18, para. 1: Parental responsibilities
- The
Family Maintenance Act provides that a parent or guardian of a child
under the age of majority (19) is under a legal duty to provide for the
reasonable
needs of the child and for the payment of maintenance for dependent
children and spouses where there is reasonable need for the assistance.
In
1997, the Family Maintenance Act was amended to provide for the
implementation of Federal Child Support Guidelines. The guidelines are based on
the premise that both
parents have a financial responsibility to care for their
children following family breakdown, and provide a fair, objective and
consistent standard for determining levels of child support. The guidelines
give priority to child support over other financial
obligations and ensure that
children continue to benefit from the financial means of both parents after
separation or divorce. It
is anticipated that, by making the calculation of
child support more objective, the guidelines should reduce conflict and
adversarial
litigation.
- In
Nova Scotia, in the 1996-1997 fiscal year there were 111 adoptions: of those, 33
were agency adoptions; 69 were family adoptions;
and, 9 were private placements,
i.e., placements with non-relatives.
- The
Family Orders Information Release Act provides for the enforcement of
court orders respecting children and support obligations by providing for the
release of information
which may assist in locating children, defaulting spouses
or other persons. Under the Testators Family Maintenance Act, there is
authority for a judge to order adequate provision for the maintenance and
support for dependents and children where the
testator dies without having made
adequate provision in a will.
Article 27, para. 4: Recovery of maintenance
- The
Province of Nova Scotia enacted new legislation, the Maintenance Enforcement
Act, in January 1996 to provide for more effective mechanisms to ensure that
court-ordered support payments are paid in full and on time.
The legislation
provides for a comprehensive array of enforcement actions which can be taken by
the government-operated Maintenance
Enforcement Program to address non-payment:
i.e. default letters, garnishment of income sources, demands for financial
disclosure,
property liens, examination of payors and revocation of motor
vehicle privileges. The Maintenance Orders Enforcement Act provides for
the reciprocal enforcement of maintenance orders in situations where the parties
to maintenance orders reside in different
jurisdictions. At present, Nova
Scotia has agreements with all other Canadian provinces and territories, with 35
American states
and with 13 other countries. A review of the program has been
conducted with a view to improving service delivery.
Basic health and welfare
Article 6: Right to life, survival and development
- The
Department of Community Services is involved in a number of partnerships
focusing on prevention and early intervention. The Department
is partnering
with other departments of government, community agencies and private
foundations. For example, $50,000 has been obtained
from the Canadian Living
Foundation National Board to provide funding to communities for nutrition
programs. An early intervention
program consisting of an array of home
visiting, assessment, child care, language development and family support is
being piloted
in 2 sites in Nova Scotia and this is a collaborative arrangement
involving the Department of Community Services, Department of Health,
Regional
Health Boards and community agencies. Funding has been obtained from the Lawson
Foundation, a project to provide language
and cognitive development for children
up to the age of 4.
- Nova
Scotia has 34 family resource centres located throughout the province. The
centres strive to reach out to parents who are “overburdened”
and
lack access to resources. The program emphasizes family strength and promotes
networking of parents in their neighbourhoods
and communities. The centres
offer a range of programs including parent education, prenatal education,
anti-violence awareness,
nutrition and cooking program, clothing exchanges, toy
lending libraries and resource materials.
- The
Province of Nova Scotia is currently engaged in a major social assistance
restructuring initiative. A major initial part of this
restructuring occurred
on April 1, 1998 when the Province of Nova Scotia assumed responsibility for the
delivery of the Social Assistance
Program which provides assistance to
individuals and families for a short term, intermittent term and, in some cases,
a long term
basis who are considered to be in financial need. As part of social
assistance restructuring, the Province has developed and implemented
a
standardized service delivery model for the delivery of the Social Assistance
Program. Prior to this change, general assistance
was delivered by individual
municipalities.
- Of
the 25,200 social assistance beneficiaries, 10,700 are children. The Social
Assistance Program may also provide to eligible individuals,
including the
marginally employed, financial assistance for special needs. A component of the
Social Assistance Special Needs Policy
as well as the Family Benefits Program is
the ability to provide a maternal nutritional allowance ($29.00 per month)
to recipients
who are pregnant or for 4 months following the birth of their
child. A referral is made for individuals who wish to receive nutritional
counselling and support to the Department of Health, Public Health
Services.
- Financial
aid is also provided to needy persons under the Family Benefits Act which
has as its purpose the provision of assistance to persons or families in need
where the cause is likely to be of a prolonged
nature. Approximately 57 percent
of recipients of this assistance are adults with disabilities which will prevent
them from being
employed for at least one year. Single parents make up 43
percent (approximately 26,000 children) the remaining 1 percent are senior
citizens.
- Nova
Scotia has established a new Nova Scotia Child Benefit program, which will
provide extra money for families in the lowest income
brackets. This will be
available whether people are working or not. This benefit will be targeted to
families whose gross income
is under $16,000. Those eligible will receive
an annual benefit per year for the first child, with lower amounts for the
second
child and subsequent children.
- Nova
Scotia will also allocate funds for a range of Healthy Child Development
initiatives to help overburdened families in many
circumstances:
- Building on the
current established partnerships, parent education programs, and parent support
programs, will enhance community-based
prevention efforts across
the province;
- Early
intervention programs to serve children with special needs in the preschool
years, will enhance existing programs and provide
services for additional
special needs children in under-serviced areas;
- Strengthening
the current infrastructure, introducing additional subsidized spaces and
supporting children with special needs will
add subsidized child care spaces and
portable child care spaces for special needs children in centres across the
province;
- Expanded child
care options for low-income rural Nova Scotians who are working, looking for
work, or training for employment opportunities.
This will include the
development of a regulated, family child care system, which would ensure
positive experiences for the children,
training for care givers, and additional
jobs for Nova Scotians.
The Healthy Child Development
initiative will be offered through existing partnerships with public and private
agencies.
- The
province, through its Department of Health, provides for free medical care
through its Medical Services program. The department
also operates the
Children’s Oral Health Program (COHP). This program, in effect since 1
January 1997, provides diagnostics,
treatment, and prevention services for
children up to the age of 10. All Children are entitled to a dental examination
and 2 radiographs
a year without cost. Universal coverage is provided to
children under 10 for caries prevention. The province, through non-governmental
Regional Health Boards, operates a fluoride mouth rinse programs and public
dental health awareness programs.
- The
Maternal and Child Health Care Program is the primary prevention program of the
Nova Scotia Department of Health. This program
includes prenatal education in
the homes and in clinics, post-natal and infant home visiting and health
assessment and supervision
throughout the province of Nova Scotia. Parents of
all newborn children receive a pamphlet on proper nutrition care for young
babies.
The province is also piloting a program called Healthy Start, which
provides in-home support to reduce the chance of child abuse
in high-risk
environments. Since June 1995, the Province’s Home Care Nova Scotia
program provides home support for chronic
and acute care patients of all
ages.
- The
Day Care Act provides for the licensing of day-care facilities.
Regulations governing child care facilities have a standard for the health and
safety of children, the supervision of children, the number of staff and the
training requirements for staff working with children.
There are program and
fiscal supports available for services for special needs children and children
at risk. The discipline policy
of the Department of Community Services in
respect of the prohibition of corporal punishment is enforced in
day-care-centres and
strategies for disciplining children are utilized in child
care facilities.
Education, leisure and cultural activities
Article 28: Education, vocational training and
guidance
- Regulations
made pursuant to the Education Act provide for compulsory education to
all children who have attained the age of 6 years and who have not attained the
age of 16 years.
The Education Act also provides for free public
education for children over the age of 5 and under the age of
21.
- In
the fall of 1996 the Province of Nova Scotia began the process of building a
coordinated response to the persistently high rate
of youth unemployment. An
interdepartmental Working Group was charged with developing and implementing a
provincial youth employment
strategy through a process of research and
consultation with youth. These projects test new approaches to meeting the
employment
needs of young people.
- Children
of social assistance recipients are given an opportunity through a summer
youth initiative to develop skills in the area
of career exploration, job
maintenance, leadership development and job search skills. Up to 200 children
of recipients will be eligible
to participate in this initiative in 1998. Also
available for children of social assistance recipients between the ages of 8-16
is a project of assisting them in becoming entrepreneurs and developing
entrepreneurial skills. They are linked with community mentors
and provided
with a small amount of seed money to allow for basic startup costs of a summer
business initiative. Approximately 40
children will participate in this
program.
- The
Department of Community Services provides camping opportunities for
over 900 children and adults through 3 residential camps and
7 youth
camps.
Article 29: Aims of education
- A
pilot project to incorporate children’s rights education into the
curriculum was conducted at several elementary schools during
the 1997-98
academic year. Feedback from students, parents, and educators has been very
positive; the curriculum resource is currently
being revised as a supplement to
Health and Social Studies curriculum at the Grade 6 level for introduction into
all elementary schools
in 1999. It will include topics such as children’s
rights and responsibilities related to active, healthy, lifestyles; personal
safety; drug abuse prevention; and equity issues. The premise is that if
children learn their rights and are treated with respect,
they in turn will
respect the rights of others.
- Public
school education in Nova Scotia has two major goals: (1) to help all
students develop to their full potential cognitively,
affectively, physically,
and socially; (2) to help all students acquire the knowledge, attitudes,
and skills necessary for them to
continue as thinking, learning, physically
active, valued members of society. The Province believes that these goals can
best be
reached if school communities help students to develop in 6 areas of
learning (aesthetic expression, citizenship, communication,
personal
development, problem solving, and technological competence).
- Children
in Nova Scotia need to experience a learning environment that values activity
and a healthy lifestyle. The primary aim of
the physical education program from
primary through the senior high schools is to help students participate in and
develop a purposeful,
physically active lifestyle that will enable them to
experience a more enjoyable quality of life physically, mentally, emotionally,
and socially. Nova Scotia is developing and implementing new initiatives in
physical education and health to help meet these goals.
- Under
the Act and Regulations pursuant to the Education Act, no person shall
employ a child under the age of 15 years in any work during school hours. The
Regulations permit the granting of
an employment certificate to a child having
attained the age of 15 years provided the school board is satisfied, after
review and
discussion with the student and the student’s parents, that
continued attendance in school is not beneficial to the
student.
- The
Education Act requires a parent providing a home schooling program to
register the program with, and periodically report the child’s progress
to, the Minister of Education and Culture. The Minister may assess the
child’s educational progress and if the program does
not satisfy the Act,
or if the child is not making reasonable educational progress, the Minister may
order that the parent not provide,
or continue to provide, the
program.
- Assessments
developed in collaboration with the Atlantic provinces were designed to conform
to guidelines prepared by professionals
experienced in gender balance,
multiculturalism, and race relations to guard against bias.
- The
Principles of Education Funding were first established by the Education Funding
Work Group in 1993. These principles are equity,
adequacy, responsiveness, and
accountability. They help to ensure that all students have access to quality
programs regardless of
where they reside in the province.
- An
African-Canadian Services Division was established in 1996 in the Department of
Education and Culture to meet the needs of African
Nova Scotians and to develop
an African Nova Scotian curriculum for Nova Scotia schools.
- On
June 27, 1997, the Mi’kmaq Services Division was established to serve the
needs of Mi’kmaq students in the public schools
and for the development of
a Mi’kmaq curriculum for use in the public schools.
- The
Student Services Division has a multicultural consultant who works with school
boards, multi cultural groups, and other education
partners in developing
anti-racist principles and a provincial race relations policy. All school
boards have race relations officers
in place.
Article 23: Children with disabilities
- The
Education Act (1996) addresses the need for individualized programming
for students with special needs. A Special Education Policy has been developed
giving guidelines and procedures for school boards to follow in assessment,
program planning, and evaluation for students with special
needs. The policy
emphasizes a team approach including parental involvement.
- The
Atlantic Provinces Special Education Authority (APSEA) is an interprovincial
cooperative agency which provides educational services,
programs, and
opportunities for persons from birth to 21 years of age with low incidence
sensory impairment. Programs and services
offered by APSEA are designed to
support school districts in their service to children and youths who are deaf,
hard of hearing,
blind, or visually impaired and who are residents of Atlantic
Canada. The agency continues to support students who can be successfully
integrated into the public school system.
- In
1997, the Department of Community Services completed the relocation
of 100 mentally and physically disabled children from institutional
care to community based living arrangements.
- The
Provincial Parks Act provides opportunities for exploration,
understanding and appreciation of Nova Scotia’s natural and cultural
heritage through
interpretation, information and educational programs. The
parks are open to everyone for day use free of charge. Several have had
facilities installed to make them accessible to persons with mobility
restrictions.
Special protection measures
Article 37: Children deprived of their liberty
- The
Corrections Act provides for the safe custody and security and
rehabilitation of offenders and for the integration of offenders into the
community
while at the same time providing adequate safeguards for the public.
Regulations under this Act provide that all persons deprived
of their liberty
shall be treated with respect for human dignity.
Article 40: Administration of juvenile justice
- The
administration of the Young Offenders Act (which is federal legislation)
is the responsibility of the provinces. Under this Act, young offenders are
segregated from adults
and treated appropriately to their age and legal status.
In Nova Scotia, young offenders aged 12 to 17 are dealt with through the
Department of Justice.
- The
Young Offenders Act provides that the rights and freedoms of young
persons include a right to the least possible interference with freedom that is
consistent
with the protection of society. Reflecting the belief that emphasis
should be placed on community-based alternatives for young offenders,
Nova
Scotia has consistently had one of the lowest rates of youth incarceration in
Canada.
- In
1997, Nova Scotia completed a comprehensive review of its alternative measures
program. The evaluation concluded that the program
was very successful in
assisting in the rehabilitation of young offenders through its emphasis on
responsibility, restitution and
reconciliation.
- The
Province of Nova Scotia recognizes the importance of culturally-specific
programs to address the unique circumstances of aboriginal
young offenders. The
province and the federal government have provided funding for the operation of
an Aboriginal Young Offenders
Program, which uses healing circles and other
traditional responses to promote reconciliation between young offenders and
their community.
- The
Young Persons Summary Proceedings Act establishes the procedures for
dealing with juvenile offenders aged 12 to 17 who break provincial and municipal
laws. Young persons
under the age of 12 years may not be convicted of an
offense. The Act provides for warnings, charges, or an alternative measures
program similar to the alternative measures program under the Young Offenders
Act. Alternative measures include rendering community service, writing
letters of apology to the victims and researching and writing
articles on crime
and punishment.
Article 19: Protective measures
- The
Province of Nova Scotia implemented a Framework for Action Against Family
Violence in 1995. The Framework was designed to improve
the response of the
justice system to victims of spousal or partner violence. Pro-charge,
pro-arrest, pro-prosecution policies were
put in place and all justice workers
in the province (police, Crown attorneys, court officials, corrections and
victim service workers)
received intensive training. Funding was provided to
community agencies to provide enhanced victim support services. A tracking
system was established to monitor the response of all justice components to
incidents of spousal or partner abuse. Preliminary results
from the tracking
system indicate that charge rates have improved significantly. A primary
rationale for the implementation of the
Framework was the protection of children
who are adversely affected by witnessing violence between adults with whom they
are living.
The Framework provides strict directives for police reporting of
abusive situations to child welfare authorities in order to protect
children.
- In
partnership with volunteer organizations and police agencies, the province has
implemented a protocol for screening volunteers
applying to work with children
and other vulnerable populations. The program involves police record checks and
other collateral
background checks as well as a training program and resource
materials to sensitize volunteer organizations to the need to undertake
intensive screening to protect vulnerable populations from potential
abuse.
- In
1996, the Department of Justice in cooperation with the Office of the Ombudsman
established a process to enable young people in
the youth correctional system
with a confidential process that facilitates a right to be heard with respect to
complaints. This
Registry of Complaints is in addition to existing policies
that require all allegations of abuse alleged to have taken place at youth
facilities to be investigated by relevant criminal and civil
authorities.
Article 33: Drug Abuse
- The
Department of Health sets standards for and funds non-governmental Regional
Health Boards which operate hospitals, produce primary
care plans, and provide
pubic health and drug dependency services. Those Boards operate a specialized
drug dependency service for
adolescents who are harmfully involved with alcohol
or other drugs. The Choices program is offered for youth aged 13 to 19 and
their
families. It offers a broadbased treatment approach which includes group,
individual and family therapy, skill development, education,
selfhelp,
lifeskills and leisure and recreational activities. The program services
include the following: assessment; outpatient
and inpatient program; day
program; support group; oneday workshops; parent information program and other
short intensive training
programs.
Article 32: Economic exploitation
- The
Labour Standards Code stipulates that children under the age of 14 may
not work for more than eight hours in any day or for more than three hours
on any
school day unless the child has an employment certificate under the
Education Act. Children under 14 cannot work after 10 p.m. and
prior to 6:00 a.m. nor can they be employed to do work that is or is likely to
be unwholesome or harmful to his or her health or development or interfere with
school attendance. Children under 16 cannot be employed
in an industrial
undertaking, forest industry, garages and automobile services stations, hotels
and restaurant, theaters, dance halls,
shooting galleries, bowling-alleys,
billiard and pool rooms or in the operation of elevators. The total hours of
combined school
attendance and employment cannot exceed 8 hours in any one day.
The responsibility of ensuring that children do not work in contravention
of the
Code lies with the parents, who may be subject to fine unless they can
demonstrate that the employment occurred without their
knowledge or
consent.
- The
restrictions on the employment of children under the age of 16 in certain
industries, as outlined in the Labour Standards Code, do not apply to the
employment of such children by their parent or guardian.
- The
Child Abduction Act provides for the enforcement of the Convention on
the Civil Aspects of International Child Abduction through the Department of
Justice.
Article 34: Sexual exploitation and sexual abuse
- The
Department of Community Services provides funding for a safe-house for
prostitutes in the Halifax Regional Municipality. The
safe-house is for those
women who wish to discontinue prostitution and who may need protection from
their pimps, especially if criminal
proceedings are underway in relation to
their pimps. The safe-house is a model program which other jurisdictions have
examined for
the purpose of assisting them in developing similar
programs.
- The
Department also provides funding to Stepping Stone, the drop-in centre program
for prostitutes where support is provided to prostitutes
and assistance is given
if they are interested in discontinuing prostitution.
Article 19: Protection from physical or mental violence,
injury or abuse
- The
Department of Community Services maintains a policy with respect to acceptable
discipline practices by care givers for children
in care and for all persons who
apply to adopt or foster in Nova Scotia. This policy includes the prohibition
of the use of all
forms of physical punishment. This policy has been in effect
in the foster care program since the early 1980s and was extended to
the
adoption program in 1992. This was undertaken as a result of the
Department’s joint commitment with other Departments
to zero tolerance of
family violence with respect to child abuse, spousal abuse and elder abuse. As
physical punishment was prohibited
by care givers in residential settings, group
homes and foster homes who care for children in care, it was inconsistent to
permit
the use of corporal punishment when children were being adopted or placed
in foster care. Furthermore, as the Department responsible
for the protection
of children from abuse, it was deemed very important to show leadership in this
area. David Gill, one of the
foremost researchers in child abuse has stated,
“Systematic educational efforts aimed at gradually changing this aspect of
child-rearing philosophy and developing clear cut cultural prohibitions and
legal sanctions against the use of physical force in
rearing children are likely
to produce over time the strongest possible reduction of the incidence of
physical abuse of children
(GIL, 1974B:167).”
Article 39: Physical and psychological recovery and social
reintegration
- The
Department of Community Services has made a substantial increase in funding to
the Phoenix Youth Programs organization. This
is an organization located in the
Halifax Regional Municipality and provides residential services, drop-in
services, supervised apartment
services and outreach program for street
youth.
- The
Department of Community Services conducted a major review of its placement
services for youth in the province. As a result of
the review, a report
entitled “Too Good To Lose” was produced and the Department has now
embarked upon major initiatives
for the implementation of the recommendations
contained in that report relating to the delivery of placement services for
troubled
youth. The recommendations include: the development of regional
programs and services; partnerships with other Departments of Government,
agencies, organizations and individuals; strategies which promote prevention and
early intervention; and, a redesign of the foster
care system.
PRINCE EDWARD ISLAND
- Prince
Edward Island’s contribution to Canada’s Second Report on the
Convention on the Rights of the Child will take the form of an update to the
First Report.
General Measures of Implementation
- The
Convention has been implemented through administrative, legislative, and
judicial actions. The Government of Prince Edward Island
believes that
educating the public about these rights is an important part of the
implementation process. School age children in
the province
learn about the Convention through the education system. The government
celebrates Child Day every March 20, recognizing the rights
of every child and
the value children provide to society. This is also a day to reflect on the
Convention and to ensure its objectives
are being met.
Definition of the Child
- The
Tobacco Sales to Minors Act (amended in 1995) prohibits the sale of
tobacco to minors under the age of 19, up from the previous limit of 18. The
Victims of Family Violence Act (proclaimed in 1996) defines
“child” as one who is unmarried and under the age of 18. The Act
also uses 18 as the watermark
for child status under the law. The definition of
“age of minority” (18), from the Age of Majority Act, is also
to be used in defining “adult,”, “full age,”
“lawful age,” “infant,” “infancy,”
“minor,” “minority,” and similar expressions in other
legislation where the words are undefined. The Family Law Act
(proclaimed in 1994) does not place an age limit on its broad definition of
“child”. A child under this Act is someone
whom a parent
demonstrates an intention to treat as a child.
General Principles
Non-discrimination
- The
Human Rights Act (amended in 1997) allows any person, who believes on
reasonable grounds that the Act has been contravened, to file a complaint with
the Human Rights Commission. The Act provides for a redress mechanism leading
to a binding decision by a panel of the commission.
The provincial public
school system has also moved towards a model that includes students with
learning disabilities in the classroom
with other students.
Best interests of the child
- The
“best interests” principle has been incorporated into relevant
provincial legislation. The Adoption Act prohibits any adoption that is
not in the best interests of the child. The Intercountry Adoption (Hague
Convention) Act adopts the principles enunciated in the Hague
Convention. Through this legislation, the province commits to ensuring that
intercountry adoptions are made in the best interests of the
child.
- The
Family Law Act provides for the granting of exclusive possession of the
family home to one spouse, upon a breakdown in the marriage. The factors
to be
considered in this application include “the best interests of the children
affected.” Further, the Act provides that the court may disregard
clauses in domestic (marriage) contracts which relate to the support, education,
moral training
or custody of a child, when the provisions are not in the best
interests of the children. Under the Victims of Family Violence Act
(proclaimed in 1996), a justice of the peace may make an emergency protection
order after considering several factors including “the
best interests of
the victim or any child”. In certain situations, a judge may make a victim
assistance order including access
to children. However, the safety and
well-being of the children
must be given paramount consideration. The Act allows the judge to prohibit
the publication of a hearing or any matter connected
with an order if to do so
would be in the best interests of a child.
- The
courts in Prince Edward Island have given full effect to the legislative
provisions noted above. In Prince Edward Island (Director of Child
Welfare) v. G. (C.) (1996) 144 Nfld. & P.E.I.R. 112, the court noted
that the Director of Child Welfare had a duty to nurture a motherchild
relationship where the mother is unable to care for the child and a guardian has
been appointed. Further, the court performed an
in-depth analysis of the
child’s best interests in determining custody issues. In Heller v.
Heller, the court granted exclusive possession of the matrimonial home to
the mother. The mother had custody of the daughter and it was
in the
child’s best interests to remain in the matrimonial home.
Right to life, survival and development
- The
Family Law Act (amended in 1995) dictates that every parent is obliged to
support his or her children to the extent he or she is capable. The only
exception to this occurs when a child over the age of sixteen has withdrawn from
parental control. The Act determines that the amount
of child support to be
paid where the children reside with one parent is to be determined by the Child
Support Guidelines issued
by the Federal Government.
Respect for views of the child
- The
Intercountry Adoption Act requires that consideration be given to the
child’s views in determining what is in his or her best interests. The
Change of Name Act requires a child aged twelve or older to consent to a
change of his or her name. The Family Law Act dictates that the court
consider the child’s views and preferences when determining what is in his
or her best interests.
- Courts
in Prince Edward Island have appropriately applied the “views of the
child” principle. In Griffin v. Griffin, the Supreme Court of
P.E.I. considered the children’s wishes in deciding to vary a custody
order. The Court ruled in Livingston v. Underwood that the views of the
child must be considered in determining the child’s best interests. This
case also enunciated the principle
that a child is entitled to a full
relationship with both parents.
Civil Rights and Freedoms
- The
Canadian Charter of Rights and Freedoms protects the rights and freedoms
of children. Prince Edward Island, through the Human Rights Act,
provides protection from discrimination on religion, ethnicity, nationality and
other grounds. The Employment Standards Act also prohibits
discrimination in employment situations.
- The
Vital Statistics Act R.S.P.E.I. 1988, Cap. V-4 has been repealed. It has
been replaced with the Vital Statistic Act (proclaimed 1996). The new
Act continues to provide for the registration of the birth of a child by name as
outlined in our previous
report. The Act also
requires the Director of Vital Statistics to maintain precise files in cases
of adoption. These controls allow for the child’s
original identity to be
preserved while maintaining the child’s adopted identity in the current
records. The Adoption Act provides that a parent who is a minor may give
valid consent for adoption.
Family Environment and Alternative Care
- The
Family and Child Services Act (amended in 1994) provides for the support
and guidance of children in need. The Act prohibits any custody of a child who
is less
than 14 days old. The Family Law Act provides for access to both
parents in cases where the parents no longer reside in the same home. In 1997,
the Maintenance Enforcement Act was amended. The Director of Maintenance
Enforcement can suspend or revoke the driver’s license of an individual
who is not
complying with support payments to children.
- The
Victims of Family Violence Act gives protection to children who are
exposed to violence in the home. The Act allows for victim assistance orders to
be issued and
often for the “victim and children to remain in the home
while the abusive person will be removed”. Police officers
have been
trained in the use of the provisions of the Act. The Community Legal
Information Association of Prince Edward Island has
published pamphlets on the
Act and on child abuse and neglect.
- A
national foster care pilot program was launched in 1997 through the Department
of Health and Social Services. The implementation
of the project was
recommended under the Minister’s Foster Care Review Report of 1994.
Prince Edward Island is one of 6 jurisdictions
taking part in the pilot program.
The program requires social workers and foster families to do annual assessments
of children in
care. One goal of the program is to develop national standards
and outcome measurements for children in care.
- Also
in 1997, the PEI Child and Youth Initiative Fund was established and 27 programs
were given grants. These programs will address
children and youth issues
including teen pregnancy, violence prevention, peer helping, adolescent
addictions, and staying in school.
The initiative is coordinated by a committee
consisting of school principals, health professionals, community levels, parents
and
youth.
Basic Health and Welfare
- The
government of P.E.I. commissioned a report in 1993 entitled Youth, Families
and Communities: A New Paradigm for Action. The Report was a joint project
of government and the community to better serve the needs of children by
reorganizing the delivery
of services. In 1994, the implementation of the
report’s recommendations began. By April of 1997, 71
of 73 recommendations
had been at least partly implemented. A review
of the status of the Island’s children shows small incidence of low birth
weight,
low infant death rate, and high immunization rates (above 90
percent).
- Prince
Edward Island had the second highest rate of labour force participation of
married mothers with preschool children. The provincial
rate for single mothers
was 78.9 percent compared to the national rate of 47.3 percent. The province
has the lowest incidence of
low incomes for children in Canada. The provincial
rate is 11.3 percent. In June 1997, the Department of Health and Social
Services
introduced a new whooping cough vaccine. The new vaccine provides
better protection than the old one and should decrease the number
of cases that
occur each year. Previously, in 1996, the government implemented a Measles
Elimination Campaign, which was the immunization
of 92 percent of the population
in Grades one to twelve.
- The
report included information on the programs funded through the Youth
Initiative Fund. These programs included Help Every Aboriginal Learn
(HEAL) and a teen moms workshop dealing with issues specific to teenage
parenthood. The aim of the HEAL program is to direct aboriginal youths
towards supporting themselves and getting support from their families and
communities. The
review also identified 6 goals for the next 5 years
(1997-2002), including a family strengthening focus to develop healthy
environments
for children and youth. One of the recommendations was the
adoption of School Health Teams in several schools based on the Healthy
School model. The model is designed to enhance the quality of education by
addressing the physical, social, emotional and safety needs
of children while at
school. Healthy lifestyles and peer drug prevention education is also
incorporated into the school system.
The government plans to continue
implementing the youth report recommendations and to continue the Child and
Youth Initiative program.
- In
September 1996, provincial representatives attended a national meeting covering
issues relating to children and social services.
The government lobbied in
favour of adopting a National Child Benefit to aid children of low-income
families. Governments across
Canada have subsequently agreed to adopt such a
program. The National Child Benefit requires the participation of both federal
and
provincial governments. Under the program, the federal government will
increase income support to low-income families with children
while the
provincial government will make complementary investments in services and
benefits for children in low-income families.
- The
Department of Health and Education collaborated to provide early intervention
and treatment programs for children and youth at
risk. A provincial Healthy
Child Development Strategy was introduced at the planning stage. The strategy
will be based on the broad
determination of health, current research on child
development, parental and family support, readiness to learn, and community
partnerships.
- The
department of Child, Family and Community Services (within the Department of
Health and Social Services) promotes the health and
development of children and
youth. The Department has supported Family Resource Centres, Parenting
Programs, Child Sexual Abuse
Prevention, Adoption Services, Services for
Children with Special Needs, Student Assistance Program, Adolescent Addictions
Programs
and other initiatives relating to the mental and physical wellbeing of
children.
- The
Canadian Mental Health Association (P.E.I. Division) along with the Kiwanis
Club, published a directory titled “A Directory
of Self-Help Groups and
Community Resources in Prince Edward Island”. The directory is a useful
tool for both children and
adults who need
assistance in areas ranging from alcohol or drug addiction to support groups
for single parents and a wide variety of other services.
The directory was
created with assistance from the P.E.I. Department of Health and Social
Services. The Government of P.E.I. also
provides funding and support to many of
the groups listed in the directory.
Education, Leisure and Cultural Activities
- Among
the programs funded by the Youth Initiative Fund, was the Eastern
Kings: Planning for the Future project. This initiative sought to improve
career education, thereby giving students a better chance of success following
high school.
An Eastern School Board program, which identified the need to
address the transition from school to work for special needs children,
also
received funding.
- Children
have a right to free school privileges in public schools. This right extends to
secondary education, provided the student
is under the age of 21. Additionally,
postsecondary education is available to all students with the requisite
capacity. Financial
assistance for postsecondary education is provided by both
the federal and provincial governments. The School Act (proclaimed in
1993) provides the policies and procedures to be followed in the provincial
school system. The Act regulates attendance
and conduct at public schools.
Student responsibilities under the Act include observing the code of conduct,
attending classes regularly
and punctually, diligently pursuing his or her
studies and respecting the rights of others. Discipline of students shall be in
a
manner similar to that of a “kind, firm and judicious parent, but shall
not include corporal punishment”.
- The
public school system is designed to provide students with the basic education
one needs to become self sufficient as well as introductory
vocational training.
This includes courses covering computers, mechanical work, woodworking,
accounting, art, and other vocational
courses. These programs are intended to
give the student an introduction to different possible careers; enabling the
student to
make informed career choices. Also incorporated into the public
school system is physical education. The physical and mental health
of students
is of prime importance to the government of P.E.I. Public schools provide
extra-curricular activities including competitive
and non-competitive sports
teams, music clubs, and drama clubs.
- The
Department of Education feels that integrating students with special needs into
the classroom benefits all students. This move
towards inclusion has resulted
in the hiring of more teacher’s assistants to work with students who have
special needs. This
model promotes diversity in the classroom and protects the
equal rights of all children to education and association.
- The
Department of Education promotes children’s rights. Some teachers
incorporate the Convention into the everyday classroom
atmosphere. This is done
by teaching the rights of the child in conjunction with classroom rules, rights
and responsibilities lessons.
The Convention is also taught with the new Grade
Nine Social Studies Curriculum in the course “Atlantic Canada and the
Global
Community”. Teachers make use of the various educational
information kits available from the United Nations.
Special Protection Measures
- The
Victims of Family Violence Act provides emergency protection to children
in situations of family violence. Under the Act, a justice of peace may make an
emergency
protection order if he or she believes that family violence has
occurred and that the situation is urgent enough to warrant such
an order. The
order can be made without notice to any other party. The order can make
provisions regarding the temporary possession
or property, including the family
home. The order can also restrain the violent activities of a person named.
The Act provides
for a more long term declaration, a victim assistance order, to
be made by a judge within ten days of receiving an application for
such an
order. The victim assistance order may contain the same provisions as the
emergency protection order, as well as orders
regarding access to children as
was mention above.
- The
P.E.I. Rape & Sexual Assault Crises Centre published a pamphlet titled
“How to Talk to Your Child About Sexual Abuse”.
The Centre and
other provincially funded organizations provide information and services to
children in crisis. The Department of
Community Affairs and Attorney General
has a Victim Services branch to help victims of crime as their cases proceed
through the justice
system. The program includes counselling, referrals, and
assisting with a victim impact statement to be used in court. The Executive
Office recently instituted the Premier’s Action Committee on Family
Violence Prevention. The Committee’s mandate is
to increase public
awareness of family violence with the goal of decreasing and eliminating this
problem.
- Canada’s
continued reservation to the Convention relating to youth detention has been
reviewed in this province. In Prince
Edward Island, it is occasionally
necessary to temporarily hold a youth in an adult detention facility, albeit
separate from the
adults in the facility. The financial impact of providing a
separate youth facility for these rare instances cannot be justified
in light of
the fact that the current system provides the same service as a separate
facility would. Holding young offenders separate
from adult offenders, we
believe, is akin to providing a separate facility and thus in line with the
spirit of the Convention.
NEWFOUNDLAND
- This
Report covers the period of January 1993 to December 1998.
General Measures of Implementation
Definition of a Child (Article 1)
- The
Age of Majority Act, 1995, S.N, c. A-4.2 stipulates that a person who
attains the age of 19 years attains the age of majority and ceases to
be a minor
person.
- The
province’s Occupational Health and Safety Regulations, C.N.R.
1165/96 prohibits a person under 18 years of age from being employed in a
silica process or any cleaning or maintenance work that involves
exposure to
silica. The Regulations also require candidates for blasting
certificates to be at least 19 years of age.
- The
Mines Safety of Workers Regulations, C.N.R. 1145/96 prohibits persons
under 18 years of age from being employed in the underground works of a
mine and persons under 20 years of age from being in charge
of equipment
used for hoisting, lifting or haulage; blasting with explosives, signaling for
putting machines in motion and those
under 21 years of age shall not be in
charge of hoisting and lowering workmen.
- The
following criteria are set out in the Radiation Health and Safety Regulation,
C.N.R. 1154/96:
- Radiation
Technician in training means a person 16 years of age or over who is exposed
routinely to ionizing radiation while receiving
instruction in radiation
technology and who is under the direct supervision of a qualified
worker.
- No person shall
use or prescribe the use of radiation installation or any radiation equipment
for the irradiation of other human subjects
unless that person is a person
acting under the direct supervision of a person who is over 16 years of age or a
student undergoing
a bonafide course in radiation installation relating to the
operation of radiation equipment under safety supervision satisfactory
to the
Minister.
- An owner shall
not employ a person as a radiation worker unless that person is at least
18 years of age.
- A student under
16 years of age shall not receive a dose to the gonads and bone marrow of 100
millirem in any one year during the
course of receiving
training.
- Students 16
years of age or older shall not receive a dose to the gonads and bone marrow in
excess of 500 millirem in any one year
in the course of required
training.
- Changes
in Acts identified in the First Report that stipulate age requirements
pertaining to children are as follows:
- Highway
Traffic Act, 1990 RSN, c. H-3 - Pursuant to section 53(1) a person 16 years
of age may apply as a novice driver and be issued a licence.
- Land
Surveyors Act, 1991, SN, c. 37 - There is no longer an age requirement to
practice as a land surveyor.
- Limitations
of Actions (Personal) and Guarantees Act was repealed in 1995 by the
Limitations Act, 1995 SN, c. L-16.1. That Act stipulates that a
person is under a disability while that person is less than 18 years of
age.
- Pharmaceutical
Association Act, 1994 SN, c. P-12.1 - no longer an age requirement to
register as a candidate.
- Youth
Advisory Council Act, 1990 RSN, c. Y-2 - has been repealed.
General Principles
Non-Discrimination (Article 2)
- The
Human Right Code, 1990 RSN, c. H-14 was amended in 1997 to add sexual
orientation as a prohibited ground of discrimination.
- As
a measure to ensure protection against discrimination, the Department of
Education has implemented a variety of educational programs
aimed at teaching
children about human rights and discrimination. Some of these programs are
highlighted below.
- A curriculum
module for each level of schooling entitled Balancing Students’ Rights
& Responsibilities has been developed to help students learn and
understand, respect and promote basic human rights for all.
- What Do you
Think: A Youth Peer Information Package on Violence discusses
discrimination, abuse and provides information for the
disabled.
- A Global Issues
course covers information about human rights and
nondiscrimination.
- Kindergarten-Grade
12 Foundation Document for Social Studies covers student rights and
non-discrimination.
- Religious
Education Outcomes for Grades Kindergarten - 12 deal with students needs,
morals, values, decision-making, the importance
of family and community, the
combating of prejudice, discrimination and poverty.
- The
Province of Newfoundland and Labrador has a large rural population. Many
children attend rural schools. To provide these students
with a more
comprehensive education program the Department of Education has provided a
number of services including access to the
Internet for all schools; specialized
courses presented through a distance education program for small rural schools;
and small schools
in some rural areas have been designated “necessarily
existent” and have received teacher allocations higher than they
would
normally qualify for.
- There
has been a working group established at the Department of Education to examine
ways to increase female enrolment in post secondary
non-traditional fields. One
of the aims of this group is to develop and implement activities to improve
awareness of training opportunities
in non-traditional fields by female high
school students.
Best interests of the child (Article 3)
- The
Child Care Services Act was assented to in June 1998 and proclaimed in
June 1999. The new Act outlines standards of quality for child care
services for children and families in a variety of settings such as licensed
child
care centres, individually licensed family child care
homes and licensed family child care agencies. It regulates the provision of
child care services and permits day-care services for
children under the age of
2 years. The Act permits and regulates the provision of child care services in
a person’s home where
there are not more than 6 children. All
child care services must be licensed under the Act.
- Public
institutions, including schools, are subject to national, provincial or
municipal building codes as well as guidelines for
air quality, sanitation and
other factors. Building plans are also subject to review and there are
restrictions placed on occupancy.
- The
Province of Newfoundland spends a significant part of its annual budget on
education. The Department of Education comprises four
major expenditure
categories: (a) Executive and Support Services; (b) Primary, Elementary and
Secondary Education; (c) Advanced Studies
and (d) Literacy, Library and
Information Services. In the 5-year period from 1993, Government has spent
approximately 1/4 of its
budget on education. In the fiscal year 1998, the net
expenditure on education was $713,561,900.
- Teacher
training programs focus on the teachers’ ability to respond to the needs
of individual children. That ability to respond
is also the focus of their
continuing inservice education.
The right to life, survival & development (Article
6)
- The
Department of Health & Community Services, in partnership with Health &
Community Services and Integrated Health Boards,
and with the co-operation and
support of community groups, offers a variety of services to help children,
youth and families. Included
in these are programs for parent and child health,
addictions, mental health, speech and language pathology, public health nursing,
child care, family preservation and support, residential alternatives, and
financial resources. Building community capacity to help
in identifying and
meeting the needs of children, youth and families is a consistent goal
throughout the province. The expansion
of Family Resource Centres throughout
the province is helping in the ability to provide needed programs and services
in the many
communities where children, youth and families
reside.
- The
registration of deaths of children are recorded by the Center for Health
Information and by the coroner’s office. The investigation
of deaths is
carried out by the police forces within the Province as well as the
coroner’s office.
- From
an education perspective, the Department of Education has, through its strategic
planning process, outlined 3 goals and 10 desired
outcomes to address critical
provincial priorities in education. This strategic education plan is a general
framework by which
decisions will be made about intended outcomes, about how
these outcomes will be accomplished and about how progress toward achievement
of
the outcomes will be measured and calculated.
Respect for the views of the child (Article 12)
- The
programs, policies and standards which have been developed to guide professional
practice in delivering services to children,
youth and their families direct
that children, youth and their families be involved in decisions which affect
them.
- The
Adoption Act, R.S.N. 1990, Chapter A-3 states that children under age 12
years should have input into their adoption where feasible. In addition,
children may have input into the development of openness agreements in an
adoption situation when they are old enough to express
their views. Program
policies and standards will follow the principles and best interests of the
child as defined in the Act and
will ensure children’s views and wishes
are considered.
- The
Schools Act, 1997, SN, c. S-12.2 provides for a school council that is an
elected advisory body for each school in the province. It is comprised
of
administrators, teachers, parents, members of the public and, in high school,
students. This gives children, as well as others,
an opportunity to make
representations with respect to school concerns.
- In
addition to all legal requirements under the Criminal Code of Canada and
the Young Offenders Act, the Province adheres to the following standards
for the administration of youth justice:
- community based
alternatives to judicial proceedings are considered and used widely in
appropriate situations;
- the least
restrictive and most community based form of custody is used, where custody is
necessary;
- early release
from custody is pursued where alternatives are available;
- the
administration of all sentences involve a strong rehabilitative
component;
- strict standards
apply to custody environments with respect to full time supervision, nutrition,
exercise, family contact, community
access, and legal rights;
- all youths in
custody must be involved in programming related to school enrolment, work
participation, counselling, and other positive
daily routines;
- social work
services and other individualized treatment services are available to all
youths, whether in custody or not.
Family environment and alternative care
Parental guidance and the child’s evolving capacities
(Article 5)
- The
Child Welfare Act, 1990 RSN, c. C-12 directs that in determining the best
interests of the child for the purposes of the Act, the child’s cultural
and religious heritage shall be considered.
- The
parents of the child have the first responsibility for care, however, if the
parents are unable to care for the child, the Director
of Child Welfare will
consider a placement with a relative before placing the child in foster
care.
Parental responsibilities (Article 18, para. 1-2)
- The
responsibility for regulating day-care services falls within the mandate of the
Department of Health and Community Services.
However, through the National
Child Benefit reinvestment program the Department will be increasing its
financial assistance to families
requiring private child care. This initiative,
which commenced in October, 1998, will assist in eliminating child care as a
barrier
to employment for low income families and for families trying to exit
the Social Assistance Program through employment. It will
reduce the additional
financial strain on low-income families who have to access private child care
and enhance the likelihood of
low-income families being able to purchase quality
private child care. The initiative only applies to families who cannot access
licensed child care.
Separation from parents (Article 19)
- If
a child who is in the permanent care of the Director of Child Welfare is placed
for adoption under the Adoptions Act, 1990 RSN, c. A-3 the Director will,
where it is in the child’s best interest, maintain contact with the
natural parents.
Abuse and neglect (Article 19) including psychological
recovery
and social reintegration (Article 39)
- The
Provincial Strategy Against Violence was formulated on a recognition that
solutions to the problem of violence against women, children, elderly and
dependent adults must
be a collaborative effort between governments, key
stakeholders, and the community. There are 2 goals of the Provincial
Strategy;
one related to prevention and the other related to service delivery.
The Coordinating Team of the Strategy consists of representatives
from the
Women’s Policy Office, Departments of Health and Community Services,
Education, Human Resources and Employment and
Justice.
- A
number of education strategies pertaining to abuse and violence against children
have been completed by the Provincial Strategy
Against Violence. Work related
to the implementation of the Classroom Issues Report is linked to a number of
the strategies under
education. This report, which made a number of
recommendations regarding violence in the classroom, is being implemented by the
Department of Education and monitored by the Strategy team. Curriculum has been
developed on students’ rights and responsibilities.
In-service packages
have been prepared for non-violence crisis intervention, functional behaviourial
analysis, classroom management;
discipline, violence and safe schools; and child
maltreatment. Elementary Guidance Guidelines have been sent to school boards
and
a Policy and Resource Guide on Discipline, Violence and Safe Schools has
been presented to School Districts for implementation.
Television commercials
on violence prevention were developed and shown on local television in 1997.
Copies were sent to community
groups to be used in presentations and shown on
community television stations.
- The
Janeway Child Health Care Center (our provincial children’s hospital) also
has a child protection program where information
is maintained on children
presenting at the hospital for medical treatment. Particular attention is paid
where children present
with non accidental injuries. There are close links
between the children’s hospital, the Provincial Department of Health and
Community Services and the Health and Community Services and Integrated Health
Boards. Information on injuries and other child-related
problems are discussed
and monitored. In addition to medical treatment, the Janeway offers a number of
prevention programs and other
services and counselling to parents and
children.
- Children
in Newfoundland and Labrador who require in-patient treatment for mental health
problems are generally treated in the psychiatric
ward of the Children’s
Hospital. The hospital operates on a family-centered care basis and the views
of the child are important
to any decision if the child has the capacity to
consent. A parents consent is required for a child if he/she is a minor and
lacks
the capacity to consent for himself or herself.
- Children
who require out of home residential placements are usually placed in familybased
foster homes or group home care. The province
no longer operates orphanages.
Children can have input into placement resources, however, availability of an
appropriate resource
to meet a child’s needs may limit the choices
available. Wherever possible children are maintained with family or significant
others and in their own communities.
- The
Department of Health and Community Services, in partnership with Health and
Community Services and Integrated Health Boards, provides
an array of services
to children with disabilities and to their families. There is a special child
welfare allowance program to
enable parents to obtain services for their
children in their own home. The allowance will pay for any medical or
rehabilitative
care and respite care when deemed necessary. In addition there
is an ability for the Boards to provide financial resources to families
to
complete renovations to their home which may be required to accommodate the
child because of his/her disability. Children with
disabilities who cannot
remain in their own homes are cared for in family-based foster homes. There are
no institutions for children
with disabilities. Children can receive direct
nursing care in schools. They also can access student assistants. The Child
Health
Coordinators provide a link between school, services and
home.
- The
Departments of Health and Community Services, Education, Justice, and Human
Resources and Employment have endorsed the principles
of The Model For
Coordination of Services To Children and Youth With Special Needs in
Newfoundland and Labrador. This model includes
the use of a collaborative
planning process (individual support services plans), which includes the child
and family as equal partners
in the identification of the needs/services
required to ensure healthy child development.
- This
province has implemented new Child Care Services legislation which increases the
array of child care options available for children
and in particular provides
for licensed family based child care and licensed infant care. There has also
been an increase in the
number of subsidies available to parents to purchase
quality child care for their children.
- The
Department of Education has undertaken a number of initiatives to foster
protection from abuse and neglect including: course material
covering the
disabled child, child abuse and neglect; development of a maltreatment module to
help teachers and other service providers
to identify students who may have been
maltreated; development of policy, guidelines and resource guides on discipline,
school violence
and safe school teams by an interagency working group and
production of same by the Department of Education to introduce the concept
of
the safe school team and its role and functions in the development of school
district and school policies and strategies on discipline
and violence.
Basic health and welfare
Disabled Children (Article 23)
- Service
providers in the Departments of Education, Health & Community Services,
Human Resources and Employment, and Justice have
devised an interagency approach
to meeting the needs of children and youth: Co-ordination of Services to
Children and Youth in Newfoundland and Labrador - Individual Support Services
Plans and its counterpart, Profiling the Needs of Children/Youth.
The Department of Health & Community Services provides services to
adolescent mothers before and after they give birth. The
Department will
identify and put in place an individual support services plan which will be
referred to and built on by educators
when any child with special needs begins
to attend school. This helps government identify needs and transfer personnel
to meet those
needs in areas of the province which may not have those services
available.
- All
small schools are allotted a half unit non-categorical special education
teacher
to meet the needs of disabled students regardless of how many
students are in the
school.
- Students
with severe emotional/behaviourial disorders, severe learning disabilities and
health, neurological and related disorders
can access additional categorical
special education teaching units.
- Disabled
students can access the services of educational psychologists, visual and
hearing itinerant teachers, speech language pathologists,
guidance counsellors
and non-categorical special education teachers, as well as the categorical
special education teachers, should
they have severe needs.
- Student
assistants are provided by the Department of Education to provide support for
students who have severe cognitive delay, severe
physical disability, severe
behaviour disorder or who are deaf or legally blind.
- Government
works with interest groups and partners with community agencies in providing
services to and for the education of disabled
children.
Standard of Living (Article 27 - para. 1-3)
- Parents
who cannot provide financially for their children may avail of a needs tested
social assistance program which includes a needs
assessment of a family’s
expenses as compared to its income and liquid assets. Assistance includes
income support, rental
allowances and special allowances for clients such as
single parents and those with special needs. Rules for assistance are
established
by regulation under the Social Assistance Act, 1990 RSN, c.
S-17. Eligibility for income support also allows access to a broader range of
services such as health benefits and
low rental housing.
- The
province is a participant in a joint federal/provincial/territorial National
Child Benefit initiative. This initiative is aimed
at preventing and reducing
the depth of child poverty and promoting an attachment to the workforce. This
initiative begins to remove
child benefits from welfare, assist people with the
cost of raising children, and make it easier for low-income parents to support
their families through employment without resorting to welfare. It allows for
federal monies to replace provincial social assistance
monies payable for
children, provided that the receiving province reinvests such savings into
programs for low-income families with
children. This province elected not to
claw back provincial monies thereby providing these needy families with
additional income
above the federal allocation. However, the province also
implemented a range of reinvestment programs including an extended drug
card
coverage which is available for a period of 6 months for families with dependent
children who leave social assistance for employment.
- Some
schools in the province offer a school lunch and breakfast program providing a
hot and nutritious lunch and/or breakfast for
children. Government contributed
$1 million to the School Lunch Foundation in 1998.
Education, Leisure and Cultural Activities
Education, including vocational training and guidance (Article
28)
and aims of education (Article 29)
- The
Schools Act, 1997 SN, c. S-12.2, section 3 states that a person who on
December 31 in a school year is five years of age or older and younger
than 21
years of age and who is a Canadian citizen, lawfully admitted to Canada for
permanent residence, a child of a Canadian citizen,
or a child of a person who
is lawfully admitted to Canada for permanent or temporary residence is entitled
in that year to an education
program. The Board has the discretion to admit a
person over 21 years of age to an education program. Attendance at school is
compulsory
for those between the ages of 6-16. There are no enrolment or
attendance fees.
- For
post-secondary education, financial assistance is provided through the Canada
Student Loans Program, the provincial financial
assistance program and the loan
remission program.
- The
Department of Human Resources and Employment provides summer employment programs
which allow high school students and post secondary
students to gain meaningful
work experience to help them choose their career paths, acquire new skills,
implement previously learned
academic skills, enhance their employability, and
develop a strong attachment to the labour force. Minimum age eligibility for
these
programs is defined in accordance with the Labour Standards Act,
1990 RSN, c. L-2. Assistance is provided to employers in the form of wage
subsidies, and directly to students through tuition vouchers,
which are
recognized by postsecondary institutions in all provinces.
- There
have been a number of localized Head Start initiatives for children from
disadvantaged backgrounds.
- In
co-operation with the Federal Government the province provides a number of
supplemental programs for Aboriginal students. These
programs include
instruction in their own languages, study of Aboriginal cultures, development of
specific curriculum materials,
special training for Aboriginal speakers and
teachers of Aboriginal students.
- In
schools with Aboriginal students, government has generally assigned additional
staff in order to meet the needs of those students.
In the past several years
the province has allocated considerable financial resources in order to enhance
the school facilities
in aboriginal communities. This includes both
construction and renovation.
- Guidance
counsellors make administrators, teachers, and students aware of their services,
some of which are counselling, guiding,
consulting, assessing, providing
information services and researching. Guidance counsellors educate, counsel and
refer students
as required with regard to sexual exploitation and abuse,
neglect, drug abuse, discrimination, decision-making, making course choices,
post-secondary choices (private schools, colleges, university) and funding,
among other things.
- The
Department of Education provides high schools with the latest version of the
Choices Program, career software which students can use to access the
following information: assessment of interests, information on occupations,
education and training and a career planner and letter writer.
- Some
high schools have a Work/Study Program which allows students who have had very
little work experience to learn on the job skills
in a community work setting.
The Cooperative Education Program exists for the more mature student who knows
what she/he is interested
in doing in post-secondary school and possibly as an
occupation after graduation. The student will have an individualized plan which
includes in-class work and on-the-job training. Both these programs are an
important link with school academics which may motivate
a student to work harder
in school to become whatever she/he has decided after graduation or they may
motivate a more informed career
choice.
- Through
funding from the Canada/Newfoundland Agreement on Economic Renewal, a market
analysis was conducted to match the needs of
various countries with the
capabilities of our province in the area of distance education, new media
learning, and consultative services.
Generally, developing countries have
expressed a significant need to improve the primary health
care and education levels of their populations. As a result, this province
is in the process of converting for distance delivery
a number of courses and
programs aimed at meeting this market. In the health area, the following
programs are in varying stages
of development:
- Emergency
Medical Attendant;
- Office
Administration (Medical).
In the education area, the following
programs are being converted:
- Bachelor of
Education (Intermediate/Secondary);
- Diploma in Rural
Education and Telelearning;
- Early Childhood
Education;
Once these programs are available for delivery
internationally, the indirect result would be the improvement in the quality of
life
for the citizens of the targeted countries, especially children.
- Other
initiatives funded under the Economic Renewal Agreement include support to the
International Office at Memorial University which
is involved in projects in a
number of countries. Also, support is provided to the Open Learning and
Information Network (OLIN)
which is undertaking a number of initiatives in
developing countries. Most recently, OLIN has secured a $25,000 contract from
the
Acacia Project of the International Development Research Centre (IDRC) to
develop distance learning applications at multi-purpose
telecentres in Sub
Saharan Africa.
- A
number of international memoranda of understanding have been signed between the
College of the North Atlantic, Memorial University
and institutions in other
countries. There have also been agreements between the Department of Education
and other international
organizations that have a potential training component.
Many of these have the potential to impact education and facilitate access
to
scientific and technical knowledge and improve teaching methods in developing
countries.
- Government
has taken a number of initiatives to address youth unemployment. Some of the
more significant initiatives are discussed
below.
- In
August, 1998, the Government of Newfoundland and Labrador released its
People, Partners and Prosperity: a Strategic Social Plan for
Newfoundland and Labrador. The strategic social plan is a framework for
social action which identifies government’s major social strategies and
sets
its long term goals for this area. The plan also sets out a community
development process which will engage people, communities
and regions in working
with government to achieve social and economic prosperity. It establishes broad
strategic goals related to
people’s general well being, employment and
economic security and to community stability. Strategic directions for social
development includes building on community and regional strengths, integrating
social and economic development and investing in people.
The goals for
strategic social development include vibrant communities where people are
actively involved; sustainable regions based
on strategic investment in people;
self reliant, healthy, educated citizens living in safe communities; and
integrated and evidence-based
policies and programs. Five years following the
implementation of the strategic social plan, government will conduct a social
audit
which will indicate what is working, why, how and for
whom.
- The
Premier’s Council on Social Development was appointed to provide expertise
in matters relating to social development and
to reflect the views and regions
of the province. The Council will play a significant role in advising
government with respect to
achieving the goals and objectives of the plan. The
Social Policy Committee of Cabinet, assisted by the Chairs of the Cabinet
Committees
for Economic Policy and Rural Revitalization, together with the
Ministers of Finance and President of Treasury Board will be responsible
for the
plan. Government will also partner with regional boards to achieve the
plan’s implementation. These boards include
the Health and Community
Service Boards, the school boards and the economic development boards. Working
in cooperation with these
regional boards, partnerships with community groups
will be established to implement the plan at a local level.
- Provincial
government departments of Education, Human Resources and Employment, and
Development and Rural Renewal, in cooperation
with Human Resources Development
Canada and the Atlantic Canada Opportunities Agency (ACOA) and in consultation
with community stakeholders,
have developed a Provincial Youth Employment
Action Plan. The action plan highlights youth employment issues in the
province and focuses on a process to improve and better coordinate federal
and
provincial youth programming. It acknowledges that employment issues are
affected by various other issues including education
and training, labour market
issues and social policy, and it highlights the need for cooperation across
governments, business, economic
development and social agencies. It outlines a
process to ensure that at-risk youth are provided with personalized
multi-disciplinary
support through a case management process, over the required
period of time to lead them to full employment.
- It
is clearly recognized that the level of employment is directly related to level
of educational attainment and that illiteracy is
therefore a serious impediment
to employment. The Government of Newfoundland and Labrador, through the
Department of Education,
has developed a comprehensive literacy plan for the
province. The literacy plan, which will target all persons with low literacy
levels, including youth, will form part of the province’s strategic social
plan.
- Futures
in Newfoundland and Labrador Youth, (FINALY) is a provincial youthorganized
and youth-run agency which was established to involve young people in regional
economic
development. Many young families and young people are leaving rural
Newfoundland communities since the decline of the Atlantic ground
fish industry,
thus placing many of these communities at risk. FINALY, with support from the
provincial government and ACOA, involves
youth in directly addressing this
problem.
- Cooperative
education and youth internship programs are widespread in the high schools in
Newfoundland and Labrador and provide students
with an opportunity for
“hands on” career exploration, work experience, and development of
employability skills. Youth
apprenticeship has also been piloted in the
province and assessed to be worthy of expansion.
- Tutoring
for Tuition is a high school program which provides students who are in
their last two years of high school an opportunity to earn tuition vouchers
to
post secondary education by tutoring other students who are experiencing
academic difficulty and who cannot afford tutoring services.
The tutors are
students who have the personal and academic qualifications to be tutors and who
have financial need.
- Newfoundland
and Labrador has eleven school boards and twenty regional economic development
zone boards. Regional Economic Development and Schools is a program
supported by the Newfoundland and Labrador Department of Education and the
Atlantic Canada Opportunities Agency, which
assists schools and school districts
to review their development within the local community, assess their needs and
compare them
to the economic needs of the zone, develop plans that assist in the
transition of their students, and implement initiatives based
on awareness of
local economic opportunities in keeping with zonal strategic plans. The program
serves to link students in declining
rural communities with economic
opportunities identified through the regional economic development
boards.
- The
Classroom Issues Report of 1995 examined behaviour, gender equality, quality
of work life and services for children with special or challenging needs in
Newfoundland
and Labrador schools. Upon acceptance of the recommendations of
the report, the provincial departments of Education, Health, Justice,
and Human
Resources and Employment committed to implementation of the Model for the
Coordination of Services to Children and Youth. The Model is designed to be
child centered and child focused and outlines a process for collaboration at the
child/youth/family,
regional and provincial levels. It includes standards of
practice, policies, protocols, informed parent/child, and common consent
and it
endorses the need for an interagency approach in the design and delivery of
programs and services. The Model includes a planning
process known as the
Individual Support Service Plan (ISSP). This plan allows all relevant service
providers, parents/guardians,
and children to be partners in the
child’s/youth’s service/program plan. The process is based on the
premise that a
comprehensive coordinated plan will reduce duplication of effort
and decrease confusion for families. The ISSP is
based on and reflects the
identified strengths and needs of the child. The model also endorses a process
whereby the needs of children
and youth will be profiled. Information will
allow departments and agencies and regional teams to determine gaps and overlaps
in
service provision.
- The
Provincial government’s reinvestment under the National Child Benefit
Program will provide $2.8 million to develop coordinated,
Regional Youth Service
Networks, in partnership with existing community programs, to support at-risk
youth 12-18 years of age, with
an emphasis on prevention and early intervention
support services such as peer counselling, selfhelp, mental health services, and
back-to-school initiatives. This initiative will be designed to help young
people make successful transitions from school to independence
and
adulthood.
- The
Getting the Message Out (GMO) program is a federal and provincial
initiative delivered by the Department of Development and Rural Renewal. The
program is
aimed at strengthening positive attitudes about the abilities and
skills of Newfoundland and Labrador firms and entrepreneurs thereby
encouraging
people to participate as entrepreneurs or to be supportive of those who do.
Another goal is to promote the value of
lifelong learning and to accomplish this
the GMO introduces various target groups to people who, by their own efforts,
have created
businesses and job opportunities. They are the good news stories
of our economy. These are the people who are doing it, right here
in
Newfoundland and Labrador. And that is the message which the program is
promoting: “We’re doing it. Right here.”
- Student
Work and Service Program (SWASP) is a program which enables students
entering or returning to post secondary education, to earn tuition vouchers by
participating
in community service activity with not-for-profit agencies or by
working for private sector employers. Since its inception in 1994,
the program
has targeted a portion of funding to social assistance clients and in a manner
whereby it did not negatively impact on
their level of income support from the
provincial Department of Social Services. An evaluation of the program showed
that it was
successful in assisting a substantial number of social assistance
clients to enter or continue their post-secondary education who
would not
otherwise have been able to do so.
- During
the past 2 years the Student Work and Service Program has been offered to single
parents on social assistance and to “students
older than average”
who are attending Memorial University of Newfoundland or the provincial public
College of the North Atlantic.
During the 1998 Canadian Association of College
and University Student Services annual conference in Ottawa, the Memorial
University
component of SWASP was nominated for and received the Student
Services Association of Canada’s National Achievement Award.
This award
was judged by a committee comprised of college and university student service
professionals from across the country.
The choice to recognize SWASP was based
on the program’s demonstration of creative partnerships that address
issues important
to post-secondary students. This component of SWASP provides
career development support to each student participant. Specific components
include individualized career placements, cohort-based workshops, development of
employment skills, self-assessment, and strategies
to overcoming barriers to
successful completion of their post-secondary studies. The provision of
transition counselling and ongoing
support from postsecondary studies to the
world of work is a hallmark of this award-winning program.
- Linkages
is a client-centered employment initiative which is brokered to communitybased
agencies. It offers at-risk youth, age 18 to 24 years,
who have not completed
post-secondary training, the opportunity to engage in 26 weeks of career-related
employment,
participate in bi-weekly group career planning workshops, and earn a training
incentive toward the cost of post-secondary education.
Employers are eligible
for a wage subsidy of $5 per hour up to a maximum of $5,720 per position for up
to 26 weeks. Youth earn
a training incentive towards education. Since its
inception in 1991, a minimum 50 percent of participants were social assistance
youth. Outcomes have demonstrated that 60 percent to 75 percent of program
participants have continued employment, entered academic
and/or skills training.
This program provides first-time job experience for at-risk youth with supports
from local employers. It
involves community-based agencies who are responsible
for facilitating the youth’s movement through the career planning process.
Youth are connected to a continuum of transitional services. The annual budget
is $500,000.
- Graduate
Employment Program is a program administered by the provincial Department of
Human Resources and Employment and targets post-secondary graduates who
have
been unsuccessful in finding employment and who are at risk of long term
unemployment. The program supports graduates to gain
work experience in their
field of study and provides a wage subsidy of 50 percent to a maximum of $10,000
for a 52-week placement.
- The
Council on Higher Education comprises senior officials from the provincial
Department of Education, presidents and other representatives
of public
post-secondary institutions in the province and a representative of the K-12
Directors of Education. The Council responds
to priority issues, facilitates
joint planning and provides for coordination of activities with the
post-secondary education sector.
The Council is presently undertaking research
on the difficulties experienced by secondary graduates entering post-secondary
institutions
and is also attempting to ease the transition between educational
institutions by facilitating the transfer of credits between institutions
and
developing a transfer guide and database for students.
Special Protection Measures
Children in Situations of Emergency
Refugee Children (Article 22)
- The
Province supports the efforts of Citizenship and Immigration Canada who have
responsibility for refugees throughout Canada. The
Province provides social
assistance benefits to legitimate refugees who are sponsored by an individual or
agency. As well, refugee
children under the age of 16 years fall under the
provisions of the provincial Child Welfare Act, 1990 RSN, c. C-12. Third
parties such as the Association for New Canadians and Refugee Immigrant Advisory
Council are contacted
by Citizenship and Immigration Canada to provide
assistance to refugees.
Drug abuse (Article 33)
- There
are in the province, statutory age limitations related to providing alcohol and
drugs, including cigarettes, to children and
youth. There are also statutory
restrictions related to allowing children/youth into lounges and/or
bars.
- Within
the Province there are a number of prevention initiatives/programs targeted at
children and youth. Included in these are the
following:
- Peer Drug
Education Program - youth leading youth discussions, with adult mentors, in
the school setting;
- Substance
Abuse/HIV-Aids Connection - offered to adults having regular interactions
with youth, e.g. teachers, counsellors, group home workers;
- Smoking
Cessation Education - offered to adults having regular interactions with
youth, e.g. teachers, counsellors, group home workers;
- Allied Youth
Program - youth groups run by youth who discuss various issues affecting
young people. The group focuses on leadership, positive life styles,
technology, global issues, community involvement, and celebrating youth
achievement. These groups have peer- led smoking and drama
initiatives. They
run Regional Rallies and have an annual Leadership Camp and Conference. The
Allied Youth Program has an elected
Provincial Executive and a Provincial
Advisory Committee;
- Communication
With Parent Groups - this program is run through counselling offices in
schools;
- Family Support
Groups - entire families, or parents, or youth, can come and discuss
alcohol/drug concerns which are affecting them;
- Training
Programs - offered to adults having regular interactions with youth, e.g.
teachers, counsellors, group home workers. These
programs address youth issues,
e.g. youth and drugs, fetal alcohol syndrome, gambling.
- A
full spectrum of drug assessment and treatment programs are available to youth
on an in- patient and out-patient or residential
basis as required. Youth are,
however, difficult to attract into services. Best practices studies are near
completion by the Federal
Government regarding youth and alcohol/drug prevention
and treatment issues.
- Newfoundland
and Labrador participates in an Atlantic Region Student Drug Use Survey, which
provides prevalence statistics and highlights
areas of particular
concern.
- Newfoundland
and Labrador, led by Memorial University in a community partnership, has
completed a Student Path Analysis Survey, which
provided information on
potential successful targeting of directions in which to point prevention and
treatment program options.
- Comprehensive
School Health Programs for Primary, Elementary, (an Intermediate program was
implemented in 1992) were developed and
implemented in schools throughout the
province.
- Towards
a Comprehensive School Health Program - A Health Curriculum Guide by
Division of Program Development, Department of Education, relates to every
aspect of a child’s/youth life including: the
intellectual, emotional,
social, physical, spiritual and moral development through the involvement of
home, school and community.
Topics covering articles listed at the primary
level include drug education, mental health and relationships. At the
elementary
level, topics include relationships, drug education and mental
health. The rationale in the adolescent level of the comprehensive
school
health program presents some statistics on smoking, alcohol, and illicit drug
abuse. The topics covered at this level are
as follows: drugssmoking and
alcohol, interpersonal relationships, other drugs and human
sexuality.
Sexual exploitation and sexual abuse (Article 34)
- The
Criminal Code of Canada is the legislation that deals with sexual abuse
and sexual exploitation and it defines a number of sexual offences against
children
and youth. The Criminal Code also defines the age at which a
child/youth can give consent to engage in sexual activity. It further specifies
when the consent
of a child/youth cannot be considered as a defense in a
criminal matter.
- There
are a number of early intervention and prevention programs offered throughout
the province to educate children, youth, and families
about sexual exploitation
and abuse. In addition there are a variety of community based treatment and
intervention services. The
provincial Department of Health and Community
Services, in partnership with other government departments, Health and Community
Services
and Integrated Health Boards, Women’s Shelters, local hospitals,
clinics, family resource centers, and other community programs,
work
collaboratively to respond to the sexual exploitation and sexual abuse of women,
children and youth.
- The
Child Welfare Act requires reporting of children who are at risk of or
who are being sexually abused or exploited. These children are then offered
the
necessary protections.
- The
Departments of Education, Human Resources and Employment and the Newfoundland
and Labrador Teacher’s Association have jointly
developed pamphlets
entitled Child Sexual Abuse Information for Families and Child
Abuse for Families, which were distributed throughout the
province.
- Throughout
the curriculum development and pilot process, standards and guidelines within
the Division of Program Development provide
direction for curriculum development
and the authorization of resources which address issues such as stereotyping,
inclusion and
personal safety.
Children belonging to a minority or and indigenous group
(Article 30)
- The
province is participating with the federal government in self-government
negotiations with the Innu of Labrador and the Labrador
Inuit Association.
Self-government agreements recognize Aboriginal governments with concurrent
law-making power within their lands
and communities. Aboriginal jurisdiction
covers areas such as aboriginal culture, language, government, education,
marriage, child
and family services, and adoption. Jurisdiction in social,
health and education programs and services are subject to certain conditions
and
standards. The Criminal Code and Charter of Rights and Freedoms
continue to apply and federal/provincial laws continue in matters of health and
public safety. There are also clear rules respecting
conflicts of
laws.
- The
province is also committed to devolving the administration and delivery of
normal provincial programs and services to provincial
Aboriginal groups as a
transitional step toward Aboriginal self-government. While provincial laws
continue to apply, devolution
provides Aboriginal groups an opportunity to
design and deliver culturally appropriate programs and services and to develop
the capacity
to administer and delivery their own programs and services under a
self-government regime.
PART III: MEASURES ADOPTED BY THE GOVERNMENTS
OF THE
TERRITORIES[*]
YUKON
General
- The
preamble to the Yukon Human Rights Act acknowledges that the Yukon
government has a responsibility to encourage understanding and recognition of
human rights consistent
with Canada's international undertakings and with the
initiatives taken by Canada and the provinces.
Definition of a child
- The
Age of Majority Act provides that for the purposes of any law within
territorial jurisdiction every person attains the age of majority, and ceases to
be a minor, on attaining the age of 19 years.
- Although
there is no legal minimum age for employment, the Employment Standards Board
can, under the Employment Standards Act, specify the circumstances and
occupations in which persons under 17 years of age may be employed, fix the
conditions of such employment
and prescribe the minimum age for such employment.
- Pursuant
to the Occupational Health and Safety Act, the Mine Safety Regulations
state that the minimum age of a worker in a mine shall be 16 years of age for
surface mines (excluding
the working face of such a mine); and 18 years of age
at an underground mine or the working face of a surface mine. All individuals
under the age of 21 years are prohibited from handling
explosives.
- The
Education Act provides for free educational programming appropriate to
individual needs for children over the age of 5 years and younger than the
age
of 21.
- The
Liquor Act prohibits any person under the age of 19 years from consuming
and purchasing liquor in the Yukon.
General principles
Non-discrimination
- Several
Yukon statutes contain clauses that prevent discrimination against children.
These statutes apply to all children in the
Yukon.
- The
Human Rights Act states among its objectives the advancement in the Yukon
of a public policy that every individual is free and equal in dignity and
rights, and the promotion of recognition of the inherent dignity and worth, and
equal and inalienable rights, of all members of the
human family.
- In
the fall of 1998, amendments to the Maintenance and Custody Enforcement
Orders Act and the Family and Property and Support Act changed the
definition of spouse to include both common-law and same-sex couples ensuring
that the provisions of these Acts apply equally to all
families.
- The
Women’s Directorate promotes the use of Gender-Based Analysis in all
policy and program work within government to work towards
equitable treatment of
the girl-child and women.
Best interests of the child
- The
best interests of the child is a central principle of the Children's Act.
Section 1 of the Children’s Act states that the paramount
consideration shall be the interests of any child affected by proceedings under
this Act, and, where the
rights or wishes of a parent or other person and the
child conflict, that the best interests of the child shall prevail.
Respect for the views of the child
- Section
30.1 of the Children’s Act states that in determining the best
interests of a child for the purposes of an application under this Act in
respect of custody
of or access to a child, the courts shall consider all the
needs and circumstances of the child including the views and preferences
of the
child, where such views can be reasonably ascertained. Provision is made for
the independent legal representation of children
in hearings under the
Children’s Act.
- Under
the Children’s Act, an adoption order shall not be made without the
written consent of the child, where the person proposed to be adopted is 12
years
of age or older and is capable of giving informed consent
Civil rights and freedoms
- In
the fall of 1998, the Children’s Act was amended to reinforce the
rights of grandparents to continue their involvement in their
grandchildren’s lives in the event
of family breakdown.
- The
Vital Statistics Act requires that the birth of every child born in the
Yukon be reported and registered within 30 days after the birth of that child.
- The
Children’s Act states that where practicable, a child shall be
placed with a family of his or her own cultural background and lifestyle,
preferably
in the child’s home community.
- The
Yukon Government has entered into a five-year cooperative and funding agreement
with the Government of Canada on the development
and enhancement of Aboriginal
languages. This agreement is in effect from April 1, 1998 to April 1,
2003.
- The
objectives of this agreement are:
- to foster the
maintenance, revitalization, growth and protection of Aboriginal languages;
- to enable Yukon
Aboriginal communities to assume increased ownership of their Aboriginal
language responsibilities; and
- to assist
Aboriginal communities to meet their language needs.
Aboriginal
children in the Yukon are beneficiaries of these programs and services.
- The
Children’s Act provides for the taking of a child into care where
there are reasonable and probable grounds to believe that the child’s
life,
safety or health is in immediate danger.
Family environment and alternate care
- The
Family Violence Prevention Act was assented to in December, 1997. This
legislation is designed to address violent relationships between family members
and intimate
companions. The Act provides victims of family violence with
additional ways to seek protection by establishing emergency intervention
orders, victim's assistance orders and warrants of entry. An advisory committee
held public meetings in 1998 throughout the Yukon
to seek community input on the
implementation of this legislation. This Act is expected to be proclaimed in
1999.
- In
April, 1999, the Yukon government introduced an early childhood intervention
program called the Healthy Families Program. The
purpose of this program is to
promote
the health and well- being of children and families and to prevent
the removal of children
from their families for child protection reasons.
This program is available to all Yukon
residents.
- The
Yukon continues its efforts to prevent the birth of children affected by Fetal
Alcohol Syndrome/Effects. An overall strategy
has been in place since the early
1990s and is periodically updated. The strategy includes public education,
public health and direct
client service components.
- The
Child Care Act provides for the development of a range quality child
services with parental, community and First Nation involvement. Yukon has
2
funding programs which support licensed child care. The Child Care Subsidy
Programs assists low income families with the costs
of licensed child care. The
Direct Operating Grant Program provides funding to all licensed child care
programs based on a formula
which takes into consideration the ages and number
of children in the program, the level of training of the staff and for child
care
centres, only, the building costs. Approximately 20 percent of Yukon
children are in licensed child care.
- Pursuant
to the Children’s Act, it is the policy of the Yukon government to
promote family units and diminish the need to take children into care, or to
keep them
in care. To that
end, all reasonable steps are taken to ensure the safeguarding of children,
to promote family conditions that lead to good parenting,
and provide care and
custody supervision for children in need of protection.
- The
Maintenance and Custody and Enforcement Act provides for an order of a
court in or outside the Yukon for payment of monies as maintenance or support.
The Reciprocal Enforcement of Maintenance Orders Act provides for the
enforcement of a reciprocal enforcement order in another province, state or
country. The Yukon currently operates
reciprocal enforcement with all Canadian
provinces and territories, 30 U.S. states and with other countries.
- This
Act was amended and passed in 1998 and proclamation is expected in the fall
of 1999. The amendments included new enforcement
measures enabling the
government to:
- apply writs of
garnishment or writs of seizure and sale against a corporation in which the
respondent/debtor is the sole shareholder
or has a controlling interest or
his/her immediate family controls the corporation;
- remove the
30-day hold on garnished funds, except where a third party has an interest in
the money;
- provide for
orders against a respondent to be enforceable against the
respondent/debtor’s trade or business name or against
a respondent/
debtor’s share of a partnership;
- remove the
limitation period of 10 years on the collections of arrears; and
- extend the life
of garnishments from one year to until withdrawn by the director of maintenance
enforcement.
- In
the fall of 1998, the Yukon government passed amendments to the Limitation of
Actions Act. These amendments recognized the plight of survivors and their
intense need for healing by removing the time restrictions in matters
of sexual
abuse so that survivors can take action at any time. The amendments also apply
to minors who suffered sexual assault or
sexual misconduct in childhood.
Moreover, the amendments provide for a transition phase that may serve to revive
“time-expired”
claims provided the right to bring these claims was
never prohibited in the first place.
- The
Children’s Act provides for the protection of children. The
Department of Health and Social Services is responsible for alternative care of
children,
including foster placement, or if necessary, placement in a suitable
institution.
- The
Official Guardian of children is the Public Administrator, who is responsible
for protecting the rights and interests of minor
children in legal proceedings
pursuant to the Children’s Act.
- Adoptions
are handled pursuant to Part III of the Children’s Act. The court
may make an order granting an adoption where the court is satisfied that it is
proper, and in the best interests of the
person to be adopted, that the adoption
should take place.
- The
Department of Health and Social Services works with the appropriate authorities
at the provincial, federal and international level
to prevent and remedy the
kidnaping or retention of children abroad by a parent.
- In
December, 1997, the Yukon government passed the Intercountry Adoption (Hague
Convention) Act to put this convention into force
in the Yukon.
- The
Yukon government has legislated the International Convention on the Civil
Aspects of International Child Abduction as a schedule under the
Children's Act.
- The
Children’s Act provides for the taking of a child into care when
that child is being abused or neglected while in the care of parents, legal
guardians
or any other person who has care of the child.
Basic health and welfare
- In
1998, the Yukon developed an Anti-Poverty Strategy to ensure the interests of
low income families are addressed in government policy
making and
decisions.
- Starting
in the 1997-98 fiscal year, the Yukon government, in collaboration with the
Government of Canada, implemented the National
Child Benefit aimed at reducing
child poverty.
- As
a result of this program, in April, 1998, the Yukon introduced the
Children’s Drug and Optical Program, which provides free
drug, optical and
dentistry services to children in low income families.
- In
April, 1999, the Yukon introduced the Children’s Recreation Fund, which
supports the recreational needs of children in low
income families. These
programs are available to all low income residents in the
territory.
- In
April, 1999, the Yukon Child Benefit was introduced to complement the National
Child Benefit by providing direct cash payment to
raise the income of low income
families. It is estimated that 2,000 children are affected by this benefit.
Eligible parents receive
$300 per year per child.
- In
the Yukon, social assistance programs also provide financial support to 17 and
18 year olds in need who are no longer supported
by their
families.
- The
Department of Health and Social Services in the Yukon offers a wide range of
programs and services aimed at maintaining the health
and welfare of all Yukon
children.
- These
programs and services are typically geared to the following areas:
- Prevention:
a pre- and post-natal care and follow-up, immunization and a free dental health
program are offered in all Yukon schools up to Grade
8.
- Screening:
there is public health screening of all Yukon children; speech, hearing and
vision assessments are carried out when required and
developmental assessments
are done through public health.
- Treatment:
Universal treatment is provided on basic health care to children and adults. In
addition, dental health treatment and speech and
hearing services are provided
to children, and the child development centre provides pre-school treatment
services to children with
disabilities and developmental problems.
- Services
provided through the school program include family life education, health
screening programs, and treatment services comprising
physiotherapy and
psychological counselling.
- The
Yukon Liquor Corporation has a program whereby all alcohol sold in the Yukon is
affixed with a special label that states: “Warning:
drinking alcohol
during pregnancy can cause birth defects”, in an attempt to reduce the
incidence of fetal alcohol effect or
syndrome in newborns.
Education, leisure and cultural activities
- The
Yukon government initiated the Youth Leadership Project in 1997. A team of
trained youth deliver a recreation-based program in
rural communities working
with local youth trainees and community steering committees. The local trainees
are paid positions and
often include youth that are at risk. The community
determines their own program based on need, resources and demographics. It
is
hoped that the leadership skills and community development will continue to
benefit the community.
- In
1995, the Youth Investment Fund was established in response to a need to
recognize and support community driven initiatives aimed
at addressing the needs
of Yukon youth. It was developed and sponsored by the Yukon Departments of
Health & Social Services,
Community and Transportation Services, Education,
Justice and Women’s Directorate. The YIF provides funding for short-term
community projects, which involve youth. Youth must be involved in planning the
project, and the activities of the project must
be for youth. Projects must aim
to prevent youth involvement in high-risk activities and/or encourage healthy
alternatives.
- In
February 1999, a youth conference was held. Called the Youth Plan to Take Over
the World Conference, it was funded by the Youth
Investment Fund, Skookum Jim
Friendship Centre, Dept. of Justice, Education & Health and Social Services.
The intent of the conference
was to create an environment where Yukon youth are
inspired and empowered to become more active in their communities. Sessions
focused
on alcohol and drug awareness, starting a business and Web page design.
- A
Youth Services Canada project was started in Whitehorse in February 1998. The
project is funded by Human Resources Development
Canada, the City of Whitehorse,
Crime Prevention Yukon, Yukon Justice, the Kwanlin Dun First Nation and the
RCMP. A group of 15
youth experience different job situations,
receive training, and work on community projects for a five month period.
The idea is
to get these youth back in to school or in a job.
- The
Yukon government developed a Youth Strategy in 1998 with the belief that
Yukon’s youth want to participate in the territory's
social, economic,
cultural and political arenas. There are 5 major goals for this
project:
- improve overall
services to young people;.
- increase youth
awareness of initiatives throughout the Yukon;
- develop &
support processes to increase youth involvement in programs directed towards
them;
- provide
opportunities for youth to contribute to their communities in a positive
manner.
- improve the
health of Yukon youth.
- The
Crime Prevention and Victim Services Trust Fund was established in the fall of
1997 to assist communities with projects that support
victims of offences,
reduce the incidence of crime, prevent violence against women and children,
address the root cause of criminal
behaviour and publicize information about how
crime can be prevented as well as what services are available to victims of
offences.
In the 1999 funding year, $96,549 was awarded to various community
projects meeting these objectives.
- The
Community Development Fund supports projects undertaken by municipal and First
Nations governments and non-profit organizations
in the Yukon that are designed
to promote social, economic and community development. Since the current
program was instituted in
1997, the program has regularly supported
projects that provide educational, recreational, cultural and other
opportunities for the
territory's children.
- In
1996, the Department of Education and the Women’s Directorate developed
the Gender Equity in the Public School Policy. Since
then, the Gender Equity
Policy Committee, chaired by the Women’s Directorate, has been working
toward ensuring that the policy
is implemented in Yukon
schools.
- In
the summer of 1999, for the third consecutive year, the Women’s
Directorate and the Youth Achievement Centre have run “Young
Women of
Grit”, a 3-week adventure-based, outdoor leadership program designed for
young women aged 13 to 18 who are working
towards positive change in their
lives.
- The
Education Act provides for free educational programming appropriate to
individual need for children over the age of 5 years 8 months and younger
than
the age of 21.
- Section
12 of the Education Act states that no tuition fees shall be charged to
the student, or the parents of the student, for attending an educational
program.
- The
preamble to the Education Act recognizes that the Yukon curriculum must
include the cultural and linguistic heritage of the Yukon Aboriginal people and
the multi
cultural heritage of Canada. It also recognizes that rights and
privileges enjoyed by minorities as enshrined by the law shall be
respected.
- Section
15 of the Education Act states that students who have intellectual,
communicative, behaviourial, physical or multiple exceptionalities, or who are
in need
of special education programs, are entitled to receive an individualized
education plan. The Act further states that a student who
is entitled to
receive such a plan shall have the program delivered in the least restrictive
and most enabling environment.
- Section
34 of the Education Act outlines the rights of students as follows:
(a) to receive a free educational program appropriate to their
needs;
(b) to receive an educational program outlined in an
individualized education plan when the student is in need of a special
educational
program;
(c) to examine and copy their student records;
(d) to be provided with accommodation where they are required to live
away from home to receive an educational program;
(e) to be treated in a
fair and consistent manner, and
(f) to appeal, either alone or with
their parents, decisions that significantly affect their education, health, or
safety.
- Section
35 of the Education Act allows a student to express any religious,
political, moral or other belief or opinion so long as the expression does not
adversely
affect the rights or education of other students, or the rights of
other persons in the school.
- In
the summer of 1999, the Yukon government started a review of the Education
Act. Any changes which pertain to the rights of the child will be reflected
in Canada's next report.
Special protection measures
- The
administration of the Young Offenders Act is the responsibility of the
provinces and territories. Juvenile justice in the Yukon territory is
administered by the Department
of Health and Social Services.
- Pursuant
to the Young Offenders Act, young offenders are segregated from adults
and treated appropriately. Young offenders who are in custody are held in
separate facilities
which are designed for this use and which range from group
homes to a secure environment. These facilities incorporate educational,
vocational, recreational and culturally relevant programming.
Promoting Principles and Conditions of the Convention
- During
January to March, 1999, the services provided to young offenders were reviewed
to ensure compliance with the provisions of
the Convention on the Rights of
the Child (and the UN rules for the protection of juveniles and for the
administration of juvenile justice). This review involved staff and
young
people receiving these services.
NORTHWEST TERRITORIES
- The
Northwest Territories’ contribution to Canada’s Second
Report to the United Nations on the Convention on the Rights of the
Child (Reporting Period: January 1993 to
December 1997).
Definition of the child
Article 1
- The
new Education Act S.N.W.T. 1995, c.28 came into force on July 1, 1996.
Under section 12, school is compulsory for every child from the age of 6 until
the child turns 16.
- Consent
to medical treatment by a minor is addressed by the common law in the Northwest
Territories. If the child is a “mature
minor”, that is, the minor
has the capacity to appreciate fully the nature and consequences of a particular
treatment, then
the minor has the legal capacity to consent to medical treatment
on his or her own behalf.
- The
Marriage Act R.S.N.W.T. 1988, c.M-4 requires that a person under the age
of majority must have the consent of his or her parents before the publication
of banns or the issue of a marriage licence, so that he or she may be married.
A minor may make an application to court to dispense
with his or her
parents’ consent and the court has the discretion to make an order
dispensing with parental consent. In addition,
no consent is required in the
case of a minor who has attained the age of 18 years, if he or she makes a
statutory declaration that
he or she has withdrawn from parental charge for no
less than 6 months prior to the date of the declaration, or
for
other specified reasons. A person under the age of 15 years may not marry
unless there is proof that the female party is pregnant.
In these circumstances
parental consent is still necessary.
- The
Rules of the Supreme Court of the Northwest Territories require that when
a minor is sued the minor must defend by a “guardian ad
litem” unless the court orders otherwise. The situation is somewhat
different when a minor commences an action. The Rules indicate
that a minor may
sue or counterclaim by his or her “next friend” (a representative
who is of the age of majority), but
he or she does not have to have a
“next friend”. He or she may begin an action or
counterclaim in his or her own name. However, the Rules require that parties
who are “under a disability”, which includes
minors under the Rules,
must be represented by a solicitor before the court. Nonetheless, under subrule
7(4) “the Court may
grant an audience to any individual where it considers
it appropriate in the interests of justice”.
- Under
the Change of Name Act R.S.N.W.T. 1988, c.C-3 an unmarried person under
the age of majority may not make an application for a change of name. If a
minor’s
parent applies for a change of name for the child, the consent of
the child is required if the child is 12 or older; however, the
court has the
discretion to dispense with the child’s consent.
General principles
Article 2
- In
respect of government action, including action by a territorial government, the
principle of non-discrimination is included as
a binding principle in the
Constitution of Canada. Section 15 of the Canadian Charter of Rights and
Freedoms, set out as Part I of the Constitution Act, 1982, guarantees
equality before and under the law, and equal protection and benefit of the law,
without discrimination, on the basis
of a number of enumerated and analogous
grounds.
- Section
15 also protects affirmative action programs or activities that have the object
of amelioration of conditions of disadvantaged
individuals or groups.
- The
principles underlying section 15 of the Canadian Charter of Rights and
Freedoms underpin the programs and services provided by the Government of
the Northwest Territories.
- In
addition, the Northwest Territories Fair Practices Act R.S.N.W.T. 1988,
c.F-2 is human rights legislation in the Northwest Territories. The Act binds
the private sector in respect of
employment and the provision of accommodation,
services and facilities. It prohibits discrimination on the basis of race,
creed,
colour, sex, marital status, nationality, ancestry, place of origin,
disability, age or family status of a person or because of a
conviction of a
person for which a pardon has been granted.
Article 3
- Legislative
reform in respect of family law, which began in late 1988, culminated
in 3 new Acts, relating to children, coming into
force in 1998.
Although these Acts came into force later than the end of the designated
reporting period, they have been addressed
in this
Report because
their development spanned the entire reporting period. The Acts are the
Children’s Law Act S.N.W.T. 1997, c.14, the Child and Family
Services Act S.N.W.T. 1997, c.13 and the Adoption Act S.N.W.T. 1998,
c.9.
- The
Children’s Law Act deals with the following legal issues, among
others: the status of children; the determination of parentage; parental custody
of
and access to children, child support and the guardianship of the estates
(property) of children. The Preamble to the Act states
that decisions
concerning the custody of and access to children, and the guardianship of the
estates of children, should be made
in accordance with the best interests of
children, with a recognition that differing cultural values and practices must
be respected
in those determinations. The recognition of differing cultural
values and practices was included in large part to promote respect
for
multiculturalism, including the values and practices of the indigenous peoples
of the Northwest Territories. The principle is
repeated in substantive sections
of the Act relating to custody, access and guardianship. For example, under
section 17 this is
the criterion that a court must consider in determining the
merits of an application for custody and access.
- The
Child and Family Services Act deals with the protection of children, for
example from abuse or neglect, and services for families to assist them in their
parenting
roles. Throughout the Act, including in the Preamble, it is clearly
stated that decisions concerning children should be made in
accordance with the
best interests of children, with a recognition that differing cultural values
and practices must be respected
in those determinations.
- The
Preamble to the Adoption Act recognizes that decisions concerning the
adoption of children should be made in accordance with the best interests of the
child,
again with a recognition that differing cultural values and practices
must be respected in those decisions. This principle is repeated
in substantive
sections of the Act, for example, under section 34 a judge must be satisfied
that an adoption will be in the best
interest of the child before an adoption
order is made.
- The
Preamble to the Education Act sets out a principle that the focus of the
education system must be: “students and on developing the physical,
emotional, social,
intellectual and spiritual aspects of their lives within a
safe and positive learning environment”. In pursuit of the best
interests
of all young people, the Education Act provides for the entitlement of
all persons, between the ages of 6 and 21, to access to the NWT public school
education program (kindergarten
to grade 12). Sections 7 to 9 of the Act
recognize the entitlement of all students to access to the education program in
a regular
instructional setting, and to support services, to ensure the
effective inclusion of children with special needs.
Article 6
- As
noted at paragraph 1310 of Canada’s first report, the Vital
Statistics
Act R.S.N.W.T. 1988, c.V-3 requires that the
birth of every child born in the Territories
must be registered in
accordance with the Act. Also under the Act, all stillbirths and all other
deaths must be registered.
- To
promote compliance with this requirement, parents are encouraged to complete the
registration of birth prior to leaving the hospital
or health centre where the
birth occurred. In the case of death, a burial permit cannot be issued until a
registration of death
or stillbirth is completed.
- Under
the Coroner's Act R.S.N.W.T. 1988, c.C-20 there is a legal duty on every
person to report a death to a coroner or a police officer under circumstances
where it appears that the death might have resulted from any of a number of
reasons including violence, accident, suicide,
neglect, misconduct, or other cause. As well, all deaths must be reported if
death occurred when the deceased was detained, or in
custody, involuntarily, or
if the deceased was in the custody of a police officer. In addition, any police
officer who has knowledge
of a reportable death must notify a coroner.
- Under
the Coroner’s Act all reportable deaths must be investigated for
determination of the cause of death and circumstances surrounding the death. A
coroner
has broad powers of investigation. Following the investigation, the
coroner may hold an inquest (a form of hearing) under a number
of circumstances,
including for reasons related to public interest. At the conclusion of an
inquest the jury makes determinations
as to the cause of death and the jury
may make any recommendations that it considers to be of assistance in
preventing similar
deaths.
- The
Child Day Care Act R.S.N.W.T. c.C-5 protects children by requiring the
licencing of child day-care facilities, setting out standards and providing for
the inspection of such facilities. Through its grants and contributions policy
the Department of Education, Culture and Employment
provided funding for the
start up and operations of day-care facilities during the reporting period in
the following amounts: 1993-94:
$1,238,000; 1994-95: $1,238,000;
199596: $1,238,000; 1996-97: $1,393,000.
- The
Child and Family Services Act addresses the issue of the survival of the
child, through protection measures and the provision of services to assist
families to
care for their children. “Child” is defined, for most
purposes under the Act, to include only persons under the age
of
16.
- Young
people, from the age of 16 to the age of majority, are also protected under this
Act through provisions allowing agreements
between the government and the young
person in respect of a number of support services, including: counselling;
parenting programs;
services for improving the person’s financial
situation; services for improving the person’s housing; drug or alcohol
treatment and rehabilitation; mediation of disputes; and any other services
agreed to by the Director of Child & Family Services
and the
person.
- The
Act creates a legal duty on every person to report information “of the
need of protection of a child” to the child
protection authorities, or to
a peace officer, where the former is not available. The Act covers a broad
scope of circumstances
where a child is “in need of
protection”, for example, circumstances of physical harm
including the risk of physical harm, neglect, sexual molestation or
the risk of
it, emotional harm, the requirement for medical treatment, malnutrition,
abandonment, or death of the child’s parents.
Because the best interests
of a child are of paramount importance, people are required to disclose this
information even if the
information was received in the context of privileged or
confidential communications.
- Every
reported incident requires assessment and, where advisable, investigation.
Where a reported incident does not lead to an investigation,
the person who
assessed it must prepare a report to the Minister setting out the reasons for
not investigating it.
- Where
it is determined from an investigation and report that a child is in need of
protection, and it appears that a child’s
health or safety is in danger, a
child can be apprehended until the matter is otherwise resolved. Whether the
child is apprehended
or not, a “plan of care committee” must be
established within 8 days of the conclusion of the report. Where the child
is
not apprehended in the interim period, support services may be
offered.
- A
child may also be apprehended prior to the completion of an investigation and
report if there are reasonable grounds to believe
that the child is in need of
protection and the child's health or safety is in danger.
- The
Child and Family Services Act is designed to involve the child (where the
child has reached 12 years of age), members of the child’s family and
members of
the child’s community in committees that endeavour to develop
plans for the care of the child, rather than resort to litigation.
However, if
matters are not resolved appropriately, or if the parent does not want
the
involvement of such a committee, then the matter would go before the court for
determination.
- Suicide
prevention is a priority for the Department of Health and Social Services.
Between 1991 and 1995, the Department developed
the Northwest Territories
Suicide Prevention Training (the “NTSPT”) curriculum, in response to
a clear call for community-based
training that emerged from regional suicide
prevention forums held from 1990 to 1992. The NTSPT is a three-week program
that trains
participants in understanding grieving and healing, in risk
assessment and basic counselling skills, and in community leadership.
In 1996
and 1997, the Department funded 6 NTSPT programs throughout the Northwest
Territories, east and west, training 100 people.
Epidemiological research was
also conducted in 1997, to get a better picture of trends in suicide rates and
of the circumstances
surrounding suicide. The results are being used to
increase awareness of suicide risk factors in the NWT.
- Communities
and regional health boards also deliver a variety of suicide prevention programs
such as on-the-land programs and counselling
for youth at risk.
- The
following table summarizes the number of suicides in the Northwest Territories
for the years 1993-1997:
age
|
# suicides Eastern NWT
|
# suicides Western NWT
|
13
|
2
|
-
|
14
|
4
|
-
|
15
|
4
|
-
|
16
|
7
|
1
|
17
|
6
|
1
|
18
|
11
|
-
|
Total
|
34
|
2
|
- The
Education Act addresses the development of the child through the
education system. The preamble to the Act, which informs the interpretation of
other provisions by revealing the legislative purpose of the Act, and which
carries over into the education system, recognizes that
through education the
people of the Northwest Territories can acquire the knowledge, skills and
attitudes needed to be responsible,
confident members of society. The preamble
also enunciates the belief that the focus of the education system must be
students and
on developing the physical, emotional, social, intellectual and
spiritual aspects of their lives within a safe and positive learning
environment.
Article 12
- Under
the Child and Family Services Act children who are 12 years of age and
older must be given the opportunity to participate in decisions that affect
them. Under the
Adoption Act, where a child who is 12 or older is
to be placed for adoption, the child is interviewed to determine his or her
views and those
views are included in the preplacement report. The views of a
child under 12 are also sought, and included in the preplacement report,
if the
views can be reasonably ascertained. Except where it is determined by a court
to be contrary to the best interests of a child
in the circumstances, no
adoption order can be made without the consent of a child who has attained 12
years of age.
- Under
the Children’s Law Act, when determining child custody and access
arrangements, guardianship arrangements, or matters affecting the child's
property, the
court is to take into consideration the views and preferences of
the child to the extent that the child is able to express them.
It is also
clearly stated in the Act that a child may commence a proceeding with respect to
child support for himself or herself
and with respect to the guardianship of his
or her property.
In respect of a court application for the custody
of or access to a child, the child himself or herself could initiate such an
application,
but would have to first apply to the court for leave to do so.
This is a requirement of all applicants except the parents of the
child.
- The
Rules of the Supreme Court of the Northwest Territories require that when
a minor is sued the minor must defend by a “guardian ad
litem” unless the court orders otherwise. The situation is somewhat
different when a minor commences an action. The Rules indicate
that a minor
may sue or counterclaim by his or her “next friend” (a
representative who is of the age of majority), but
he or she does not have to
have a “next friend”. He or she may begin an action or counterclaim
in his or her own name.
However, the Rules require that parties who are
“under a disability”, which includes minors, must be represented by
a solicitor. Nonetheless, under subrule 7(4) “the Court may grant an
audience to any individual where it considers it appropriate
in the interests of
justice”.
- The
Education Act contains various provisions on rights of a child to express
his or her views and to participate in proceedings. Students at a public
(including a public denominational) school have the right to select a student
representative to attend and participate on behalf
of the student body, in
public meetings of the District Education Authority. Under the Act, students
have the right to examine and
copy their student record. Students are to be
consulted in the establishment of school rules by the District Education
Authorities.
The Act also contains provisions allowing a student, the student's
parent or the student and parent together, to formally disagree
with and
initiate a dispute resolution process in respect of a suspension of the student
or any decision of a member of an education
staff that significantly affects the
education, health or safety of a student.
Civil Rights and Freedoms
Article 7
- The
Vital Statistics Act requires the mother, or if the mother is incapable
the father, to be responsible for registering the birth of a child within 30
days
of the birth. The Registrar General of Vital Statistics recommends to
hospitals and health centres that birth registrations be completed
before the
parents leave the facility. In an effort to ensure that children are registered
as soon as possible after the birth,
registrations of births are forwarded by
hospitals and health centres directly to the Vital Statistics Office, usually at
the end
of each month. If parents require a birth certificate for their child
urgently, the Registrar General recommends that the parents
contact the birth
facility to request that the form be sent before month end.
- Under
the Vital Statistics Act the child’s surname and given names are to
be shown on the birth registration. In cases where the parties are married, the
name may be registered as the surname of the husband, the surname of the mother
or a hyphenated or combined surname comprised of
the surname of the husband and
the mother. If the father of the child is not the husband of the married
mother, then she can file
a declaration to that effect so that particulars of
the father may be placed on the birth registration (if he consents), instead
of
the particulars of her husband.
- In
cases where the mother of a child is unmarried, if a person acknowledges himself
to be the father of the child, then the child's
surname may be registered as the
surname of the father, the surname of the mother or a hyphenated or combined
surname comprised of
the surname of the father and the mother.
- Under
the Vital Statistics Act particulars of a father, to whom the mother is
not married, may not be included on the birth registration without both
parents’
acknowledgment of the man's paternity. If, under the
Children’s Law Act, a court later determines that a particular
person is the father of the child then the birth registration would be amended
to reflect
that.
- Although
the fact of whether or not a child’s parents were married is recorded on
the birth register, no difference in treatment
arises as a result. It does not
effect a child’s legal status because any historical distinctions between
children born to
married parents and children born to unmarried parents have
been abolished by the law.
- A
child's right to know and be cared for by his or her parents is set out in the
Children’s Law Act as the responsibilities of parents to the child.
The Act also contains provisions promoting access to the child by a
non-custodial
parent.
Article 16
- The
child’s privacy is protected by the Northwest Territories Access to
Information and Protection of Privacy Act S.N.W.T. 1994, c.20 which came
into force on December 31, 1996. The Act sets out conditions for the
collection, use and disclosure
of personal information by public bodies. Under
the Act, personal information in the possession of a public body may not be
disclosed
except for limited purposes as set out in the Act.
Article 37 (a)
- To
ensure that children are not subjected to cruel or degrading treatment or
punishment and to protect the dignity of children, the
Education Act
prohibits corporal punishment in the discipline of students.
- In
addition to the establishment of a system of child protection workers for the
protection and well being of children in the Child and Family Services
Act, one of the principles set out in it is that parents should use
methods other than force by way of correction towards their children or in the
discipline of their children.
Family Environment and Alternative Care
Article 5
- The
Government of the Northwest Territories respects parental authority, as provided
for in local custom, in the guidance of children
as persons with evolving
capacities. Unless there is a court order, the Child and Family Services
Act only allows a child to be apprehended from his or her parents when the
child needs protection and the child’s health or safety
is in danger.
This
Act also encourages the active participation of parents and
other members of the child’s extended family in resolving problems
and
arriving at plans of care for children who need protection.
Article 18, paragraphs 1-2
- Under
the new family legislation in the Northwest Territories, parents retain the
common responsibilities for the upbringing and development
of the child, whether
the parents are married or not. Both have obligations to maintain the child and
both have the right to apply
for custody of the child, or access to the child,
when the parents do not live together.
- A
child’s legal status is not related to whether his or her parents were
married. The Children's Law Act provides that, “... a person is
the child of his or her natural parents and his or her status as their child is
independent
of whether he or she is born within or outside of marriage”.
- Under
the Act both parents have parental responsibilities and both are equally
entitled to custody of the child except where the parents
live separately and
one parent has agreed to the other having sole custody, or where a court orders
a different arrangement. In
a court application for custody of, or access to, a
child the court must consider the best interests of the child, with a
recognition
that differing cultural values and practices must be respected in
the determination. The Act requires the court to consider all
the needs and
circumstances of a child when determining “best interests” and sets
out a number of factors that should
be considered in that assessment. One of
these factors is the child's views and preferences. Another is the ability and
willingness
of each person seeking custody to provide the child with guidance,
education and the necessities of life and to provide for any special
needs of
the child.
- In
addition, the court is instructed to consider any evidence that a person seeking
custody or access has at any time committed violence
against the other parent,
the child, or other members of his or her household, and the effect that this
may have on the child.
- The
Children’s Law Act also contains provisions relating to the
parental financial support obligation to the child when the child does not live
with one
or both of the parents. The Federal Child Support Guidelines made
under the Divorce Act are adopted by the territorial legislation to
ensure consistency of awards whether a child is born to married or unmarried
parents.
Article 9
- Under
the Child and Family Services Act a child may only be taken from his or
her parents by the child protection authorities when it appears that the child
is in need of
protection and his or her health or safety is in danger. After
apprehension, if the child is not returned to the parent or parents
within 72
hours, the matter must be dealt with through a “plan of care
committee” including the child (where the child
is at least 12 years of
age) and at least one of the parents, or through an application to court. If
the matter is to proceed to
court then the application must be made within 45
days after the day, whichever is later, on which a report was made to a child
protection
worker, the child was apprehended, or the parent elects to proceed to
court.
- Other
time limits within the Act require timely dispositions of child protection
matters.
- Court
proceedings under the Act are to be heard in private. Notice of any court
proceedings must be given to the child’s parents
or other care givers and
to the child, where the child has attained the age of 12 years. A child, aged
12 or over, who is the subject
of a hearing, may be present at the hearing
unless the court rules that it is not in the best interests of the child.
- In
the matter of child custody and access arrangements between parents when they
live apart, the Children's Law Act promotes a child’s right to
maintain personal relations and direct contact with the non-custodial parent in
a number of ways.
Whether a child’s parents were married or not, if the
child lives with only one parent, the other parent has a legal right
to exercise
access to the child, unless the parties enter a formal agreement to the
contrary, or the court orders otherwise. Even
if the parties enter a formal
agreement that no access will be exercised by a parent, a court can review the
agreement and order
other arrangements where it is in the child's best
interests. One of the factors that a court must look to in custody and access
proceedings in determining the best interests of a child, is the willingness of
each person seeking custody to facilitate access
between the child and the other
parent. Finally, the Act contains provisions for the enforcement of access
arrangements, which can
result in various forms of relief, for example,
directions for supervision of access arrangements or the appointment of a
mediator.
The Act also requires that the views and preferences of the child be
taken into consideration in custody and access proceedings,
to the extent that
the child is able to express them.
Article 11
- Canada
is a signatory to the Convention on the Civil Aspects of International Child
Abduction. The Convention extends to the Northwest Territories which
enacted the International Child Abduction Act R.S.N.W.T. 1988, c. I-5 to
implement the Convention. Under the Act, the Minister of Justice is the Central
Authority for the Northwest
Territories for the purposes of the Convention. A
lawyer in the Department of Justice, Legal Division, who has familiarity with
family law issues, is the designated contact person.
Article 27, paragraph 4
- The
Department of Justice Maintenance Enforcement Program provides the service of
the enforcement of support orders without charge.
The Maintenance Orders
(Facilities for Enforcement) Act contains a number of enforcement mechanisms
that are available to the Maintenance Enforcement Administrator to streamline
the process
of effective enforcement.
Article 20
- The
Child and Family Services Act recognizes that decisions concerning
children should be made in accordance with the best interests of children, with
a recognition
that differing cultural values and practices must be respected in
those determinations. When determining a child’s best interests
under the
Act, all relevant factors must be considered. The listed factors
include the child’s cultural, linguistic and spiritual or
religious upbringing and ties and the importance for the child’s
development of a positive relationship with his or her parent, a secure place as
a wanted and needed member of the family, and a
stable environment. One of the
principles set out in the Act is that measures taken for the protection and
well-being of children
should, as far as possible, promote family and community
integrity and continuity. A further principle is that services to children
and
their families should cause the least amount of disruption to the family and
should promote the early reunification of the child
with the family.
Article 21
- Adoptions,
other than custom adoptions, are regulated under the Adoption Act.
Adoption orders may only be effected through the court process. Both parents of
a child who is given for adoption must consent
to the adoption before an order
can be made, except in limited circumstances where the court may dispense with a
parent's consent.
- Changes
to the adoption regime since the last report include the recognition in the
Adoption Act that decisions concerning the adoption of children should be
made in accordance with the best interests of children, with a recognition
that
differing cultural values and practices must be respected in those decisions.
The Act continues to allow private adoptions,
but requires that before a person
receives a child for the purpose of private adoption, a pre-placement report
must be prepared by
an Adoption Worker and the Director of Adoptions must have
approved the placement. The Act also provides for “departmental”
adoptions, where the child is placed in the permanent custody of the Director of
Child and Family Services under the Child and Family Services Act, and
then the child is placed with an approved person or family by the Director of
Adoptions.
- Before
an adoption order can be made by the court, the person wanting to adopt the
child must file a petition with the court along
with supporting materials. A
“family union report” is then prepared by a Child Adoption Worker or
other authorized person,
for presentation to the Court, along with the
recommendations of the Director of Adoptions. The views of children who are
capable
of expressing them must be considered and the consent of a child aged 12
and up is required before an adoption order may be made,
except where the court
has reviewed the matter and determined that it is in the best interests of the
child to dispense with the
child’s consent.
- The
court may only make an adoption order where it is satisfied that: the petitioner
is capable and willing to assume the responsibilities
of a parent toward the
child; the petitioner has demonstrated an understanding and appreciation of the
issues related to adoption
for the child and for the petitioner as parent; and,
the adoption is in the best interests of the child.
- Under
the Adoption Act an adoption order creates the legal relationship of
parent and child between the adoptive parent or parents and the child. The
order
terminates the legal relationship of the child to the birth parents,
except in respect of a person who was both a parent of the adopted
child before
the adoption order was made and the spouse of the adoptive parent (that is, in
the situation of a step-parent adoption).
The Act further provides that an
order may be made granting a birth parent access to the child after the
adoption, if it is in the
best interests of the child to do so.
- The
government respects the customs of the Aboriginal peoples who have practiced
custom adoption for many years. The government does
not regulate these
adoptions. However, there are many circumstances where adoptive parents and
their children want legal recognition
of the custom adoption. For that reason,
the Aboriginal Custom Adoption Recognition Act S.N.W.T. 1994, c.26 was
developed and came into force on September 30, 1995. Custom adoption
commissioners are appointed under the
Act to receive and review each application
for a certificate recognizing the custom adoption. A custom adoption
commissioner must
have knowledge and understanding of aboriginal customary law
in a community or region. Upon receipt of materials in respect of a
custom
adoption, where the commissioner determines that the information is complete and
in order, a certificate recognizing the adoption
is issued and the certificate
is filed in the Supreme Court of the Northwest Territories. Copies are
transmitted to the relevant
Registrar General of vital statistics and to the
Registrar of the Northwest Territories Adoption Registry.
- In
respect of inter-country adoptions, during the reporting period only one
international adoption occurred. This private adoption
was facilitated through
a solicitor for a child born in the United States. International adoptions are
not a common occurrence for
the Northwest Territories. Only 3 such adoptions
occurred during the period of 1980 to 1993, involving the adoption by people of
relatives from out of the country.
- Adoption
legislation in the Northwest Territories includes safeguards that relate to
intercountry adoptions. The Adoption Act prohibits the giving or
receiving of any payment or reward, either directly or indirectly, to procure or
assist in procuring a child
for the purpose of adoption. It prohibits a person
from receiving a child for the purpose of a private adoption
without the approval of the Director of Adoptions. Further, a person is
prohibited from placing a child outside the Territories for
the purpose of
adoption without the Director’s written approval of the proposed
placement. All of these offences can result
in a prison term of up to a year or
a fine of up to $10,000 or both.
Article 25
- Under
the Child and Family Services Act, where a court order is made that a
child be placed in the temporary custody of the Director of Child and Family
Services, the placement
may not exceed a 12 month period. This necessitates
periodic reviews by the court in the event that the child is not returned to
a
family member.
Article 19
- A
Child Sexual Abuse Handbook was developed by the Department of Education,
Culture and Employment and a protocol on the reporting
of child abuse was
developed in consultation with the Department of Justice, the Department of
Health and Social Services and the
Royal Canadian Mounted Police. The Child
Sexual Abuse Handbook was provided to every school in the Northwest Territories.
It is
in the process of being updated to correspond with changes in the Child
and Family Services Act. Upon completion it will again be distributed to
schools.
- Under
the Child and Family Services Act a child is defined to “need
protection” where:
- the child has
suffered physical harm inflicted by the child’s parent or caused by the
parent’s unwillingness or inability
to care and provide for or supervise
and protect the child adequately;
- there is a
substantial risk that the child will suffer physical harm inflicted by the
child’s parent or caused by the parent’s
unwillingness or inability
to care and provide for or supervise and protect the child
adequately;
- the child has
been sexually molested or sexually exploited by the child’s parent or by
another person where the child’s
parent knew or should have known of the
possibility of sexual molestation or sexual exploitation and was unwilling or
unable to protect
the child;
- there is a
substantial risk that the child will be sexually molested or sexually exploited
by the child’s parent or by another
person where the child’s parent
knows or should know of the possibility of sexual molestation or sexual
exploitation and is
unwilling or unable to protect the child;
- the child has
demonstrated severe anxiety, depression, withdrawal, self-destructive behaviour,
or aggressive behaviour towards others,
or any other severe behaviour that is
consistent with the child having suffered emotional harm, and the child’s
parent does
not provide, or refuses or is unavailable or unable to consent to
the provision of, services, treatment or healing processes to remedy
or
alleviate the harm;
- there is a
substantial risk that the child will suffer emotional harm of the kind described
in paragraph (e) and the child’s
parent does not provide, or refuses or is
unavailable or unable to consent to the provision of, services, treatment or
healing processes
to prevent the harm;
- the child
suffers from a mental, emotional or developmental condition that, if not
remedied, could seriously impair the child’s
development and the
child’s parent does not provide, or refuses or is unavailable or unable to
consent to the provision
of, services, treatment or healing processes to
remedy or alleviate the
condition;
- the
child’s health or emotional or mental well-being has been harmed by the
child’s use of alcohol, drugs, solvents or
similar substances and the
child’s parent is unavailable, unable or unwilling to properly care for
the child;
- there is a
substantial risk that the child’s health or emotional or mental well-being
will be harmed by the child’s use
of alcohol, drugs, solvents or similar
substances
and the child’s parent is unavailable, unable or unwilling
to properly care for the child;
- the child
requires medical treatment to cure, prevent or alleviate serious physical harm
or serious physical suffering and the child’s
parent does not provide, or
refuses or is unavailable or unable to consent to the provision of, the
treatment;
- the child
suffers from malnutrition of a degree that, if not immediately remedied, could
seriously impair the child’s growth
or development or result in permanent
injury or death;
- the child has
been abandoned by the child’s parent without the child’s parent
having made adequate provision for the child’s care or custody and the
child’s extended family has not made adequate provision for the
child’s care or custody;
- the
child’s parents have died without making adequate provision for the
child’s care or custody and the child’s
extended family has not made
adequate provision for the child’s care or custody;
- the
child’s parent is unavailable or unable or unwilling to properly care for
the child and the child’s extended family
has not made adequate provision
for the child’s care; or
- the child is
less than 12 years of age and has killed or seriously injured another person or
has persisted in injuring others or causing
damage to the property of others,
and services, treatment or healing processes are necessary to prevent a
recurrence and the child’s
parent does not provide, or refuses or is
unavailable or unable to consent to the provision of, the services, treatment or
healing
processes.
- A
person who has information of any of these circumstances has a legal duty to
report the matter to a Child Protection Worker or peace officer. A breach
of this legal
duty is an offence punishable by a fine of up to $5,000 and to
imprisonment for up
to 6 months.
- There
is a statement of principle in the Child and Family Services Act that it
is to be administered and interpreted in accordance with the principle that
children are entitled to protection from abuse
and harm and from the threat of
abuse and harm. “Abuse” is interpreted in the Act to include
neglect or emotional, psychological,
physical or sexual abuse. This principle
extends to provisions on the approval of child care facilities and foster homes.
It
would also apply to provisions allowing the Director or a Child
Protection Worker to visit a
child at any time without notice, to check on
the well-being of the child, and to inspect the facility or home where the child
has
been placed to ensure that it conforms with specified
standards.
- The
Education Act recognizes the need for a safe and positive learning
environment for students and the Act specifically prohibits corporal punishment
as a form of discipline.
Basic Health and Welfare
Article 24
- Appended
to this report is the list of immunizations provided to children in the
Northwest Territories and the administration schedule recommended by the
Department of Health and Social Services. Immunizations are
only provided with
the consent of the
parent.
- The
Department of Health and Social Services is involved in many initiatives to
improve the health and well-being of children by focusing
on the education of
parents during the prenatal and postnatal periods:
- Brighter
Futures - This program is funded by Health Canada but administered by the
department. The purpose of this program is to improve the physical,
mental and
social well-being of children and their families. Healthy babies and good
parenting skills are two goals of this program.
- Canada
Prenatal Nutrition Program - This program targets women who are at risk of
having unhealthy babies due to the poor health and nutrition of the mother.
This program
includes food supplementation, nutrition counselling and support
and education.
- Community
Action Program for Children - This program helps community groups and
organizations that address the health, educational and developmental needs of
children up
to the age of 6.
- Healthy
Children Initiative - This is a family centred program with the goal of
promoting healthy children growing up in strong, supportive
families.
- Public
Health Units also provide prenatal programs to educate and assist parents.
Nurses monitor newborns, encourage immunizations
and answer questions that new
parents may
have.
Article 18 (3)
- During
the reporting period, there were 3 day-care facilities that operated in schools
in the Northwest Territories. Due to low utilization
by student parents, 2 of
the facilities closed. Student parents in the 2 schools with facilities that
closed typically chose to
retain their former means of child care, for example,
the care of children by other family members.
Article 27, paragraphs 1 - 3
- Under
the Children’s Law Act parents have the legal responsibility to
support their children where they are capable of doing so. An application may
be made to
court to enforce this obligation. Such applications are most often
made when the parents of the child do not live together. The
amount of child
support that must be paid is determined through the Federal
Child Support
Guidelines, made under the Divorce Act, that were adopted under the
Children’s Law Act. Various provisions in the
Children’s Law Act require the disclosure of information about a
person against whom an application for child support is made, in respect of the
place
of employment of the person and the income of the person, to prevent
evasion of
responsibilities.
Education leisure and cultural activities
Article 28
- Under
the Education Act that came into force in 1996, education is still
compulsory for children from the ages of 6 to 16. Primary and secondary
education
continues to be free for all students whose parents or guardians live
in the Northwest Territories.
- The
Act now prohibits corporal punishment as a method of discipline in
schools.
- The
Career and Technology Studies program has been implemented in the Northwest
Territories. Students require 5 credits in the Career
and Technology Studies
program modules to fulfill graduation requirements.
- During
the reporting period, participation in Senior Secondary schools increased
to 85 percent. The grade extension policy of the
Department of
Education, Culture and Employment has made the full K-12 system available in
almost all communities in the
Northwest Territories. Students who do not have the full K-12 system
available in their home communities attend the later grades
in the nearest
community that offers the full program.
Article 29
- The
Education Act allows for culture-based school programs as part of the
public school education program for an education district. As a result,
some
schools provide education in Aboriginal languages and use Aboriginal culture and
practice in their programs.
- The
Act also requires education bodies, to the extent that qualified persons are
available, to achieve and maintain a school staff
that is representative of the
cultural backgrounds of the population in the education
district.
- The
Education Act restricts religious teaching and practices in public
schools. It only allows a teacher to make statements about spiritual or
religious
values or beliefs where the statement is required to explain an aspect
of a subject or a world view and the statement is made in
a manner that is
respectful of the spiritual or religious values or beliefs of all the students.
District Education Authorities
may also authorize instruction on spiritual
values or beliefs in a manner that is respectful of the values or beliefs of all
students.
- In
addition, there are public denominational schools in the Northwest Territories.
They may provide religious instruction and may
conduct religious exercises.
- The
Education Act authorizes home schooling programs, but only under the
supervision of an education authority. Further, a student in a home schooling
program must be registered with a school in the education district where the
child lives.
- The
Act also authorizes private schools. They may be registered with the Minister
of Education, Culture and Employment, and must
meet specified conditions in
order to be registered. The conditions include: the provision of a program of
education approved by
the Minister; meeting the standards of student achievement
acceptable to the Minister; regular monitoring and evaluation as determined
by
the Minister; and, meeting all health, safety and building standards.
Article 33
- Under
the Child and Family Services Act a child “needs protection”
where the child’s health or emotional well-being has been harmed by the
child’s
use of alcohol, drugs, solvents or similar substances and the
child’s parent is unavailable, unable or unwilling to properly
care for
the child. In these circumstances, child protection workers will intervene so
that the child’s interests can be addressed.
- Under
the Liquor Act it is not legal for children under the age of 19 to
purchase alcoholic beverages.
Article 35
- As
noted in the last report and above, the Convention on the Civil Aspects of
International Child Abduction extends to the Northwest Territories. The
International Child Abduction Act R.S.N.W.T. implements the Convention.
Under the Act, the Minister of Justice is the Central Authority for the
Northwest Territories
for the purposes of the Convention. A lawyer in the
Department of Justice, Legal Division, who has familiarity with family law
issues,
is the designated contact person.
Article 36
- As
noted above, the Child and Family Services Act creates a legal duty on
every person to report information “of the need of protection of a
child” to a child protection
worker, or to a peace officer where the
former is not available. The Act covers a broad scope of circumstances where a
child is
“in need of protection”.
-----
[1] A third territory,
Nunavut, came into existence on 1 April
1999.
[*] In geographical order, from west to
east.
[*] In geographical order, from west to
east.
WorldLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.worldlii.org/int/other/UNCRCSPR/2003/3.html