Submission to the Committee on Economic, Social and Cultural Rights

Executive summary

The Commission is committed to working with the Government of Canada, as well as domestic and international partners and stakeholders, to ensure continued progress in the protection of human rights, including those rights enshrined in the Covenant on Economic, Social and Cultural Rights (CESCR). It is in the spirit of constructive engagement that the CHRC submits this report to the Committee Economic, Social and Cultural Rights (the Committee) in advance of the Committee’s development of the list of issues prior to reporting for Canada’s 7^th periodic review.

Equality and non-discrimination (Article 2)

The CHRC noted that individuals experiencing social and economic disadvantage are amongst the most vulnerable in Canadian society. Structural and institutional reform is necessary to ensure that systemic economic, social and cultural rights issues are justiciable and can be effectively claimed in Canada. The CHRC advocated for the addition of a ground of discrimination in the Canadian Human Rights Act (CHRA) related to social or economic status, to better address these realities.

Recommended Question #1:

Given the prevalence of economic and social disadvantage, has Canada given consideration to adding an appropriate ground to the CHRA – such as social condition – to protect individuals from discrimination related to their economic and social status, as recommended by the Committee?

The CHRC also noted that Canada has not yet ratified the Optional Protocol to the CESCR.

Recommended Question #2:

Does Canada have plans to ratify the Optional Protocol to the CESCR?

Women (Articles 2, 3, 6 & 7)

The CHRC noted persistent pay inequity between men and women in Canada. The CHRC also noted that the Pay Equity Act (PEA), which addresses some pay equity issues in Canada, applies only to a small percentage of employment in Canada.

Recommended Question #3:

Please provide details of efforts being undertaken to ensure effective implementation of the PEA. What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

The CHRC highlighted a growing number of complaints related to gender-based violence, and noted that severe underreporting and significant impacts on victims characterize a problem that necessitates significant cultural and societal change.

Recommended Question #4:

Please provide details of efforts being undertaken to increase awareness of sexual harassment in the workplace. What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Persons with disabilities (Articles 2, 6, 7, 12 & 13)

The CHRC reported a growing number of complaints related to disability, a significant proportion of which are regarding employment. The CHRC noted that accessibility remains a pre-eminent concern for persons with disabilities in Canada. The CHRC raised several concerns relating to the successful implementation of the Accessible Canada Act (ACA) to ensure that the goals of this legislation are fully realized.

Recommended Question #5:

Please provide details regarding the regulatory process under the ACA, including information about anticipated regulations and timelines for enactment and implementation.

Furthermore, the CHRC noted that the ACA currently does not clearly apply on First Nations reserves, and reiterated concern that this lack of clarity may lead to a persistent gap in human rights protection for Indigenous peoples. The CHRC urged the government to work quickly to ensure that the human rights of Indigenous people with disabilities are well protected.

Recommended Question #6:

Please provide details regarding plans to ensure that accessibility legislation applicable to First Nations communities is enacted and/or implemented. Further, please provide details of steps being taken to ensure that such legislation is consistent with the UNDRIP.

The CHRC also highlighted concerns over the lack of consistent, ongoing and appropriate funding to facilitate the participation of persons with disabilities and their representative organizations in consultations and other activities, and urged their meaningful inclusion in the implementation of the ACA.

Recommended Question #7:

Please provide details of the steps being taken to ensure that persons with disabilities and their representative organizations are able to fully engage in the process of implementation of the ACA, including resources that will be made available for this purpose.

The CHRC also highlighted ongoing barriers and stigma faced by people with disabilities in Canada when seeking employment, workplace inclusion, accommodation, and career advancement.

Recommended Question #8:

Please provide details of efforts to address barriers to employment for persons with disabilities. What steps are being taken to foster inclusion and address workplace cultures that create barriers to employment for persons with disabilities? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

The CHRC noted continued systemic social and institutional barriers faced by people with disabilities in educational attainment and training, and the resulting negative impacts on overall well-being.

Recommended Question #9:

Please provide details of efforts to address barriers to education for persons with disabilities. What steps are being taken to foster inclusive and accessible learning environments and to prevent and combat bullying? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Housing (Article 11)

The CHRC raised the unacceptable levels of homelessness and poverty experienced by people across Canada, and particularly the profound impact of homelessness and poverty on people who face multiple and intersecting forms of discrimination. While the CHRC welcomed the anticipated appointment of the Federal Housing Advocate, the CHRC also noted the limits of their powers to matters within federal jurisdiction, and the potential limitations that this could impose on the Advocate’s ability to fulfill their mandate.

Recommended Question #10:

Please provide details of efforts being undertaken to ensure that the Federal Housing Advocate, once appointed, is provided with the necessary tools and resources to broadly fulfill its mandate, particularly on issues that have shared jurisdictional responsibilities.

The CHRC also raised that the notion of a human rights-based approach to housing has not been a predominant theme in the development and implementation of Canada’s housing laws, policies and programs.

Recommended Question #11:

Please provide details of efforts being undertaken to ensure that Canada’s housing laws, policies and programs incorporate a rights-based approach to housing.

The CHRC emphasized that the problems of poverty and inadequate housing are interrelated, interdependent and often indivisible, and that any new and existing initiatives must be planned, resourced and coordinated across issues and equality initiatives, and across different sectors of society.

Recommended Question #12:

Please provide details of efforts being undertaken to ensure coordination between housing and poverty legislation and strategies, and between the various jurisdictions in Canada in relation to this issue.

Indigenous Peoples (Articles 2, 10, 11 & 12)

The CHRC emphasized the high levels of socio-economic disadvantage and systemic discrimination faced by Indigenous peoples in many facets of their daily life, including in education, employment, and access to basic needs. The CHRC noted that First Nations communities continue to live without access to equitable and adequate services and infrastructure, often due to lack of funding. The CHRC urged Canada to provide adequate resources to make meaningful enhancements to the child welfare system, health and wellness, and other essential services.

Recommended Question #13:

Please provide details of the steps being taken to ensure that services in First Nations communities are equitable, adequate and appropriate. What steps are being taken by Canada to implement the recommendations made by the National Inquiry into Missing and Murdered Indigenous Women and Girls, including in relation to the provision of services?