Submission to the Committee on the Elimination of Discrimination Against Women

Executive summary

Pay equity

The CHRC noted that pay inequity between men and women continues to be a persistent problem in Canada. The gender pay gap is even more pronounced for Indigenous and other racialized women in Canada, and for women with disabilities. The CHRC noted also that the Pay Equity Act (PEA) applies only to federally-regulated workplaces, which constitute a small percentage of employment in Canada, and that there is no consistent approach to this issue across the country.

Recommended Question #1:

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?

Sexual harassment

Women, especially women with diverse intersectional identities, are at an elevated risk of experiencing sexual harassment and assault. The CHRC noted that existing federal legislation designed to address harassment and assault is applicable only to federally-regulated workplaces, and that changes within society and culture are also needed to end sexual harassment and assault.

Recommended Question #2:

Please provide details of efforts being undertaken to bring 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 deprived of their liberty

The CHRC noted that Indigenous women are over-represented within the federal correctional system. The lingering effects of colonization and the legacy of the residential school system are significant contributing factors. The CHRC noted also that several recommendations have been made to the government on measures to address overrepresentation.

Recommended Question #3:

Please provide details of efforts to address the over-representation of federally incarcerated Indigenous women.

The CHRC highlighted the disproportionate rate of Indigenous women placed in isolated and restrictive conditions of confinement within the correctional system under regimes such as that of “structured intervention units” (SIUs). The CHRC expressed concerns with the SIU regime, including a failure to recognize that some inmates should never be placed in isolation; the addition of extensive internal reviews, which delay access to external oversight and which is ill-suited for urgent situations; and the breadth of discretion afforded to Correctional Services Canada (CSC) to decide the terms of confinement.

Recommended Question #4:

Please provide information about the operation of SIUs in federal prisons, including the number of women held in SIUs, the proportion of those inmates who have identified mental health related needs, the length of stay in an SIU, and the number of times CSC refused to follow the recommendation of a health care provider to release someone from an SIU.

Women with disabilities

The CHRC noted that women with disabilities continue to experience various systemic and institutional barriers in education, employment, and other areas, as well as a combination of social and economic disadvantage, which has a negative impact on their overall well-being.

Recommended Question #5^{Footnote 1}:

Please provide details of efforts to address barriers to education and employment for women with disabilities. What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to these issues?

The CHRC raised that women with disabilities experience significant barriers in terms of accessing affordable, safe and adequate housing, as well as related supports and services. This leads to risks such as institutionalization, abuse, exploitation and violence.

Recommended Question #6:

Please provide details on the anticipated impact of the housing legislation and the National Housing Strategy on women with disabilities. What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to these issues?

Indigenous women and girls

Indigenous people, including women and girls, are significantly disadvantaged in terms of education and employment and continue to live without equitable access to basic rights, supports, and services. The CHRC expressed concerns regarding the provision of services and funding to address these disparities.

Recommended Question #7:

Please provide details of the steps being taken to ensure that services for Indigenous women and girls 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?

The CHRC addressed experiences of forced or coerced sterilization relayed by Indigenous women, which have significant impacts on their overall health and well-being as well as on their overall access to critical sexual and reproductive health care.

Recommended Question #8:

Please provide details of the steps being taken to respond to ongoing allegations about the forced or coerced sterilization of Indigenous women in Canada. What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?