HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF CANADA'S REPORT ON IMPLEMENTATION OF CIVIL, POLITICAL RIGHTS COVENANT

26 March 1999

Press Release
HR/CT/530

HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF CANADA'S REPORT ON IMPLEMENTATION OF CIVIL, POLITICAL RIGHTS COVENANT

19990326 Experts Question Lack of Federal Investigation into Aboriginal Activist's Death, Government's Ability to Monitor Compliance, Right to Strike

The issue of the International Covenant on Civil and Political Rights in Canada was more a question of how it was used and interpreted and not a case of that instrument versus Canadian rights and freedoms, Secretary of State for Multiculturalism and Status of Women, Hedy Fry, told the Human Rights Committee this afternoon, as it concluded its review of Canada's fourth periodic report on its implementation of the Covenant.

Responding to questions that had been posed by the Committee's experts on the role of the Covenant in her country, Ms. Fry said that the Canadian Charter of Rights and Freedoms, which is part of Canada's Constitution, was just one mechanism used to implement the Covenant. A framework of laws existed to enforce the Covenant and many of the country's laws were influenced by the instrument, while various other initiatives gave it life. Canada tried to use its own domestic tools to interpret the Covenant, in the same way that it did for other international conventions.

Experts this afternoon continued to pose questions on Canada's fulfilment of its obligations under the Covenant and a number of them raised the issue of peaceful aboriginal activist, Dudley George, who died under suspicious circumstances in 1995.

Addressing that issue, Elizabeth Evatt, expert from Australia, asked whether it was not the responsibility of the Federal Government to look into what appeared to be an extra-judicial killing of an indigenous person who had national significance. She also noted that there seemed to be no public entity to monitor Canada's compliance with its human rights obligations, even though there was one for its Charter rights.

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* Meetings 1735 and 1736 were closed.

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A number of experts also expressed their concern over a Canadian bill on unionization. Rajsoomer Lallah, expert from Mauritius, specifically requested clarification of Bill No. 22 (1998), which prevented unionization with respect to community participation. If that bill was law, how could that terrible limitation on the right of association be explained? he asked.

Nisuke Ando, expert from Japan, agreed that the legislation seriously restricted the right of workers to strike. There seemed to be strict restrictions not only on association, but on strikes and collective bargaining. If those limitations differed from one province to the other, then they contradicted some of the principles of the Covenant.

The Canadian Government had acknowledged, through a statement of regret to the aboriginal peoples, the contributions that group had made to the country, said Rob Watts, a member of the Canadian delegation. A key agreement was the creation of a framework to establish jurisdictional and intergovernmental relations between the aboriginal peoples and the federal and provincial governments. Another key issue would be the settlement of land claims. Aboriginal lands and resources were essential to the development of strong self-government.

Also this afternoon, the Chairman of the Committee, Cecilia Medina Quiroga, expert from Chile, informed members that the initial report of Cambodia would be considered on 7 April instead of 29 March, as originally scheduled.

The experts from Argentina, United Kingdom, Poland and Finland also posed questions to Canada's delegation.

The following members of the Canadian delegation responded to questions raised by the Committee: Ross Hynes; Claire Beckton; Christian Deslauriers; Lucie McClung; Daniel Therien and Georges Tsai.

The Committee will meet again on Tuesday, 29 March, to resume consideration of Chile's fourth periodic report.

Committee Work Programme

The Human Rights Committee met this afternoon to continue its consideration of the fourth periodic report of Canada (document CCPR/C/103/Add.5). (For detailed background see Press Release HR/CT/529 dated 26 March.)

Response to Experts' Questions

Responding to questions that had been posed by Committee experts at the morning meeting, HEDY FRY, Secretary of State, Multiculturalism and Status of Women, Canada, replying to a question on the role of the Covenant in her country, said that the issue of the Covenant in her country was more one of how it was used and interpreted, not a case of that instrument versus Canadian rights and freedoms. The Canadian Charter was just one mechanism used to implement the Covenant. There was a framework of laws to enforce the instrument and many of her country's laws were influenced by the Covenant, while various other initiatives gave it life. Canada tried to use its own domestic tools to interpret the Covenant, in the same way that it did for other international conventions.

Regarding aboriginal people and self-determination, she reminded the Committee that the issue had been a central one in the United Nations resulting in a draft text. Canada had participated in those considerations. It also recognized that the rights under article 1 of the Covenant applied to all ethnicities -- indigenous and non-indigenous -- in Canada. The right of self-determination was expanding to encompass the internal rights of specific groups living in the country.

She said that in accepting the right of self-determination for indigenous peoples, Canada recognized the importance of negotiations between the State and the groups. The indigenous peoples of Canada were not one people. There were many different bands and groups among the indigenous people, who lived as separate groups. Those people had enjoyed self- government until colonialism, when they became dependent. Self-determination was only now returning their old rights.

ROB WATTS (Canada) said, with regard to the process through which self-government would be implemented, a firm foundation had to be built with those peoples. In that area, the development of trust and a common agenda, among other issues, had already been addressed and some of that was available in a one-year progress report, which was produced earlier this year. One of the objectives of the report was related to the issue of treaties. Also, the Canadian Government had acknowledged, through a statement of regret to the aboriginal peoples, the contributions they had made to the country.

A key agreement, included in the report, was the creation of a framework to establish jurisdictional and intergovernmental relations between the

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aboriginal peoples and the federal and provincial governments. Another key issue would be the settlement of land claims. Aboriginal lands and resources were essential to the development of strong self-government. In that regard, more than 100 land claim agreements had been made between the Government and aboriginal peoples. The Saskatchewan and Manitoba land agreements were good examples of the initiative. In addition, in the Yukon, over the past three years seven territories had been signed over to those peoples.

He pointed out that self-government had been set aside, due to the land distribution process. A joint technical committee had been formed in 1998 to oversee the strategic planning of the process. The aboriginals had recently disagreed with the suggestion by the Canadian Government that an alternative arrangement for land claim agreements be developed.

CLAIRE BECKTON (Canada) said there were a number of cases before Canadian courts which would address the issue of traditional law versus Canadian law.

Ms. FRY, addressing the issue of immigration, said that since 1945 some 7.9 million immigrants had been welcomed to Canada. It was one of the first countries that recognized severe gender discrimination with regard to refugees.

GEORGES TSAI (Canada) said that, with regard to the question raised this morning on the time taken by refugees to acquire permanent status, the Committee needed to consider his country's model. He cited the protection the State offered to those who needed protection and the encouragement that people were given to acquire permanent status. After three years, permanent residence was granted. Citizenship could be applied for after that.

In examining the status of refugees seeking permanent residence, there were delays which were considered acceptable, he said. Sometimes, however, the process could take over five months, due to such complications as establishing the identity of an applicant. The issue of lack of identification papers was such that, at a certain point, there were refugees who were unable to obtain permanent residence because they were not satisfying the criteria. There was now a status for refugees without papers. It had been established for two special countries -- Afghanistan and Somalia.

Regarding detention conditions, he said the law on immigration had precise rules that spelled out those conditions very firmly and clearly. No one could be detained indefinitely. The process was handled by adjudicators, who formed a part of free-standing court that could make its own decisions.

DANIEL THERIEN, responding to the issue on the status of refugees in Canada, said there were several mechanisms to study complaints. There was an evaluation of risks to determine whether the person was at risk and to see what those risks were.

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Ms. FRY said Canada's Minister of Citizenship and Information was at this moment planning to amend the refugee act and was travelling around Canada getting ideas from refugees.

Ms. BECKTON (Canada, responding to a question on the death penalty, said that when considering the death penalty the Minister took into account the provisions and standards of the Covenant. On the issue of judicial review, the Supreme Court had made it clear that tribunal decisions could be appealed. Also, on the issue of discrimination, the Human Rights Commission in Canada had been established to hear complaints against discrimination so that a cost-free process could be available and the matter would not have to go through the judicial system.

Ms. FRY said that one of the core objectives was to improve the economic power of women and their autonomy in the State. To ensure success in the programme, training, education and access to education would be examined. They were also examining issues with regard to unpaid work, in particular the way that could affect the pensions and long-term compensation for women. To empower women and provide easier access to funding for training, the Business Development Bank and other entities had been making capital available.

CHRISTIAN DESLAURIERS, responding to the question of language laws in Quebec, said that people who entered Quebec for a temporary stay could register their children in an English school for the whole duration of their stay. There were also both private French and English language schools. There was also a choice between French or English speaking colleges or universities.

Ms. FRY, commenting on the issue of freedom of religion, said Canada recognized the right of anyone to worship in any way they wanted. Islam was one of the fastest growing religions in Canada and religious freedom was enshrined in the Charter. However, any cultural practice that could cause harm and superceded Charter requirements was put in the penal code. She cited female genital mutilation as one such practice.

Responding to the question of Canada's position on the Quebec referendum on secession, she said the Government would respect the clear decision of the people of Quebec. It hoped, however, that Quebec would remain a part of Canada, because it was an essential part of the country and helped make Canada what it was today.

Mr. TSAI, addressing the issue of extradition and possible torture, said there was an evaluation to determine whether there was really a risk of torture. If there was, then the person could remain in Canada.

ROSS HYNES (Canada), addressing the question on the death of Dudley George in Ontario, said the Government of that province had said there were presently outstanding matters on his death before the courts. The Government

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was not in a position to order an enquiry and was only prepared to examine other options when the court had completed its work.

Ms. FRY, responding to a question on the outcome of an investigation into the involvement of Canadian soldiers in abuses during a United Nations mission in Somalia, said subsequent to investigation and trial, two officers had been convicted. In addition, Canada had published a doctrinal manual, including a code of conduct for training its troops serving in United Nations missions. A collection of the main international treaties and applicable domestic laws had also been made available to the troops.

On the issue of legal measures taken in regard to the preventive detention of high-risk offenders, Ms. BECKTON said Canada's criminal code allowed that the dangerous offender designation could only be applied after a conviction, and then only if a pattern of violence had been detected.

LUCIE McCLUNG (Canada) said that for more serious offences there was an onus on the defendant to give reasons against or for his sentencing. There was also a provision for undue delay in the criminal code. Detained persons were subject to review after 30 days of being held without bail.

She also informed the Committee that provinces and territories had been engaged in making the legal aid system more effective. In Ontario, in 1996, the Government had commissioned a review of the system. In response to that review, the Government passed legislation for the creation of a new independent statutory agency to administer the system and the creation of a modern framework under which it would operate.

Continuing, she said that the essential right of offenders was for them to be treated humanely. She added that the country's Human Rights Act provided access to a fair internal grievance process. Any complaints could be forwarded to the judicial courts or a prison ombudsman. Also, a subcommission had been established to deal with certain issues relevant to female offenders.

Mr. HYNES, in response to a question on privacy rights for social assistance recipients, said mandatory workfare was required for those persons, so that they could be assimilated into the workforce.

Ms. BECKTON, responding to a question on the right to strike or bargain collectively, said that the right to association had not been extended to the objects of the association, but the right to strike had not been nullified. The Labour Code provided for that right. Freedom to bargain collectively was also provided for in the law.

Ms. FRY, responding to a question on the rights of the child, said Canada had taken a number of steps and was committed to giving children a better start in life through prevention and intervention programmes, including

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the aboriginal headstart programme. That programme dealt with aboriginal children below the age of 5 and helped them overcome existing barriers.

Responding to the question on child prostitution, she said "child prostitution" was not a term Canada preferred to use. It preferred commercial sexual exploitation of youth. Mandatory jail terms were now part of the penal code for pimps who sexually exploited youth through violence. Canada had held a conference on commercial sexual exploitation and created a forum for young people who were involved in the sex trade to talk about their experiences. A number of federal departments provided rehabilitation services for youth in prostitution.

Ms. BECKTON said the Harvey case, referred to earlier, had dealt with the disqualification of a candidate running for provincial office because of past misdemeanours, such as corruption and illegal practices. That action had helped to promote confidence in the electoral process. Convicted persons could not hold any such office for a period ranging from five to seven years.

Questions from Experts

HIPOLITO SOLARI YRIGOYEN, expert from Argentina, raised the issue of the 1995 death of the peaceful aboriginal activist, Dudley George, as a result of what appeared to be extra-judicial authority. In light of Canada's abolition of the death penalty, he wanted to know whether persons could be extradited to countries that still had a death penalty and whether there were any measures to ensure that the extradited person could count on a respect for the right to life. He also asked about the possibility of expelling persons to a country where they could become victims of torture.

RAJSOOMER LALLAH, expert from Mauritius, commenting on the rights of children, said that those rights must be read in conjunction with various other articles of the Covenant. He asked for the percentage of poor children in the country. Also, he noted, if children had the right to residence and their parents did not, how could the right to family reunion be enforced, as specified in the Covenant? In addition, he requested clarification on Bill No.22 (1998), which prevented unionization with respect to community participation. If that bill was law, how could that terrible limitation on the right of association be explained?

LORD COLVILLE, expert from the United Kingdom, said that he understood that a process that facilitated civilian participation in police complaints in Ontario had been repealed and replaced with something that was less effective. He asked the delegation for clarification.

NISUKE ANDO, expert from Japan, said he agreed that the Ontario legislation seriously restricted the right of workers to strike. There seemed to be strict restrictions not only on association, but on strikes and collective bargaining. If those limitations differed from one province to the

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other, then they contradicted some of the principles of the Covenant. If that was the case, the Canadian Government had to look at how it could seriously try to implement its international obligations.

ROMAN WIERUSZEWSKI, expert from Poland, wanted to know to what extent the Federal Government had been prevented from conducting a public enquiry into the death of aboriginal activist, Dudley George.

ELIZABETH EVATT, expert from Australia, said there seemed to be no public entity to monitor Canada's compliance with its human rights obligations, even though there was one for its Charter rights. Addressing the issue of Dudley George, the aboriginal activist, she asked whether it was not the national responsibility of the Federal Government to look into what appeared to be an extra-judicial killing of an indigenous person who had national significance. The Committee had also been informed that there was increasing poverty and homelessness in Canada, which affected not only children, but their families and the most marginalized -- the indigenous people. Did Canada not see that as a general right to life issue? she asked.

MARTIN SCHEININ, expert from Finland, referred to the high incidence of substance abuse, deaths due to domestic violence and other disadvantageous circumstances affecting the aboriginal peoples. He wondered whether, under article 6, which provides for the right to life, it was an obligation of the Canadian Government to provide aboriginals with more meaningful lives.

Response to Questions

Ms. FRY said that the Federal Government acknowledged that citizens of Ontario still had questions on the death of Dudley George, the aboriginal activist, but the Federal Government did not yet perceive the issue as their responsibility.

Continuing, Ms. FRY said that, in terms of the Government's valuing the family, new social initiatives, with mobility and portability standards, would be implemented by 2001. Currently, the implementation of one of those initiatives allowed for low-income families -- those with an annual income of less than 29,000 Canadian dollars -- to benefit from a Child Benefit Programme, which was being instituted by provincial governments in collaboration with the Federal Government.

Mr. THERIEN said that on the issue of the deportation of the parents of Canadian citizens, international requirements did not compel permanent resident status to be granted to those persons. There were several mechanisms under the Immigration Act which allowed for persons to offer grounds to stay deportation, because of its effect on the family. With regard to that aspect, immigration officers were being trained on family interests and the current law.

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CECILIA MEDINA QUIROGA, expert from Chile and Chairman of the Human Rights Committee, said that Canada must be congratulated for its work in the area of human rights. However, the Committee had several major points of concern. Among those was an apparent incompatibility between their legislation on the deportation of the parents of Canadian citizens and articles 2, 3 and 17 of the Covenant. Also, article 7 prohibited the restriction allowed under Canadian law, that could, for reasons of national security, expel or extradite a person who might be in danger of torture. Finally, the issue of the aboriginal community and its link to land did not seem to have been given enough consideration, in accordance with articles 1 and 27 of the Covenant.

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