Submission to the Human Rights Committee

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 International Covenant on Civil and Political Rights (ICCPR). It is in the spirit of constructive engagement that the CHRC submits this report to the Human Rights Committee (the Committee) on the occasion of its consideration of Canada's 7th periodic report.

The Right to Life (Articles 1, 6)

The CHRC recognized that the COVID-19 pandemic exacerbated many of Canada's existing housing issues and urged governments at all levels to ensure a coordinated and swift response to ensure the right to safe, dignified and secure housing for all people in Canada.

Recommended Question #1:

Please provide details of the steps being taken to ensure the right to life and dignity for people living in inadequate housing and those facing homelessness across Canada, including those living in encampments. What steps are being taken to provide populations at risk of homelessness with safe, dignified and secure housing? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

The Rights of Indigenous Peoples (Articles 1, 2, 24, 26)

The CHRC noted that Indigenous peoples continue to be significantly disadvantaged in terms of access to basic needs, services and rights. The legacy of institutionalized child neglect, abuse and discrimination, and the residential school system as well as the chronic underfunding of essential services continues to have a detrimental effect on the well-being of Indigenous communities across Canada.

Recommended Question #2:

Please provide details of the steps being taken to ensure that services in Indigenous communities are equitable, adequate and appropriate. What steps are being taken to ensure that child and family services are equitable, adequate and appropriate, including by ensuring reliable funding for these services?

The CHRC acknowledged the inherent collective right of Indigenous peoples to self-determination and the obligation that Canada has to honour this right, enshrined in the treaties negotiated between Indigenous peoples and the Crown. The CHRC also called for the expeditious passage of Bill C-15, An Act respecting the United Nations Declaration on the Rights of Indigenous Peoples, through Parliament.

Recommended Question #3:

Please provide details of the steps being taken to recognize and affirm the inherent right to self-determination of Indigenous peoples, including by honouring treaties and implementing the UN Declaration in Canada.

The CHRC expressed concerns regarding the lack of overall progress in implementing the Calls to Action of the Truth and Reconciliation Commission of Canada (TRC) and the Calls for Justice of the Final Report of the National Inquiry into Missing and Murdered Indigenous Women and Girls (MMIWG).

Recommended Question #4:

Please provide details of the steps being taken to complete the remaining Calls to Action of the TRC. When does Canada expect to launch a National Action Plan to address the issues identified in the Final Report of the National Inquiry into MMIWG?

Issues in the Federal Justice System (Articles 2, 7, 9, 10, 14, 26)

The CHRC noted that within Canada's federal justice system, systemic and institutionalized racism and discrimination are still prevalent. The CHRC noted concerns regarding racial profiling and “over-policing” and their harmful impacts on Indigenous, Black and other racialized communities, as well as the criminalization of mental illness.

Recommended Question #5:

Please provide details of efforts being undertaken to address and eliminate systemic and institutionalized racism and discrimination in policing across Canada. What steps are being taken to reform policing practices that disproportionately and negatively affect groups in vulnerable circumstances such as Indigenous, Black and other racialized communities, as well as individuals with mental health disabilities? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to these issues?

The CHRC noted that some populations, in particular Indigenous and Black prisoners, experience discrimination in relation to their conditions of confinement, including with respect to classification and treatment. The CHRC also noted the lack of appropriate capacity, resources and infrastructure to manage serious mental health conditions or the needs of older prisoners in correctional institutions, and the resulting vulnerability and overrepresentation of these populations.

Recommended Question #6:

Please provide details of efforts being undertaken to address and eliminate systemic and institutionalized racism and discrimination in prisons across Canada. What steps are being taken to develop a concrete and holistic strategy to address the over-incarceration of certain groups? What steps is Canada taking to develop a concrete and specific strategy to ensure that its policies and practices meet the special needs of prisoners in vulnerable circumstances in relation to their conditions of confinement?

The CHRC raised a number of concerns with respect to the implementation and operation of the “Structured Intervention Unit” (SIU) regime. This included the need for systematic monitoring and independent oversight, as well as the need for the Correctional Service of Canada to implement effective data collection and public reporting practices. The CHRC also urged that special attention must be given to how specific groups with intersectional vulnerabilities experience conditions of isolation.

Recommended Question #7:

Please provide details of the steps being taken to ensure that the current SIU regime does not continue to create conditions of de facto solitary confinement for prisoners. What steps are being taken to ensure effective and timely data collection practices to facilitate the analysis and monitoring of the experiences of prisoners placed in SIUs, including Indigenous and racialized prisoners, women, trans and gender non-binary prisoners, and those with physical, mental health and intellectual disabilities?

Recommended Question #8:

What steps are being taken to establish an independent oversight body to monitor the operation of the SIU regime?

People with Disabilities (Articles 2, 25, 26)

The CHRC reiterated that accessing Medical Assistance in Dying (MAiD) should not result from the existence of systemic inequality, nor should it be a default for a State's failure to fulfill its human rights obligations under the United Nations Convention on the Rights of Persons with Disabilities. The CHRC urged Canada to ensure that the choice to request and receive MAiD is meaningful and truly voluntary, to build a monitoring and reporting system using a human rights-based approach, and to include people with disabilities themselves, especially those who experience multiple and intersecting forms of discrimination, in further reviews of the application of MAiD legislation.

Recommended Question #9:

Please detail the plans to monitor, review and report on the impacts of MAiD on various groups, including people with disabilities. What efforts are being made to ensure that all factors, including socioeconomic factors, are included in this monitoring regime? What efforts are being made to ensure that communities who are impacted by MAiD are involved in this work?

The CHRC noted concerns regarding the inaccessibility and exclusionary nature of Canada's election process. Alternative methods of voting which aim to eliminate some barriers for people with disabilities have yet to be widely implemented across jurisdictions.

Recommended Question #10:

Please detail the steps being taken to ensure that people with disabilities are able to participate in elections in an accessible manner. What steps is Canada taking to reduce barriers to participation in the democratic process for people with disabilities more generally? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to this issue?

Pay Equity (Article 7)

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 that the Pay Equity Act only applies 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 #11:

Please provide details of efforts being made in the pay equity regime to account for the disproportionate effects experienced by diverse groups of women in Canada, including women with disabilities and Indigenous, racialized and newcomer women. What efforts are being made to advance pay equity through Canada's social and economic recovery efforts? What efforts are being made to coordinate, advance and promote pay equity across the various jurisdictions in Canada?

Online Hate (Articles 19, 20)

The CHRC noted that the proliferation of online hate has increased rapidly over the last five years and urged Parliament to put in place a comprehensive approach, including measures such as platform regulation, requirements for companies to remove hate and clearly demonstrate their content moderation, civil remedies that victims can access, and coordinated public awareness and education. The CHRC also noted that it looks forward to the introduction of new legislation to address this issue, as announced by the federal government.

Recommended Question #12:

Please detail the legislative and other steps being taken to ensure that online hate will be addressed in a comprehensive and proactive manner, including steps that recognize the disproportionate impact of hate on marginalized communities, such as Indigenous, Black, Asian, Jewish, Muslim and 2SLGBTQI populations.

Intersex, Trans and Gender Diverse Individuals (Articles 2, 7, 26)

The CHRC expressed concerns about the rights of intersex, trans and gender diverse people in Canada. The CHRC noted that members of the younger non-binary community face unique challenges within social and legal systems, which still often recognize only two binary genders, and advocated for the removal of sex or gender on IDs, documents, forms and systems where this information is not necessary.

Recommended Question #13:

What steps are being taken to ensure that Canada's social and legal systems effectively recognize and respond to the gender diversity of its population, including within the pay equity regime?

The CHRC urged Canada to use existing evidence of discrimination and harassment faced by racialized trans and non-binary persons to create policies and inform practices that will alleviate concerns of discrimination, violence and assault, and improve their lived experiences.

Recommended Question #14:

What steps are being taken to address systemic racism affecting racialized trans and non-binary persons in Canada, including with respect to negative experiences with police and the legal system?

The CHRC highlighted the issues of unnecessary surgeries and conversion therapies, and urged Canada to work to reduce stigma, to recognize and normalize variations of sex characteristics and gender diversity, and to provide intersex, trans and gender diverse people with better access to appropriate care and supports that enable them to enjoy their right to health and to fully exercise their human rights.

Recommended Question #15:

What steps are being taken to ensure that there is a full ban on conversion therapies in Canada, as well as unnecessary surgical interventions on intersex children? What efforts are being made to ensure coordination between the various jurisdictions in Canada in relation to these issues?

Technology and Privacy (Article 17)

The CHRC noted that human rights protections must continue to evolve and take into account advancements in technology, such as artificial intelligence (AI) and assisted decision-making, and that privacy law reform intended to address concerns must take a human rights-based approach.

Recommended Question #16:

What steps are being taken to ensure that racism and discrimination are not being perpetuated through technology? Please detail the steps being taken to ensure that human rights are fully protected in the face of technological advances, and that these advances in Canada – including the use of AI and assisted decision-making – benefit all.

Canada's Implementation of International Human Rights

The CHRC noted that the current system for implementation of Canada's international human rights obligations, including those under the ICCPR, is both structurally inadequate and practically ineffective. The CHRC urged Canada to continue to make substantial, meaningful and coordinated progress on a robust implementation and monitoring framework.

Recommended Question #17:

What efforts are being made to ensure that the enhanced systems being created by Canada towards a robust implementation and monitoring framework of its international human rights obligations, including those under the ICCPR, are inclusive and transparent?