Not There Yet Canada’s implementation of the general measures of the Convention on the Rights of the Child

A joint publication of the UNICEF Innocenti Research Centre and UNICEF Canada UNICEF IRC publications are contributions to a global debate on child rights issues and include a wide range of opinions. For that reason, the Centre may produce publications that do not necessarily reflect UNICEF policies or approaches on some topics. The views expressed are those of the authors and are published by the Centre in order to stimulate further dialogue on child rights.

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© United Nations Children’s Fund (UNICEF), August 2009

ISBN: 978-88-89129-92-0 CONTENTS

ACKNOWLEDGEMENTS ...... v

ABBREVIATIONS ...... vii

FOREWORD ...... ix

PREFACE ...... xi

1. LAW REFORM AND THE CONVENTION ON THE RIGHTS OF THE CHILD ...... 1 Introduction ...... 1 Canada’s Constitution and the Convention...... 1 Status of the Convention in Canadian law...... 2 Canada’s reservations to the Convention ...... 2 Federal government and law reform...... 3 Federal law reform ...... 4 Provincial law reform ...... 7 Jurisprudence and the judiciary ...... 9 General challenges to child rights in judicial interpretation and application ...... 11 Contributions to law reform from civil society ...... 12 Should the Convention be incorporated into domestic law? ...... 12 Conclusion ...... 14

2. BUDGETING AND CHILDREN...... 15 Introduction...... 15 Budget allocations...... 15 Benefits for children in the federal budget...... 16 Aboriginal children...... 17 Budgets for children in Canada’s international development assistance...... 19 Provincial budgets ...... 19 Expenditures and evaluation...... 20 Civil society and budgets for children ...... 21 Conclusion ...... 24

3. NATIONAL PLANS OF ACTION ...... 25 Introduction ...... 25 Federal and provincial efforts...... 25 Canada’s national plan of action...... 26 Analysis...... 28 Conclusion ...... 29

iii 4. MONITORING MECHANISMS ...... 31 Introduction ...... 31 Federal government process of reporting to UN committees...... 31 Data collection ...... 32 Provincial reporting process...... 33 Civil society efforts...... 34 Analysis and conclusion ...... 36

5. CHILD RIGHTS EDUCATION, AWARENESS-RAISING AND TRAINING ACTIVITIES ...... 37 Introduction ...... 37 Government activities...... 37 Civil society efforts ...... 42 Conclusion ...... 43

6. INDEPENDENT HUMAN RIGHTS INSTITUTIONS FOR CHILDREN ...... 45 Introduction ...... 45 Federal level...... 45 Provincial level...... 48 Municipal level ...... 50 Conclusion ...... 50

7. COORDINATION EFFORTS AND MECHANISMS FOR CHILD RIGHTS...... 51 National-level coordination ...... 51 Provincial and local efforts ...... 52 Challenges to coordination ...... 54 Weaknesses in federal leadership on child rights ...... 55 Civil society capacity and resource contraints...... 55 Conclusion ...... 55

8. FINAL SUMMARY, MAJOR CHALLENGES AND RECOMMENDATIONS ...... 57 Challenges to implementation of the Convention...... 58 Assets ...... 60 Recommendations ...... 62

Endnotes ...... 65

iv ACKNOWLEDGEMENTS

The UNICEF Innocenti Research Centre (IRC) undertakes research on the implementation of the Convention on the Rights of the Child, with a particular focus on the general measures of implementation identified by the Committee on the Rights of the Child.

This case study, Not There Yet: Canada’s implementation of the general measures of the Convention on the Rights of the Child, was conducted by Landon Pearson, O.C. and Tara M. Collins, and prepared as a collaborative effort of the Landon Pearson Resource Centre for the Study of Childhood and Children’s Rights, Carleton University, Ottawa. The publication was jointly promoted by the UNICEF National Committee in Canada (UNICEF Canada) and the UNICEF Innocenti Research Centre. It was developed under the overall guidance of IRC Director Marta Santos Pais and managed by Susan Bissell, then Chief of IRC’s Implementation of International Standards Unit, and Lena Karlsson, Child Protection Specialist.

In the development of this study, special appreciation is expressed to the child advocates from the nine provinces in which they work, members and staff of the Senate Standing Committee on Human Rights, the children and youth consulted in June 2007, and all the other individuals, too numerous to name, from both inside and outside the government, who have been willing to share their experience, knowledge and concern for children.

The publication was copy-edited by Arati Rao and proofread by Pamela Knight. Allyson Alert-Atterbury of IRC’s Communication and Partnership Unit oversaw the editorial and production process.

The case study is intended for use by policymakers, United Nations organizations and non-governmental organizations. The information that it contains was current as of September 2008.

v vi ABBREVIATIONS

CAPC Community Action Program for Children CAYAC Child and Youth Action Committee (Nova Scotia) CCRC Canadian Coalition for the Rights of Children CCTB Canada Child Tax Benefit CIDA Canadian International Development Agency CMAJ Canadian Medical Association Journal CPAC Cable Public Affairs Channel CPRN Canadian Policy Research Networks CPS Canadian Paediatric Society CST Canada Social Transfer DCI Defence for Children International ILO International Labour Organization IYC International Year of the Child (1979) NCB National Child Benefit NGO non-governmental organization NPA national plan of action OECD Organisation for Economic Co-operation and Development PREVNet Promoting Relationships and Eliminating Violence Network (a Canadian anti-bullying network) RCMP Royal Canadian Mounted Police SCY Society for Children and Youth of British Columbia SUFA Social Union Framework Agreement UEY Understanding the Early Years (initiative) VSI Voluntary Sector Initiative WHO World Health Organization YCJA Youth Criminal Justice Act

All amounts are expressed in Canadian dollars (Can$).

vii viii FOREWORD

The Convention on the Rights of the Child was insufficient legal protection of children from adopted by the global community in 1989.1 It violence and exploitation; and disparities came into force in Canada in 1991.2 between the performance of Aboriginal children and other Canadian children on many This Convention has been ratified by almost measures of well-being. every country in the world – an unprecedented acceptance of the accountability of governments Canada has the economic means to provide for to their most vulnerable citizens. Over the past and protect the rights of children to a higher 20 years, incredible progress for children has standard – even in challenging times. UNICEF been achieved, even in countries stricken by research in industrialized and developing poverty, conflict and disasters. Deaths among countries alike suggests that progress for children under five have fallen dramatically, as children can be built upon and stimulated by have the numbers of children out of school putting in place or strengthening the ‘general across the developing world. In a country like measures’ of the Convention3 – structures and Canada, with economic means, stable processes that promote the best interests of institutions and technical knowledge, a much children in public policy and make all sectors of more progressive realization of children’s rights society accountable. in laws, policies and services may be expected. This report reviews the implementation in By and large, Canadian families provide for Canada of the general measures of the their children and protect them from harm. We Convention on the Rights of the Child. It know, however, that children also have a direct recalls the recommendations made by the call on governments for the provision and Committee on the Rights of the Child and by protection of their rights. Children and families Canada’s Senate Standing Committee on need policies, laws and investments that Human Rights to bolster Canada’s legal and specifically consider the rights and well-being institutional arrangements to build a truly of the youngest citizens, and governments at protective and rights-enabling framework all levels that are accountable for their for all children. responsibilities to children. In light of this review, Canada can take four Canada has made progress on many fronts. practical steps with substantive benefits for Many children are doing well. Breastfeeding children across the country: rates are increasing. Improved school nutrition policies and practices are proliferating. The 1. Pass enabling legislation to make child rights government has made a recent commitment to a part of Canadian law and ensure that all improve the mental health of children and legislation in Canada complies with the adults. Most provinces have independent Convention on the Rights of the Child and advocates for children. other international normative standards for children. To complement such legislation, Compared to other affluent nations, however, regular and systematic child-impact Canada has a large proportion of children in assessments of proposed legislation, care and in the justice system; high rates of policies, budgets and programmes, at both childhood obesity and mental illness; fewer federal and provincial levels, can help quality-assured childcare spaces relative to prevent decisions that may have negative other countries of similar economic means; effects on children.

ix 2. Establish a national children’s commissioner Putting in place these general measures will go to place children high on the political a long way to ensuring sustainable attention to agenda. An independent commissioner or children’s rights and well-being in Canada. ombudsperson for children can provide an important mechanism to promote and These measures embody a political commit - ensure that children’s best interests are a ment to children; the capacity to muster the priority in public policy. nation’s resources to respond to the needs of children; and the desire to use policies, laws 3. Establish a children’s budget to identify the and budgets to put an end to the factors that amount and proportion of resources spent place children at risk. on children at the federal, provincial and territorial levels. This will give children With these mechanisms in place Canada will be visibility in public accounts, as is done for able to do more for all children. other constituencies such as women, veterans and senior citizens. As the population most vulnerable to economic policy and yet with the least influence on it, children and young people’s best interests should clearly guide the budgeting process. 4. Monitor the implementation of the Convention by developing regular public reports on the status of children and their rights in Canada, facilitating participation by children in setting the national agenda and Nigel Fisher Marta Santos Pais promoting a system of accountability for President and CEO Director children’s rights. UNICEF Canada UNICEF Innocenti Research Centre

x PREFACE

Canada’s long-standing parliamentary For many years, Canada has been perceived as democracy system was founded in 1867 when an international leader with respect to the British colonies north of the American children’s rights. Canada played a significant border – both English- and French-speaking – role in drafting the Convention on the Rights of came together to create a confederation. the Child between 1979 and 1989, co-chaired Canada today comprises 10 provinces and the World Summit for Children in 1990, hosted 3 northern territories, and its borders extend an important international conference on war- from sea to sea. Canada has two official affected children in 2000, and was front and languages, English and French. One province, centre at the United Nations General Assembly Quebec, has been recognized by the Parliament Special Session on Children in 2002. This leadership role was non-partisan: it was as a nation within a nation, a distinct society on embraced over the years by both Conservative account of its French-speaking majority, unique and Liberal governments. culture and civil law tradition. The peoples who have inhabited Canada for thousands of years, Canada signed the Convention on the Rights long before the arrival of the British and of the Child1 on 28 May 1990 and ratified it on French, are known as Aboriginals. From a 13 December 1991; the Convention came into constitutional perspective, the Aboriginal force in Canada in 1991.2 The Optional people are described more specifically as Protocol on the involvement of children in Indian, Metis and Inuit; each group has its own armed conflict3 was ratified by Canada in heritage, language, cultural, political and 2000, and the Optional Protocol on the sale of spiritual beliefs. Their rights as Aboriginals are children, child prostitution and child guaranteed by Canada’s Charter of Rights and pornography4 in 2005, both of which Canada Freedoms (1982). The current population of helped to draft. Canada, approximately 32 million, also includes many people from all corners of the However, when it comes to taking the necessary globe who have come as immigrants or measures to implement the Convention, the refugees over the last two centuries and have country has faced enormous challenges. The two reports issued by the Senate Standing added to Canada’s diversity. Committee on Human Rights on Canada’s implementation of its international obligations Canada was among the founders of the United with respect to children, entitled ‘Who’s in Nations and has a long history of support for Charge Here?’ (2005)5 and ‘Children: The human rights. It has been continuously silenced citizens’ (2007)6, have been particularly engaged in the negotiations of every human useful in documenting the issues confronting rights declaration and convention under the Canada as it seeks to fulfil its commitments. authority of the United Nations since the end of the Second World War. Canada is also a This case study, Not There Yet: Canada’s member of a large number of other implementation of the general measures of the international and regional organizations, and Convention on the Rights of the Child, has earned respect for taking its human rights was commissioned by the UNICEF Innocenti responsibilities seriously. Research Centre (IRC) and complements a

xi report by IRC on implementation of the Chapter 3 discusses national plans of action. Convention in 62 countries. With so many Monitoring processes and mechanisms, and the countries under review, the space allotted to child’s right to education, awareness and training each one in that report was necessarily limited. are discussed, respectively, in Chapters 4 and 5. An in-depth case study of countries in different Chapter 6 analyses independent national human regions of the world was thus deemed rights institutions for children, and Chapter 7 desirable to illustrate good practices, lessons explores coordination efforts and mechanisms. learned and remaining challenges, using the The final chapter, Chapter 8, contains a summary general measures identified by the Committee of challenges, assets and recommendations for on the Rights of the Child as a framework. improved implementation. The challenges to Canada was chosen as a case study in part because it illustrates implementation of the implementation in a country like Canada, Convention in a large federated State, with which has a relatively small population spread provincial governments and the national across a vast land mass, are unique to its government responsible in various ways for history, geography, political structure and the the rights and protection of children. many cultures that exist within its borders. Nevertheless, lessons learned from the It should be noted that the case study is implemen tation of the Convention on the exemplary rather than exhaustive. Chapter 1 is Rights of the Child in Canada are universal and devoted to the impact of the Convention on law could apply to all States Parties to the reform and jurisprudence. Chapter 2 examines Convention, who are united in their search for budgeting and tracking expenditures, and a better future for every child.

xii LAW REFORM AND THE CONVENTION ON THE RIGHTS 1 OF THE CHILD

One critical approach to evaluating the and purpose.” It is the domestic constitutional implementation of the Convention on the Rights and legal system that determines the method by of the Child1 by a State Party is to examine law which the State internalizes international reform and jurisprudence. This can be a standards; whether an individual State has a relatively simple task in a unitary state with a monist or dualist system determines the status civil law tradition, but is much more challenging of international law within it.3 Monist systems in a federal State like Canada with a allow incorporation of international human parliamentary system based on the Westminster rights treaties into the domestic legal framework, model, and where the common law tradition thereby immediately establishing domestic legal predominates. Making law in Canada is a obligations and legal protection for citizens. In lengthy and sometimes cumbersome process, contrast, in dualist legal systems such as allowing for much debate and considerable Canada’s, international obligations have no effect public involvement. The Canadian Parliament is on domestic law unless legislation is in force to bicameral, with a House of Commons and a incorporate a treaty’s obligations.4 This approach Senate. This structure, and the fact that the reflects both the constitutional authority of the Senate is known as “the chamber of sober executive to consent to a treaty without second thought,” can add to the length of time legislative approval, as well as the legislature’s an Act, once drafted, actually takes to become constitutional supremacy to make laws.5 law. The complexity of the law-making and juridical processes in Canada does not Dualist systems rely upon transformation, necessarily mean that the Convention is not whereby the treaty in question inspires the being implemented, but it is a challenge to track adoption of relevant national laws. Unless law reform that is specifically informed by the entire treaty is incorporated into domestic Canada’s obligations under the Convention. law, the influence of international law on the domestic regime takes time because legislators, policymakers and judges need Introduction to incorporate treaty standards into their day-to-day work. Hence, while ratification of, Ratification by a State of an international human or accession to human rights instruments is rights treaty like the Convention on the Rights of necessary and valuable in itself, it is the Child implies the State Party’s agreement to be bound by the legal instrument’s obligations. A insufficient because various measures must fundamental principle of international law, pacta precede any domestic implementation. sunt servanda, states: “Every treaty in force is binding upon the parties to it and must be performed by them in good faith.”2 But as Canada’s Constitution and article 31 of the Vienna Convention on the Law of the Convention Treaties recognizes “as treaty shall be interpreted in good faith in accordance with the Canada is a constitutional democracy in which ordinary meaning to be given to the terms of the legal systems derived from British common law treaty in their context and in the light of its object and the French civil code coexist. Section 52

1 of the Constitution Act of 1982 states: national law, public safety and security (as “The Constitution of Canada is the supreme with the International Covenant on Civil and law of Canada, and any law that is inconsistent Political Rights)12 or justify inadequate national with the provisions of the Constitution is, to the implementation.13 In this regard, in 2003 the extent of the inconsistency, of no force or Committee on the Rights of the Child again effect.” Before adoption of the Canadian expressed its regret at Canada’s lack of Charter of Rights and Freedoms in 1982, the action.14 Various problems related to principle of legislative supremacy applied, implementation of the Convention in Canada reflecting the division of powers between the also led the Senate Standing Committee on federal and provincial levels of government. Human Rights to recommend, inter alia, that The Charter, however, circumscribed the power with Convention signature and ratification, of the legislature so that now all statutes must “the federal government immediately comply with the Charter as judicially implement and comply with its obligations interpreted and applied.6 If necessary, laws under that Convention.”15 must be changed to secure compliance. Canada has two Constitution Acts: the British Canada’s reservations to North America Act of 1867 (renamed the Constitution Act, 1867 in 1982); and the the Convention Constitution Act, 1982, when the Constitution Reservations are a challenge to human rights was finally patriated from Great Britain.7 law because, by limiting or attaching A division of powers between the federal conditions to implementation when ratifying or government and the provinces is laid out acceding to an international treaty, they under sections 91-93 of the first Act and provide an avenue for States to avoid confirmed by the second. The federal violations. According to the Vienna Convention government has jurisdiction in the areas of on the Law of Treaties, a reservation is: foreign affairs, defence, citizenship and immigration, criminal law, divorce, and “A unilateral statement, however phrased Aboriginal persons; and the provinces are or named, made by a State, when responsible for health care, education, child signing, ratifying, accepting, approving or welfare, most family law, including adoption, acceding to a treaty, whereby it purports and the administration of justice. Hence, to exclude or to modify the legal effect of responsibility for implementation of the certain provisions of the treaty in their Convention, including law reform, has to be application to that State.” 16 shared between both levels of government. The fact that reservations are widely considered a necessary part of international law is reflected Status of the Convention in the several different treaty provisions that in Canadian law require a reservation’s compatibility “with the object and purpose of the present Convention.”17 Due to the nature of treaty obligations and Although reservations can allow incomplete customary law, “there is a general duty to and fragmented implementation, the States bring internal law into conformity with that reserve are “not necessarily worse than obligations under international law.”8 However, States that ratify and fail to implement in 1995, the Committee on the Rights of the their obligations.”18 Child expressed “its concern about the value of the Convention in [Canada’s] domestic law. The executive branch has the power to enter Certain basic provisions and principles of the reservations. Despite Canada’s willingness to Convention...have not always been adequately restrict the number of reservations made to reflected in national legislation and policy- ratified treaties in order to protect the universal making.”9 As the Convention on the Rights of nature of rights,19 Canada made reservations to the Child can be referred to only through two provisions of the Convention. The judicial interpretation of domestic legislation, reservation concerning article 21 was made in further effort is required to ensure effective order to preserve customary care among implementation of the Convention.10 While Aboriginal peoples: human rights treaties enunciate the rights of individuals, they are interpreted or potentially “With a view of ensuring full respect for restricted in implementation by States the purposes and intent of article 20 (3) Parties.11 For instance, claw-back and and article 30 of the Convention, the derogation provisions allow States to prioritize Government of Canada reserves the right

2 Law reform and the Convention on the Rights of the Child not to apply the provisions of article 21 to In 2007, the federal Cabinet had no minister the extent that they may be inconsistent responsible for children and youth.27 Without a with customary forms of care among minister, responsibility for children’s issues is aboriginal peoples in Canada.” 20 divided among various federal departments and ministerial mandates, and lacks a Canada’s second reservation is to article 37 (c), coordinated focus. Even with a junior minister, which provides for separate facilities for detained as in the past, the post had limited influence. young persons.21 The reservation states: Nevertheless, under previous governments, both Conservative and Liberal, the concept of “The Government of Canada accepts the children’s rights had some traction, and indeed, general principles of article 37 (c) of the champions, notably the Conservative Prime Convention, but reserves the right not to Minister Brian Mulroney who co-chaired the detain children separately from adults World Summit for Children in 1990, and the where this is not appropriate or feasible.” 22 Liberal Foreign Minister Lloyd Axworthy, a The Government has informed the Committee major international supporter of the landmines on the Rights of the Child that it does not treaty in 1997.28 intend to withdraw the first reservation, and has a “rather slow process” towards the Role of the legislative branch removal of the second.23 In spite of government justifications for these reservations, the Historically, the legislative branch of the federal Committee on the Rights of the Child and government, the Parliament of Canada, has several experts have criticized Canada for its neither been engaged in negotiations for unwillingness to withdraw them.24 Canada also human rights treaties nor in the processes of placed a statement of understanding upon signature and ratification, since there is no ratification that enunciated: constitutional requirement for parliamentary approval or study.29 This is typical of dualist “It is the understanding of the systems, but in Canada, treaties such as the Government of Canada that, in matters Convention on the Rights of the Child in future relating to aboriginal peoples of Canada, will be tabled in Parliament, as announced by the fulfillment of its responsibilities under former Foreign Minister Maxime Bernier in article 4 of the Convention must take into January 2008.30 There is no guarantee that this account the provisions of article 30. In will be accompanied by enabling legislation as particular, in assessing what measures recommended by the Senate Standing are appropriate to implement the rights Committee on Human Rights,31 but at least it recognized in the Convention for paves the way to this being done. In the past, aboriginal children, due regard must be however, most parliamentary activity around paid to not denying their right, in the Convention has issued from the dedication community with other members of their of a small number of parliamentarians who group, to enjoy their own culture, to have regularly introduced private members’ profess and practise their own religion bills, primarily to raise awareness, or have and to use their own language.” 25 insisted on bringing up child rights during the course of legislative hearings.32 Then, in 2004, the Senate Standing Committee on Human Federal government and Rights began to examine the effective law reform implementation of Canada’s international obligations with respect to the rights of Role of the executive branch children, and the whole Senate became involved. The Committee’s two reports since Canada’s government is based on the British have made a major contribution to advancing Parliamentary system. The executive is the parliamentary awareness of children’s rights.33 Canadian Prime Minister and his/her Cabinet is The Committee’s interim and final reports served by the government bureaucracy. In (released in April 2007) were adopted by the accordance with British tradition, the Canadian full Senate on 6 June 2007, adding authority to executive branch is subject to the legislative the Committee’s recommendations. On and judicial branches.26 Yet, the executive 18 June, the Senate passed a resolution branch has immense power in defining and requesting the government to respond to the leading political efforts, setting priorities contents of the report.34 No resource according to perceived political will, even when commitment was tabled in the Senate on the party in power is in a minority position. 18 November 2007.

NOT THERE YET 3 Federal law reform federal offenders are eligible for full parole after serving one third of their sentence, or Although Canada ratified the Convention on seven years, whichever is less.38 Children’s the Rights of the Child in 1991 on the basis of advocates have identified several means to the Charter of Rights and Freedoms and the further harmonize, strengthen and enforce notion of the gradual realization of rights, the various pieces of legislation to protect children Convention has had a real impact on federal from sexual exploitation, including laws law reform, even in the absence of an act to dealing with privacy, criminal activity and implement the Convention in its entirety. These witness protection. reforms are in the areas of federal jurisdiction cited above. Youth Criminal Justice Act (YCJA)

Criminal Code: Protection of children This Act, which came into force in 2003 and from sexual exploitation replaced the Young Offenders Act, provides principles, procedures and protections for Amendments to the Criminal Code of Canada young persons prosecuted under federal over the past decade have improved the criminal law, and cites the Convention in its protection of children from sexual exploitation. preamble.39 It is intended to keep youth out of Any sexual exploitation of a child under the age the criminal justice system entirely for minor of 18 is a criminal offence; no consent can be offences, and has substantially reduced the assumed. These changes began with a bill on number of youth held in custody throughout child sexual exploitation through tourism, the country.40 However, under this Act, children criminal harassment and female genital as young as 14 can be sentenced as adults and mutilation/cutting in 1997, and continued with detained with adults in a provincial correctional others related to child pornography and luring facility for adults or in a penitentiary.41 While children on the Internet. Legislation in 2005 offenders as young as 14 years old can receive amended child pornography provisions with adult sentences once they have been convicted respect to written material; added a new of very serious crimes such as murder or category of sexual exploitation to better protect aggravated sexual assault, it is expected that children between 14 and 18 years of age; they will serve their sentences in a youth increased the penalty for child sexual offences; facility until they turn 18. The imposition of an improved the use of testimonial aids for adult sentence on a child of 14 or 15 years old children; created a voyeurism offence; and is at the discretion of the provinces, which are identified no lower age limit for child constitutionally responsible for the witnesses, recognizing their capacity to testify administration of justice under the Criminal if those under the age of 14 can understand Code. Quebec has chosen 16 as the minimum and respond to questions.35 In addition, the law age for imposition of adult sentences. prohibited an accused from personally cross- examining a child in proceedings regarding a Recent research has found that the number of sexual offence or an offence in which violence youth in custody has dropped dramatically: was used, threatened or attempted.36 36 per cent since 2003, when the YCJA came into effect.42 Nonetheless, the Committee on However, implementation of these rights has the Rights of the Child has criticized the Act’s been uneven. The Act cites the Convention in provision regarding adult sentences, stating its the preamble and refers to Canada’s concern about consequences for youth, obligations under the Optional Protocol on the including: “the expanded use of adult sale of children, child prostitution and child sentences for children as young as 14; that the pornography.37 The federal government ratified number of youths in custody is among the this Protocol on 14 October 2005, after some highest in the industrialized world; [and] that provinces made requisite changes to their laws keeping juvenile and adult offenders together and administrative practices. An omnibus in detention facilities continues to be legal.”43 Criminal Code bill adopted in 2008 raised the age of consent to sexual activity from 14 to 16 In addition, the implementation of the YCJA (with close-in-age exceptions) to better protect – a provincial responsibility – has been uneven. young people from predators. However, even The example of Quebec is cited below. In though amendments increased penalties and Nova Scotia, problems led to the creation of a imposed minimum penalties, sentences for commission of inquiry known as the Nunn sexual abuse or assault of a child under Commission,44 which addressed various 14 years are 45 days to 10 years. Under the aspects of the youth criminal justice legislative Corrections and Conditional Release Act, and policy framework, and included

4 Law reform and the Convention on the Rights of the Child recommendations to improve justice In order to protect the physical health and administration as well as accountability, safety of the public, the criminal power strengthen the YCJA and prevent youth crime. provides the basis of controlling possible All the recommendations were accepted by the hazards from such products or matters as: provincial government. Most legislative acts controlled substances; drugs and food; medical are subject to periodic review and in view of devices; industrial and consumer products; the many issues that have arisen with respect cosmetics; tobacco; radiation-emitting devices to the YCJA, a focused analysis of the degree such as microwave ovens, X-ray equipment, to which it should be changed is envisaged. suntanning lamps, ultrasound equipment, laser This study will have to take into account the devices and television; and pest-control judgement of the Supreme Court in R. v. D.B. products.50 Both the Tobacco Control Act 51 and that has challenged presumptions in favour of the Assisted Human Reproduction Act 52 fall the application of adult sentences to youth for into these categories. very serious crimes.45 The reforms contained in these two Acts raised “The presumption in question is, firstly, a considerable debate about children’s rights as legal principle. The legislative history of they were passing through the legislative the youth criminal justice system in process. The Tobacco Control Act was designed Canada confirms that the presumption of to protect the health of children under the age diminished moral culpability for young of 18 by limiting their access to tobacco persons is a long-standing legal principle products and by eliminating the type of that has consistently been acknowledged advertising that was specifically geared to in all of the YCJA’s statutory predecessors. attract new, young smokers. This Act, combined This principle also finds expression in with a number of other social policies, has Canada’s international commitments, in clearly been effective as the numbers of particular the UN Convention on the children in Canada who take up smoking has Rights of the Child.” 46 diminished in recent years.53 As the Assisted Human Reproduction Act was being examined However, the judgement does not deny the in both houses of Parliament over several possibility of adult sentences after conviction: years, many questions were posed about the children who would be born as a result of “This does not mean that an adult the new technologies and the importance of sentence cannot be imposed on a young preserving their rights to identity and health, person. It may well be that the seriousness and especially their right to be considered of the offence and the circumstances of the persons, not ‘products.’ 54 Before the Convention offender justify it notwithstanding his or on the Rights of the Child, these issues would her age. The issue in this case, however, is probably never have been accorded the who has the burden of proving that an importance they so clearly deserve. adult sentence is justified. A young person who commits a presumptive offence Corporal punishment should not automatically be presumed to attract an adult sentence.” 47 One reform that has consistently failed is the Tobacco Control Act (1997) and Assisted repeal of section 43 of the Criminal Code that Human Reproduction Act (2004) creates a defence for parents and teachers who use physical force by means of correction The criminal law power of the Constitution Act, when it does not exceed what is considered 1867, under section 91(27), has allowed federal “reasonable under the circumstances”. 55 legislation in a number of matters related to The reasons for this failure are discussed later health.48 The Supreme Court of Canada has in the chapter in the section on jurisprudence. broadly interpreted this criminal law power as The Criminal Code thus fails to extend to J. La Forest articulated in a 1995 tobacco case: children the same protection from assault as that it affords adults. In this regard, the “The scope of the federal power to create Committee on the Rights of the Child criminal legislation with respect to health recommends that Canada “adopt legislation to matters is broad, and is circumscribed remove the existing authorization of the use of only by the requirements that the ‘reasonable force’ in disciplining children and legislation must contain a prohibition explicitly prohibit all forms of violence against accompanied by a penal sanction and children, however light, within the family, in must be directed at a legitimate public schools and in other institutions where children health evil.” 49 may be placed.”56

NOT THERE YET 5 Citizenship and immigration 2002, the Minister of Justice announced a child-centred family justice strategy to help Respect for children’s rights has also been parents focus on the needs and rights of their embodied in legislation related to citizenship children following separation and divorce. and immigration, another area of federal jurisdiction. For example, legislation that came National Defence Act into force on 23 December 2007 allows for the granting of citizenship to non-Canadian A brief mention needs to be made of the minor children adopted abroad by Canadian parents, change to the National Defence Act 64 that without requiring that these children first would allow Canada to become the first become permanent residents.57 This change country to ratify the Optional Protocol to the was justified on the basis of section 15 of the Convention on the Rights of the Child on the Canadian Charter of Rights and Freedoms involvement of children in armed conflict. (equality rights) and Canada’s obligations An amendment was made in 2000 to articulate under the 1993 Convention on Protection of in law the existing policy of not sending youth Children and Co-operation in Respect of under the age of 18 into theatres of hostilities. Intercountry Adoption (the ‘Hague A limited number of 16- and 17-year-olds Convention’),58 which Canada ratified in 1996. continued to be recruited into the armed forces The 1993 Hague Convention was developed with parental permission. Young people who partly in order to implement article 21(e) of the were consulted as the amendment was being Convention on the Rights of the Child, which passed reported that they had joined the armed encourages the conclusion of bilateral or forces for two reasons.65 One was practical: multilateral agreements or arrangements They wanted to take advantage of concerning international adoption.59 opportunities for education and training they might not otherwise have been able to afford. Divorce Act The other reason was more idealistic: a desire to serve their country. Federal responsibility for the Divorce Act 60 has led to a number of positive legislative changes Aboriginal peoples in conformity with children’s rights. In 1997, amendments to the Act established a The federal government’s responsibility for and framework for child support guidelines to set to Aboriginal peoples is framed by the fair and consistent awards in response to the Constitution, the Canadian Charter of Rights and child’s right to economic security. In 2005, Freedoms, numerous treaties and the Indian the Civil Marriage Act extended civil marriage Act.66 Unfortunately, the rights of Aboriginal to same-sex couples, changing the definition of children, as defined by the Convention on the marriage to “the lawful union of two persons” Rights of the Child, have yet to be articulated in eliminating the reference to persons of the any legislation related to Aboriginal peoples opposite sex.61 A religious body supported the and, as numerous references throughout this legislation62 and identified for the Senate case study demonstrate, the federal government Standing Committee on Legal and Constitu- has failed to fully execute its fiduciary tional Affairs the issues of: discrimination responsibility to provide them with adequate against children of same-sex parents; and education, the best possible health care and homophobic bullying against children who are non-discriminatory child welfare services. A exploring their sexuality. The Convention was designated commissioner for Aboriginal frequently mentioned during Committee children attached to the office of a federal hearings, although interpretations of children’s children’s commissioner, which has been called rights varied. The Act eventually passed on the for by witnesses to the Senate Standing basis of non-discrimination, which is Committee on Human Rights,67 would go a long essentially a civil rights issue. way towards remedying this situation.

Finally, even where federal legislation with a The transformation of Canadian federal law to child rights focus has not yet made it through date has been due to the work of committed the legislative process, positive changes have individuals within government and Parliament, occurred ‘in the shadow of the law’. One of the and the advocacy efforts of Canadian civil authors of this case study was the co-chair of society organizations, researchers and others the Special Joint Parliamentary Committee on to reflect the Convention and its principles in Child Custody and Access, which issued the different areas of the federal legislative report, ‘For the Sake of the Children’, in 1998.63 framework. A strong and sustained The recommended amendments to the commitment of political will be necessary to Divorce Act have not yet been made, but in continue this process.

6 Law reform and the Convention on the Rights of the Child Provincial law reform BC [British Columbia] child welfare system” as well as act as the committee to which the Law reform within the provinces to reflect the Representative reports.73 The legislature’s Convention has also been progressing. Major commitment to children is a positive, focused areas of success relate to child advocate effort by legislators to advance awareness and legislation and reforms in child protection understanding of children. The Representative laws although there are some concerns that will respect child rights as well as focus on need to be raised with respect to child work Aboriginal children; and the mandate includes and labour legislation. “a strong system of accountability to the public through independent auditing, monitoring and Child advocate legislation reviewing of government services.”74

There were two elements that sparked Ontario’s There were also significant amendments to the legislative review of the province’s child Child and Youth Advocate Act of New advocate legislation: a third-party independent Brunswick proclaimed in late June 2007 that review of the Child Advocate’s Office, which “have greatly improved the independence, involved academics, service providers and authority and effectiveness of the Office.”75 children; and a non-governmental organization, Consequently, “In many respects the Act now Defence for Children International (DCI) and its provides an enviable model for other Canadian 76 reports, including ‘Breaking the Silence’.68 Civil Advocate’s Offices.” Eight of the nine child society mobilized for an independent child advocates are now independent officers of the advocate, and its efforts ensured that the public legislature as called for by the Committee on 77 was consulted and listened to during the the Rights of the Child. drafting of the bill. The Child Advocate’s Office was funded to engage children and young Child welfare and youth protection Acts people from across the province and from Quebec has a different legal system from the different populations in consultations about the other provinces; it has a Civil Code and its own bill. In spite of some bureaucratic concerns, Human Rights Charter, which is considered there are important advantages to the new quasi-constitutional. Even before the United legislation. The advocate is now an Nations adopted the Convention on the Rights independent officer of the Ontario legislature, in 1989, the province showed a significant and the Convention on the Rights of the Child, commitment to child rights. The Commission along with the specific reference to child des droits de la personne et des droits de la participation, are included as principles of the jeunesse acts as a strong advocate for children new Act. Both the Convention and the in the province. The Civil Code is unique to Principles relating to the Status of National Quebec but criminal matters are dealt with Institutions (‘The Paris Principles’)69 informed under the Criminal Code that applies to the the process and are woven throughout the entire country. This includes theYCJA, which result.70 Under s. 15(f) of the Act, the advocate Quebec challenged in 2003 due to concerns can add items to and remove items from the about the presumption that adult sentences be mandate through regulations, if necessary, to imposed for very serious crimes on children as increase the level of his/her authority. young as 14 years old.78

In British Columbia, the 2006 bill establishing The Court of Quebec, Youth Division, established the Office of the Representative for Children in 1979 along with the Quebec Youth Protection and Youth was greatly improved by the efforts Act, has a significant role in relation to child of Mary Ellen Turpel-Lafond, who was rights in the areas of child protection, adoption appointed to the position for a five-year term and even criminal justice.79 In the Montreal in December 2006 as an independent officer of region, the Youth Court has heard 12,000 child the legislature.71 The timing of her appointment protection cases.80 The work of the court is meant that she informed the process and made specialized and its decisions are “increasingly substantive changes to strengthen the bill viewed as being beyond reproach” as appeal including, for example, ensuring a committee courts are “very reluctant to intervene in any of of politicians was involved to push the agenda the decisions handed down.”81 In addition to forward.72 On 1 March 2007, the Legislative resolving individual cases, the court recognizes Assembly decided to appoint a Select that it has an educational purpose in society in Standing Committee on Children and Youth “to relation to its areas of decision-making.82 foster greater awareness and understanding Accordingly, the province consistently pays among legislators and the public of the specific attention to child rights in law reform

NOT THERE YET 7 and other measures. It adopted its original the child-focused Child, Youth and Family Youth Protection Act 83 in 1977 and implemented Services Act.91 Some of the principles and it on 15 January 1979. provisions outlined in the new Act directly reflect child rights.92 New Brunswick’s Family Services Significant legislative reform has recently Act 93 acknowledges in its preface the basic rights modified both clinical and legal practices and fundamental freedoms of children.94 related to the implementation of the Youth Protection Act. The legislative process led by An alternative approach to protection is the Health and Social Services Minister took reflected in Alberta’s Protection of Children several years and involved social and clinical Involved in Prostitution Act,95 which came into experts as well as those familiar with the effect on 1 February 1999, and is proudly relevant legal and judicial processes. Over proclaimed as “the first of its kind worldwide” 1,000 people from various groups provided in that it recognizes that these children are their perspectives and suggested victims of sexual abuse.96 While the legislation modifications, which were transmitted to the introduced programmes and services to help Ministers of Justice and of Health.84 children and young people move away from Subsequently a legislative commission prostitution, it also authorized police or child ensured public consultation in every region of protection workers to apprehend young person the province, open to any group comprised of even against their will for confinement for up 80 people or more. Specific places were made to five days in a “protective safe house,” for contributions to the process from youth, defined as “a secured facility with restricted including students, groups from youth centres, access,” where the young person was to 85 and those at risk. Some of the feedback from receive emergency care and assessment begun young people had an impact, since their to develop a long-term plan to support the descriptions influenced the government child to leave prostitution.97 The lack of respect ministers and led to modifications related to for the child’s choices and wishes is receipt of in-care services and intensive problematic and the forced confinement does 86 supervision (encadrement intensif) of youth. not necessarily promote the objective of supporting the child to leave prostitution. On The new Act attempts to improve the situation the contrary, it sometimes encourages young for the child, stressing permanency and people to do anything to avoid the authorities. improving adoption rates. The reform also Amendments to the Protection of Children addresses the problem of the large number of Involved in Prostitution Act, 200798 extended children who are repeatedly taken into care programming for young people until the age of over several years, and who experience multiple placements after repeated (failed) 22 and addressed the stigma associated with attempts to return them to parents.87 Indeed, prostitution by changing the name of the Act to even when biological parents had lost the the Protection of Sexually Exploited Children 99 physical custody of the child, notably in cases Act. Similar child protection legislation in of sexual and physical abuse, they retained the Alberta, known as the Protection of Children 100 legal custody of the child, therefore preventing Abusing Drugs Act, came into force in 2007. other families from adopting the child. The However well intended, it raises some of the protection system must now develop a same issues of concern. permanent plan for the child either within the biological family if the situation improves or The Saskatchewan Provincial Child Advocate within a foster family through adoption, to regularly relies upon the Convention on the ensure stability and continuity for the child.88 Rights of the Child. The Office has highlighted Moreover, the law now requires the Youth systemic problems with respect to the child’s Protection Director to maintain links with right to independent legal representation in child significant people in the child’s life, which may welfare proceedings by citing individual cases of include a grandparent or best friend, if the child young people who feel their perspectives are not was adopted, so that relationships are appropriately considered during the court maintained over time.89 The reform signals the process.101 The Saskatchewan Child and Family province’s commitment to respect child rights Services Act 102 makes no provision for and to make the principles of the Act with independent child representation.103 The respect to ‘best interests’ and ‘parental rights’ advocate has recommended in writing to the clearer for the courts.90 Ministers of Community Resources and Justice that there be legislative reform to provide for In the eastern provinces, too, there are several this right, with clear criteria specified.104 He has positive developments. In 2000, Newfoundland since been informed that the issue will be part and Labrador replaced its Child Welfare Act with of a broad review of the Child and Family

8 Law reform and the Convention on the Rights of the Child Services Act to conclude in 2009, and will also employment standards, thereby creating a new be considered by the Family and Youth Access policy regime.111 Authors of a recent report to Justice Committee.105 conclude that the province:

The Manitoba Child Advocate is concerned “Provides significantly less protection to about the Child Abuse Registry in that province child workers than other jurisdictions in because courts have occasionally either not Canada, the United States and the placed offenders on the Registry, or placed European Union. In particular, permitting young people aged 12 and over on it, often children as young as 12 to work with the those with much history of victimization before permission of only one parent is unusual committing an offence.106 According to the and seems to contravene the advocate, these offenders do not understand International Labour Organization’s their right to appeal or the implications of their Convention on Minimum Age [for placement on the Registry, and they rarely Admission to Employment].” 112 have access to mental health and therapeutic services once the justice system is involved. A 2005 British Columbia survey of 624 children Consequently, there needs to be a full aged 12 to 18 found that more than one in five 113 assessment of offenders before their reported injuring themselves on the job. placement, and they need to be assigned a Alberta recently changed its accepted working lawyer and an advocate.107 age to 12 years as well, albeit with some employment restrictions, in contravention of The New Brunswick Child Advocate has international labour agreements and in conflict identified two major concerns in his province: with social policy concerns about reducing the gap in services for youth aged 16 to 19; and child poverty, increasing school completion 114 the lack of access to legal representation for rates, and supporting youth transitions. From children.108 He has also identified a deplorable 2000 to 2004, twelve workers with ages lack of mental health services for young ranging from 15 to 19 years were killed while 115 people, leading to tragic results when the working in Alberta. The Alberta government youth justice system is used instead of acknowledges that workers between the ages treatment centres for the placement of children of 15 to 24 are more likely to be injured on the who are ‘acting out’. job, due to lack of experience and skills in operating machinery.116 Child work and labour

The federal government has the responsibility Jurisprudence and the judiciary to report to the Committee on the Rights of the Child on child labour, and to the International Three Supreme Court decisions: the Baker Labour Organization (ILO) with respect to case; the Criminal Code section 43 challenge, Convention No. 182 on the worst forms of child and the Syl Apps case, highlight successes labour. However, most labour legislation and challenges for child rights in the affecting children is provincial. Statistics Canada Canadian judiciary. reports that over 2.5 million young people aged Baker v. Canada 15 to 24 work part- or full-time across the 109 country. There are concerns that their rights The 1999 decision of the Supreme Court of are not always respected, in part because Canada in Baker v. Canada 117 is often cited as Canada has not yet ratified ILO Convention No. an outstanding example of the influence of the 138 on the minimum age for youth employ- Convention on the Rights of the Child upon the ment. If ratification occurred, several provinces Canadian judiciary; it is one of first Supreme whose laws permit children under the age of 14 Court cases to refer to the Convention. At issue to work would be in violation.110 was a deportation order for the appellant who had Canadian-born children. A disposition had In 2001, British Columbia introduced a two-tier been requested, on humanitarian and minimum wage structure. Those who work less compassionate grounds, from the requirement than 500 paid hours can be paid 25 per cent of the Immigration Act118 (s. 114(2)) that less than the minimum wage. This is known as applications for permanent residence be made the ‘training’ wage, but is more accurately outside the country. described as ‘first job/entry level wage’. In 2003, the British Columbia government The Court majority found bias in the deportation modified regulations related to hiring of very decision, and opined that the dismissal of the young workers and enforcement of interests of the appellant’s children by the

NOT THERE YET 9 immigration officer constituted “an unreason - Furthermore, the provision was deemed in able exercise of the discretion [conferred on the conformity with Canada’s international legal immigration officer].”119 For the majority, obligations because: “Neither the Convention J. L’Heureux-Dubé declared: “Children’s rights, on the Rights of the Child nor the International and attention to their interests, are central Covenant on Civil and Political Rights explicitly humanitarian and compassionate values in require States Parties to ban all corporal Canadian society.”120 The Court referred to punishment of children.”124 The Foundation’s Canada’s ratification of the Convention on the appeal was dismissed. Rights of the Child as an “indicator” of the significance of considering children, recognized However, the majority did note the areas of agreement among experts on both sides of the child rights and best interests in other ratified argument that limited the right of parents to international legal instruments, and wrote: “the use corporal punishment; state that corporal values reflected in international human rights punishment of children under two years old is law may help inform the contextual approach to harmful and has no corrective value, given the statutory interpretation and judicial review,” cognitive limitations of children of this age; 121 similar to other common-law countries. The that corporal punishment of teenagers is two justices in the minority (Cory and Iacobucci) harmful because it can induce aggressive and disputed the influence of international law that antisocial behaviour; that corporal punishment has not been incorporated into domestic law. using objects, such as rulers or belts, is Nevertheless, references to the Convention, and physically and emotionally harmful; and that the fact that both children’s rights and their best corporal punishment that involves slaps or interests must be taken into account in making blows to the head is harmful.125 In addition, the judgments on issues that affect them, are now majority recognized that “substantial societal firmly imbedded in Canadian jurisprudence. consensus, supported by expert evidence and Since that landmark decision, a more recent Canada’s treaty obligations, indicates that decision on appeal found that children’s rights corporal punishment by teachers is were not properly explored and given due unreasonable.”126 The court specified that consideration in the determination of a case section 43 would protect a teacher who uses before an immigration tribunal. reasonable, corrective force to restrain or remove a child in appropriate circumstances. Criminal Code, section 43 challenge J. Binnie dissented in part from the majority to The Canadian Foundation for Children, Youth acknowledge infringement of the child’s and the Law challenged the constitutionality of equality rights, and although he decided the the Criminal Code section 43,122 which provides a violation was justified under the Charter’s defence to parents or caregivers to use force “by section 1 due to its objective and the rational way of correction...if the force does not exceed provision, he struck out the provision’s what is reasonable in the circumstances.”123 The references to “schoolteacher” and “pupil.”127 organization also sought a declaration to strike down any common law parental right to use The dissenting opinions argued that the child’s right to equality had been infringed corporal punishment. (J. Deschamps) and the child’s safety and A Supreme Court majority decided that the security of the person had been violated impugned provision did not violate sections 7, (J. Arbour). J. Arbour argued that the Criminal 12 and 15 of the Charter of Rights and Code provision is vague, violating the Charter’s section 7 (protecting rights to safety and Freedoms. For the majority, C. J. McLachlin security) due to inconsistent judicial stated, in relation to section 7, that while interpretation and application.128 children’s security of the person is affected, this does not contravene a principle of fundamental The three levels of courts that adjudicated this justice; that best interests is not a principle of challenge were largely influenced by concerns fundamental justice; and that the Criminal about the expansion of criminal law if section 43 Code provision is not overly vague, and does was struck out, thereby overwhelming law contain adequate limitations to prevent harm. enforcement and the judiciary with trivial In addition, corporal punishment does not matters. The courts relied on the existence of constitute section 12’s prohibition on “cruel federal educational programmes to promote and unusual” treatment. The majority also disciplinary alternatives. But the minority stated that section 15’s equality rights do not opinions offered defences and strong rebuttals, require equal treatment, and the denial of including the opinion of J. Deschamps that some legal protection does not discriminate maintaining the current legislative arrangement against the child. does not justify rights violations.129

10 Law reform and the Convention on the Rights of the Child The majority’s decision focuses on adults Saskatchewan’s Children’s Advocate, feel that without serious consideration of the rights of this decision “is to be applauded” because it children. It does not discuss the actual or recognizes that while “families are the core potential harm of assault and dismisses much social unit,” family rights do not supersede case law that reveals section 43’s insufficient “the State’s overriding duty to ensure that limitations and inconsistent enforcement.130 children are protected” because the child, not The interventions by the Ontario Association of the family, is the client of child welfare Children’s Aid Societies (responsible for services.136 This is an important conclusion as implementing and monitoring child protection much provincial legislation is family focused, legislation), and by the Commission des droits sometimes compromising the protection of de la personne et des droits de la jeunesse (on child rights.137 Regrettably, the decision does its own behalf and on behalf of the Canadian not refer directly to the Convention on the Council of Provincial Child and Youth Rights of the Child in its reasoning. Advocates), in support of the challenge, uncover the uneasy relationship between ‘correction’, corporal punishment and abuse.131 General challenges to child

Furthermore, the majority dismissed the child’s rights in judicial interpretation perspective in deciding whether the law and application marginalizes the child, because, “applied to a child claimant, this test may well confront us As the above cases demonstrate, many standing with the fiction of the reasonable, fully judicial approaches and principles tend to apprised preschool-aged child.”132 This position constrain and proscribe child rights in Canada. reveals that the Court, despite confirming that The distinction between public and private section 43 should only apply to cases involving spheres of action has traditionally sanctioned children older than 2 and under 12 years of age rights abuses and continues to do so with and not to teachers, still sees the child as respect to children.138 In the Criminal Code, incompetent and incapable of informing section 43 challenge, for example, the Supreme decision-making,133 contrary to article 12 of the Court majority determined that the constitutional Convention on the Rights of the Child. prohibition against “cruel and unusual” treatment concerns the State. The Court Syl Apps concluded accordingly: “Corrective force by parents in the family setting is not treatment by In 2007, however, the Supreme Court of Canada the State”139 and thus dismissed the cruel and supported child rights in the Syl Apps Secure unusual treatment argument. While the State Treatment Centre decision.134 R.D., a 14-year-old criminalizes assault between adults, it still girl, was found to be in need of protection in provides a defence for adults to use violence 1995. After foster care, she was placed in against children, employing the distinction mental health facilities and then in a treatment between the public and the private to excuse it centre. With her consent, she was made a from providing full legal protection to children.140 permanent ward of the Crown. Her family pursued legal action and financial In dissenting remarks in the section 43 case, compensation, alleging the State’s negligent J. Arbour remarked that the law was likely to conduct and that the family had been deprived evolve in response to changing societal of a relationship with her. At issue was whether attitudes, just as it had moved away from the court-ordered care for a child at a treatment tolerating or encouraging the corporal centre, and the social workers, owe a duty of punishment of women (and apprentices, care to family members of the child. employees, passengers on ships and prisoners) but noted: (as against) “Children remain the The Supreme Court recognized the potential for only group of citizens who are deprived of the conflicting duties between the relationship of protection of the criminal law in relation to the the child to the family and the child’s court- use of force.”141 In the dissenting words of ordered service providers to promote the child’s J. Deschamps in the same case, section 43 best interests and protection. For the Court, reinforces and compounds children’s J. Abella wrote: “to recognize such a legal duty vulnerability and disadvantage by withdrawing to the family of a child in their care, would pose the protection of the criminal law;142 in fact, the a real risk that a secure treatment centre and its provision not only perpetuates discriminatory employees would have to compromise their treatment but also “encourages a view of overriding duty to the child.”135 Hence, the children as less worthy of protection and respect family’s action was dismissed. Many supporters for their bodily integrity based on outdated of child rights, such as the province of notions of their inferior personhood.”143

NOT THERE YET 11 It is fair to conclude with Professor Anne federal law by focusing on child deaths. A civil McGillivray from the University of Manitoba: society lobby also brought about the “We have created a dangerously private legislation that removed lead from gasoline.152 childhood.”144 Professor McGillivray reminds However, there are worrying signals that the the reader of the enduring legal principle of language of advocacy and lobbying has parens patriae, found in British common law, created resistance. In Alberta, legislation has where the State is the father of the people, and narrowed possibilities for the voluntary sector which understands children as property.145 This by redefining activists as lobbyists and principle can lead to questionable adjudication threatening to remove their charitable with respect to child rights. Clearly, continued status.153 At the federal level, legislation has reliance upon privacy distinctions and parens been introduced in relation to lobbying patriae do not serve implementation of the (although regulations are not yet in force) in Convention in Canada. order to restrict communications with government.154 This raises significant concerns Another challenge is the fact that Canadian about how the voluntary sector can achieve its courts consider the ‘best interests of the child’ objectives.155 The federal Lobbying Act will principle as only one of various considerations, also increase reporting requirements for non- rather than ‘the primary’ consideration.146 profit organizations. However, it applies to While the child’s right to be heard has made fewer organizations than Alberta’s Act and is some progress in family law,147 children do not, less restrictive.156 Nonetheless, these for example, have standing in proceedings legislative reforms signal a new government under the Immigration and Refugee Protection approach to regulate civil society, minimize Act.148 In provincial and territorial judicial and advocacy and impose an unwanted burden on administrative hearings, the child’s right to an already overextended sector. (See Chapters participate is inconsistently protected.149 2 and 8 for discussions about the state of civil society in Canada.) According to the Canadian Foundation for Children, Youth and the Law: Of course, not all civil society organizations support a child rights basis in legislation that “Children have not been very well served affects children. The Canadian Paediatric Society, by the courts in Canada. The decisions of which is rights-based, has pointed out the our highest court on Charter rights for difficulty of changing provincial laws in many children suggest that the Charter rights areas related to child safety, including all-terrain are of little value in the issues that matter vehicles, the use of bicycle helmets and booster most to the daily lives of children, such seats, in order to provide increased safety and as education, parental discipline and protection to children and youth. The Society access to health care and resources. The notes the obstacles posed by counter-lobbying Foundation would go so far as to say that and the belief that ‘parents know best’.157 In children’s rights have been eroded or another example, a rural lobby caused the 150 diminished through the courts.” governments in New Brunswick and Nova Scotia to back away from draft legislation related to off- The Foundation argues that children’s rights road vehicles that would have provided greater must be strengthened through the political and protection to children and youth.158 legislative process as the judicial avenue has “limited utility, even in the most sympathetic of The many inconsistencies in provincial laws 151 cases.” Clearly, there is a need for improved with respect to preventing injuries in children159 judicial training to support child rights highlight the need for better coordinated law understanding and awareness. reform. In fact, when one or two provinces agree to changes, reform is more likely to spread to the others.160 Contributions to law reform from civil society Should the Convention Over the years since the ratification of the Convention on the Rights of the Child, civil be incorporated into society has frequently invoked the rights of domestic law? children to bring about changes in legislation, as demonstrated by its support for an In order to advance the status and implemen- independent child advocate in Ontario. For tation of the Convention on the Rights of the example, the civil society group Mothers Child, a proposal with significant currency Against Drunk Driving was able to change among scholars, academics and advocates is the

12 Law reform and the Convention on the Rights of the Child incorporation of the Convention into domestic Despite the fact that so many issues relating to law. Canada’s federal nature is the government’s children fall under provincial jurisdiction, justification for the lack of incorporation of the various advocates favour incorporation of the Convention. As the core document submitted to Convention at the federal level. This is a high UN treaty bodies explains: priority for the Canadian Coalition for the Rights of Children,170 which also supports the “It is not the practice in any jurisdiction in proposal for a children’s commissioner in Canada for one single piece of legislation response to article 4 of the Convention.171 to be enacted incorporating a particular World Vision states that incorporation would international human rights convention give the Convention “the force of law” and not into domestic law (except, in some cases, only effectively demonstrate commitment to regarding treaties dealing with specific children but also ensure consistent human rights issues, such as the 1949 implementation across the country.172 While the Geneva Conventions for the protection of International Bureau for Children’s Rights war victims). Rather, many laws and believes that incorporation as an Act of policies, adopted by federal, provincial Parliament would respect article 4 of the and territorial governments, assist in the Convention, it instead argues for entrenching implementation of Canada’s international the Convention into the Constitution, as was human rights obligations.”161 done with the Canadian Charter of Rights and Freedoms in 1982, because of the wide range Consequently, “international human rights of areas covered in the Convention and the treaties are rarely incorporated directly into shared federal/provincial responsibilities.173 In Canadian law, but are indirectly implemented this regard, the Commission des droits de la by ensuring that pre-existing legislation is in personne et des droits de la jeunesse of conformity with the obligations accepted in a Quebec proposes to incorporate the particular convention.”162 The 1937 Labour Convention into the Charte des droits et Conventions case confirms that international libertés de la personne du Québec (Quebec treaty commitments cannot justify Charter of Human Rights and Freedoms).174 encroachment into areas of provincial The Canadian Foundation for Children, Youth jurisdiction.163 Hence, legal experts Jeffery and the Law advocates incorporation of the Wilson and Maryellen Symons affirm that Convention into every piece of legislation “the Convention is, as a law, of no legal force relevant to children as well as enactment as or effect whatsoever.”164 In fact, the Supreme separate legislation or enactment upon the Court of Canada has accepted that “an appointment of a children’s commissioner who international convention, like this Convention, can specifically monitor it.175 The Saskatchewan that has been ratified for international treaty Children’s Advocate argues that the Convention law but not incorporated into our domestic law, should be binding upon provinces and creates no binding legal effect.”165 territories through incorporation into all federal and provincial legislation affecting children.176 However, lack of federal legislation cannot Others are also supportive but acknowledge excuse the violation of international the challenges. The Canadian Council of obligations. In the Vienna Convention on the Provincial Child and Youth Advocates Law of Treaties,166 articles 26 and 27, recognizes it would be “a bold step”.177 Wilson enunciating pacta sunt servanda, affirm that and Symons appreciate that some will allege internal law cannot justify a State’s failure to the proposal is “a childhood fantasy.”178 implement a treaty.167 In its concluding observations about Canada’s first report on the Instead of incorporation, the Senate Standing Convention, the Committee on the Rights of the Committee on Human Rights recommends that Child stressed that, despite the complications ratification be accompanied by “enabling of federalism and the resulting uncertainty of legislation in which the federal government some areas of responsibility, “Canada is bound considers itself legally bound by its to fully observe the obligations entered upon international human rights commitments.”179 by ratifying the Convention.”168 Furthermore, This proposal would advance greater respect problems in implementation related to for Canada’s international obligations and lead Canada’s federal structure led the Committee to to “consciousness-raising among all urge the federal government to ensure jurisdictions and stakeholders” in order to “to awareness of the Convention among the ensure cooperation, coordination, and provinces and territories and implementation compliance with Canada’s international through various measures.169 obligations at all levels of government.”180

NOT THERE YET 13 Federalism should not be the deciding issue. legislation.184 However, effective implemen - Other federal countries have incorporated child tation in Norway as in Canada will, in the end, rights into their constitutions and legislation, depend upon public and political will. The including Argentina and South Africa.181 And Senate Standing Committee noted that the Canada has already referenced the Convention ratification of an international instrument such on the Rights of the Child in legislation that as the Convention is presumed to have been affects the provinces such as the Youth done in good faith and so it “means that States Criminal Justice Act. It is also incorporated by must intend the treaties they ratify to be means of the general reference to all effective – notably, through implementation.”185 international treaties in the Immigration and It is likely that were the Convention to be more Refugee Protection Act.182 Moreover, Canada deeply imbedded in domestic law, it would has already adopted enabling legislation on have more weight upon the executive branch, such international instruments as: the Rome legislators, the judiciary and others in society. Statute of the International Criminal Court, the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti- Personnel Mines and on Their Destruction, and Conclusion the Geneva Conventions for the Protection of War Victims.183 It has been more than 17 years since Canada ratified the Convention on the Rights of the Incorporation would hold important symbolic Child. Embodying its principles into both value and, as well as giving the Convention federal and provincial legislation has been a teeth, would indicate state commitment to child slow process. This is unfortunate because, as rights. For instance, in the early 2000s, Norway Anne McGillivray points out, “It is the status of (also a dualist system) incorporated the children and not their vulnerability which Convention into domestic law, describing it as promotes exploitation. Children’s rights are a symbolic act. It stated “such incorporation is both fact and universal symbol. Rights are assumed to give the strongest signal that the about autonomy, an autonomy based not on Norwegian authorities take the Convention unbridled individualism but on relationship seriously”; hence, in Norway the Convention and dependence.”186 The truth is that if it is the would take precedence if there was a conflict law that defines the status of the child, Canada between the Convention and domestic is on the way, but is not there yet.

14 Law reform and the Convention on the Rights of the Child 2 BUDGETING AND CHILDREN

Introduction look at budgetary allocations for children at both federal and provincial levels and then Article 4 of the Convention on the Rights of the examine expenditures as well as evaluation Child provides that States Parties “shall measures. Child impact assessments, where undertake all appropriate” measures for they exist, will be noted, as well as the negative implementation, which shall be done “to the impact budget cuts in recent years have had on maximum extent of their available resources.”1 civil society’s capacity to advocate for children. Consequently, a commitment to budgeting for children’s rights is essential in order to clearly designate resources for children and, once that Budget allocations is done, to monitor expenditures and evaluate their impact on children. The Committee on the Rights of the Child recommended to Canada that budgetary Experts on mobilizing resources for realizing allocations be made a priority to ensure that children’s rights have noted: “In most countries children’s economic, social and cultural rights a wide gap is evident between the existing are implemented. Indeed the Committee commitments of resources and the levels and encouraged Canada to “state clearly every year types of expenditures that are needed for an its priorities with respect to child rights issues adequate implementation of the provisions of and to identify the amount and proportion of the the Convention.”2 Furthermore, the majority of budget spent on children, especially on countries fail to adequately consider resource marginalized groups…in order to be able to issues in their reporting to the Committee on evaluate the impact of the expenditures on the Rights of the Child.3 As a result, the children and their effective utilization.”6 There is, Committee decided to highlight the importance however, no lasting tradition at the federal level of the issue, and promote better understanding of government for a children’s budget. As the of the Convention’s obligations and their Child Welfare League of Canada puts it, the implications in relation to resources, by “economics of childhood is very weak.”7 UNICEF dedicating its Day of General Discussion in Canada notes that, as children and young 2007 to the topic of state responsibility for people are the population most vulnerable to providing and maintaining resources for the economic policy and yet with the least influence rights of the child.4 upon it, their interests must be explicitly included in budgeting.8 Children themselves In Canada, children and youth have often been tend to be invisible in public accounts. Money to identified as a primary concern when a benefit children and young people is usually government announces its forthcoming agenda geared towards families, who are then defined at the beginning of a parliamentary (or as being ‘single-parent’, ‘at risk’, or classified in legislative as in the provinces) session in what other ways.9 In order to address child poverty, is known as ‘The Speech from the Throne’, for example, funds are allocated to families, not delivered by the Governor-General, who directly to children. To streamline the intent and represents the Queen.5 This chapter will first process of protecting children’s rights, Canada

15 should develop a mechanism to assess over five years to improve and expand early allocations and spending for children that would childhood development programmes for First parallel the volume of data available for other Nations and other Aboriginal children, constituencies (such as women, veterans and complementing the federal–provincial–territorial senior citizens), to provide an evidence base in agreement on early childhood development.15 support of public accounts.10 The accountability mechanism associated with these transfers is increasingly visible.16 As 17-year-old Chelsea Howard, a member of Furthermore, as the process continues, the Newfoundland and Labrador’s Provincial Youth reports are becoming accessible to the general Council, pointed out to the Senate Standing public. (Also see Chapter 4.) Committee on Human Rights in reference to the Convention on the Rights of the Child and Another area of the federal budget that is Canada’s national plan of action, “without a important for children and supportive of their funded implementation plan they are only rights to a family are the maternity benefits goals and ideals. The vision exists and what available to mothers in the 15 weeks 11 Canada needs to do is to take action.” surrounding childbirth; and parental benefits that enable working parents to stay home for 35 weeks during the first year of life of a baby Benefits for children in (biological or adopted).17 This is paid out the federal budget through employment insurance everywhere in Canada except Quebec. Since 2006, Quebec A closer look at federal budgets in recent years has a separate regime for parental leave that is does, however, reveal a number of budgeting more generous than that available in the rest of measures that directly or indirectly support the country. Unfortunately, this benefit is not children’s economic and social rights. The yet available for the self-employed, an Canada Child Tax Benefit (CCTB) is the main economic category that includes a growing federal instrument for the provision of income number of Canadian women. assistance to families12 with children. It is a non-taxable, income-tested benefit based on A substantial amount of money is also family income and has three components: the transferred to parents under the 2006 base benefit, which provides assistance to low- Universal Child Care Plan. This replaced the and moderate-income families; the National earlier agreements negotiated by the previous Child Benefit supplement, a federal–provincial– federal government with the provinces regard - territorial initiative, which provides additional ing a national childcare system characterized assistance to low-income families; and the by quality, universality, affordability and Child Disability Benefit, which provides a designed to be developmentally appropriate. supplement to virtually all families with a child These agreements had allowed for consider - who has a severe and prolonged disability. able variety in the programmes that would The CCTB has been growing steadily since it respond to children’s developmental needs as was introduced following Canada’s ratification well as to the needs of working parents, of the Convention on the Rights of the Child, including childcare centres, regulated family but critics still do not consider it sufficiently day care and parent resource centres. The plan substantive to reduce child poverty to levels was to develop a universal system that could matching most other countries of the be accessed as needed without discrimination, Organisation for Economic Co-operation and similar to Canada’s health-care system. Development (OECD).13 Five billion dollars over five years had been committed by the previous federal government In addition, Canada Social Transfer (CST) funds to build the system, along with matching funds are transferred annually (Can$850 million in from the provinces. The Universal Child Care 2007/8) to the provinces and territories to Plan that replaced it is a taxable family ensure equal treatment for children throughout allowance of $100 a month for each child the country.14 These transfers are assured under six, a welcome addition to family under the Early Childhood Development finances, but with few new childcare facilities Agreement between the federal government being built, it has provided little help for the and the provinces and territories (2000) and the families that are still desperately seeking Multilateral Framework on Early Learning and developmentally appropriate spaces for early Child Care (2003). There was a separate learning and childcare18 as called for by article announcement in 2002 allocating $320 million 18 of the Convention.

16 Budgeting and children Among other child-related budget allocations are agrees, according to the First Nations Child and funds for a number of programmes, such as the Family Caring Society, that “the level of Community Action Program for Children (CAPC), funding it provides to First Nations agencies Aboriginal Head Start programmes on and off does not allow them to meet statutory reserve, the Canada Prenatal Nutrition Program, obligations in child welfare.”27 four Centres of Excellence for Children’s Well- Being, as well as a number of targeted tax A recent review of the grants and contributions credits. Taken together with the benefits listed regime in Canada concluded that problems above, this represents a total expenditure of over plague the complex transfers to First Nations, $17 billion a year within Canada.19 Inuit, Metis and Aboriginal organizations and place “costly and often unnecessary reporting burdens on recipients.”28 Aboriginal respondents Aboriginal children to the review identified the need to have sustained and more appropriate arrangements for federal funding.29 The review concluded The federal government has also identified that alternative mechanisms for the funding of categories of social spending and grants and such essential services as health, education contributions for specific sectors of society, and social assistance to 630 First Nations although the numbers are not especially governments on reserves should be provided.30 meaningful in terms of the impact on children. These conclusions confirm the challenges For instance, in 2004/5 First Nations of reporting, as identified by the auditor communities received $4,901.9 billion and other general in her 2002 and 2003 reports on First Aboriginal recipients, including organizations, Nations communities.31 received $982.9 million in grants and 20 contributions to support essential services. It is worth noting that federal health funding According to the Constitution Act, 1867, the and programme provision to First Nations in federal government has a fiduciary obligation to the Northwest Territories, Nunavut and Yukon 21 First Nations peoples. Yet despite these Territory are different from that provided to allocations, problems are particularly acute for First Nations in the provinces. Health funding Aboriginal children. In 2004, (then) Prime and programme provision may be lower, or Minister Paul Martin acknowledged that the non-existent, due to a variety of factors, federal government was not meeting the including the federal government’s prior role in standard of comparable service provision providing health services and the transfer of against the aid non-Aboriginal Canadians were this responsibility to territorial governments, receiving from federal, provincial and municipal different funding mechanisms and federal governments; in fact, “the standard on many funding frameworks.32 reserves across Canada is substantially lower than that found anywhere else in the country.”22 Unfortunately, jurisdictional issues with respect Sixty per cent of Aboriginal children under the to Aboriginal children surface with regularity. age of six live in poverty, compared with 25 per The failure to resolve conflicts over cent of non-Aboriginal children.23 Funding is jurisdictional responsibility to provide payment failing to meet the needs of First Nations can lead to real tragedy, as in the case of a peoples and yet, as the Assembly of First young Aboriginal boy named Jordan. Jordan Nations pointed out in 2004, funding levels are was from the Norway House Cree Nation declining, rather than increasing, in relation to reserve in northern Manitoba. Due to his population growth and inflation.24 special needs from a rare neuromuscular disorder, he was born in a hospital in Winnipeg Although provinces have jurisdiction for child and spent his entire life there.33 welfare services on reserves, funding for such services is the responsibility of the federal As already noted, while health care and child government. The Joint National Policy Review and family services are provincial concerns, on First Nations Child and Family Services Aboriginal people fall under federal jurisdiction; found that the Department of Indian Affairs and it is a federal fiduciary responsibility to fund Northern Development “provides 22 per cent services to First Nations children on reserve. less funding per child to First Nations child and However, for the past 10 years, there have been family service agencies on reserve than the ongoing disputes between the province of average province (MacDonald and Ladd, Manitoba and the federal government over 2000).”25 As a result, disproportionate numbers authority to pay costs for First Nations children of First Nations children on reserve enter into on reserve in the care of child welfare services, child welfare care.26 The federal government alongside ongoing federal efforts to reduce the

NOT THERE YET 17 federal government’s authority and ability to country,39 many Aboriginal children are placed fund costs for on-reserve First Nations into child welfare care in order to obtain children.34 Caught in the middle of the federal– necessary medical support and services.40 As provincial jurisdictional dispute over payment the CMAJ editorial asserted, “Geography is no of the costs of his care, Jordan spent his entire excuse for the pusillanimous, inequitable life in an institutional hospital setting. He died distribution of wealth, such that advanced care in hospital at age five, without ever having exists only in the south and First Nations known a family environment. children, parents and communities endure psychological and cultural stress to access it.”41 “The tragedy is that he did not have to stay in hospital for medical reasons: he remained On 12 December 2007 the House of Commons there for [a further] two years because the responded to the calls of over 1,400 registered government departments could not settle on supporters of ‘Jordan’s Principle’ by which one would pay for his foster home care,” unanimously passing a private member’s wrote a policy analyst for the Assembly of motion in support of the principle tabled by Manitoba Chiefs.35 Numerous organizations Member of Parliament Jean Crowder. In came together to issue a Joint Declaration to January 2008, British Columbia became the enunciate ‘Jordan’s Principle’. The principle first province to sign on. states that the jurisdiction in which a First Nations child is treated is the jurisdiction that The Assembly of First Nations has established will pay; disputes over funding are to be settled a First Nations Special Needs Working Group to only after the child’s needs have been fully met. advance the issues, and in 2006 conducted a An editorial in the Canadian Medical literature review. The Working Group found a Association Journal (CMAJ) endorsed major need to research the issues around ‘Jordan’s Principle’ and referred to the children with special needs in First Nations Convention on the Rights of the Child and settings.42 It has proposed a substantial “the best interests of the child” to conclude research project, framed by the Convention on that Canada was in contravention of the the Rights of the Child, to improve children’s Convention. As the editorial’s authors noted: conditions; gather data about community programmes for children with special needs; “Canada’s Charter of Rights and develop a framework to address the major Freedoms forbids discrimination. Many of gaps in service provision in relation to such the services Jordan needed would be areas as jurisdiction, capacity development, paid for without question for a white management and resourcing; address the Manitoban, or off-reserve Aboriginal barriers; and develop recommendations for resident. It was Jordan’s living on-reserve future action regarding First Nations children that caused the bureaucracy to choke. with special needs.43 That is discrimination pure and simple.” 36 There is, however, substantial funding in the The editorial recommended that governments 2007/8 budget to redress, at long last, the ignoring ‘Jordan’s Principle’ and engaging in terrible wrongs Canada inflicted on Aboriginal “financial or jurisdictional battles first…deserve children and their families during the many to be sued, in the most winnable test case that years the young people were taken away from First Nations’ advocates can manage,” and their communities and placed in residential declared: “Let the courts decide, if the schools. The sum of $1,922,900,000 was set bureaucrats and politicians continue to refuse aside for lump-sum payments in recognition of to find a timely resolution.”37 the reality that the experience of residing at an Indian residential school was devastating to Despite the profile of ‘Jordan’s Principle’, other Aboriginal children’s right to culture, language, First Nations children continue to suffer due to family and protection.44 An additional amount bureaucratic disputes. For example, 37 families was made available to settle individual claims from Jordan’s reserve were informed in March of sexual and physical abuse ($160 million), 2007 that their children with disabilities would for the Aboriginal Healing Foundation no longer receive funds for professional and ($125 million), and for a truth and support services in their community. Thus, reconciliation commission ($58 million).45 these First Nations families were in effect These allocations are a long overdue forced to send their children away for health recognition of the fact that when children’s care.38 While there are some excellent services rights are denied, the negative consequences available to non-Aboriginal children across the carry over to the following generations.

18 Budgeting and children Budgets for children in The provincial government of Newfoundland and Labrador breaks down allocations for Canada’s international children in its budget.49 Several government development assistance departments in the province have confirmed that recommendations in the annual report While this case study is focused primarily on from the Office of the Child and Youth Advocate domestic implementation of the Convention on of Newfoundland and Labrador about service the Rights of the Child, the Canadian delivery, programmes, policy and legislation International Development Agency (CIDA) have been considered by the provincial deserves much credit as a major player on the government during the budget process.50 international stage. Child rights have been a priority for CIDA since the adoption of the In Nova Scotia, the Nunn Commission of Convention. CIDA was involved with the 1990 Inquiry51 raised some public spending issues World Summit for Children and the 2002 related to children to the Nova Scotia United Nations General Assembly Special government.52 (Also see Chapter 1.) As a result, Session on Children. It has made substantive the government committed $3 million in financial and policy contributions to all the increased funding for 2007/8 to support other major international events related to preliminary implementation of some of the children, and has played a role in follow-up commission’s recommendations, with plans to exercises. In the 1990s, CIDA invested in two consider additional future funding for justice, funds: a fund for children in especially difficult education, health and social services.53 circumstances and a partners for children fund, both related to the World Summit Goals and Quebec, with its focus on family policy and its the Convention. Then the organization’s Five- positive regard for the Convention on the Year Action Plan on Child Protection Rights of the Child, has a number of important (2000–2005) invested $171 million to support budgetary measures to promote children’s research, policy dialogue and programming in rights,54 such as the $7-a-day childcare policy, children’s rights and protection. CIDA has also which includes both preschool and school- substantially funded child and youth aged children. While this policy does not yet participation in a variety of ways – the reach all the families who could benefit from International Youth Internship Program alone it, it is far better than related policies in other sent over 5,000 youth interns to numerous provinces. Quebec’s direct financial supports developing countries to apply their knowledge, for families with children are also greater than obtain international work experience and in other provinces (Quebec has its own regime develop skills (although this programme was for the CCTB), including support for children subsequently cut).46 Several international with special needs. All this has resulted in a development non-governmental organizations steady reduction in child poverty rates in (NGOs) in Canada also receive support for their Quebec since 2000.55 youth participation efforts.47 Ontario is helping almost 1.3 million children and low-income families through the Ontario Provincial budgets Child Benefit (an additional $2.1 billion over the first five years, 2007–2011), raising the The provinces allocate significant funds for minimum wage and making it easier for children as a result of their greater responsibility families to find decent homes by investing in for children’s programmes and services. A affordable housing.56 The current provincial number of them make particular efforts to government has also committed to increase identify allocations for children. For example, in funding for schools by $781 milion in the its presentation to the Senate Standing 2007/8 school year, up to a total of $18.3 billion Committee on Human Rights, New Brunswick to schools.57 specifically recognized the importance of budgetary information related to children, and Healthy Child Manitoba reports on public detailed increases for education, childcare spending on children through its annual report workers, early intervention and integrated (see Chapter 7 for further details). It does not, childcare services and funds to promote healthy however, break down costs on specific efforts living for children and youth. An increase for but rather collates them under the ‘Financial Family and Community Services focused on five Assistance and Grants’ category.58 For example, main areas: low-income families and individuals, in 2005/6, when the total budget was children, seniors, community partners and $24.2 million, Healthy Child spent $22.49 million persons with disabilities.48 on programmes and projects59 in such areas as:

NOT THERE YET 19 parent-child centred approach, foetal alcohol Around the world, difficulties persist in spectrum disorder prevention and support, tracking public spending for specific groups to healthy baby, positive parenting, healthy determine the benefit of either general or schools, and healthy adolescent development.60 specific spending.66 International organizations It appears that annual reports for the other traditionally approach the issue through provincial departments involved with Healthy comparison of levels of allocation in support of Child Manitoba generally do not identify social services.67 One approach is to assess specific expenditures on children, other than whether legislation for a specific group is Family Services and Housing.61 However, the adequately resourced and whether Healthy Child Manitoba initiative appears to administrative systems allow funds to reach all have spurred increased expenditures for the intended beneficiaries.68 children from the provincial government.62 Moreover, Manitoba has several examples of In the Canadian federal government’s Main efforts by the Auditor General, Ombudsman Estimates for 2007/8, social programmes and the Child Advocate to assess public (including major transfers) increased from the spending for children in areas such as child previous budget period from $90,357,135,000 to welfare and youth development.63 $97,352,711,000, for 46.3 per cent of total programme spending.69 Except for the Child Tax The rest of the Western provinces (Alberta, Benefit and the Child Care Allowance and a few British Columbia and Saskatchewan) are also in smaller items, this impressive spending is not the process of developing long-term plans for specifically directed at children’s needs. The investments in children. How much these plans government-identified major transfers for will be influenced by the Convention remains social programmes include: Employment to be seen, but the active presence of child Insurance, Elderly Benefits, the Canada Health advocates committed to the Convention in each Transfer and the Canada Social Transfer.70 The province is a promising sign, as is the fact that last two items are transfers to the provinces for the British Columbia Ministry for Child and the programmes that fall under provincial Family Development has made its commitment jurisdiction. Provinces are accountable to the to the Convention explicit. federal government for their health expenditures under the Canada Health Act, but there is much less accountability for the Expenditures and evaluation Canada Social Transfer as well as a lack of national standards. It is one thing to allocate funds for children in the budget; it is quite another to track It is commendable that fiscal accountability has expenditures and evaluate outcomes. Finance become increasingly important in recent years. Committees in both houses of Parliament that However, a focus on this kind of accountability track funding rarely focus on child-related has not helped answer the more fundamental expenditures, but some government ministries question: Has expenditure made a real difference do record their child-related spending. In 1999 in the lives of the children it was intended to CIDA released its first (and only) ‘annual’ report benefit? Often, when decisions are made to on the funds actually spent on programming in either reduce or change funding priorities, it is support of children.64 CIDA’s research showed difficult to find evidence that a child-impact that the reports associated with the National assessment has been part of the decision- Child Benefit (NCB) stand out because they making process. The shift to the universal collect information from the provinces as well childcare allowance, for example, is clearly as the federal government, focusing one year having an adverse effect on the provision of on expenditures and the next on indicators. affordable quality early-childhood care and education71 as called for by article 18 of the Exactly how much the federal government Convention. In British Columbia, for example, actually spends on children is not an easy the shift led to a loss of $455 million to the question to answer. However, the development province’s Service Plan (an integrated system of process for Canada’s national plan of action services for children and youth, including (NPA), in response to the Special Session on prevention initiatives, early intervention and Children, continues to encourage the federal child and family development, and child government to identify its various investments protection services) for fiscal years 2007/8 to for children.65 This has provided a helpful 2009/10 for the provincial Ministry of Children template for subsequent reporting, but because and Family Development.72 The rights of children some programmes are not renewed as priorities will suffer as a result, but it is unlikely this was shift, continual monitoring is essential. taken into account when the decision was made.

20 Budgeting and children Another example of the impact of reductions in independent office in comparison to the offices social service spending is the case of young in provinces with comparable populations. It refugees seeking asylum in Quebec. Among intends to track per capita spending on child the difficulties faced by the social services, advocacy elsewhere in order to seek budgetary “Growing caseloads, lack of placement and increases to support promotion and advocacy other resources, limits in the help given to the work, outreach and universal parenting host families of the youth…compromise their programmes.82 The office is also actively capacity to intervene in the best interests of considering convening an annual press these youth.”73 Cutbacks have also influenced conference to issue a report card entitled the other sectors, including education, which ‘State of the Children in New Brunswick’, which heightens the difficulties faced by young would include assessments of public spending.83 refugees and furthers their marginalization from society.74 No doubt there are other examples, but it remains a fact that there is no overall When evaluations that include child impact commitment to tracking or evaluating assessments do take place, they can lead to expenditures concerning child rights in a positive results. The Public Health Agency of consistent and coherent fashion. This was Canada, for example, recently evaluated the noted by the Committee on the Rights of the national impact of its Aboriginal Head Start Child in 2003. While complimenting Canada on programme in 10 urban and northern its various measures to allocate resources to communities. The programme supports locally support child rights, including the NCB, the developed and managed early intervention Committee reiterated “concerns expressed by plans to promote the positive, healthy the Committee on Economic, Social and Cultural development of approximately 4,500 Inuit, Rights (E/C.12/1/Add.31, para. 22) and the Metis and First Nations children. It received Human Rights Committee (CCPR/C/79/Add.105, $37.5 million in 2006/7 for 131 sites in paras. 18, 20) relating to modalities of 120 communities across the country.75 The implementing NCB in some provinces.”84 It participatory evaluation in 10 communities found that the programme is accomplishing its encouraged Canada to include consideration of objectives and “contributing to the health and the elimination of “any negative or social development of Aboriginal children and discriminatory effects it may have on certain 85 their families”. 76 However, despite its success, groups of children” in its regular evaluation of its reach is extremely limited since less than the NCB’s impact and implementation. 10 per cent of eligible four- to five-year-olds are However, while the federal government’s fiscal enrolled in the programme, and almost all the transfers to provincial and territorial sites are full to capacity with waiting lists.77 governments to support various social measures require public reporting in In another example, the federal government accordance with the federal–provincial renewed funding for the Centres of Excellence agreements, the provinces are also given “the for Children’s Well-Being Program following the right and authority to decide” how to allocate 2005 evaluation by Consulting and Audit the money.86 Without national standards, it is Canada, which concluded that “the Program not always easy for provinces to be consistent has been very successful and cost effective in in their approaches. increasing knowledge and public understanding of the key determinants of children’s well-being.”78 It also “addressed the Civil society and budgets gap in life chances between Aboriginal and non-Aboriginal children.”79 The programme for children predates the adoption of Canada’s NPA, but, according to the Public Health Agency of The role of civil society in bringing about Canada, it “aligns closely with the equality and social justice across the country commitments in A Canada Fit for Children”. 80 cannot be underestimated because, over the years, national organizations, coalitions and At the provincial level, too, there are positive policy institutes have best been able to track examples. The Auditor General in and analyse budgets and expenditures at both Newfoundland and Labrador audits all public national and provincial levels. Notable among spending and conducts compliance audits so these organizations are the Canadian Council that government departments follow policies, on Social Development, the Canadian Policy procedures and legislation.81 The New Brunswick Research Networks (CPRN), the Caledon Child Advocate is a relatively new, small Institute of Social Policy and Campaign 2000.

NOT THERE YET 21 Non-profit organizations (other than sector’s contributions, “their capacity and universities and research institutions) received essential character are at risk.”94 Consultations almost $3 billion in grants and contributions with the non-profit sector revealed its “fragile from the federal government in 2004/5.87 All state,” and suggested that it is “hostage to levels of government depend on the significant costly funding delays and to reporting role in Canadian society played by the requirements that many are ill-equipped to community non-profit sector from small, local meet.”95 The lack of core funding to support the organizations to national-level agencies.88 This day-to-day operations of these organizations sector depends for its income on contributions impedes their capacity to meet accountability from a range of donors: government, private requirements of the government.96 businesses and individuals.89 As most organizations focus on programming, they are: While this sector is supportive of donors’ stated awareness of the need to improve “…heavily dependent on transfers from accountability in funding reforms, the government and are strongly affected by consequences of funding cutbacks for the shifts in government policy. Because of sector seem inadequately appreciated, this high level of dependency on according to one study.97 Katherine Scott of the transfers, the community non-profit Canadian Council on Social Development sector, like First Nations, has been explains: “Many organizations that survived severely affected by the current government funding cutbacks of the 1990s are shortcomings of the federal grants and financially fragile because they are now contributions regime and certainly has dependent on a complex web of unpredictable, much to gain by its reform. Approx - short-term, targeted project funding that may imately one third of funding for the unravel at any time.”98 Due to short-term community non-profit sector involves funding, the sector’s capacity to develop amounts under $100,000.” 90 relevant programmes to address community needs, and plan for emerging needs, is However, the community non-profit sector is declining.99 This, combined with a drop in civic currently facing serious problems in this participation and an increase in demand for essential relationship with the federal services, have exaggerated the sector’s government. In spite of many consultations, problems.100 Furthermore, changes in funding “the sector today suffers from more uncertainty arrangements and demands have undermined and instability than ever before. A simplified the sector, which is unable to accomplish its application, reporting and auditing process, objectives as it once did.101 For example, there predictable funding, and speedy decisions have been continual cutbacks to funds for would address many of the sector’s concerns.”91 urban Aboriginal peoples.102 The constant work needed to obtain core funding leaves no room Serious financial cuts in federal government for initiatives that are not part of the main funding during recent years have created mandate of the Friendship Centres, negatively major problems for the non-profit sector. Yet 79 per cent of Canadians believe that non-profits affecting efforts to secure funding for 103 understand their needs better than the Aboriginal youth leadership development. government, and 72 per cent feel these “Nonprofit and voluntary organizations now organizations are better than the government operate under intense financial pressures and in meeting these needs.92 The role of this sector is fundamental to the country: they face significant operational challenges, the consequences of which are influencing their “The programs funded by federal grants direction and challenging their legitimacy,” and contributions to this sector fulfil writes Katherine Scott.104 Organizations hesitate essential public policy purposes in every to refer to child rights in funding proposals due field of human and social development.... to the government’s lack of explicit support105 A successful and enduring partnership as well as concern that it will impede resource between the federal government and the generation.106 Organizations are being directed community non-profit sector is essential not by their missions but by the drive to take to the delivery of many vital services on projects or activities with potential or for Canadians.” 93 available funding, causing ‘mission drift’, for one third of organizations surveyed in Yet, non-profit and voluntary organizations are Canada.107 The changes and loss of under stress, warning that, despite the fact that contributions to the sector are important, there is now a better understanding of the particularly given the significance of the sector

22 Budgeting and children for implementation of the Convention on the One of the roles of civil society is to increase Rights of the Child. The sector’s contributions understanding of the importance of the as “advocates, representatives and community- relationship between children and budgets. builders” are unique.108 The current state of UNICEF Canada made a valuable submission to non-profit and voluntary groups means that the House of Commons Standing Committee “the loss of the public spiritedness and the on Finance urging the adoption of a national public goods that have traditionally budget and tax system that highlights characterized the activities [of the non-profit children’s best interests, due to Canada’s legal and voluntary sector] is in danger of going obligations under the Convention on the Rights unnoticed.”109 The Government of Canada has a of the Child to allocate maximum resources; critical leadership role to sustain the sector. and the need for a systematic process to avoid Recommendations made to the government to discriminatory decisions that do not meet redress the situation include: the development children’s needs.115 The organization showcased of a collaborative mechanism and process to the valuable experiences of such initiatives in reform government funding; tailoring funding Brazil, Norway, South Africa and Sweden in approaches and tools to reflect various needs relation to their national budgets and their 116 and improve flexibility; and acknowledging the efforts to allocate revenues to children. administrative costs of funding agreements.110 It identified useful tools to measure the impact on children of both expenditures and revenues, The elimination of $1 billion in federal the first through policy assessment, public programme funding, announced in autumn expenditure incidence analysis and beneficiary 2006, has had a further significant impact upon assessments; the second by looking at personal 117 the non-profit sector. For example, despite income taxes, indirect taxes and user fees. positive federal government evaluations of its In addition, UNICEF Canada and the Child work, the Canadian Policy Research Networks, Welfare League of Canada also wrote to the which has produced valuable independent federal Minister of Finance in 2006 to urge creation of Canada’s first children’s budget in research on a range of areas including order to measure the allocation of resources to children’s policy, had $3 million cut from its children – both intended and indirect – as well funding because it was viewed as a failure as inclusion of such accounting in federal under the government category, ‘Value for transfers to the provinces.118 Money’.111 This raises the question: Who decides what is ‘good value’ in accordance with what Campaign 2000 is a particularly vocal actor criteria? The Community Social Planning with respect to budgetary measures to reduce Council of Toronto identifies this cut as the numbers of children living in poverty. reflecting a trend: “Many of the federal Initiated in 1991, this cross-country campaign government’s cuts focus on programs and takes its name from the 1989 all-party motion agencies engaged in research and policy in the House of Commons to bring about an analysis, work that informs how policymakers end to child poverty in Canada by the year and the community understand and approach 2000. Even though 2000 has come and gone, 112 social issues and issues of equity.” The 2006 the many organizations that contribute to cuts also eliminated the Court Challenges Campaign 2000 continue their efforts, issue Program that contributed to the cost of test- annual report cards and make regular well- case litigation making Charter rights accessible; researched submissions to both federal and and the Law Commission of Canada, an provincial governments as they conduct their independent agency advising Parliament on budget processes. improving legislation, including a report on institutional child abuse in 2000 that encouraged It is telling, however, that there were no community involvement in law reform.113 submissions from Canadian NGOs or AToronto forum identified three main concerns: individuals to the Day of General Discussion on poor communication from the government resources for the rights of the child held in about cuts to the non-profit sector, particularly September 2007 by the Committee on the marginalized groups, without concern about the Rights of the Child.119 It must also be noted that impact and lacking a rationale; the cuts the federal budget process no longer exacerbating the ‘democratic deficit’ by encourages presentations from child-focused eliminating programmes and research efforts organizations. Hence, fewer members of and, in effect, silencing voices; and fear that Canadian civil society are involved in the cutbacks will only worsen in the future.114 federal budget development process.120

NOT THERE YET 23 Conclusion Child Justice Bill ensured that it could be effectively implemented, and resulted in the There are many areas for progress in Canada in understanding that the new legislation would relation to children and budgets across save the government money.123 The Committee jurisdictions, including mandatory consideration on the Rights of the Child welcomed this of children’s rights in the budgeting process, approach.124 Civil society could do more in this child-impact assessments and the costing of area. Although there are examples in legislation. As UNICEF Canada and the Child Campaign 2000 and the Canadian Council on Welfare League of Canada highlight, there are Social Development’s The Progress of Canada’s substantial benefits to including the child rights Children and Youth report,125 there is generally perspective in budgeting: better coordination insufficient attention to budgeting for children’s between economic and social policies; reduction rights. In particular, discrepancies related to of discrimination between regions and groups First Nations children in terms of allocations of children in service provision; protection from and expenditures need to be addressed as a adverse economic policies; and promoting matter of urgency. children as a population deserving of respect.121 (For the time being, however, it appears that the As young Chelsea Howard contended: relationship between children’s rights and their need for resources is separated from the “We say we value children – but what do budgeting process partly because, as the Senate our actions and decisions reflect? Standing Committee on Human Rights has Everyday decisions are made to allocate pointed out, children are “silenced” and do not resources, but when it comes to living up have a vote.122 to our obligations to children under the Convention, I have to question if we truly 126 Legislation is rarely costed to ensure adequate value children as we say we do?” implementation in terms of the focus populations. In South Africa, costing of the

24 Budgeting and children 3 NATIONAL PLANS OF ACTION

Introduction Federal and provincial efforts

Most United Nations-related international The first major NPA for children developed in agreements on human rights and social Canada was inspired by the UN-designated development call for each participating country International Year of the Child (IYC) in 1979. The to develop a national plan of action (NPA) for Canadian Commission for IYC, established by implementation. The Convention on the Rights the government, and comprising over of the Child is no exception.1 While NPAs may 40 government and non-governmental be relatively easy to design in unitary states representatives, developed the document, For with a tradition of central planning, they are Canada’s Children: National Agenda for Action considerably more problematic in a confed er- in 1980,5 to ensure that IYC left a legacy for ation like Canada, where the very term Canadian children. The Agenda was framed by 6 ‘national’ in conjunction with ‘plan’ is likely to the Declaration of the Rights of the Child. face challenges from provincial actors. After parliamentary hearings, the federal government responded to the Agenda with a Nevertheless, over the years Canada has neutral document that justified existing developed a variety of national plans and measures and made no new commitments.7 strategies related to particular aspects of There was no provincial response. children’s health and well-being through federal–provincial negotiation and agreement. A decade later, Canada was one of six initiating countries for the 1990 World Summit for Still, the Committee on the Rights of the Child Children.8 The Summit itself was co-chaired by has not judged these measures to be adequate the then Prime Minister Brian Mulroney of the for the full scope of implementation of the Conservative Party. In response to the World Convention and, as recently as 2003, identified Summit Declaration and Plan of Action, Canada in its Concluding Observations on Canada’s prepared and submitted to the United Nations second report that the Government of Canada a five-year national plan of action entitled needs to develop “a unifying, comprehensive Brighter Futures.9 While this NPA deserves and rights-based strategy, rooted in the credit for having inspired considerable 2 Convention.” A year later, in 2004, Canada progress on World Summit goals, even though released a national plan of action guided by it has been described as “largely a catalogue of child rights entitled A Canada Fit for Children, existing programmes,” it did not directly to fulfil the commitment it made at the address the issue of implementation of the conclusion of the United Nations General Convention.10 However, even the Committee on Assembly Special Session on Children.3 The the Rights of the Child acknowledges the plan was presented to UNICEF in New York in limitations of NPAs related to the World April 2004 in conjunction with Quebec’s plan, Summit goals since they “related to the Un Québec digne des enfants (A Quebec Fit particular commitments set by nations for Children).4 attending the Summit.”11

25 Following the World Summit, Prime Minister efforts to develop an NPA.14 After a year of Mulroney named Benoît Bouchard, (then) consultation with government officials, Minister of Health and Welfare, as minister parliamentarians, national aboriginal responsible for children’s issues. Mr. Bouchard organizations, civil society organizations and created a Children’s Bureau within his ministry individuals, and numerous children and youth, that served as a federal focal point on children a draft was released for comment from all and guided the development of the NPA, those consulted.15 Brighter Futures, and many of the child-related programmes that issued from it, such as the In March 2004, the NPA, entitled A Canada Fit Community Action Program for Children for Children, was signed off by the federal (CAPC) aimed at rallying disadvantaged government and adopted as a Cabinet communities around their children’s needs. document. It was launched on Canada’s Parliament Hill in May, exactly two years after 16 In preparation for Canada’s ratification of the the Special Session on Children. The NPA Convention on the Rights of the Child, the contains a declaration of Canada’s commitment provinces were asked to adjust legislation and to children, a vision statement and a plan of policies if necessary and to signal their assent. action that reflects both domestic and international priorities. It is designed to guide They were also requested to develop plans of Canada’s efforts for and with children, calling action to fulfil World Summit goals. Ratification for strategies that are child-centred, multi - of the Convention after the World Summit did sectoral, forward-looking and collaborative, not, however, result in either a federal or and identifies certain benchmarks to highlight provincial plan for implementation. progress.17 To parallel the categories established in the outcome document of the In 1996, federal, provincial and territorial First Special Session, ‘A World Fit for Children’, the Ministers established the well-being of children Canadian NPA elaborates the country’s goals and families as a priority for joint action, and the and strategies in four main areas of action: National Children’s Agenda was subsequently promoting healthy lives; protecting from harm; developed cooperatively, in consultation with promoting education and learning; and the public. There was no reference to the supporting families and strengthening Convention in this shared vision. The National communities.18 Although the previous NPA, Children’s Agenda identified four main goals for Brighter Futures, had not affirmed in its children: to be healthy; safe and secure; opening paragraphs the “obligation to promote successful at learning; and socially engaged and and protect the human rights of all children”, responsible.12 The first item on the agenda was A Canada Fit for Children is intentionally the Early Childhood Development Agreement to framed by the Convention on the Rights of invest in children less than six years of age. This the Child.”19 This difference is not so much a led to ongoing federal–provincial monitoring reflection of the quality of the documents as it efforts to assess the well-being of young is of the 10 years between them, years that children as part of the Social Union Framework had brought about a much greater awareness Agreement (SUFA).13 of the Convention.

A Canada Fit for Children was generally well Canada’s national plan of action received, particularly in the community of non-governmental organizations (NGOs), but its impact on federal policies and practices In 2004 Canada launched a national plan of related to children has been minimal. This is action to follow up on its United Nations perhaps the moment to analyse why national General Assembly Special Session on Children plans of action, with time-bound and commitments. Senator Landon Pearson, the measurable targets and goals, have such primary author of this study, was the personal difficulty gaining traction in Canada. representative of Prime Minister Jean Chrétien to the Special Session. Senator Pearson was Suppose, for example, that among the goals of deeply involved in both the domestic and an NPA would be Canada’s ratification of international preparations for the event well International Labour Organization (ILO) before her actual participation in the landmark Convention No. 13820 on the Minimum Age for event. Subsequently, she worked with the Admission to Employment, as the Committee federal ministers of Health and of Human on the Rights of the Child has recommended. All Resource Development who had been assigned the provinces and territories would have to joint responsibility for follow-up, and was adjust their labour codes, because these fall asked by them to guide the government’s within provincial jurisdiction. This would require

26 National plans of action a concerted campaign orchestrated by the But generally, at the provincial level, it appears federal government for an uncertain result that while governments refer to A Canada Fit because the provinces are not always convinced for Children, they do not specifically use it. In that change is necessary (see Chapter 1). Nova Scotia, for example, the NPA is not considered relevant to the departments serving On the other hand, ratification of ILO Convention children and youth.26 However, various civil No. 18221 presented no problem because the society organizations have specifically worst forms of child labour are already recognized the NPA. For example, the addressed by the Criminal Code of Canada and the Convention on the Rights of the Child and its United Nations Association in Canada has Optional Protocols, to which the provinces are developed its Healthy Children, Healthy already committed. A national strategy, however, Communities Project (which promotes the is seen as less prescriptive and more open- healthy development of 9- to12-year-olds) in ended than an NPA. It lays out constructive ways direct response to the NPA’s call for action. And in which to approach a problem rather than the UNICEF Canada-sponsored project Half- demanding predetermined outcomes. Way There (see Chapter 5) makes direct reference to the plan. Canada’s national strategy against the commercial sexual exploitation of children Nor does it mean that the provinces do not (CSEC) is a good example. This strategy was have action plans for children. Following the shaped by the framework articulated at the Special Session on Children in 2002, Quebec First World Congress against Commercial developed Un Québec digne des enfants, a Sexual Exploitation of Children, held in plan stating that international conventions, Stockholm in 1996, and has been guided ever especially the Convention on the Rights of the since by an inter-ministerial and inter-sectoral Child and its two Optional Protocols, have a committee based on the make-up of the direct relationship to the province’s priorities.27 Canadian delegation to that groundbreaking meeting. Canada’s CSEC committee is not a However, when Quebec refers to ‘national’ as decision-making body; its functions include the in l’Assemblée Nationale de Québec (the issuance of reports detailing government provincial legislature) it refers to Quebec, not measures as well as provincial and territorial to all of Canada. In fact, all national agreements responses to address child exploitation22 and it on social policy contain a disclaimer from the facilitates such events as the 1998 summit of province of Quebec, stating that it will establish sexually exploited young people that brought and manage its own programme similar (if not together 54 young people from the Americas to superior) to the national programme the other formulate and issue their own declaration and provinces have signed on to, with its share of agenda for action.23 the federal funding provided.

Other effective national strategies related to As a result of the Manitoba Healthy Kids, children at the federal level include: the Healthy Futures Task Force, Manitoba has Anti-Tobacco Strategy, the Healthy Active developed a plan that includes advice on health Living Strategy and the National Immunization from young Manitobans.28 Particularly valuable Strategy. While these approaches make no is Healthy Child Manitoba, created in March specific reference to the Convention, the Anti- 2000, which is the provincial government’s Tobacco Strategy in particular has made youth “long-term, cross-departmental prevention participation a key component. strategy for putting children and families first.”29 Led by the Healthy Child Committee of All this is not to say that the NPA has had no effect. The process of creating the document, Cabinet, it coordinates the government’s A Canada Fit for Children, involved a number programmes and supports for children of provincial government officials and led to focussing on community development and has some provincial follow-up. The province of an action plan on early learning and childcare.30 Newfoundland and Labrador has advanced the NPA through various measures that support The Ontario government developed its Best children, including the provincial Child Tax Start plan to advance childcare, early learning Benefit, the Poverty Reduction Strategy and a and healthy development of children. It mother-baby nutrition supplement.24 Various supports preschool children by introducing departments in the province have action plans various programmes, including: blind/low- that concern children, including the Safe and vision interventions, speech and language Caring Schools Initiative and the Recreation programmes, and healthy babies, healthy and Sports Strategy Plan.25 children programmes.31

NOT THERE YET 27 In Prince Edward Island, an advisory reduce the need for a comprehensive committee produced a strategy for the implementation strategy for the Convention.38 provincial government’s consideration to Nor, in spite of the recommendation made by advance healthy child development.32 The the Committee on the Rights of the Child to strategy identifies the National Children’s do so, does it address in any meaningful way Agenda, vision, values and positive child the Committee’s Concluding Observations on outcomes along with enabling conditions, Canada’s last report.39 Another problem is that policy implications and key areas for action. the NPA’s adoption by the Cabinet in 2004 was not accompanied by allocation of Some municipalities have also developed plans resources. While there are efforts on the part of action. ‘Success By 6’ action plans to support of some officials to make it relevant, it is clear successful early childhood development exist in that the NPA is not a driver of rights-based several communities throughout British action for children. Columbia: in the Lower Mainland and Fraser Valley, Interior, Northern British Columbia and The Committee on the Rights of the Child has Vancouver Island. Calgary, Edmonton, Ottawa recognized that the development of a national and the Peel Region of Ontario also have strategy or plan of action “is not a one-off ‘Success By 6’ action plans.33 This initiative is a task.”40 At the same time, it has stressed the good example of coordination between the strong relationship between coordination private and public sectors. The City ofToronto mechanisms and the development and developed a plan in response to report cards implementation of NPAs.41 The limitations of about the situation of children in the city issued Canadian coordination (also discussed in by the Children and Youth Action Committee, Chapter 7) and other factors are likely largely composed of city councillors, trustees, responsible for the limited relevance of the representatives from community organizations, NPA to date in planning and policy at various advocates and city residents.34 The first action levels. Another difficulty is that the NPA has not plan directed $3 million from the city budget to been integrated with budgetary decisions. realize its objectives.35 When the 2002 Report Although Canada is expected to include a Card on Children identified the “significant” section on its NPA implementation in its next needs of the city’s children,36 the 2003 action report to the Committee, monitoring is always plan identified necessary investments with a challenge. In 2003, the Committee outlined specific dollar amounts, costed for the city, in various concerns that should be a part of any order to reach specific populations. NPA, including: “clear priorities, a timetable and a preliminary allocation of necessary resources in conformity with the Convention at Analysis the federal, provincial, territorial and local levels in cooperation with civil society” and the While Canada’s national plan of action links the designation of a “systematic monitoring Convention on the Rights of the Child and the mechanism for the implementation”.42 These Special Session on Children outcome concerns remain relevant and accurately document, its results to date are less than describe some of the ongoing barriers to impressive. It is a comprehensive document, implementation listed in Chapter 8. reflective of a range of Convention standards, and was developed following extensive and Notably, in August 2006 the Government of widespread consultation. It is a proper Canada was asked to report to UNICEF on its response to the commitments that Canada follow-up to the Special Session on Children made at the Special Session on Children. This commitments in time for the start of the United is recognized both by the Senate Standing Nations General Assembly’s five-year review Committee on Human Rights and Canada’s process. The government delayed submitting response to the Special Session on Children its report until August 2007,43 although it was five-year review.37 However, the significance of due at the end of December 2006. The report the NPA for implementation of the Convention was developed following UNICEF’s outline and on the Rights of the Child has been undercut by expanded to reflect the NPA; public officials a number of factors, some internal to the liaised with members of civil society; and document itself and some external. provinces were shown a draft on a no- objection basis because of what was described For instance, the relationship between the NPA as a tight timeline. The release of the report and implementation of the Convention is more was delayed due to a variety of reasons, implicit than explicit. The document does not including other priorities, a late start to the

28 National plans of action process and the time required for approval Conclusion from the different levels of the bureaucracy. Some ministers also got involved and their The report A Canada Fit for Children has review and comment process added to the inspired a number of pockets of activity in delay. In contrast to Canada’s contributions to support of child rights across the country. With earlier international review processes, such as any national action plan, there must be ‘Copenhagen +5’ and, indeed, for Canada’s institutional mechanisms in place at the federal report to the United Nations Secretary-General level to keep either the federal government or for the Special Session on Children, the 2007 civil society, or both where needed, focused on report was sent to the Office of the Prime children’s rights. It is important to keep in mind Minister for final approval. The resulting that Canada is a confederation and central document is primarily a list of various existing planning is not part of its political culture. Over measures for children and was already out of the years, progress on social issues in Canada date when it was finally delivered.44 has been the result of long discussion and negotiation. This has been accompanied by To make the current NPA relevant for the legislative reforms at all levels of government, future, the Government of Canada would need and jurisprudence, particularly from the to distil it into a short, action-oriented Supreme Court. In that sense, perhaps the best document that does not focus on previous or that can be said of the report A Canada Fit for existing measures, but identifies essential and Children and the other NPAs for children, is that fully scoped rights-based priorities for future they are significant parts of a necessary action to improve the situation of children in discussion. Implementing the Convention on the Canada and abroad. Moreover, this document Rights of the Child in Canada is more likely to would have to be regularly updated and advance by focusing on the variety of measures highlight comprehensive, reasonable and that have been identified by the Committee on disaggregated targets that reflect all child the Rights of the Child and the Senate Standing rights. Regular monitoring is also required to Committee on Human Rights.47 determine progress or identify necessary areas of improvement in reports to Parliament and to the public.45 (Also see discussion of monitoring in Chapter 4.) It is important to note that various submissions to the Senate Standing Committee on Human Rights highlighted the necessity of specific time-limited targets and goals and monitoring of government efforts to achieve the NPA.46

NOT THERE YET 29 30 4 MONITORING MECHANISMS

Introduction establishment of a permanent monitoring mechanism that will enable an effective system Monitoring is a critically important process for of implementation of the Convention in all implementation of the Convention on the Rights parts of the country.”3 In 2003, the Committee of the Child.1 Ideally, it examines both the state again encouraged the Government of Canada of the children in the country and the state of the to strengthen monitoring.4 laws, policies, budgets and other measures in place to secure children’s rights. Monitoring assesses the well-being of children and the Federal government process of impact of policies, programmes and budgets on children. If done regularly, it acts as an early- reporting to UN committees warning system for emerging challenges. For Canadian federal bureaucrats rely on the example, a regular and comprehensive system support of the Continuing Committee of of monitoring could have identified rising Officials on Human Rights while preparing obesity rates among children in Canada well reports to United Nations treaty bodies. This before the trend became an epidemic, thereby committee, coordinated by the Human Rights prompting the establishment of preventive Program of the Department of Canadian policies and programmes. Heritage, was created to interact with Expressing the views of children themselves, provinces and territories with respect to the two 13-year-old boys explain why monitoring ratification and implementation of is important: international human rights instruments. It comprises representatives from each “To get accurate information from the jurisdiction and meets twice a year.5 At the parties involved and to have proof that federal level, broad interdepartmental directives [of the Convention] are being committees supervise the actual writing of followed. If those involved are saying government reports. In the past, with respect something, in this case the children, to its report to the Committee on the Rights of they might have a different opinion…. the Child, the federal government has Monitoring is important, to show that supported alternative monitoring efforts by the they do think otherwise than what non-governmental organizations (NGOs) such they are being told…. To get many as the Canadian Coalition for the Rights of diverse opinions.” 2 Children and the Society for Children and Youth of British Columbia (see discussion on The weaknesses of monitoring in Canada, and civil society below). especially the lack of a permanent monitoring mechanism, evokes continuing criticisms from There is a new federal government process to the Committee on the Rights of the Child. The make reports to international treaty bodies more Committee noted its concern in 1995 that succinct.6The process begins 12 to 18 months “sufficient attention has not been paid to the before the due date at the United Nations, and

31 involves the development of a list of key focus Data collection issues and the identification of relevant indicators and data sources. Concerned NGOs The collection of data is essential to are to be informed about the key issues by monitoring. National data is available from the letter and invited to indicate their priorities or National Longitudinal Survey of Children and put forward other major areas of concern. Youth,11 as well as several other sources such A questionnaire is developed and sent to as the Canadian Incidence Study on Reported provincial and territorial governments and Child Abuse and Neglect, which surveys every federal departments for their response. The five years the nature and extent of child federal coordinating department receives maltreatment in the country.12 In relation to responses and prepares a draft report that is child and youth protection, however, it is circulated to contributing departments. The difficult to ascertain the national situation due updated draft is then submitted to the Human to the differences between child welfare Rights Program at Canadian Heritage. systems across the provinces and territories. Following review of all the submissions and Each jurisdiction has different concepts, the negotiation of changes with the submitting definitions, clinical approaches and structures. body, the reports are translated (so as to be For example, in Quebec, for welfare and submitted in both official languages, English protection services, the child is defined as a and French), edited and formatted. Approvals person below the age of 18; in other provinces, are sought from the federal, provincial and including Ontario, a person below 16; and in territorial governments. Once the final changes British Columbia, a person up to 19 years have been incorporated, the reports are of age.13 The federal government itself has no transmitted to the Department of Foreign mechanisms to collect data related to child Affairs, which submits them to the relevant rights, and therefore cannot provide leadership United Nations committee by the due date. and expertise on children to the other levels of government.14 This process raises certain questions. Would the collation of federal–provincial–territorial Canada collects data in a number of different information be improved if it were com- ways, but these data are not necessarily plemented by a synthesis that could provide a helpful for monitoring child rights. Despite the broader understanding of the rights situation? Is volume of statistical data submitted in 2003, there any further role for civil society, particularly the Committee on the Rights of the Child NGOs, in the process? And perhaps the most expressed concern about Canada’s insufficient important question: Where, in the report on the development of data collection and Convention on the Rights of the Child, is there disaggregration, failure to synthesize the data, space for children’s voices? and lack of systematic inclusion of data about all persons under 18 years of age.15 As a result, Other interesting initiatives by the federal the Committee recommends strengthening government to monitor child-focused policies do and centralizing data collection and analysis exist, although their implementation has been for systematic disaggregation and emphasis uneven. For example, federal–provincial efforts, upon the most vulnerable groups. This should as part of the Federal/Provincial/Territorial Early in turn influence the development and Childhood Development Agreement under the evaluation of various measures, and Social Union Framework Agreement (SUFA)7 to implementation and monitoring of the monitor the well-being of young children, have Convention.16 The Senate Standing Committee been carried out since 2002.8 These reports are on Human Rights does recognize the need for directed to the public and are increasingly useful data collection by both the recommended for advocates and others concerned with children’s commissioner and the recommen - children’s well-being. The recent report reflects ded federal interdepartmental implementation Canada’s concern for young children, and there working group on children’s rights.17 is reference to the Convention in the section on National Child Day.9 These challenges related to data collection result in many gaps “in our knowledge [about The eighth report to monitor the National Child children, which represent major obstacles to Benefit (NCB) under a national governance and ensuring that children’s rights are respected accountability framework was released in 2006. and that our laws, policies and practices It examines societal level indicators and direct increasingly are gaining consistency with the outcome indicators to identify the direct impact Convention standards.”18 For example, when of the NCB on families with children.10 information about the impact of government

32 Monitoring mechanisms spending on children is requested, only a youth. Through the use of statistics, the report catalogue of public money spent is supplied, describes the economic context, health and without any assessment of the impact on child welfare issues and poverty status of this children.19 Such approaches to monitoring led group. It includes the words of Aboriginal the Committee on the Rights of the Child to peoples themselves.The report concludes with enunciate, in its revised reporting guidelines, recommendations to address the issues, the importance of not simply listing measures including advancing understanding and in State Party reports but also the need to support for Aboriginal peoples, challenging “provide clear information on the goals and racism, adopting a national anti-poverty timetables of those measures and how they strategy and investing in various measures.28 have had an impact on the actual economic, political and social realities and general International actors also contribute to conditions existing in the country”.20 In monitoring of the Canadian situation. The response, academics and others in civil society Committee on the Rights of the Child plays a widely advocate the use of child-impact critical role in assessing progress on assessments, programme evaluations and implementation of the Convention. comprehensive disaggregated data for use in The United States Department of State develops the development and implementation of an annual brief report on Canada’s human rights programmes and policies affecting children.21 performance: the 2008 report, for example, included details about “children’s rights and The lack of sufficient or accurate reporting on welfare” in relation to education, medical care, the status of Indigenous children around the incidence of violence [and] sexual exploitation.29 world, for example, is partly due to limited More important, the efforts of international comprehensive, disaggregated data and a lack organizations, including UNICEF, play a of responsibility on the part of States, significant role. For instance, the release of the researchers and others, as various international UNICEF Innocenti Research Centre’s Report Card organizations including the World Bank, No. 7 that detailed child well-being in rich the World Health Organization (WHO) and countries ranked Canada in the bottom third of 22 UNICEF note. The information that does exist all countries surveyed in three areas: subjective tends to ignore differences between and well-being; behaviours and risks; and family and among indigenous peoples and uses peer relationships.30 This report provided an “simplistic, unreliable or inconsistent markers excellent advocacy opportunity for civil society, of who is ‘Indigenous’.”23 “Most studies explore including the Child Welfare League of Canada.31 the experiences of all Indigenous peoples and fail to account for the significant differences among different cultural groups. Studies that do disaggregate the experiences of Indigenous Provincial reporting process people suggest important differences in experience are evident.”24 With the reporting Provincial governments tend to take a reactive obligation to the Committee, States also have approach to reporting on Canada’s implemen- the “responsibility to collect accurate, tation of the Convention; they develop their disaggregated, ethical data to the best of their monitoring reports to be included with abilities so that they can report fully on the Canada’s report to the Committee on the Rights Convention’s progress and implementation of the Child, generally without consultation, with respect to Indigenous children.”25 One following receipt of the request from the young person remarked: “There is such federal government.32 There are, however, ignorance about the issues that Aboriginal some other efforts made by provincial youth face.”26 Monitoring efforts to date are not governments to monitor the situation of ringing true to some Aboriginal children (as children within their own jurisdiction. For indigenous children in Canada are called) and example, the New Brunswick Department of youth; one remarked: “It seems that we are Education commissioned a review of inclusive repeating history and saying how well we’ve education in the province to analyse legal and done but it’s not working.”27 human rights frameworks within which public education must be delivered.33 To overcome this gap, there have been recent attempts to collect and analyse data about Provincial child advocates play a significant Aboriginal children in Canada. For example, in child rights monitoring role in relation to September 2007, the National Council of provincial law. All but one advocate (Alberta’s) Welfare released a report detailing the situation is independent of the government. The former of First Nations, Metis and Inuit children and Child Advocate in Ontario, Judy Finlay,

NOT THERE YET 33 explains that “everything is tied to rights” in process engaged NGOs, experts and children. the work of the Ontario Child Advocate, who In addition to a 2003 update for the Committee consistently references the Convention.34 on the Rights of the Child,46 CCRC developed a Nova Scotia’s ombudsman’s office regularly community-based monitoring tool kit involving visits youth in care or in custody,35 and reports 10 communities across the country to raise about the visits, identifying issues to be awareness and train actors about child rights brought to the attention of the relevant for accessible monitoring.47 These efforts of government department.36 It is exploring CCRC and SCY were the result of short-term potential involvement in the establishment of a exercises that were dependent on available provincial paediatric death review committee.37 government funding. New Brunswick recognizes the importance of monitoring its government services to children Other organizations engage in various within its jurisdiction and passed legislation in monitoring efforts. For example, the Canadian 2004 to establish a child and youth advocate.38 Council on Social Development produces an The advocate finalized a report in September annual report entitled The Progress of Canada’s Children and Youth, which contains useful 2007 examining numerous complaints from information about the status of children, parents of youth with complex needs, which although it does not encompass a included a review of gaps in service provision comprehensive rights-based approach.48 to youth.39 In Newfoundland and Labrador, the Campaign 2000 releases an annual report card Provincial Human Rights Commission and the on child poverty in Canada. Human Rights Association monitor rights in 40 addition to the provincial Child Advocate. In The Ontario-based North-South Partnership for Manitoba, the Child Advocate’s Office, the Children in Northern and Remote Communities Office of the Auditor General and the Manitoba undertook a useful monitoring exercise with Ombudsman play monitoring roles.41 two First Nations communities, namely, Mishkeegogamang and Webequie, using The advocates are vital to monitoring. assessment methodologies similar to those However, provincial governments should not utilized in international crisis zones. This abandon all monitoring responsibilities to exercise used First Nations and NGO resources them. Monitoring is a participatory process: to describe the issues affecting communities, All relevant actors should monitor the child raise awareness, develop a response plan and rights situation to compile a comprehensive prepare advocacy to secure additional picture that will lead to positive change.42 resources to address the needs of the remote communities.49 One of the assessments, for example, concluded that while community Civil society efforts members desired to regain control of their communities with additional necessary Canadian NGOs have developed techniques supports and resources, it was important to and processes for monitoring implementation acknowledge that “the negative impact of past of the Convention on the Rights of the Child. and present traumas that First Nations The Society for Children and Youth of British communities have experienced cannot be over Columbia (SCY) developed and tested a star emphasized and the complexity of the ill effects rating system for every provincial statute, cannot be easily explained.”50 The report including regulations and relevant federal concluded with numerous recommendations to legislation. The number of stars correlated stress the responsibilities of various with the degree of overall compliance with stakeholders, while recognizing that they the Convention, and specifically article 12.43 sometimes overlap, namely: civil society, SCY has also identified foster-care regulations governments, First Nations communities, the for analysis, developed a step-by-step guide private sector, parents and families, children and for policy analysis and guidelines for youth, religious/spiritual leaders and elders, developing policy.44 academics, the media and community professionals.51 Indeed, the significance of The Canadian Coalition for the Rights of monitoring lies not simply in obtaining accurate Children (CCRC) developed a monitoring results about the rights situation, but also in the framework in 1999 to assess Canada’s follow-up steps taken by all relevant actors. implementation of the Convention based on the categories of: legislation and regulations, Child health receives considerable monitoring case law, policy, practice, statistics and attention from various civil society actors in research, public opinion, other relevant sources Canada. The Canadian Paediatric Society (CPS) and the voices of children.45 Its participatory produces valuable reports that monitor public

34 Monitoring mechanisms policy by comparing federal, provincial and Canadian society. Individual academic pro- territorial laws and policies. In its 2007 report, fession als like Katherine Covell and Brian Howe CPS examined efforts in relation to disease at Cape Breton University, Nova Scotia, prevention, health promotion and injury regularly assess the status of children’s issues, prevention, and highlighted major discrepancies including child rights education and child in the promotion and protection of child rights welfare.62 Others have been directly involved in to health across the country.52 CPS intends to NGO monitoring.63 Their efforts are supported include a measure on child poverty in its 2009 by a growing number of centres and report.53 It also cites the Convention on the programmes that advance child rights in post- Rights of the Child in noting Canada’s failure to secondary institutions through coursework, advance the child’s best interests in relation to conferences and other events. These ‘Jordan’s Principle’54 (also see Chapter 2), and institutions include: Cape Breton University criticizes the inadequate efforts by all the (Nova Scotia); the Universities of Northern provinces and territories to introduce a child- British Columbia and Victoria (British first policy to resolve jurisdictional disputes Columbia); Mount Royal College (Alberta); involving First Nations children and their care. University of Manitoba; McGill University (This excludes Nova Scotia, which has a (Montreal); and the Universities of Brock, tripartite agreement for dispute resolution, and Carleton, Lakehead, Nipissing, Ottawa, Ryerson Nunavut, where the issue is not applicable.)55 and King’s University College at the University Moreover, CPS identifies the importance of of Western Ontario (all in Ontario).64 While child advocates at the provincial and federal some Canadian academic researchers in all levels, and suggests that the scope of all provinces contribute to the National provincial advocates should extend beyond Longitudinal Survey of Children and Youth and children in the welfare system to include all conduct other monitoring activities,65 they do children and youth within their jurisdictions.56 not always rely on a child rights framework in their research.66 The Canadian Institute of Child Health has produced three editions of a report about the The news media (whether public or private, status of child health in the country.57 The joint national or local, television, print or Internet- Children in North America Project considers based), can act as important and powerful emerging problems related to child health and monitors, but their potential is weakened by safety in Canada, Mexico and the United States.58 inconsistent coverage, sensationalistic The Assembly of First Nations co-produced with approaches and lack of adequate under - the government a report on the well-being of standing of child rights.67 Also not enough First Nations children.59 It has also developed a young people are involved in the media, First Nations Health Reporting Framework, which although there have been sporadic efforts such focuses on the community and is unique in as Young People’s Press, based in North Bay, acknowledging the role of self-government in Ontario, which has published articles written First Nations’ well-being.60 by youth in approximately 220 Canadian newspapers and 300 newspapers in the On 20 November 2007, eighteen years after the United States of America.68 adoption of the Convention, UNICEF Canada produced its own monitoring report on the Nevertheless, young people clearly want their status of children and of children’s rights, voices heard in the monitoring process. As one entitled What’s Rights for Some – 18 @ 18: young person consulted in 2006 observed: A portrait of Canada’s first generation growing “Asking kids what they think is so important. It up under the UN Convention on the Rights of makes kids feel good and it tells people what the Child.61 The report expresses many of the we think.”69 Another young person remarked: same concerns about Canada’s implementation “Nobody ever thinks to ask the kids how we of the Convention that are raised in this study. In feel. Things that might not seem very important particular, the report focuses on the disparities to you are very important to us. We should be in rights realization among various groups of allowed to express ourselves.”70 The lack of children, notably children living in poverty and child rights awareness and education is Aboriginal children. The voices of youth problematic for monitoring,71 which, if it is to highlighted within the report are eloquent and include children and young people, must articulate and give it special meaning. inform them about their rights under the Convention.72 As one young person noted, In addition to NGOs and professional “After you’re aware you can evaluate the status organizations, academic researchers and the of your rights.”73 Young people themselves media play important monitoring roles in know that, once made aware of their rights,

NOT THERE YET 35 children and young people can provide independent oversight body, either an feedback on their rights and help monitor the ombudsman for children and youth or a fulfilment of other children’s rights.74 children’s commissioner, is the primary obstacle. In order to be successful, the office reports it would require independence, public awareness Analysis and conclusion and accessibility.78 Limited provincial and community monitoring is also problematic for a Improved government reports on children’s comprehensive picture.79 The Child Advocate’s rights would greatly benefit the analysis of the Office of Newfoundland and Labrador, which is state of children in Canada undertaken by well supported by the provincial government, international monitors. The Committee on the identifies the key problems at the federal level Rights of the Child noted in its Concluding as a lack of political will and dedicated funding Observations on Canada’s second report that a to develop mechanisms for monitoring, namely synthesis report of the federal and provincial a children’s commissioner; and the absence of reports “would have provided the Committee awareness and acceptance about the Convention with a comparative analysis of the implemen- among public officials, professionals and the tation of the Convention and a more general public.80 Clearly, the concept of rights is coord inated and comprehensive picture of the not inspiring or guiding monitoring processes to valuable measures adopted by Canada to an effective result, and as a consequence implement the Convention.”75 In this regard, a creating an emphasis on very selective, sporadic follow-up to the new federal process for and needs-based monitoring.81 international human rights reporting will be essential to analyse improved outcomes. For child rights monitoring processes in The provincial child and youth advocates are Canada to be successful, there is an urgent generally in agreement about the obstacles to need for additional and adequate resources effective monitoring. The Manitoba Child and agreed-upon indicators.82 It would be Advocate identifies the most significant helpful if the country paid more attention to problems as the absence of a centralized body child-impact assessments, for example,83 in to comprehensively monitor child rights and the order to consider the implications for children’s lack of a children’s commissioner for Canada.76 rights of proposed measures. Greater and The New Brunswick Child Advocate has more comprehensive monitoring is essential identified the same gap.77 For the Nova Scotia for the full implementation of the Convention Office of the Ombudsman, the lack of a federal on the Rights of the Child in Canada.

36 Monitoring mechanisms CHILD RIGHTS EDUCATION, AWARENESS-RAISING AND 5 TRAINING ACTIVITIES

Introduction campaigns to raise awareness of the Convention or to ensure that these reports find The Convention on the Rights of the Child a place on the public agenda. Furthermore, the highlights the importance of education, funds available for child rights training for awareness-raising and training in order to professionals working with children or support and realize its implementation. Despite interested in children’s issues are minimal. efforts in Canada to fulfil the obligation under This chapter will address the following article 42 to make the Convention’s principles aspects of this gap: the education of children, and provisions “widely known, by appropriate raising public awareness, and the training and active means, to adults and children alike,” of professionals about child rights and considerable concern has been expressed about the Convention. the lack of awareness of the Convention among the government, Parliament and the public.1

The public, and particularly children, have little Government activities knowledge of the Convention due to, as one author puts it, “sporadic initiatives and a Raising awareness of the Convention seeming reluctance to act in more than a Canadian Heritage promotes human rights in 2 symbolic manner.” The lack of familiarity with the country on behalf of the federal the Convention among children and youth in government through the government’s Human Canada is exemplified by the comment made Rights Program. In addition to coordinating by Megan Fitzgerald, a student in St. John’s, with provincial and territorial governments the Newfoundland and Labrador, to the Senate implementation of international human rights Standing Committee on Human Rights: commitments and the preparation of reports to the United Nations, the programme carries out “Someone like me who knows so much its mandate through the provision of grants about what is going on, at least in my and contributions to organizations, as well as community, knew nothing about my the distribution of publications upon request.4 rights, as set out in the Convention on The programme’s priorities are to improve the the Rights of the Child…. How can we awareness, knowledge and enjoyment of feel motivated and empowered to human rights. The focus in 2006–2007 was to implement our rights into our own lives increase public awareness of the Convention if we do not even know them?” 3 on the Rights of the Child and the International Covenant on Economic, Social and Cultural Although Canada’s reports to the Committee Rights.5 Accordingly, the programme has on the Rights of the Child and the Committee’s supported activities such as two university- Concluding Observations are publicly available organized conferences at Brock University, as required by article 44(6) of the Convention, Ontario, and the University of Ottawa, which and are posted on a government website, there engaged a broad range of actors across have been no comprehensive government sectors; and UNICEF Canada’s child rights

37 speaking series6 entitled ‘Halfway There: private member’s bills referencing the A Canada Fit for Children in a world fit for Convention. Other parliamentarians also children’, hosted by universities across the submitted private members’ bills, which cited country. However, the Human Rights Program’s the Convention as the guiding instrument in efforts are generally not aimed at children and, their drafting. Even when they fail to become despite their best intentions, are limited due to law, bills related to the abolition of corporal lack of resources. According to Canadian punishment, and to the protection of children Government estimates for 2006/7, the amount from other forms of violence and exploitation, available for grants and contributions for the provide an opportunity for public debate and entire department of Canadian Heritage awareness-raising. totalled $1,104,612,000, and yet grants in support of the Human Rights Program, one of The public, however, remains indifferent to many programmes and bodies supported by Canada’s obligation to report on its Heritage Canada, totalled only $392,280.7 This implementation of the Convention to the amount has remained fairly stable in recent international community. UNICEF Canada years, even though these dedicated resources testified to the Senate Standing Committee are insufficient for educating all Canadians, on Human Rights that United Nations reporting especially children, across the country. holds Canada accountable to the international community but not to Canadians; and The federal government also offers limited consequently, “UNICEF will know more about support to other national efforts to spread what Canada has said about Canada’s children’s awareness of the Convention, including right[s] than our own populous [sic] will.”11 In National Child Day on 20 November annually, conformity with article 44(6) of the Convention, a day established by an Act of Parliament in the Committee on the Rights of the Child 1994 to mark the adoption of the Convention at recommended in 1995 that Canada’s initial report the United Nations and to celebrate Canada’s be made available to the public along with the children. This support, however, appears to Committee’s Concluding Observations.12 consist solely of online presentation of material.8 Nevertheless, National Child Day is a As noted above, Canadian Heritage does provide significant and ongoing opportunity to raise free copies of the government report and makes awareness about the Convention. For the past it available electronically on their website, but its five years, the Senate of Canada has sponsored distribution has limited effect. This is partly a major celebration in Ottawa with national because the onus is placed upon the public to coverage. Provincial and local efforts to mark request a copy. This assumes the public’s prior National Child Day are also carried out across awareness of the existence of the Convention as the country to promote and explore child well as of the Government of Canada’s rights. At the request of the Office of the Child obligation to monitor its implementation. Advocate, for example, Newfoundland and Article 42 of the Convention, demands more Labrador proclaims Child and Youth Advocacy than simply making the information available; it Week to coincide with National Child Day, and requires appropriate and active means for carries out activities and events throughout the dissemination of the Convention.13 The province to promote and support child rights.9 Committee on the Rights of the Child reiterated Each year the Canadian Child Care Federation its recommendation with respect to plays a major role in promoting National Child dissemination following consideration of Day among childcare workers and other people Canada’s second report “in order to generate who work with and for children.10 Using their debate and awareness of the Convention and its own resources, many schools and implementation and monitoring within all levels municipalities commit to National Child Day of administration of the State party and the celebrations that engage children and youth. general public, including concerned non- governmental organizations.”14 A number of individual parliamentarians at the federal level have carried out child rights At the provincial level, initiatives vary across awareness-raising. During the 11 years that the country and are largely the result of the Landon Pearson was a member of the Senate efforts of provincial child advocates rather than of Canada (1994 to 2005), she became known those of governments. In Newfoundland and as ‘the Children’s Senator’ and used every Labrador, for example, the Convention is opportunity to talk about child rights. As a available at the Human Rights Commission, Member of Parliament, Mac Harb (who is a Public Legal Information Association of Senator at the time of writing) established Newfoundland and Labrador, and at the Office National Child Day and introduced a number of of the Child and Youth Advocate – including on

38 Child rights education, awareness-raising and training activities its website.15 Furthermore, the advocate’s office of Children and Family Development, carries out several child rights education and Sandra Griffin, to advocate for the Convention awareness-raising activities throughout the both within the ministry and with the public. province.16 In addition to media interviews and public presentations to advance public Despite these advances, further efforts to education, the office holds advocacy clinics improve child rights awareness are needed regularly throughout the province to provide throughout Canada. Cross-national surveys information about the Convention to youth- repeatedly reveal a lack of knowledge about serving agencies, meets with children and the Convention.24 A 2005 survey, for example, youth in care or custody, visits and makes found that a majority of Canadians presentations to schools, group homes and (61 per cent) believed that children’s rights are government and community service being fully realized in the country, but only providers.17 The office also organizes a 46 per cent of those surveyed were even aware successful annual calendar project, distributing of the Convention.25 rights information packages to schools across the province and inviting students to submit In another survey of some 800 British Columbians artwork on rights-based themes. This not only over the age of 18 from across the province, it reaches many students and informs them of was revealed that 52 per cent of the population their rights, but also provides them the knows very little or nothing at all about children’s opportunity to reflect and express their views rights; and 86 per cent “strongly or moderately on child rights.18 agreed that the public needs more information about child rights in BC.”26 This lack of The Ontario Child Advocate and the Nova Scotia awareness means that few individuals in society Office of the Ombudsman, Youth Services, have are able to appreciate the significance of child supported awareness-raising through efforts rights or of issues concerning children in such as delivering Save the Children Canada’s various contexts. One young person noted, ‘Right Way’ programme, as well as training “Parents need to be informed of children’s rights children and service providers about child as well, this will help kids rights to be respected rights.19 The Nova Scotia Office produces and met in daily life.”27 Children and youth know youth-friendly information materials, including that parents and other adults fear giving brochures, posters and plaques in three children too many rights. In response, children languages (English, French and Mi’kmaq), assert that one person’s right is not more which are visibly displayed in all youth important than another’s right.28 This fear was residential and custodial centres.20 The clearly evident in some reactions to the national Ombudsman Office has also worked with the election for the rights of children conducted in Children’s Rights Centre at Cape Breton 1999 by UNICEF Canada and Elections Canada. University to support rights awareness.21 The The election provided an excellent opportunity Commission des droits de la personne et des for those under 18 years old to vote for what droits de la jeunesse in Quebec has legislative they considered to be their most important authority to prepare and carry out information rights, and to also learn how real elections are and education programmes about child rights held. Yet, critics considered the exercise to be for the public, and particularly for children, “anti-parent” and vigorously opposed the vote under the Loi sur la protection de la jeunesse due to its implicit endorsement of the (Youth Protection Act).22 Convention.29 The sad irony is that the most popular right among those children who had In British Columbia, there is a deep and voted was the right to a family. long-standing commitment to the Convention, which will only grow under the new children’s A June 2007 consultation with young people representative. For example, the represent - identified involvement in the community as a ative has, with other partners, already means to enhance awareness of children’s supported several valuable focus groups in the issues.30 The children and youth had many province in 2007 to ascertain the most suggestions about disseminating information influential media campaign to support and enhancing rights awareness, including: behavioural or attitudinal change and go into schools; make information easily determine the best means for information accessible and child-friendly; get children delivery in order to advance public awareness involved in organizing events; involve young of child rights.23 Furthermore, a position has children; create pamphlets and posters; teach been created under the supervision of the human rights as a mandatory part of the school Assistant Deputy Minister responsible for curriculum; use television, new technology and Integrated Quality Assurance in the Ministry pop media; utilize art and media; include the

NOT THERE YET 39 business community in the effort; and make visits by teachers in 2002 and 2003 to the the Convention part of domestic law.31 Eighty- Children’s Rights Centre at Cape Breton seven per cent of people consulted in a 2006 University.43 The Rights Respect and survey in British Columbia confirmed that they Responsibility curriculum is an important were most influenced by television advertising example of child rights education that benefits or campaigns.32 students, teachers and the school at infant, primary and junior levels throughout the Education on the Convention Hampshire education authority. In 2007, the initiative was being expanded to include There is not enough child rights education in secondary schools.44 Canada’s schools. As one young person observed: “Children in other countries know Early findings concluded that child rights what their rights are.... Most kids here don’t education has numerous benefits, namely: know about the Convention.”33 Another added, children who learn about their rights outlined in “If you don’t know what they [child rights] are, the Convention “in a rights-consistent how do you know what you’re not getting?”34 classroom, show increased levels of self- Young people consulted in June 2007 indicated esteem, increased perceived peer and teacher that children should know about their rights at support, a more adult-like understanding of a much younger age, and that education about rights and responsibilities, more supportive the Convention is needed in elementary attitudes toward children of minority status, and school.35 The Committee on the Rights of the more rights-respecting behaviours.”45 Child recommended that the State Party ensure The Hampshire effort has also had positive that human rights education, including child effects on child engagement.46 A 2007 evaluation rights, is incorporated into school curricula in of the initiative found that when it has full accordance with article 29 of the Convention, support and incorporation, “there are and that teachers are appropriately trained.36 improvements in pupils’ social, behaviour and The same survey of people in British Columbia cognitive domains.”47 Consequently, it is no in 2006 (noted above), revealed that 67 per cent surprise that the initiative is being promoted by of the population agreed that the school advocates for New Zealand schools,48 and that curriculum would be the best avenue to there has been interest from Australia, Belfast, provide information about child rights to (Northern Ireland), Devonshire, (United Kingdom) 37 children and youth. Despite this kind of and from Amnesty International, UK.49 It is to be support, the Convention is only slowly finding hoped that the model will expand across its way into school curricula across the country. Canada as well. Nova Scotia has expressly incorporated child In Quebec, the Commission des droits de la rights education into schools. It did this in personne et des droits de la jeunesse, where 2003, for kindergarten up to grade 6, but only the province’s child advocate is situated, is as a requirement in the health and social deeply committed to the Convention. It has studies curriculum.38 A grade 8 children’s rights curriculum was developed in 1999 which, along been continuously involved in education, with a grade 12 curriculum to examine training and awareness-raising activities Canada’s child rights obligations internationally related to the Convention for many years in global citizenship classes, can be used through, among other initiatives, developing optionally by teachers in the province.39 Copies materials, conducting workshops and engaging of this curriculum have been widely distributed with children and youth. The substantial reform in both official languages. In 2007, Professors of public education that was launched in the Katherine Covell and Brian Howe at the province in 2000 has introduced a variety of Children’s Rights Centre at Cape Breton programmes related to the Convention at every University developed, with support from the level: preschool, primary and secondary. The federal government, a curriculum aimed at greater sensitivity to children’s rights in Quebec promoting rights through art for children in that has been shown by both the legal grades 3 to 12.40 All these curricula, available in challenge to the Youth Criminal Justice Act and both official languages, have achieved Un Québec Digne des Enfants (see Chapters 1 considerable success across the province.41 and 6, respectively) is surely partly as a result of the increased awareness of the Convention This model has also inspired an advanced child brought about by these educational efforts. rights education initiative in Hampshire County,42 with 200,000 students the largest Newfoundland and Labrador50 and school district in the United Kingdom of New Brunswick,51 in addition to other provinces, Great Britain and Northern Ireland, following have indicated that the Convention is referred

40 Child rights education, awareness-raising and training activities to in social studies curricula. Additional remain unaware of the Convention. Government programmes that advance rights in Canadian efforts to date have had limited impact. That a schools include researcher Ellen Murray’s work proportion of the government bureaucracy on a thematic primary-level curriculum for remains uninformed and not sufficiently children’s rights education that has been committed to child rights is evidenced by the implemented in Victoria, British Columbia and resistance of officials to invoke the Convention Calgary, Alberta.52 This effort supports students’ in their efforts or proposals.58 One of the reasons exploration of “themes, concepts, and issues may be that mid-level civil servants are moved relating to respect as well as children’s rights frequently and so continuity with respect to 53 and responsibilities.” A human rights and subject matter is broken.59 responsibilities module, which emphasizes holistic teaching and cooperative group Consistent, effective training within the learning, has been developed for grade 9 government is needed. Both the Canadian 54 students in Nunavut. Canadian Heritage has Centre for Management Development, which sponsored the development of materials, which trains the executive level of government, and it will provide to schools to support rights the National Judicial Institute, responsible for education at their request.55 The Canadian judicial training, could play a valuable role to International Development Agency (CIDA) has advance awareness of child rights.60 also supported the development of educational resources that focus on Canada’s obligations to Changes in teacher training and in the children around the world. orientation of education officials would also However, given the widespread lack of reflect a commitment to child rights education 61 awareness about child rights among Canadian in schools. A study of university teacher children and the public, the scale and reach of training courses in 2005 revealed that there these efforts is not sufficient to fulfil articles 29 were no courses – compulsory or elective – and 42 of the Convention. Also problematic is on child rights.62 Teacher training should not the general misunderstanding among many simply include attention to the content of child parents and educators that children already rights, but also a focus on democratic have too many rights, or that teaching young pedagogy to promote child participation people about their rights leads to less respect rights in the process of learning.63 The same for authority. Better training and education study found that some education officials could correct this misapprehension. were concerned about insufficient attention to children’s responsibilities or considered The Hampshire Initiative in the United Kingdom the Convention as not important due to the demonstrates that, in addition to curriculum existence of Canada’s Charter of Rights, content, rights-consistent schooling across the or both.64 entire education system is necessary to make an impact on children. Indeed, unless they live To address this lack of awareness, the in a rights-respecting environment, children Nova Scotia Office of the Ombudsman can learn about the Convention without partnered with community and private colleges understanding it.56 In order to change the that have as part of their curricula child and culture of the classroom, child rights must be youth care studies and police or correctional included as an integral part of teacher study programmes. Since these students will education so that both the content and the provide services to children in future, the office 57 pedagogy improve. It is clear that a more gives annual presentations to raise awareness comprehensive strategy is required to reach and understanding of its role and to support out to all professionals engaged in education the role of the independent accountability systems across the country, including teachers, mechanism.65 At Mount Royal College in principals, educational administrators and Calgary, Alberta, researcher Ellen Murray is bureaucrats, school board trustees and ministers of education. implementing a child and youth human rights certificate programme for the Continuing Training Education Department aimed specifically at professionals who are already working with Training is needed for those who work with children.66 The faculty of medicine at the children or whose work influences them. The University of Victoria, British Columbia, is division between domestic and international law developing a child rights programme based on means that parliamentarians, policymakers and the Convention, to be included in the education professionals working with children often of all health professionals in the province.67

NOT THERE YET 41 Civil society efforts posters, guides, videos and other resources available on its website, in addition to There are many actors within civil society who presentation tools. It supports partnerships for are making efforts to support child rights curriculum development and teacher training, awareness, education and training. However, and engages with numerous educational two national surveys to ascertain awareness of institutions and thousands of Canadian 74 the Convention, undertaken by the Canadian teachers. For example, a February 2007 Coalition for the Rights of Children (CCRC) and workshop advanced education on the Save the Children Canada, revealed uneven Convention by addressing problems of levels of understanding.68 In response, a educational jurisdictions and resistance. The number of non-governmental organizations workshop was designed to encourage (NGOs) have carried out Convention awareness cooperation with administrators, teachers and and education efforts. parents to consider pedagogical considerations and to support sustainability.75 UNICEF Canada In the past, Save the Children Canada made a also created a youth engagement programme major contribution to rights awareness in the in 2006−2007 through a Junior 8 Summit for country by training children and service youth contact with G8 leaders, and through the providers through its Right Way programme. establishment of six additional UNICEF Clubs 76 The programme was implemented across the at universities throughout Canada. The United country including in British Columbia, Nations Association in Canada developed Nova Scotia and Ontario. It was based on lesson plans for teachers and students entitled What Kind of World..., to help them learn about research done by the Office of the Ontario Child the United Nations and consider global issues Advocate that found children in care had from a Canadian perspective.77 limited knowledge of their rights and how they work, and how to advocate for themselves.69 International development organizations in The programme model and materials have Canada, including World Vision and Plan, also inspired further work, including the have awareness-raising programmes for a community-based Rights 2 Success project in range of professionals, and for children British Columbia that advances the rights of themselves, both in-country and overseas.78 children and youth as stipulated in both the CCRC is developing documentation to Convention and the BC Child and Family popularize the Concluding Observations of Community Services Act. The project has the Committee on the Rights of the Child as conducted several youth-facilitated workshops part of preparations for Canada’s third report for youth in care and at risk, as well as for to the Committee.79 adults in the province.70 Following a successful evaluation in autumn 2006, it was envisaged Professional organizations are also involved that the project would likely be expanded.71 The and are supportive. The Canadian Paediatric elimination of Save the Children’s domestic Society (CPS) promotes child rights training programming, however, has brought its through didactic lectures and experiential valuable efforts to an end. It retains on its learning.80 From the organization’s point of website a teacher’s guide developed by Save view, “if paediatricians can find the time, there the Children UK to support the introduction of is no excuse from any other profession not to child rights into the classroom.72 do so.” Law schools, teachers and social workers can and should do more to advance Non-governmental organizations associated child rights understanding and approaches.81 with the United Nations are particularly important in the effort to advance child rights Individual children are also raising awareness awareness and training. UNICEF Canada has through a variety of efforts. Aboriginal children been steadily working with school boards and and youth are addressing educational needs; in educators across the country to include child the Arctic, for example, Inuit youth are creating rights education and pedagogy through educational and counselling programmes curriculum resource development, teacher in- within their communities to support youth to service education and youth engagement develop their cultural identity and overcome activities. It has developed and disseminated depression,82 efforts that are consistent with Convention curriculum resources to educators articles 29(1) and 30 of the Convention. and provided in-service education for teachers However, children’s efforts are not always across the country for more than 15 years.73 accepted by adults. In Nova Scotia, the ‘Sex More recently, with support from CIDA, it has Book’, written by and for students, had much substantially expanded its resources, making difficulty finding distribution across the

42 Child rights education, awareness-raising and training activities province due to adult resistance. Nevertheless, arguing that the federal government should take some public officials stood by the results of the the lead with respect to education on children’s exercise and showed respect by supporting international rights. In addition, it suggests that access to the book.83 Other notable efforts to the government educate members of support child and youth rights training for Parliament, the judiciary and lawyers about the engagement include the development of a Convention, and provide training for politicians manual by the International Institute for Child in the provinces and territories.88 Rights and Development at the University of Victoria, British Columbia. Created in 2006, the manual includes youth-friendly tools to support Conclusion youth participation in municipal governance, including tools that help ascertain youth The Committee on the Rights of the Child has understanding of the situation in the consistently highlighted its concern about the communities and develop action plans.84 limited efforts of the Government of Canada to support education and awareness about child The commitment of civil society organizations rights. In 1995, it recommended that a concerned with children to the Convention is nationwide education campaign be undertaken positive news for its long-term implementation. to inform everyone, including children, through However, many funders still see the Convention use of school curricula, and that training as irrelevant and unimportant. In their calls for programmes integrating the Convention be proposals, governments and foundations rarely established for professional groups concerned ask for implementation of the Convention by with children.89 The Senate Standing civil society.85 Civil society is seriously hampered Committee on Human Rights, recognizing the in its promotional role by inadequate resources lack of awareness of the Convention in (also see discussion in Chapter 2). Recognizing Parliament and society, including among this, the Canadian Foundation for Children, Youth children, recommended a well-resourced and the Law recommends ongoing core funding communications strategy including from the Government of Canada to support the incorporation of the Convention into school work of CCRC, which is the only coalition that curricula.90 The Senate Committee itself did a monitors the Convention and educates its great deal to raise awareness through its many membership and the public about it.86 Indeed, televised hearings, each of which was according to the organization’s president, the broadcast several times on the parliamentary primary challenge for CCRC is capacity-building television channel. The Committee has also in order to accomplish its mandate.87 The promised to return to the issue on a regular Canadian Foundation for Children, Youth and the basis. This, together with all the other activities Law also recommends education and described in this chapter, is noteworthy. awareness-raising about the Convention, However, much more effort is needed.

NOT THERE YET 43 44 INDEPENDENT HUMAN RIGHTS 6 INSTITUTIONS FOR CHILDREN

“There needs to be a way for young institution independent from government is people to know their rights, to know what essential to provide a distinct perspective on to do, and to know what process is in place issues related to children. to help if your rights are not being met.” – Young person consulted in June 20071 In reality, children are not always a priority for governments, especially if the electorate wants “Young people need to know their rights other issues addressed. Without the vote, it is but more than that they need someone to difficult for children to make themselves heard. tell and that person has to be willing to As a result, children are not considered a do something.”2 priority in policy development and analysis; – Young person consulted in June 2007 any assessment of how government policy might impact on children happens more by chance than by design. For these and other Introduction reasons, the absence of an independent institution for children’s rights at the national Although national institutions have been shown level remains a serious obstacle to implemen - to be vital to the promotion and advancement tation of the Convention on the Rights of the of human rights, there is no independent Child7 in Canada. Fortunately, 9 out of 10 federal human rights institution for children in provinces have child and youth advocates, Canada. The United Nations General Assembly although their mandates vary and they cannot for example, is “convinced of the significant intervene on children’s issues that come under role that institutions at the national level can federal jurisdiction, such as those related to play in promoting and protecting human rights Aboriginal children or to immigration. The fact and fundamental freedoms and in developing that neither Prince Edward Island nor the three and enhancing public awareness of those Northern territories have child advocates is in rights and freedoms.”3 itself a strong argument for a federal-level child rights institution. Since the United Nations General Assembly adopted the Principles relating to the Status of National Institutions (‘The Paris Principles’)4 in Federal level December 1993 to encourage States to establish or strengthen national human rights “Protection and championing of child and institutions according to certain criteria, the youth rights has not yet garnered the number of human rights institutions focused on attention that it deserves.... We have no child rights has multiplied.5 The Committee on national office in Canada with the specific the Rights of the Child regularly recommends, remit of ensuring that the United Nations to those countries that do not yet have them, Convention on the Rights of the Child is effective independent institutions at the adhered to. The idea of an independent national level, to monitor, promote and protect national office focusing on children and the specific rights of children (as distinct from youth is neither radical nor new.” adults).6 The Committee recognizes that an – Dr. Noni E. MacDonald8

45 The Canadian Human Rights Commission has federal institution to speak on behalf of limited capacity to pay attention to the protection children, with a specific senior officer assigned and promotion of child rights in Canada because to issues related to Aboriginal children, is its mandate is restricted to the Canadian Human clearly needed.15 It follows that any such officer Rights Act and the Employment Equity Act. The and his or her work mandate, would have to be former legislation is concerned with allegations culturally based.16 of discrimination in employment, and the latter relates to federally regulated employers who In its Concluding Observations after the must provide equal opportunities to four discussion of Canada’s second report on the designated groups of employees (women, Convention in 2003, the Committee on the persons with disabilities, Aboriginal peoples Rights of the Child noted the absence of such and members of visible minorities).9 institutional mechanisms for children. The Committee recommended the establishment of Nevertheless, the First Nations Child and a federal-level ombudsman responsible for Family Caring Society is pursuing a case with child rights, with appropriate funding allocated the Commission about the inequitable federal in accordance with ’The Paris Principles’.17 This funding for child welfare services on reserves was the Committee’s second Concluding and other policy mechanisms that result in the Observation on the matter; the Committee’s unequal benefit for First Nations children under Concluding Observations in 1995 had Canadian law. (See discussion of ‘Jordan’s expressed similar concerns.18 Principle’ in Chapter 2.) This complaint is being pursued under the broad umbrella of Canada’s To many researchers, the issue is critical. responsibilities pursuant to the Charter of “No one is charged with ensuring that our Rights and Freedoms rather than under the federal government legislation, regulations and Indian Act, which is not covered by the programmes are viewed through the lens of Commission’s mandate.10 This case, which has child and youth needs, and that negative and been pursued using multiple strategies, has positive impacts are considered before enactment,” says Dr. Noni MacDonald.19 She inspired three international indigenous groups goes on to offer numerous examples of as well as local groups to challenge activities or measures that lack a child focus. governments about similar situations.11 The She notes that the national influenza pandemic Convention on the Rights of the Child is being plan does not directly address the potential referenced at every step.12 needs of older youth (18 to 24 years of age), although this group was hardest hit in the 1918 This case is particularly important because the pandemic. She further states that no one holds Government of Canada has acknowledged that the federal government accountable for current federal funding is inadequate and is funding and programming reductions that contributing to record numbers of First Nations adversely affect children and youth.20 In this Children in the care of child welfare services. context, one of the primary recommendations Research has indicated that Jordan’s experience, of the Senate Standing Committee on Human as discussed earlier in this study, is not an Rights is: “Parliament [should] enact legislation isolated one where a child falls victim to to establish an independent Children’s jurisdictional disputes between and among Commissioner to monitor implementation of federal and provincial governments. From 2004 the Convention on the Rights of the Child, and to 2005, 393 children experienced jurisdictional protection of children’s rights in Canada. The disputes in a sample of 12 of the more than Children’s Commissioner should report 100 First Nations Child and Family Service annually to Parliament.”21 Agencies across the country, resulting in denial or delay of services available to other Canadian The Canadian Council of Provincial Child and children.13 First Nations children receive Youth Advocates stresses the “urgent need to unequal advocacy services on reserve, as the create a national body, such as a Commissioner, federal government has no process for them Ombudsman, or Advocate for Canada’s that parallels those available to children under children who would be responsible to promote provincial jurisdiction. The only recourse is to and protect the rights of Canadian children.” It go to the courts to challenge the government, must be an independent office, reporting to which is problematic due to limited legal Parliament, with legislative authority to resources available for children and youth.14 monitor Canada’s NPA for children and Consequently, the ‘Jordan’s Principle’ case, implementation of the Convention.22 It should pursued at the Canadian Human Rights increase awareness of the Convention, and Commission, offers a new avenue for recourse. could enforce national standards and usefully In addition to other efforts, an independent consider federal−provincial matters concerning

46 Independent human rights institutions for children children.23 There is no provincial legal the authority to refer to the courts regarding obligation to implement the Convention and ongoing problems and to produce independent the lack of enforcement weakens service reports for the Committee on the Rights of the provision to children.24 The Council feels that it Child.32 The Canadian Foundation for Children, is doing a lot of work at the national level by Youth and the Law recommended the default. Because of the absence of a federal appointment of a permanent actor to ensure commissioner, it has taken on a certain amount children’s rights are protected in all government of responsibility for national issues although it efforts. This officer should continually monitor lacks the authority, resources and time to have Convention successes and failures as well as a significant impact.25 advocate in specific cases, and report annually The Canadian Coalition for the Rights of to the House of Commons.33 Children (CCRC) also strongly advocates for a federal children’s commissioner. The president World Vision supported the Senate Committee’s notes that, in the past two years, the federal call in its interim report entitled ‘Who’s in government has established one ombudsman Charge Here?’ for the enactment of legislation for veterans and another for taxpayers, which to establish an independent institution for is an indication that such offices are obviously children.34 It noted that a federal independent within their range of acceptance.26 Yet the actor “is imperative to coordinate and establish creation of a commissioner for children standards for effective independent offices for continues to lack adequate support. The children across the provinces and territories, question has been posed: If Canada can afford and to address systemic issues arising at a and support the former two positions, why national level.”35 This body would be required shouldn’t there be one for members of a to address child rights violations within areas vulnerable population that is unrepresented of federal responsibility and outside of the 27 and more numerous than veterans? The jurisdiction of provincial and territorial Coalition also notes that the Senate Standing governments, including criminal justice, Committee on Human Rights does not identify immigration and refugee issues, Aboriginal a complaints mechanism as part of its children, and disputes about parental recommendation for a federal children’s responsibilities related to divorce.36 To commissioner.28 Such a mechanism is gaining increasing support among non-governmental complement and strengthen the Senate advocates and academics.29 The president of Committee’s recommendation, the organization the CCRC argues that the only valid objection stressed the importance of a legislation-based to the proposal is concern about the potential guarantee; independence; dedication to volume of cases. This is a concern that could be Aboriginal affairs; child participation; addressed through limiting the scope of the monitoring responsibility; investigation of complaints accepted for consideration to the systemic issues; awareness-raising; liaison role most egregious cases of rights violations, with the provincial advocates; pluralistic which would serve as examples to advance representation; accessibility and confidentiality; compliance.30 If and when the proposal gains complaint resolution; right of refusal and greater prominence in the political discourse, referral mechanism; and report to Parliament attention will need to be directed to the and the Committee on the Rights of the Child.37 development of the most effective mandate. Young people consulted in June 2007 stressed In fact, for some time there has been the need for a children’s commissioner to widespread support in civil society for a provide adequate support to children and children’s commissioner at the federal level. youth.38 Their ideas for the role of the When Senator Landon Pearson and Member of commissioner included: to provide follow-up Parliament Karen Kraft Sloan first circulated a on the Concluding Observations from the model in 200131 (there were two subsequent Committee on the Rights of the Child before iterations), they solicited and received support from a broad range of NGOs and individuals. Canada’s next report is due to serve as the Several of these supporters spoke to the contact point for youth to government; and to Senate Standing Committee on Human Rights. link youth to their members of Parliament.39 In The International Bureau of Children’s Rights addition, they recommended a youth argued that the children’s commissioner should ombudsman in every city who would be be an independent and effective institution available to young people if they feel their with the power to hear individual complaints rights are being violated. As one young person and undertake systematic inquests; and with remarked, “Somebody has to believe you.”40

NOT THERE YET 47 Provincial level The New Brunswick Legislature passed the New Brunswick Child and Youth Advocate Act, As noted at the start of this chapter, human 2004, in order to monitor government services rights commissions exist in the provinces but to children in the province.48 The Act was they have demonstrated limited relevance to implemented with the appointment of the child children.41 Instead, nine provinces have child advocate in November 2006 and significant and youth advocates who are able to make a amendments were made in the spring of 200749 positive impact on the rights of children within (also see Chapter 1). The New Brunswick Child their jurisdictions. Prince Edward Island and Advocate notes the challenge “in balancing our the three territories (Northwest Territories, Child and Youth Advocate caseload and other Nunavut and Yukon Territory) with their very mandates along with these public advocacy small populations, have not yet been able to and oversight functions.”50 According to the free up the necessary resources, even when advocate, most complaints come from parents, they see the need. Other than Alberta, all of the rather than children, and it has been difficult to advocates are independent, although reach children directly. However, an officer was improvements can be made to several of their appointed in May 2007 to meet on a biweekly mandates to address their effectiveness and basis with individual youth in drug addiction the scope of their work. treatment facilities and in youth criminal justice and other secure custody arrangements.51 In 2003, the Committee on the Rights of the Child expressed its concern that the provincial The visibility and impact of Nova Scotia’s Office advocates are not all “adequately empowered of the Ombudsman, Youth Services is to exercise their tasks as fully independent impressive. Established 10 years ago,52 it has a national human rights institutions in proactive outreach process for children and accordance with the Principles relating to the youth in care and custody and is “instrumental status of national institutions for the promotion in effective systematic changes.”53 According to and protection of human rights (‘The Paris the office, it is likely that close to 100 per cent 42 Principles’).” The Committee also of children in custody or care are aware of the recommended establishing offices in the role and mandate of the Office.54 The office provinces that do not yet have the position in provides an “independent, objective, review place and the territories where a high mechanism” for concerned citizens, including 43 proportion of vulnerable children live. youth in care and custody, of municipal and provincial public services.55 In addition, the Since the Committee on the Rights of the Child office tracks a wide range of complaints based made that observation, there have been some on the Convention.56 According to the improvements. Almost all the provincial child advocates are now independent. British supervisor of youth services, “it is a priority to Columbia has created an independent ensure all complaints are resolved within that Representative for Children and Youth as an time frame [of the youths’ release dates from officer of the legislature, and the Act care or custody] so that follow-up with the 57 established (also see discussion in Chapter 1). youth is possible.” Facility staff understand The Ontario legislature adopted new legislation the “importance of an independent for the Provincial Advocate for Children and accountability mechanism for their own Youth, which came into force on 15 August protection as well as that of the youth and 2007, to provide an independent advocate for therefore the Ombudsman’s Office enjoys a children and youth, including First Nations high degree of deference and respect.”58 children and those with special needs; to facilitate communication; and to educate In addition to meeting with all new admissions others about child rights.44 Previously, the to provide information about the Office, and advocate’s office had been part of a being accessible to youth through a toll-free government ministry. Moreover, in accordance telephone number, the Office of the with s.15 (f) of the Act, the Advocate can Ombudsman also has direct and regular provide any other advocacy that is permitted contact with children through: monthly visits to under the regulations or any other Act.45 Both youth-custody facilities; biweekly visits in the Convention and ‘The Paris Principles’ secure care; visits undertaken four times each influenced the Act and all the principles are fiscal year in residential care facilities; and present.46 The Advocate reports to the visits made quarterly in the temporary holding legislature; it can also go to the public in order facility.59 During 2007, the Office worked with to secure a government response to an the Department of Justice to develop and unresolved issue when it becomes apparent that implement a pilot youth evaluation interview only public pressure will bring about change.47 tool, consistent with article 12 of the

48 Independent human rights institutions for children Convention.60 The Office concluded that the In Quebec, the Commission des droits de la initiative was valuable for understanding youth personne et des droits de la jeunesse has experiences of care or custody, and significant legislative authority to promote and protect because experiential youth supported the child rights, including through investigations, development of questions.61 education and awareness-raising in the general public, particularly in children; to make When examining individual or systemic recommendations to the provincial Ministers of matters, the independent Children’s Advocate Health and Social Services, of Education, of in Manitoba always first considers whether Recreation and Sports, and of Justice; and to rights have been violated.62 Through its various conduct research and studies.71 It also has recent reports about child welfare service unique legislative authority to order change. provision, the Office has influenced a number The Youth Protection Act allows the of social services.63 However, its mandate only Commission to consider and use legal means covers advocacy related to child welfare to remedy any situation violating child rights, services. It can make recommendations in its including referring an issue to youth court reports, but lacks the legislative authority to when its recommendation has not been ensure adherence. The Office is in the process complied with within a reasonable time of developing its own separate legislative frame.72 According to a former provincial mandate outside of the Child and Family advocate, this authority is not used very often Services Act, and it is hoped that the mandate since the Commission is well respected by will expand to advocacy for youth in areas of government and most of its recommendations justice, education and health.64 Such a separate are followed; however, it is occasionally used 73 legislative mandate exists for Saskatchewan’s to very helpful ends. independent Children’s Advocate, which was Although the other provincial advocates lack established in 1994.65 this authority, if they are independent and the Opened in November 2002, the Office of the government does not follow their recommen - dations, they can exert the weight of their Child and Youth Advocate of Newfoundland legislative authority to raise the issue with the and Labrador is mandated to ensure that Premier or legislature or, as a last resort, go to children and youth have access to services, and the public with their concerns to obtain that their complaints about service provision results.74 However, the absence of subpoena are considered.66 It has had a significant impact powers for the Advocate’s Office in on child rights in the province as evidenced by: Newfoundland and Labrador means that it frequent requests to provide recommendations often has difficulty obtaining information in a about child rights; government consideration of timely fashion as the service provider may its recommendations in the annual report; and choose to ignore or refuse the Office’s request confirmation by caregivers and young people to participate in a discussion, interview or that the advocate’s involvement has improved service review.75 This absence of authority is 67 service provision. As most referrals to the particularly problematic in relation to conducting Office are made on behalf of children, the staff reviews and investigations, which are part of the always attempt to connect with the children to mandate but are not feasible without the power; hear their voices and obtain their consent to the Department of Justice is currently reviewing the Office’s involvement. Direct work with the request for this authority.76 children is also facilitated through convening youth focus groups, conducting advocacy Depending upon their resources, child advocates clinics with young people, and maintaining are effective in connecting with children and contact with youth service providers.68 supporting their right to participate. For example, the Office of the Saskatchewan Child Advocate Alberta’s Child and Youth Advocate is not supports the child’s right to express him or independent, but has the task of advising the herself in relation to all new policies, Minister of Children’s Services on matters programmes and legislation to serve them, within the ministry’s mandate, and reporting to guided by the expression ‘Say Nothing About the minister every three months about Me Without Me’.77 The Office works with various activities and observations.69 The Office youth networks, including the Provincial Youth provides advocacy for individuals under Delegation, the Saskatchewan Youth in Care and 18 years of age who receive services under the Custody Network and the National Youth in Care Child, Youth and Family Enhancement Act or Network. There are two young people on staff the Protection of Children Involved in who are accessible and who regularly challenge Prostitution Act.70 the office with respect to consultation.78

NOT THERE YET 49 Provincial advocates have continuously called Municipal level for a federal commissioner due to the existing 79 gap at that level of government. For instance, It might seem obvious that an ombudsman for the Saskatchewan Children’s Advocate urges children at municipal level would be desirable, the appointment of a commissioner or an because city or town organization and advocate, arguing: municipal by-laws can have a major impact on children’s lives. Indeed, a number of countries “Until there is a Federal Commissioner or around the world do maintain independent Advocate for children First Nations and Métis children will continue to be denied offices for children at the city level. To the the same level of service, as those authors’ knowledge, however, only one city in children who live off reserve or are Canada − Vancouver − has ever had such an provided services under provincial office, and that was abolished by the city council jurisdiction. The provision of subsistence in 2006.84 Canada’s Constitution mandates that and differential services is not acceptable; cities fall under the jurisdiction of the provinces, all Canadian children have a right to the a relationship that becomes increasingly uneasy same level of service, regardless of racial as cities grow. This, along with other factors, or cultural origin – or where they live.”80 militates against the creation of independent human rights institutions for children at the The Government of Canada has a responsibility municipal level. Youth advisory groups will to all children in Canada, even though some therefore have to fill the gap. child rights issues fall within provincial jurisdiction. In particular, the government has a fiduciary relationship to the Office of the Conclusion Saskatchewan Children’s Advocate; and yet there is no independent advocate to advance and The federal government acknowledged the protect the rights of these children.81 In work of the Senate Standing Committee on Manitoba, the Child Advocate argues that a Human Rights in its report to UNICEF for the mechanism is needed for the implementation of five-year review of the UN General Assembly the Convention on the Rights of the Child, because the federal government has shown “no Special Session on Children, and noted that it solid commitment or action” since ratification; “provided a forum for open dialogue and and that a commissioner would be a unified continuing discussion on children’s rights in 85 voice for provincial advocates who lack federal Canada.” However, the government of the day jurisdiction, particularly in Saskatchewan and did not address the issue of a children’s Manitoba where so many First Nations children commissioner in its November 2007 response are in care.82 According to the Newfoundland to the Senate Report, ‘Children: The silenced and Labrador Child Advocate’s Office, an citizens’.86 In light of the call of the Convention, independent federal commissioner is necessary the many positive examples of national human for two important reasons: the provinces lack rights institutions for children globally, and the jurisdiction to access information and effectively success of Canada’s provincial commissioners intervene in federal matters; and the federal and advocates, the establishment of federal influence in terms of legislation and policy upon human rights institutions for children is clearly children’s rights nationwide is significant.83 a matter of the utmost priority.

50 Independent human rights institutions for children COORDINATION EFFORTS AND MECHANISMS FOR 7 CHILD RIGHTS

Coordination should involve several actors who “transferred immediately from the Department are promoting the rights of children. It entails of Canadian Heritage to the Department of communication and information-sharing, and Justice”5 in order to make it clear that the may – and should – also involve people who protection and promotion of children’s human provide different perspectives on the issue and rights is an issue of fundamental justice. areas of expertise. This produces better results and avoids duplication of effort. Effective At the highest level of the federal bureaucracy, a coordination requires consistent efforts. This committee of deputy ministers from various chapter discusses several examples of departments meets twice a year to provide coordination in Canada at all levels, and reflects guidance on general issues related to human on their successes and the challenges they face rights. In September 2007, it met to consider the regarding the promotion of child rights. government’s response to the report of the Senate Standing Committee on Human Rights. At the working level of government, an interdepartmental committee meets regularly on National-level coordination issues related to children. It is made up of officials who are knowledgeable, committed and At the federal level of government, there are responsive. Also at the federal level, there is an several coordination mechanisms related to intersectoral committee on the commercial children’s issues. The Continuing Committee of sexual exploitation of children; its members Officials on Human Rights carries out include parliamentarians and officials as well as federal−provincial−territorial coordination with participants from civil society. Its quarterly respect to processes related to Canada’s meetings have sparked and improved reporting obligations under the Convention on governmental and non-governmental measures 1 the Rights of the Child. However, various against sexual exploitation.6 witnesses to the Senate Standing Committee on Human Rights have expressed frustration A different example of political coordination at and concern with respect to the work of the the national level is the Health Council of Continuing Committee.2 Two issues stand out: Canada, an independent agency composed of the complexity of the processes of reporting to Ministers of Health of all the jurisdictions in the the Committee on the Rights of the Child and country (except Alberta and Quebec). In 2004, following up on its Concluding Observations; it developed a 10-year plan to strengthen and the fact that the Continuing Committee health care. The plan included nine national acts somewhat in isolation, with minimal health goals for Canada, the first of which is to political, parliamentary or public engagement.3 have “children reach their full potential, The Senate Standing Committee on Human growing up happy, healthy, confident and Rights has recommended ensuring more secure.”7 The Health Council is an example of coordinated and comprehensive reporting and best practices of coordination and agreements follow-up efforts.4 In 2007, it also recommended outside the federal government, demonstrating that responsibility for the Continuing how to reinforce existing mechanisms to Committee of Officials on Human Rights be enhance effectiveness on specific issues.

51 By their structure and composition, multi- absence of government funding.14 The disciplinary networks, including government Canadian Child Care Federation also has officials, experts, and, in this case, municipal provincial membership but is heavily reliant on actors, provide flexibility. federal funding. As a result of funding cuts, the Federation can no longer play as strong a role Also at the national level, the Mental Health as it once did in promoting children’s rights in Commission of Canada, established in 20078 early childhood. with one third of its members from government (both federal and provincial) and two thirds from Another national organization, the First Nations civil society, may prove to be a promising Child and Family Caring Society, has a protocol approach to coordination challenges posed by agreement with the national First Nations different jurisdictions in a federal state.9 political organization, the Assembly of First Children’s mental health is a priority, as there is Nations, to work with First Nations child and an advisory committee on children and youth to family service agencies across Canada. It has support the Commission’s key initiatives for made a particular effort to establish young people. This is not a new model; the coordination to benefit Aboriginal children. similarly constructed Canadian Commission for Through a significant ongoing project, entitled the International Year of the Child was effective Caring across Boundaries, the society has in bringing together federal and provincial created ‘Touchstones of Hope’,15 guidelines that representatives with members of civil society to identify key values for reconciliation in child address countrywide issues related to children. welfare. Effective coordination should not only At that time, it took the almost unprecedented determine who should be present, but also step of actually consulting with children about require people to offer something to the their experiences. process.16 It is believed that through the coordination experience, simply designed yet Other examples of coordination at the federal deep principles can become entrenched in level involving a number of actors, including people to the extent that every person feels academics and young people, are the four obligated to act in accordance with, and be Centres of Excellence for Children’s Well-Being judged by, these principles.17 funded by the Public Health Agency of Canada,10 as well as PREVNet, Canada’s It is clear that a healthy national voluntary sector, strategy to stop bullying, promote positive which is able to reach across jurisdictional lines, relationships and eliminate violence against all is critical to the implementation and monitoring children and youth.11 PREVNet is one of the of the Convention on the Rights of the Child in networks of Centres of Excellence funded by Canada. However, despite its importance, this three federal research granting agencies and sector is both “significantly underfunded and Industry Canada.12 It is based on partnerships seldom acting as a cohesive body towards the between and among Canada’s leading same goals,” impeding coordination efforts for researchers and national organizations, effective monitoring.18 The Senate Standing governments and communities. Committee on Human Rights has underlined the need for better coordination, capacity A number of national non-governmental and funding.19 organizations (NGOs), including the Canadian Council of Provincial Child and Youth Advocates, the Canadian Coalition for the Rights of Children, and the National Alliance for Provincial and local efforts Children and Youth and several professional Provincial governments recognize that they bodies, such as the Canadian Paediatric have considerable responsibilities towards Society, the Child Welfare League of Canada, children, and thus employ various coordination the First Nations Child and Family Caring mechanisms to promote their efforts. One of Society and the Canadian Child Care the most significant efforts can be found in Federation, play coordinating roles across the Manitoba where, in 2000, the government country. However, they are all challenged by a established the Healthy Child Committee of dearth of funding. The Child Welfare League of Cabinet.20 The Committee, which is unique in Canada has access to the provinces and Canada, “develops and leads child-centered territories through its comprehensive public policy across government and ensures membership, and has organized two interdepartmental cooperation and international forums.13 The League provides an coordination with respect to programs and example of how civil society can assume the services.”21 The government of Manitoba has responsibility for coordination even in the only a few cabinet committees, so the

52 Coordination efforts and mechanisms for child rights existence of this Committee, which meets coordinator to conduct promotion and outreach bimonthly, demonstrates a strong with community partners, and has joined commitment.22 Although focused on child various networks, including the Child Welfare development, the Committee provides valuable League of Canada.33 The advocate favours the political leadership in bringing ministers establishment of a Ministry for Children and together to address children’s issues. It is a Youth to coordinate services to children, which model that could be implemented in other officials acknowledge is a problem in need of contexts. Under the auspices of the Healthy redress. A centralized agency to approve and Child Manitoba Department, officials work with manage spending and hear appeals on service the community to focus on “child-centered denials could report through this department, public policy through the integration of financial and ensure a consistent focus on service and community-based family supports.”23 integration to meet the needs of children.34

In Newfoundland and Labrador, useful In Quebec, the Conseil de la famille et de coordination is provided by a Youth Advisory l’enfance, which falls under the Ministry of the Committee, made up of 15- to 29-year-old Family and Seniors, plays an important role in representatives. The committee offers advice the development of public policy and and recommendations to ministers and programmes related to children and families, government departments on youth policies and reports on its progress each year.35 There and programmes, and produces an annual also exists, since 1987, a permanent youth report to which the government responds.24 council (Conseil permanent de la jeunesse), The Committee, comprising 13 youth elected which consults regularly with youth and youth- from across the province, has been in serving organizations to inform government existence since 1996.25 The Office of the Child policy.36 However, there is no minister Advocate in Newfoundland and Labrador is specifically responsible for children in Quebec.37 also responsible for coordinating the protection and promotion of child rights.26 Ontario has a minister responsible for children and families, as do most other provinces. On the other side of the country, the Ministry British Columbia has a standing committee of of Children and Family Development in the legislature on children and youth, which British Columbia launched a Youth Advisory encourages coordination among political Council in February 2007, comprising 30 young actors.38 In addition, British Columbia has a people aged 16 to 24 from across the province, number of long-standing civil society who lend their knowledge, skills and experiences organizations that facilitate coordination on to inform the ministry and make recommend - children’s issues, such as the Society for 27 ations for policy and programming. Children and Youth of BC, First Call: BC Child and Youth Advocacy Coalition39 and the Caring Various provincial departments of Nova Scotia for First Nations Children Society. In Ontario, coordinate ‘in partnership’ service delivery to organizations such as Voices for Children, the children and youth.28 The province has Association for Native Child and Family established a Child and Youth Action Service Agencies and the Sparrow Lake Committee (CAYAC), which is made up of Alliance, among others, have performed this senior officials from these departments, and role.40 Another example of collaboration for reports to the deputy ministers.29 Nova Scotia also hears the youth perspective on child children’s rights in Ontario is the recently welfare by funding The Voice, a newspaper formed North-South Partnership for Children. written and produced by youth in care.30 While This is a partnership between civil society in maintaining its independence, the Nova Scotia southern Ontario and the remote reserves in Office of the Ombudsman, Youth Services, northern Ontario, where many Aboriginal 41 collaborates with various actors in the children need support. province, including municipal and provincial A growing number of significant efforts are government departments and agencies, private being made at the municipal level to promote and community colleges and non- governmental organizations (NGOs), in order coordination among children, youth and other to inform others about its role and work, and actors. Four UNICEF child-friendly cities educate them about child rights.31 sponsor this coordination: Calgary, Edmonton, Sudbury and West Vancouver. Ottawa is well on Soon after its inception in 2007, the Office of the its way to becoming child friendly, having New Brunswick Child Advocate collaborated with established a youth commission in 2006 with the Public Legal Education and Information the help of Child and Youth Friendly Ottawa.42 Service to develop a brochure to inform the Toronto has had a youth Cabinet for 10 years public about its work.32 The Office has a and several other cities, including Gatineau,

NOT THERE YET 53 have experimented with this model. However, A number of mechanisms are already in place. given the temporary nature of childhood and In addition to the federal−provincial−territorial other factors, a ‘best practice’ model is hard to Continuing Committee on Human Rights achieve. A promising recent project involves described above, there are many other groups five municipalities across the country: of officials working across jurisdictions in areas YouthScape: Community Based Youth Paced is such as health, social services and justice, all of focused on building resilient communities by which impact on children. There are also empowering youth.43 This project features both regular meetings of relevant ministers and developmental and results-based evaluation, deputy ministers. The Canadian Foundation for and is only one example of an emerging trend Children, Youth and the Law argued before the towards comprehensive community Senate Committee that the Government of development focused on children and youth. Canada has a responsibility to “find ways to Much of this trend is community-initiated, but engage the provinces and territories in some initiatives have been government- meaningful co-operation to ensure adherence 49 sponsored, such as the Understanding the to our international treaty obligations” in Early Years (UEY) initiative where “parents, order to ensure that all children in Canada have community organizations, educators and other equal rights. One of the ways that the absence of coordination among various jurisdictions concerned community members learn the has played out is in the wide variations to be value of working together and of community found in such areas as child welfare, which is a research” as well as acquire the capability to provincial responsibility, and where related make evidence-based decisions.44 legislation, policy, spending and service delivery are different in every jurisdiction.50

Challenges to coordination The gathering of national statistics is deeply In spite of all the positive examples listed affected by this situation, as each province has a above, there are a number of significant different way of collecting data on the numbers challenges to bringing coordination around of children in child welfare care. The result is a children’s rights to the scale that would enable lack of reliable national data on the numbers or Canada to declare successful implementation experiences of children in state care. The of the Convention. Canadian Outcome Project has been mobilized by researcher Nico Trocme and others for the In 1995, the Committee on the Rights of the past 10 years to improve national child welfare Child noted in its response to Canada’s first data collection, but only modest progress has report on implementation of the Convention been made to date.51 Moreover, provinces do that “Disparities between provincial or not agree on the upper age limit for children’s territorial legislation and practices which affect receipt of child welfare services. In addition, the implementation of the Convention are a according to the Canadian Paediatric Society, matter of concern to the Committee.”45 Further, inconsistencies in provincial laws for injury it recommended the strengthening of prevention highlight the need for better coordination to reduce regional disparities or coordination related to health and safety.52 discrimination for full respect and implemen - tation of the Convention.46 After the These are not insurmountable problems but present ation of Canada’s second report in 2003, they demand much greater focus, coordination the Committee once again raised its concern and resources than they are currently receiving about the absence of designated responsibility if the rights of all Canadian children are to be to coordinate and monitor implementation of respected. As a result, the Senate Standing the Convention despite the existence of the Committee on Human Rights has recommended Continuing Committee of Officials on Human that “an interdepartmental implementation Rights and the (then) Secretary of State for working group for children’s rights be Children and Youth.47 Consequently, the established in order to coordinate activities, Committee urged Canada “to strengthen policies, and laws for children’s rights issues.”53 effective coordination and monitoring, in particular between the federal, provincial and One of the results of the fragmentation territorial authorities, in the implementation of discussed above is that civil society has been policies for the promotion and protection of the placed, in the eyes of some, in a defensive child, as it previously recommended...with a position. In contrast to the coordination that is view to decreasing and eliminating any becoming apparent in Europe among possibility of disparity or discrimination in the politicians, NGOs, academics and children and implementation of the Convention.”48 youth, and notably expressed in the White

54 Coordination efforts and mechanisms for child rights Paper issued by the Government of the Civil society capacity and United Kingdom,54 some critics in Canada have designated civil society activists as ‘special resource contraints interest groups’. In fact, advocacy and lobbying Both the size and structure of various civil efforts are sometimes cast in a negative light, as society organizations have been dramatically evidenced by the attempts by Alberta and the affected by repeated budget cuts, reducing the federal government to restrict “communications number and quality of their coordination efforts. with government” (also see legislative Some organizations, like the Canadian Child discussion in Chapter 1). This has been Care Federation, have had to reduce staff; particularly hard for groups who want to others, like Family Service Canada, have advocate on behalf of children. become virtual organizations that exist on the Internet without offices (and often staff) due to funding cuts; and still others, such as International Social Services, operate only with Weaknesses in federal volunteers. The Canadian Institute of Child leadership on child rights Health, the National Children’s Alliance and Volunteer Canada are all much reduced due to Peter Dudding, Executive Director of the Child cutbacks. There is no core funding from Welfare League of Canada, noted the government for these voluntary organizations importance of two avenues for the federal despite the important national function they perform. Furthermore, project funding, which is government: first, the provision of political very difficult to access, is often not available in a leadership, and second, the guarantee of timely manner. The constant search for project appropriate financing and effective funding depoliticizes and disempowers civil management of social programmes.55 In civil society, and severely curtails its capacity to society there is continuing concern about the speak out on behalf of children.60 Therefore, frequency of Cabinet shuffles that change some organizations have either given up on ministerial portfolios just as the politicians are government money or closed their doors.61 The gaining an understanding of their respon - restricted capacity of civil society means that sibilities and the issues. This is particularly true there are few resources remaining for of the Department of Indian and Northern coordination, and the competitive struggle for Affairs, to the detriment of Aboriginal funding serves to put organizations at odds with each other rather than bring them together. children.56 Mr. Dudding also identified that the Canada Social Transfer of funds from the federal government to the provinces had Conclusion inadequate provision for goals, monitoring and outcomes, thus inhibiting accountability Recognition of the need for centralized focal and effective social development efforts.57 points within government, as well as While the current federal government is independent institutions (such as a federal characterized by strong authority within the children’s commissioner in Canada) to coordinate implementation of the Convention, Office of the Prime Minister,58 political is widely shared among individuals and leadership in support of child rights is notably organizations fully committed to promoting absent. The Senate Standing Committee also and protecting the rights of all children. Where stressed the importance of ministerial coordination is working well, the favourable responsibility with respect to Canada’s outcomes for children are evident. On the international human rights obligations; basis of those positive experiences, we can ministers responsible for human rights across clearly identify the critical areas in which different levels of government should “meet further developments can and should be immediately, with renewed vigour.”59 funded and advanced.

NOT THERE YET 55 56 FINAL SUMMARY, MAJOR CHALLENGES AND 8 RECOMMENDATIONS

“The way a child is treated by a society is an When Canada ratified the Convention on the indication of what that society is all about.” Rights of the Child5 in 1991, the country — Young person consulted in June 20071 undertook fundamental obligations with respect to protecting and promoting the rights “The children of today have rights, the of children throughout the country. Canada adults of today have rights…shouldn’t also committed to the 1990 World Summit for our rights be noticed as much as yours.” Children goals and to the Declaration and — 16-year-old boy from Sydney, Nova Scotia2 Action Plan of the 2002 United Nations General Assembly Special Session on “We’re free to express our views to a certain extent (that’s pretty much all we’re Children, entitled ‘A World Fit for Children’ free to do as kids). As kids/teenagers we (see Chapter 3). Progress on these don’t have many freedoms, it’s a commitments has been uneven. While some stereotype we’re irresponsible, trouble- children in Canada are doing well, others are making kids! To us we don’t have a voice not. If one believes with UNICEF in “all rights and we sure as hell can’t use it. It’s the for all children” then there is room for adult world, we usually don’t have an improvement. Further progress in Canada, as opinion and if we ever do get to use our elsewhere, will depend to a considerable voices we’re pretty damn lucky to have extent on the full implementation of the the chance.” general measures of the Convention. — Meaghan, aged 15, Ontario3 Analysis of implementation of the Convention “I would tell them [the people from in Canada has made it abundantly clear that abroad who asked] we have a Charter of while there have been positive developments, Rights that secures the many things I am much more needs to be done to improve the free to do here in Canada. I am free to say political, economic, social and educational what I want about anything. About the structures that have an impact on children’s government, my school, my parents or lives. It is also clear that, in order to ensure anywhere else I know. I am also free to do full implementation of the Convention in what I want and think the way I want. But I Canada, public attitudes towards children will would also tell them some of the limits. Such as hate. I am free to say what I want, have to evolve. More people will have to do what I want and think the way I want “recognize children as rights-bearers” and to as long as I do not promote hate to others “respect and value them in the present” and or hurt others. My other limit is the law. If not only for what they will be in the future.6 what I say, do or think violates the law, I As attitudes shift, so will the relationships am not allowed by the country to do so between children and young people, and the but most of the time I won’t get killed for overlapping institutional settings in which it like some people in other countries.” they are growing up, including the family. — Medin, aged 16, Ontario4

57 Challenges to implementation included in the federal government’s periodic reports to the Committee on the Rights of the of the Convention Child – tend to see the Convention as a federal, rather than a provincial responsibility, and as an Federal level international, rather than a domestic obligation. Many serious challenges exist at the federal Public awareness level of government, where the ultimate responsibility for implementation of the The perception of the Convention as an Convention rests. First of all, there is no instrument that is applicable only to other dedicated political mechanism for the countries is fairly widespread among the promotion of child rights.7 There is no minister general population as well. This view will only at the Cabinet table with even nominal change when, among other things, the responsibility and, with the exception of the government ensures that the Convention is Senate Standing Committee on Human Rights, made “widely known, by appropriate and there is no parliamentary reference point from active means, to adults and children alike” which to discuss the rights of children. (article 42 of the Convention). Since ratification, the federal government has focused more on While within the bureaucracy there are a the production of materials and the preparation number of coordinating mechanisms on of reports rather than on a proactive, children’s issues, without political leadership comprehensive strategy for dissemination. their effectiveness is threatened. The lack of There has never been either enough money or federal coordination with respect to Aboriginal enough human resources to do an adequate children can result in routine denials of job. Once again, the fact that education is government services to First Nations children, under provincial jurisdiction is cited as a even when the same services are available to reason for the gaps in this area. other children, as demonstrated by ‘Jordan’s Principle’. Furthermore, the one directorate Relations between civil society and within Canadian Heritage that does have a the federal government designated responsibility for educating the public about children’s rights has experienced Another challenge for implementation of the funding cuts (see Chapter 2). For a few years Convention lies in the degree to which the even Canada’s international assistance government has diminished funding for public programmes with respect to child rights consultation on children’s issues, or disabled promotion and protection were subsumed under and fragmented it by denying funding to other priorities, raising concerns that the coalitions or national organizations that international leadership Canada has long advocate for children (also see Chapter 2). demonstrated in support of human rights in Indeed, national coalitions should not have to general, and child rights in particular, was at risk.8 compete with their member organizations for core funding.9 To run a national network, Federal–provincial–territorial relations alliance or coalition and ensure that voices from every part of the country are heard is an A second challenge to implementation of the expensive process in the best of times, yet Convention is Canada’s federal nature. This is not should be supported for the sake of the public to say that federalism itself is the problem, interest. The risk is that voices may be unheard because other federal states have found ways to or silenced, thereby permitting the unequal implement the Convention through such means treatment of children across the country to go as national and local children’s commissioners unchallenged. or ombudspersons. In Canada, however, federalism is often cited as a reason for the The Voluntary Sector Initiative (VSI), which inequities that confront children across the operated between 2000 and 2005 with country. Most issues relating to children fall substantial federal funding ($94.6 million)10 had under provincial jurisdiction, so there is a little impact on the voluntary sector’s capacity concern that the federal government may not for monitoring children’s rights. This activity fulfil its responsibility to protect and promote was not a priority. Even though one of VSIs children’s rights under the guise of respecting stated goals was to improve the relationship provincial powers. However, provincial between the sector and the federal government, governments – once they have signalled their the modest improvements it brought about face assent to ratification, and in spite of the fact that an uncertain future now that the organization is they continue to prepare regular reports that are no longer in existence. The federal government

58 Final summary, major challenges and recommendations should enhance funding for citizen-based stereotypes of children – usually small children – advocacy and for voluntary groups that as victims in need of protection or as threats – undertake non-partisan advocacy related to usually adolescents – in need of punishment, children’s rights. With this critical function than they are at conveying children’s essential restored, robust attention and progress towards humanity as persons who have rights. Only implementation of the Convention in Canada will when this latter status is firmly fixed in the be significantly enabled. public mind will children become less vulnerable to abuse and exploitation. A lack of awareness and attention is particularly acute in discussions at the federal Another issue related to the media deserves level about Aboriginal children. In addition to comment because of the extent of its impact on the jurisdictional impediments cited above children’s lives. This is the use of the media by (see Chapter 2) Canada continues to have the commercial interests to attract children’s only race-based piece of legislation in the attention to their offerings. Advertisers invest in Western industrialized world, the Indian Act, research on children so as to determine the which affects almost every aspect of the lives best means of selling to them and the products of First Nations children. The Indian Act that attract their attention.15 The responsibility persists despite repeated calls by the of the media is clearly addressed in article 17 of Assembly of First Nations of Canada to fully the Convention, but could be further improved implement the recommendations of the Royal in Canada. This is an area requiring Commission on Aboriginal Peoples in its 1996 considerable further research. report, which provided a path away from the Indian Act towards the full restoration of Support for youth participation Aboriginal rights and title. Another concern is that the rights of children are not referenced in An important area for implementation of the land claims settlements or in the hearings with Convention is the encouragement of coherent respect to legislation establishing First Nations and consistent youth participation in serious governance, both of which have to be done by policy issues. Although the provinces appear to an Act of Parliament.10 Women’s rights are be more progressive than the federal sometimes raised and Aboriginal rights always government on this issue, with a number of considered, but not those of children, even provincial ministries reaching out to youth, it is though the First Nations Child and Family still unusual for children and young people to be Caring Society cites the Convention in its work.12 called as witnesses when bills that affect them directly are discussed in Parliament or in a Role of the media legislature. There is no policy promoting such participation, in spite of article 12 of the The national media has an important role to Convention, and thus individual parliamentarians play in raising awareness of and promoting must ask for children to appear.16 When this does implementation of the Convention – especially happen, as with the hearings that accompanied the print media. It is obvious that much more the passage of the legislation establishing the could be done by the media than is currently the office of Ontario’s Child Advocate, the effect is case. A notable exception, and active actor, is powerful (also see Chapter 1). While Canada had the National Film Board of Canada. Shortly after considerable success in promoting youth ratification of the Convention, the board participation at the United Nations General produced an excellent series of animated films Assembly Special Session on Children,17 the entitled Rights from the Heart, designed for organization of engaged young Canadians that different age groups and still in wide was subsequently formed to assist in the distribution.13 Other filmmakers have made preparation of the report A Canada Fit for thoughtful documentaries on issues such as Children18 did not survive beyond its launch in child labour and sexual exploitation that appear May 2004. Article 12 of the Convention is on Canada’s television networks. A commercial respected in the child welfare and justice television station in Ottawa has a ‘children first’ systems, which are legally bound to adhere to its news policy, with a commitment to focus on and provisions, but is only slowly being recognized in explore children’s issues and to celebrate young most other settings in which children are active people regularly.14 However, a direct connection and where decisions that have a profound effect between these efforts and the Convention is on their lives are made. The problem is that in tenuous, and the media almost never covers order to fully listen to children and young people, processes specifically related to the Convention adults have to change. However, change can be for the public. Furthermore, the media is very threatening, particularly when it involves probably more successful at perpetuating the a shift in power.

NOT THERE YET 59 Assets whims, resource constraints or other excuses. Rights should involve responses to established After outlining the challenges and barriers to full legal obligations and duties to human implementation of the Convention in Canada, it beings.”23 is now time to turn to the assets that can be used to overcome them for the benefit of children The third asset related to the Convention is everywhere. Some of these assets are available created by the processes it has set in motion. to all countries, some could be made available, All countries can benefit from the protocols, declarations, resolutions, advisory opinions (as and some are more specific to Canada. in the Committee on the Rights of the Child’s Convention on the Rights of the Child regularly issued General Comments on various aspects of children’s rights), standards and The first and most important asset for guidelines that have emerged over the past implementation of the Convention is the several years. Because so many of these Convention itself. It is an international human instruments are the product of negotiations rights treaty outlining legal obligations to the and consultations among States and stake - child in light of the main goal of human rights: holders, their tone, while unequivocally in to recognize the inherent dignity and equal and support of children’s rights and well-being, is inalienable rights of every member of the usually moderate and realistic. human family.19 The Convention is usually understood to affirm that the human family A fourth asset related to the Convention is that includes children, and that children are related once a State becomes a party to the Convention, to adults and to one another as human beings, it is obligated to produce periodic reports on not as human ‘becomings’. The Convention how it is implementing the Convention through processes that should engage actors at many concerns relationships. Its overall intent and levels of society. While the reports themselves meaning is to establish the fundamental may not be fully comprehensive or entirely relationship between children as rights-bearers accurate, preparing them can be a conscious ness- and the State (and, by extension, society) as raising activity. After a State Party has duty-holders. Individual articles speak to all the presented its report, the Committee on the different relationships children and young Rights of the Child makes concluding people are engaged in: with one another, within observations. These are generally thoughtful their families, their schools, their communities, and well considered, and provide the State and with the organs of the State such as the Party with additional building blocks for justice, health, and child welfare and educational implementation of the Convention. systems. Article 12 of the Convention gives them the right to be heard in any judicial or A final asset at the international level is the fact administrative proceedings affecting them and that childhood is universal. Everyone alive “affirms recognition of children as active today is or has been a child. The capacity to 20 agents, entitled to participate.” This list of relate to children lies within all of us, including relationships identified by the Convention is children themselves, who can connect across not exhaustive but indicative of the shifts that national barriers with ease if the facilities exist. would occur and, indeed, are occurring in the This is an asset that has been used to great culture of childhood as implementation advantage by UNICEF as well as many expands. Growing respect for the child as a international development organizations, such person is a benefit for all, moving us toward as the Save the Children Alliance, World Vision the world envisaged by the children who stated and Plan. The relationships built through at the United Nations General Assembly student exchanges, school twinning and Special Session on Children, “We want a world judiciously-developed Internet sites such as fit for children, because a world fit for us is a TakingITGlobal24 are invaluable for implemen - world fit for everyone.”21 tation of the Convention.

The second asset is the degree to which the National assets Convention promotes a human rights-based approach. This approach aims to implement Canada has a number of specific assets to build rights as provided for in international law by on that could be considered as promising empowering people, including children, as practices or models for other countries. First, Professor Tara Collins puts it, “to make due Canada is a prosperous country with a long claims from others in support of their rights.”22 history of involvement with human rights. As she notes: “Accordingly, rights demand and Furthermore, the country is securely governed inspire approaches, which are neither reflecti - by the rule of law. At both federal and provincial ons of generosity, nor vagaries of political levels of jurisdiction, albeit with some notable

60 Final summary, major challenges and recommendations exceptions, laws that relate to children promote A particular mention should also be made of the child’s best interests as a primary concern. Canada’s leadership in social innovation, This is as true for the Divorce Act (which, as supported by several Canadian philanthropic discussed in Chapter 1, is a federal Act) as it is foundations and exemplified by a book for child welfare legislation at the provincial published in 2006 entitled Getting to Maybe: level. Pending amendments to the Divorce Act, How the world is changed.28 The thinking the Family, Children and Youth section of the behind this book could be a real asset for Department of Justice, for example, has improving implementation of the Convention. devoted considerable resources to reducing the Getting to Maybe is informed by the insights adversarial nature of family break-up, working of complexity theory, suggesting one should to change the nature of relationships affected stop looking at the discrete elements of a by separation and divorce so that children can problem and focus instead on understanding continue to thrive in spite of the difficulties the complex relations among them. This experienced by their parents.25 Provincially, the conforms, of course, to the Declaration from recent legislation establishing the independence the Vienna Conference on Human Rights that of the Office of the Child Advocate in Ontario all human rights (and therefore, by specifically references the Convention as does implication, the rights of the child), are the legal activity of the Quebec Commission des “universal, indivisible…interdependent droits de la personne et des droits de la and interrelated.29 jeunesse (also see Chapter 1). Also, while it is true that the Convention has not been Other assets that can be built upon to ensure implemented into domestic law, it can − and implementation of the Convention in Canada does − guide the courts in interpreting include the capacity of the child advocates in the domestic legislation. This means that an provinces to operate both provincially and expanding number of lawyers and jurists are nationally at regular meetings of the Canadian becoming familiar with the Convention. Council of Provincial Child and Youth Advocates. Training programmes for judges on the Their collective experience of child rights is Convention and other international human substantial, and their shared concern for abuses rights instruments exist and should be in the systems under their responsibility has sustained and strengthened. brought about much-needed change.

Another asset that Canada can build on for Civil society groups focused on children and implementation of the Convention is the youth can also be effective in establishing growing number of legal scholars, academics, national standards framed on child rights. health experts and social innovators who Coalitions and organizations related to understand the implications of implementation children, such as Canadian Coalition for the for children. Many of them have already been Rights of Children and the National Alliance for cited in this case study and their significance lies Children and Youth, add great strength to the in their ability to shift the current of ideas movement. Canadian civil society is willing and around children and childhood in a positive interested, and its potential for furthering direction. One person who has been particularly implementation of the Convention is effective in this respect is Dr. Fraser Mustard, substantial if adequately supported to partner founder of the Canadian Institute for Advanced with government, as envisioned in the Research, who has been able to convey Voluntary Sector Accord signed in 2001.30 knowledge about brain development in early The non-profit community is full of dedicated childhood to the general public, thus and committed staffers and volunteers who are highlighting the importance of stimulating and prepared to give time and energy to further the nurturing conditions for early learning and rights and well-being of children. In 2003, there care.26 One of Dr. Mustard’s associates, were over 160,000 non-profit and voluntary Dr. Clyde Hertzman at the University of sector organizations, of which some 81,000 British Columbia, has taken this body of were registered charities; the same year, research to the World Health Organization’s Canadians took out 139 million memberships Commission on the Social Determinants of in non-profit and voluntary organizations, an Health, citing in his report the Committee on average of four per person.31 the Rights of the Child’s General Comment on rights in early childhood.27 A former federal Among these are a number of influential Health Minister, Monique Bégin, has been a organizations that can be tapped for particularly active member of this Commission, implementation once the individuals that and has a wide understanding of the rights- comprise them give their support to the based approach and of the ecological model of Convention. Many churches and other religious child development the Convention supports. institutions, for example, have strong social

NOT THERE YET 61 justice agendas, as do national and local voluntary sector. This is a task for all Aboriginal organizations. Social justice, by interested parties. In Canada’s open and definition, implies a right-based approach. democratic society, legislators mostly reflect These groups also understand the importance what the public appears to demand. Strategic of culture and identity and value their children, campaigns, like the one that brought about as do grandparents and elders, who have the signature in Ottawa of the international wisdom to share and recognize the significance Mine Ban Treaty in 1997, or the one that of loving and respectful relationships for resulted in the unanimous approval of children and young people. ‘Jordan’s Principle’ in the House of Commons in 2007 by highlighting how innocent Finally, children and young people are the best children suffer, can be very effective. asset of all. There are growing numbers of active, interested and engaged youth concerned 2. Use political will to establish an independent about children’s rights who are forming children’s commissioner at the federal level networks across the country and, indeed, across of government, with a specific focus on the world. The more opportunities they find to children experiencing persistent and speak out, the more impact they can make. disproportionate rights violations. This Supporting a child’s right to be heard in the early office should be responsible for ensuring years is integral to nurturing citizenship over the that Canada meets its commitments under long term. In this way, the values of democracy the Convention, as well as insisting on the are embedded in the child’s approach to life. full and proper implementation of the And, as the Committee on the Rights of the Child Canadian Charter of Rights and Freedoms notes: “Participation also offers opportunities for as it relates to children. It was a combination children from diverse backgrounds to build a of civil society advocacy and political will sense of belonging, solidarity, justice, that made this possible in many countries 34 responsibility, caring and sensitivity.”32 of the world. The growing success of the provincial child advocates in Canada in promoting children’s rights proves that this Recommendations is an essential measure for implementation of the Convention. While the challenges to implementation of the 3. Budget for adequate financial, human and Convention on the Rights of the Child in Canada technical resources for child protection and are substantial and are no doubt replicated in for the promotion of children’s rights at both other countries, so are the assets that can be the federal and provincial levels, and use used to overcome them. The first responsibility existing federal−provincial agreements, such for the care and nurture of children lies with as the National Children’s Agenda parents and families, who also bear the duty to (see Chapter 3), to deploy these resources. protect and promote the rights of their children. Any such agreements must include meaning - This is clearly recognized by the Convention. ful consultations with and involvement by However, the Convention also acknowledges the Aboriginal peoples. essential roles governments and civil society play in providing “the legislative and policy 4. Build more constructive working partner - framework, the institutional and organizational ships among sectors. One example of joint structures, the fiscal and other supports and funding and joint operation is the national services to enable families” to do what families telephone tipline, Cybertip, which is a highly do best.33 And when families fail, as they effective mechanism for rescuing young sometimes do, then State and society have the people from sexual exploitation. The duty to be there for the children. The following initiative involves an NGO (Child Find recommendations for improved implementation Manitoba) to take the calls; the Royal of the Convention are directed not only to Canadian Mounted Police (RCMP) to governments at all levels of Canada’s complex investigate and charge perpetrators; and federal structure but also to civil society several telecommunications companies.35 organizations in all their variety. Most of these Another example is the Many Hands, One recommendations are sufficiently general to Dream coalition that brings together 14 also serve as models for other countries. national NGOs active in Aboriginal child health to implement shared principles for 1. Promote the political will necessary to the benefit of Aboriginal children. implement the spirit and intent of the Convention within federal, provincial and 5. Steadily raise awareness of the Convention territorial governments, at the municipal among children and adults alike by level, in the corporate sector and the embedding the Convention throughout the

62 Final summary, major challenges and recommendations school curriculum – at primary and 8. Promote collaboration with faith communities secondary levels, as is slowly happening in like Kairos and the Salvation Army that are Nova Scotia and Quebec. It is to be hoped already predisposed towards social justice that this development will effectively and issues and are open to working with the comprehensively expand across the most disadvantaged children and young country. This is known as teaching ‘the new people in a generous, holistic and non- three Rs’: Rights Respect and Responsibility judgemental manner. Many children already (also see Chapter 5). understand that the Convention, which is essentially about how we treat one another 6. Increase the number of professionals from with respect in society, is very similar to the all disciplines related to children, including ‘golden rule’ embraced by most societies.37 government officials who have been trained in the Convention. Once the Convention has 9. Engage the media in all its forms as an ally. been internalized through experiential Lively Canadian-based Internet connectors education, individuals recognize the need to (such as TakingITGlobal discussed earlier), make child-impact assessments of can link youth around the world under the everything they do. Fortunately, there is a guidance of knowledgeable adult mentors. growing body of academic researchers with The media can also lower the barriers of expertise in child rights, as well as discrimination and ignorance. The many professional organizations such as the Canadian journalists who have been Canadian Child Care Federation, the sensitized to the suffering of children in Canadian Paediatric Society, the Child the course of their investigative work could Welfare League of Canada and the First and should be encouraged to make explicit Nations Child and Family Caring Society of reference to the Convention in their Canada. These specialists and organizations reports in order to raise awareness among have already developed educational tools their audiences. and are making them widely available to 10. Empower children and youth. They are the their colleagues. The large child-focused experts on their own lives, and the international development NGOs in Canada mechanisms that enable them to be heard with worldwide connections, such as the are increasingly more sophisticated, thanks Canadian Red Cross, Plan, Save the to the efforts of everyone working with the Children Canada, UNICEF Canada and Convention over the past 18 years. If more World Vision, are invaluable sources of support and funding could be made knowledge and experience, and make available for youth-run organizations excellent partners for training programmes focused on the development of national and and other initiatives related to implemen - regional youth-related policy, the results tation of the Convention. would be remarkable.

7. Ensure the existence of monitoring Persons between 10 and 19 years of age today mechanisms at all levels of government and form the largest generation the world has ever society – less to be critical than to uncover known. Standing at 1.2 billion strong, they are problems and shortcomings in a timely at the very epicentre of change. Young people manner, so that decision makers can make know the world has changed in ways course corrections. A dissertation on the unimaginable even 20 years ago when the subject points out, “In the context of social Convention on the Rights of the Child was planning and programming, monitoring has being drafted. They also know that they have a precise function related to the collection access to new tools that many adults can of data and its analysis: admonition plays barely comprehend. They are, in fact, already little or no part.”36 Provincial child advocates becoming empowered by factors that are already provide this service for status Indian outside of adult control and the results are not children living off Aboriginal reserves as do always predictable. One thing, however, is provincial and national coalitions, but a certain: Without the partnership of responsible significant gap exists for children living on adults with children and youth, as called for by reserves as the provincial advocates do not the Convention on the Rights of the Child, have jurisdiction over the federal government neither a Canada nor indeed a world fit for and no parallel federal office exists. children will ever be built.

NOT THERE YET 63 64 ENDNOTES

FOREWORD 7 Constitution Act, 1867 (U.K.), 30 & 31 Victoria, c. 3; Constitution Act, 1982, being Schedule B to the Canada 1 United Nations, Convention on the Rights of the Child, Act 1982 (U.K.), 1982, c. 11. A/RES/44/25, United Nations, New York, 20 November 1989. 8 Brownlie, Ian, Principles of Public International Law, fifth 2 The instrument of ratification was deposited at the edition, Oxford University Press, New York, 1998, p. 35. United Nations on 12 January 1992. 9 United Nations, Committee on the Rights of the Child, 3 The general measures of implementation are the Consideration of Reports Submitted by States Parties measures that the Committee on the Rights of the Child under article 44 of the Convention: Concluding considers to form part of the general obligations of observations of the Committee on the Rights of the States Parties to “undertake all appropriate legislative, Child: Canada, CRC/C/15/Add.37, Office of the United administrative and other measures for the Nations High Commissioner for Human Rights Geneva, implementation of the rights recognized in the 20 June 1995, para. 11. Convention on the Rights of the Child. 10 Ibid., para. 23. PREFACE 11 For general reference, see Gardner, J. P. (ed.), Human Rights as General Norms and a State’s Right to Opt Out: 1 United Nations, Convention on the Rights of the Child, Reservations and objections to human rights A/RES/44/25, United Nations, New York, 20 November 1989. conventions, The British Institute of International and 2 The instrument of ratification was deposited at the UN Comparative Law, London, 1997. on 12 January 1992. See United Nations, Office of the 12 United Nations, International Covenant on Civil and High Commissioner for Human Rights, Status of Political Rights, United Nations, New York, Ratifications of the Principal International Human Rights 16 December 1966, articles 18(3), 19(3), 21, 22. Treaties, as of 14 July 2006, accessed on 23 August 2009. British Year Book of International Law 48 (1976–1977), 3 United Nations, Optional Protocol to the Convention on p. 281. the Rights of the Child on the involvement of children in 14 United Nations, Committee on the Rights of the Child, armed conflict, A/RES/54/263, United Nations, New York, Consideration of Reports Submitted by States Parties: 25 May 2000. Concluding observations: Canada, CRC/C/15/Add.215, 4 United Nations, Optional Protocol to the Convention on Office of the United Nations High Commissioner for the Rights of the Child on the sale of children, child Human Rights, Geneva, 27 October 2003, para. 4. prostitution and child pornography, A/RES/54/263, 15 Senate of Canada, Senate Standing Committee on United Nations, New York, 25 May 2000. Human Rights, ‘Children: The silenced citizens: Effective 5 Senate of Canada, Senate Standing Committee on implementation of Canada’s international obligations Human Rights, ‘Who’s in Charge Here?: Effective with respect to the rights of children – Final Report’, Senate of Canada, Ottawa, April 2007, p. 195. implementation of Canada’s international obligations with respect to the rights of children – Interim Report’, 16 United Nations, Vienna Convention on the Law of Senate of Canada, Ottawa, November 2005. Treaties, A/CONF.39/27, United Nations, Vienna, 23 May 1969, article 2(1)(d). 6 Senate of Canada, Senate Standing Committee on Human Rights, ‘Children: The silenced citizens: Effective 17 For example, see United Nations, Convention on the implementation of Canada’s international obligations Rights of the Child, A/RES/44/25, United Nations, with respect to the rights of children – Final Report’, NewYork, 20 November 1989, article 51(2). Senate of Canada, Ottawa, April 2007. 18 Lijnzaad, Liesbeth, Reservations to UN Human Rights Treaties: Ratify and ruin? Martinus Nijhoff Publishers, CHAPTER 1 Dordrecht (the Netherlands), 1995, p. 3. 1 United Nations, Convention on the Rights of the Child, 19 Senate of Canada, Senate Standing Committee on A/RES/44/25, United Nations, New York, 20 November 1989. Human Rights, ‘Who’s in Charge Here?: Effective implementation of Canada’s international obligations 2 United Nations, Vienna Convention on the Law of with respect to the rights of children – Interim Report’, Treaties, A/CONF.39/27, United Nations, Vienna, Senate of Canada, Ottawa, November 2005, p. 36. 23 May 1969, article 26. 20 United Nations, Convention on the Rights of the Child, 3 See Aust, Anthony, Modern Treaty Law and Practice, Reservations, Declarations, and Objections relating to the Cambridge University Press, Cambridge, 2000, pp. 146–156. Convention on the Rights of the Child, CRC/C/2/Rev.8, 4 Ibid., p. 150. United Nations, New York, 7 December 1999. 5 Ibid., pp. 150–151. 21 Ibid. 6 United Nations, International Human Rights 22 Ibid. Instruments, Core document forming part of the reports 23 United Nations, Committee on the Rights of the Child, of States Parties: Canada, HRI/CORE/1/Add.91, Office of Consideration of Reports Submitted by States Parties: the United Nations High Commissioner for Human Concluding observations: Canada, CRC/C/15/Add.215, Rights, Geneva, 12 January 1998, para. 57. 27 October 2003, para. 6.

65 24 United Nations, Committee on the Rights of the Child, 40 For instance, the Youth Criminal Justice Act (YCJA) has Consideration of Reports Submitted by States Parties: limited custody in sentencing and pre-trial detention; Concluding observations: Canada, CRC/C/15/Add.37, Mackinnon, Martha, Executive Director and 20 June 1995, paras. 10, 18; United Nations Committee Cheryl Milne, Staff Counsel, Justice for Children and on the Rights of the Child, Consideration of Reports Youth and Canadian Foundation for Children, Youth and Submitted by States Parties: Concluding observations: the Law, ‘Accountability to and for Canada’s Children Canada, CRC/C/15/Add.215, 27 October 2003, para. 4; and Youth, Brief to the Senate Standing Committee on Senate of Canada, Senate Standing Committee on Human Rights: Canada’s international obligations to the Human Rights, ‘Who’s in Charge Here?’, pp. 51–52. rights and freedoms of children’, Canadian Foundation 25 United Nations, Convention on the Rights of the Child, for Children, Youth and the Law, Toronto, 18 April 2005, Reservations, Declarations, and Objections CRC/C/2/Rev. p. 7, 8. accessed on 7 August 2009. 26 United Nations, International Human Rights 41 YCJA, articles 76, 92. Instruments, Core document: Canada, para. 77. 42 Bala, Nicholas, Peter Carrington and Julian Roberts, 27 There had been ministers of state for children and youth ‘Evaluating theYouth Criminal Justice Act after Five in previous Cabinets but the position no longer exists. Years: A qualified success’, Canadian Journal of From 12 December 2003 to 19 July 2004, the Honourable Criminology and Criminal Justice/La Revue canadienne Ethel Blondin-Andrew served as Minister of State for de criminologie et de justice pénale, vol. 51, no. 2 , Children and Youth under former prime minister April 2009, p. 152, accessed on June 1997 under an earlier prime minister, Jean Chrétien. 27 October 2009. 28 For example, the Government stated: “In keeping with its 43 United Nations, Committee on the Rights of the Child, commitment to advancing human rights and dignity, the Consideration of Reports Submitted by States Parties: Government will make the rights of children a Canadian Concluding Observations: Canada, CRC/C/15/Add.215, priority and seek an international consensus to eliminate 27 October 2003, para. 56. exploitative child labour,” Government of Canada, ‘Speech from the throne to Open the Second Session of the 44 Report of the Nunn Commission of Inquiry, ‘Spiralling 35th Parliament of Canada’, Ottawa, 27 February 1996, out of Control: Lessons learned from a boy in trouble,’ accessed on14 November 2007 and 6 August 2009. Supreme Court of Nova Scotia, Commissioner, Library and Archives Canada, December 2006, Human Rights, ‘Who’s in Charge Here?’, p. 38. accessed on 12 August 2009. 30 Foreign Affairs and International Trade Canada, News 45 R. v. D.B., [2008] 2 S.C.R. 3, 2008 SCC 25. Release No. 20, ‘Canada Announces Policy to Table International Treaties in House of Commons’, 46 Ibid. Government of Canada, Ottawa, 25 January 2008, 47 Ibid. accessed on 6 August 2009. Health and Health Care’, Library of Parliament, Ottawa (unpublished document on file with authors), 31 Senate of Canada, Senate Standing Committee on 4 April 2006, p. 1. Human Rights, ‘Who’s in Charge Here?’, p. 85. 49 RJR-MacDonald Inc. v. Canada(AttorneyGeneral) [1994] 32 For example, former Member of Parliament Mac Harb 1 S.C.R. 311, cited in Library of Parliament, Canada, proposed many such bills to revise federal law to reflect ‘The Federal Role in Health and Health Care’ child rights. (unpublished document on file with authors), p. 1. 33 Senate of Canada, Senate Standing Committee on 50 Ibid., p. 2. Human Rights, ‘Who’s in Charge Here?’; and ‘Children: The silenced citizens’. 51 Tobacco Control Act, 1997, c. 13. 34 Email to author from Laura Barnett, Law and 52 Assisted Human Reproduction Act, 2004, c. 2. Government Division, Library of Parliament, Canada, 53 This finding is particularly true of grade 10 girls; see 8 August 2007. Public Health Agency of Canada, Young People in 35 Bill C-2: An Act to amend the Criminal Code (Protection of Canada: Their health and well-being, Chapter 6, Public children and other vulnerable persons) and the Canada Health Agency of Canada, Ottawa, 2004, chapter 6, Evidence Act, received Royal Assent on 20 July 2005, accessed on7 August 2009. Docid=3293155&file=4> accessed on 7 August 2009. 54 As reported by Senator Landon Pearson, who heard 36 Criminal Code, R.S., 1985, c. C-46, article 486.3(1). these concerns at meetings of the Senate Standing 37 United Nations, Optional Protocol to the Convention on Committee on Social Affairs, 1995–2005. the Rights of the Child on the sale of children, child 55 Criminal Code, R.S., 1985, c. C-46, section 43. prostitution and child pornography, A/RES/54/263, United Nations, New York, 25 May 2000. 56 United Nations, Committee on the Rights of the Child, Consideration of Reports Submitted by States Parties: 38 Corrections and Conditional Release Act, 1992, c. 20. Concluding Observations: Canada, CRC/C/15/Add.215, 39 Youth Criminal Justice Act (YCJA), S.C.2002, c.1. 27 October 2003, para. 33.

66 Endnotes 57 Parliamentary Information and Research Service, 76 Ibid. st LEGISinfo, 39th Parliament – 1 Session, Bill C-14: An 77 United Nations, Committee on the Rights of the Child, The Act to amend the Citizenship Act (adoption), role of independent national human rights institutions in accessed on General Comment No. 2 (2002), CRC/GC/2002/2, Office of 27 February 2008. the United Nations High Commissioner for Human Rights, 58 Convention on the Protection of Children and Co- Geneva, 15 November 2002. operation in Respect of Intercountry Adoption, Hague 78 Renvoi relatif au projet de loi C-7 sur le système de Conference on Private International Law, The Hague, justice pénale pour les adolescents, (2003) 228 D.L.R. concluded 29 May 1993. (4th) 63, 145–146, para. 286. 59 Lucker-Babel, Marie-Françoise, ‘The Hague Convention 79 Létourneau, Hugues (lawyer), ‘Presentation to the on the Protection of Children and Co-operation in Committee’, Proceedings of the Senate Standing Respect of Intercountry Adoption’, International Committee on Human Rights, Senate of Canada, Ottawa, standards concerning the rights of the child, Defence for 9 May 2005. Children International, Geneva, 1995, p. 1. 80 Ibid. 60 Divorce Act 1985, c. 3 (2nd Supp.) 81 Ibid. 61 Civil Marriage Act, 2005, c. 33. 82 Ibid. 62 The Church’s rationale is explained in United Church of Canada, Submission to the Senate Standing Committee 83 Youth Protection Act, R.S.Q. chapter P-34.1 (Government on Legal and Constitutional Affairs on Bill C-38, United of Quebec). Church of Canada, Toronto, 13 July 2005. 84 Telephone interview by co-author with Jean-Pierre Hotte, 63 Department of Justice, ‘For the Sake of the Children – Directeur général, Association des centres jeunesse du Report of the Special Joint Parliamentary Committee on Québec, Montreal, 7 September 2007. child custody and access’, Department of Justice, 85 Ibid. Ottawa, December 1998. 86 Ibid. 64 National Defence Act, R.S., 1985, c. N-5. 87 Ibid. 65 Senator Landon Pearson who sponsored the Bill in 88 Ibid. Senate requested the Department of Defence to conduct interviews with a number of youth recruits, 2000. 89 Ibid. 66 Indian Act, R.S. 1985, c. 1-5. 90 Ibid. 67 Senate of Canada, Senate Standing Committee on 91 Child, Youth and Family Services Act, SNL 1998 C-12, Human Rights, ‘Children: The silenced citizens – Final entry into force 5 January 2000 (Government of Report’, p. 210. Newfoundland and Labrador). 68 Finlay, Judy, former Child Advocate for Ontario and 92 Vivian-Book, Lynn, Assistant Deputy Minister, Ministry of President of the Canadian Council of Provincial Child Health and Community Services, Newfoundland and and Youth Advocates, telephone interview with Labrador, Submission to the [Standing] Senate L. Pearson and T. Collins, 20 August 2007. Committee [on Human Rights], unpublished document on file with the authors, 12 June 2005, p. 1. 69 United Nations, Principles relating to the Status of National Institutions (‘The Paris Principles’), A/RES/48/134, 93 Family Services Act, 1983, c. 16 (Government of United Nations, New York, 20 December 1993, annex. New Brunswick). 70 Ibid. 94 MacKenzie, Bill, Director of Policy and Federal/Provincial Relations, Department of Family and Community 71 Office of the Representative for Children and Youth, Services, New Brunswick, Presentation to Senate ‘Representative for Children and Youth‘, Victoria, B.C., Standing Committee on Human Rights, Fredericton, 2007, accessed on New Brunswick, 14 June 2005, p. 2. 7 August 2009, p. 1. 95 Protection of Children Involved in Prostitution Act, 72 Finlay, Judy, telephone interview with authors, op. cit. R.S.A. 2000, c. P-28 (Government of Alberta); amended 73 Legislative Assembly of British Columbia, Select and renamed Protection of Sexually Exploited Children Standing Committee on Children and Youth, Third Act, R.S.A. 2000, c. P-30.3, effective 1 October 2007, Session Terms of Reference, 38th Parliament, accessed on 7 August 2009. 43D3A03315A60C1A.html>. 74 Office of the Representative for Children and Youth, 96 Alberta Children’s Services, ‘Protection of Children ‘Representative for Children and Youth’, p. 2. Involved in Prostitution’, 2007, 75 In addition to advocacy and complaints resolution, the accessed on 23 August 2007. Advocate now has “all the powers, privileges and 97 Alberta Children’s Services, ‘Protection of Children authority of a parliamentary Ombudsman.” The Involved in Prostitution’, and ‘Definition of Terms’, 2007, Advocate’s Office now has confidentiality provisions; as accessed on 23 August 2007. well as new process for appointment and removal that “strengthen the independence of the Office and the 98 Protection of Children Involved in Prostitution Act Advocate’s powers of compulsion and records and other (Government of Alberta), chapter 8, 2007. powers with respect to investigations were greatly 99 Protection of Sexually Exploited Children Act improved.” Richard, Bernard, New Brunswick’s Child and (Government of Alberta). Youth Advocate, Response to questionnaire for provincial child advocates (unpublished document on 100 Protection of Children Abusing Drugs Act, S.A. 2005, file with authors), 28 August 2007, p. 2. c.P 27.5 (Government of Alberta).

NOT THERE YET 67 101 Bernstein, Marvin, Saskatchewan Children’s Advocate, 124 Ibid., para 33. CBA Access to Justice Presentation, Canadian Bar 125 Ibid., para. 37. Association – Saskatchewan Branch, unpublished document on file with the authors, 1 February 2007, p. 4. 126 Ibid., para. 38. 102 Child and Family Services Act, C-7.2 1989-1990 127 Ibid., para. 76. (Government of Saskatchewan). 128 Ibid., para. 132. 103 Bernstein, op. cit., pp. 4–6. This problem is further 129 Ibid., para. 241. aggravated by two levels of courts between the provincial courts and court of the Queen’s Bench, with 130 Collins, Tara M., ‘The Monitoring of the Rights of the different jurisdiction to authorize independent child Child: A child rights-based approach’, unpublished Ph.D. representation. dissertation (law), University of London, London, 2005, chapter 4, pp. 182–183. 104 Ibid., pp. 7–9. 131 Ibid., p. 182. 105 Ibid., p. 12. 132 Canadian Foundation for Children, Youth and the Law v. 106 Schibler, Billie, Manitoba’s Children’s Advocate, Canada (Attorney General), para. 53. Response to questionnaire for provincial child advocates (unpublished document on file with authors), 133 Collins, op. cit., p. 184. 27 August 2007, p. 4. 134 Syl Apps Secure Treatment Centre v. B.D., [2007] 3 107 Ibid. S.C.R. 83, 2007 SCC 38, accessed on 108 Richard, Bernard, Response to questionnaire for provincial child advocates (unpublished document on 10 August 2009. file with authors), p. 3. 135 Ibid., para. 20. 109 Statistics Canada, ‘Full-time and part-time employment 136 Bernstein, Marvin, ‘Court’s judgment on child care by sex and age group’, Government of Canada, Ottawa, change for Saskatchewan’, The StarPhoenix, Saskatoon, accessed on 9 August 2007. 8 August 2009. 137 Anonymous correspondent, 7 September 2007. 110 McKay-Panos, Linda, ‘Child Labour: Just an international 138 See Chinkin, Christine, ‘A Critique of the Public/Private issue?’ Law Now, September/October 2006, p. 63. Dimension’, European Journal of International Law, 111 Irwin, John, Stephen Mc Bride and Tanya Strubin, Child vol. 10, 1999, pp. 387–395. and Youth Employment Standards: The experience of young workers under British Columbia’s new policy 139 Canadian Foundation for Children, Youth and the Law v. regime, an Economic Security Project Report, Canadian Canada (Attorney General), para. 48. Centre for Policy Alternatives, BC Office, Vancouver, 140 The Supreme Court relied on the same distinction in 20 September 2005, p. 4. R. v. Sharpe [2001] 1 S.C.R. 45, as discussed in 112 Ibid., pp. 5, 16–17. Van Bueren, Geraldine, ‘The constitutional rights of children’, Amicus Curiae, 2003, pp. 27–32, in Collins, 113 Ibid., p. 23. Tara M., op. cit., p.183. 114 See Human Resources and Skills Development Canada, 141 Canadian Foundation for Children, Youth and the Law v. ‘Minimum age for employment in Canada’, Canada (Attorney General), paras. 171, 173; Arbour, J. referenced Anne McGillivray, R. v. K. (M.): Legitimating and Minimum Age for Employment Alberta, Brutality (1993), 16 C.R. (4th) 125, at pp. 129–30. , both accessed on 15 October 2009. Also see 142 Canadian Foundation for Children, Youth and the Law v. Shultz, Lynette, and Alison Taylor, ‘Children at Work in Canada (Attorney General), para. 226. Alberta’, Canadian Public Policy, vol. 32, no. 4, 143 Ibid., 183, para. 232. December 2006, pp. 431–441. 144 McGillivray, Anne, ‘Why Children Do Have Equal Rights: 115 Alberta Human Resources, cited in McKay-Panos, Linda, In reply to Laura Purdy’, The International Journal of op. cit., p. 63. Children’s Rights, vol. 2, no. 3, Martinus Nijhoff 116 Canadian Agricultural Injury Surveillance Program, cited Publishers, 1994, pp. 243–258. in McKay-Panos, Linda, op. cit., p. 63. 145 McGillivray, Anne, ‘Childhood in the Shadow of Parens 117 Baker v. Canada (Minister of Citizenship and Patriae’, in Goelman, H., S. Marshall and S. Ross (eds.), Immigration) [1999] 2 S.C.R. 817. Multiple Lenses, Multiple Images: Perspectives on the 118 Immigration Act, R.S.C., 1985; subsequently replaced by child across time, space, and disciplines, University of the Immigration and Refugee Protection Act (2001, c. 27), Toronto Press, Toronto, 2004, p. 38. came into force June 2002. 146 Mackinnon and Milne, ‘Accountability to and for 119 Baker, para. 65. Canada’s Children and Youth’, op. cit., p. 4. 120 Ibid., 860, para. 67. 147 Also see Bala, Nicholas et al., ‘The Voice of Children in Canadian Family Law Cases’, Canadian Family Law 121 Ibid., 860–861, paras. 69–70. Quarterly, 2005, pp. 221–279. 122 Criminal Code, section 43. 148 Mackinnon and Milne, ‘Accountability to and for 123 Canadian Foundation for Children, Youth and the Law v. Canada’s Children and Youth’, op. cit., p. 3; Immigration Canada (Attorney General) [2004] 1 S.C.R. 76, 2004 SCC 4. and Refugee Protection Act (2001), c. 27.

68 Endnotes 149 Mackinnon and Milne, ‘Accountability to and for 167 Leuprecht, Peter and Maxwell Yalden, cited in Senate of Canada’s Children and Youth’, op. cit., p. 4. Canada, Senate Standing Committee on Human Rights, 150 The Foundation’s clinic, Justice for Children and Youth, ‘Who’s in Charge Here?’, p. 43. utilizes test cases, consultations and represents young 168 United Nations, Committee on the Rights of the Child, people in legal issues. Mackinnon and Milne, Consideration of Reports Submitted by States Parties: ‘Accountability to and for Canada’s Children and Youth’, Concluding observations: Canada, CRC/C/15/Add.37, op. cit., p. 2. 20 June 1995, para. 9. 151 Mackinnon and Milne, ‘Accountability to and for 169 United Nations Committee on the Rights of the Child, Canada’s Children and Youth’, op. cit., pp. 2–3. Consideration of Reports Submitted by States Parties: 152 See, for example: Mitic, Wayne and John Greschner, Concluding observations: Canada, CRC/C/15/Add.215, ‘Alcohol’s Role in the Deaths of BC Children and Youth’, 27 October 2003, paras. 8–9. Canadian Journal of Public Health, vol. 93, May/June 170 Vandergrift, Kathy, President, Canadian Coalition for the 2002, pp. 173–175, cited by Mothers Against Drunk Rights of Children, interview with authors, Ottawa, Driving, Research Papers - Abstract, 29 August 2007. 171 Canadian Coalition for the Rights of Children, News accessed on 19 August 2009 ; Canadian Institute for Release, ‘No Borders for the Rights of Children in Child Health headed a task force to eliminate lead from Canada’, 26 April 2007, available at . Health and Environment, Children’s Health and the Environment – A primer, Canadian Partnership for 172 Vandergrift, Kathy and Sara Austin, World Vision Canada, Children’s Health and Environment, Toronto, August ‘Putting Children First: Presentation to the Senate 2005, Standing Committee on Human Rights’, Ottawa, accessed on 7 November 2007. 14 February 2005, pp. 1–2, Director, and Gordon Phaneuf, Director of Strategic accessed on 9 August 2009. Initiatives, Child Welfare League of Canada and National Children’s Alliance for Children and Youth, Ottawa, 173 Noël, Jean-François, Director General, International 22 August 2007. Bureau for Children’s Rights, Submission to the Senate Standing Committee on Human Rights, Ottawa, 154 Calgary Chamber of Voluntary Organizations, ‘In Brief: 21 February 2005, pp. 11–12, accessed on , accessed on 9 August 2009, p. 1. 174 Mackinnon and Milne, op. cit., p. 8. 155 Ibid. 175 Ibid. 156 Ibid. 176 Bernstein, Marvin and Glenda Cooney, ‘“Child First” – 157 Authors’ interview with Marie Adèle Davis, Executive The Right Focus: Brief to the Senate Standing Director, and Jill Greenwood, Senior Coordinator of Committee on Human Rights: Canada’s international Executive and Government Affairs, Canadian Paediatric obligations to the rights and freedoms of children’, Society, Ottawa, 15 August 2007. Saskatchewan’s Children’s Advocate Office, Regina, 158 Ibid. Saskatchewan, 19 September 2006, p. 15, accessed on 10 August 2009. 159 See Canadian Paediatric Society, Are We Doing Enough? A status report on Canadian public policy and child and 177 Finlay, Judy, Chief Advocate, Ontario, President of youth health, 2007 edition, Canadian Paediatric Society, Canadian Council of Provincial Child and Youth Ottawa, 2007, pp. 16–22. Advocates, Deborah Parker-Loewen, Saskatchewan Children’s Advocate, and Janet Mirwaldt, Manitoba’s 160 Davis and Greenwood, op. cit. Children’s Advocate, Canadian Council of Provincial 161 United Nations, International Human Rights Child and Youth Advocates, Submission to the Senate Instruments, Core document forming part of the reports Standing Committee on Human Rights, Ottawa, of States Parties: Canada, HRI/CORE/1/Add.91, Office of 21 February 2005, p. 12, accessed 162 Senate of Canada, Senate Standing Committee on on 10 August 2009. Human Rights, ‘Who’s in Charge Here?’, p. 41. 178 Wilson and Symons, Written Submission to the Senate 163 Senate of Canada, Senate Standing Committee on Standing Committee on Human Rights, para. 3. Human Rights, ‘Who’s in Charge Here?’, p. 42. 179 Senate of Canada, Senate Standing Committee on 164 Wilson, Jeffery and Maryellen Symons, Written Human Rights, ‘Who’s in Charge Here?’, p. 85. Submission to the Senate Standing Committee on 180 Ibid. Human Rights, Ottawa, 13 December 2004, para. 2. 181 Austin, Sara L., World Vision Canada, Submission to the accessed on 9 August 2009. Rights and Freedoms of Children, World Vision, Toronto, 165 Ibid. 18 October 2006, pp. 5–6. 166 Vienna Convention on the Law of Treaties, A/CONF.39/27. 182 Bernstein and Cooney, ‘Child First’, op. cit., p. 15.

NOT THERE YET 69 183 Austin, Sara L., Submission to the Senate Standing 6 United Nations, Committee on the Rights of the Child, Committee on Human Rights, p. 5. Consideration of Reports Submitted by States Parties 184 Government of Norway, Ministry of Children and Family under article 44 of the Convention: Concluding Affairs, and Ministry of Foreign Affairs, ‘The Rights of observations of the Committee on the Rights of the the Child, Norway’s third report to the United Nations Child: Canada, CRC/C/15/Add.215, Office of the United Committee on the Rights of the Child – 2003’, Ministry of Nations High Commissioner for Human Rights, Geneva, Children and Family Affairs, Oslo, 2003, pp. 14-15. 27 October 2003, para. 18. 185 Senate of Canada, Senate Standing Committee on 7 Phaneuf, Gordon, from Dudding, Peter, Executive Human Rights, ‘Who’s in Charge Here?’, p. 43. Director, and Gordon Phaneuf, Director of Strategic Initiatives, Child Welfare League of Canada and National 186 McGillivray, Anne, ‘Why Children Do Have Rights: In Children’s Alliance for Children and Youth, interview with Reply to Laura Purdy’, op. cit., pp. 243–258. authors, Ottawa, 22 August 2007. CHAPTER 2 8 UNICEF Canada, Pre-Budget Consultations for 2007: Submission to the House of Commons Standing 1 United Nations, Convention on the Rights of the Child, Committee on Finance, House of Commons, Ottawa, 2007. A/RES/44/25, United Nations, New York, 20 November 1989, article 4. While the article specifically refers to 9 Phaneuf, from Dudding, Peter and Gordon Phaneuf, economic, social and cultural rights, such categorization interview with authors, Ottawa, 22 August 2007. of rights has been discounted as reflecting a dated 10 Ibid. approach to categorization. Charlesworth and Chinkin, 11 Howard, Chelsea and Jay McGrath, Futures in as well as Van Bueren, challenge the traditional Newfoundland and Labrador’s Youth, Address to the categorization of civil and political rights as distinct from Senate Standing Committee on Human Rights, St. economic, social and cultural rights. (Charlesworth, John’s, Newfoundland and Labrador, 13 June 2005, Hilary and Christine Chinkin, The boundaries of , accessed on 14 August 2009. Van Bueren, Geraldine, The International Law on the Rights of the Child, Martinus Nijhoff Publishers, 12 Government of Canada, ‘Plus 5’ Review of the 2002 Dordrecht, 1998, p. 381). The 1993 World Conference on Special Session on Children and World Fit for Children Human Rights in Vienna addressed the debate by Plan of Action: Response by Canada, Government of outlining that “all human rights are universal, indivisible Canada, Ottawa, 2007, p. 4. and interdependent and interrelated” and that they must 13 For example, see Novick, Marvyn, ‘Summoned to be equally treated (Vienna Declaration and Programme Stewardship: Make poverty reduction a collective legacy’, of Action, adopted at the World Conference on Human Campaign 2000 Policy Perspectives, Campaign 2000, Rights, A/CONF.157/24, 25 June 1993, operative Toronto, September 2007, , categorization of rights (Van Bueren, pp. 381–383). accessed on 15 October 2009. Indeed, the Convention is a holistic document, incorporating all categories of rights into one 14 Government of Canada, ‘Plus 5’ Review of the 2002 instrument, and thus its implementation should reflect Special Session, p. 4. this reform in understanding. (See Collins, Tara M., 15 Morningstar and Barrieau, cited by Blackstock, Cindy, ‘The Significance of Different Approaches to Human Executive Director, First Nations Child and Family Caring Rights Monitoring: A case study of child rights’, Society of Canada, email correspondence to co-author International Journal of Human Rights, vol. 12, no. 2, T. Collins, 16 November 2007. 2008, pp. 159–187.) 16 A report confirmed that “few governments have clear 2 Himes, James et al., ‘Resource Mobilization for the public reporting that allows the public to easily track Realization of Children’s Rights’, in Petren, Alfhild and progress throughout the required reporting period James Himes (eds.), Children’s Rights: Turning principles (2000/01 through 2005/06). None meet all of the into practice, Save the Children Sweden, Stockholm and performance and reporting requirements,” Child Care UNICEF Regional Office for South Asia, Kathmandu, Advocacy Association of Canada, ‘Making the 2000, p. 155. Connections: Using public reporting to track the progress 3 Ibid., p. 156. on child care services in Canada’, Child Care Advocacy Association of Canada, Ottawa, 16 November 2007, p. 4, 4 United Nations, Committee on the Rights of the Child, , Day of General Discussion, ‘Resources for the Rights of accessed on 11 August 2009. the Child – Responsibility of States’, Investments for the Implementation of Economic, Social and Cultural Rights 17 Government of Canada, ‘Plus 5’ Review of the 2002 of Children and International Cooperation (art. 4), Special Session, p. 5. 21 September 2007, accessed on 10 August 2009. federal Conservative strategy of offering tax credits to 5 For example, Government of Canada, ‘Speech from the employers and non-profit groups to open childcare Throne to Open the Second Session of the 37th spaces was insufficient; Galloway, Gloria, ‘Few The Globe and Parliament of Canada’, 30 September 2002, Privy Council companies keen to provide daycare’, Mail, 27 October 2007, p. A4. Office, Ottawa, accessed on 10 August 2009. Special Session, p. 16.

70 Endnotes 20 Public Accounts of Canada 2004–2005, in Independent 36 MacDonald, Noni E., and Amir Attaran, ‘Jordan’s Blue Ribbon Panel on Grant and Contribution Programs, Principle, governments’ paralysis’, Editorial, Canadian ‘From Red Tape to Clear Results: The report of the Medical Association Journal, vol. 177, no. 4, independent blue ribbon panel on grant and 14 August 2007, contribution programs’, Treasury Board of Canada accessed on11 August 2009. Secretariat, Ottawa, December 2006, p. 5. 37 Ibid. 21 The Constitution Act, 1867 outlines this federal authority 38 Ibid., quoting the Assembly of Manitoba Chiefs. in s. 91(24), and the federal obligation to pay for services 39 For example, the City of Ottawa’s Children’s Integration is in accordance with section 35 of the Constitution Act, Support Services provides a range of services to support 1982; the Indian Act protects First Nations from its own the integration of children with special needs from authority and responsibility unless under agreement 6 weeks to 10 years of age. The existence, scope and with the federal government. Assembly of First Nations, effectiveness of such services however, vary from one ‘Federal Government Funding to First Nations: The facts, centre to the next. Andrew Fleck, Child Care Services, the myths, and the way forward’, Assembly of First Children’s Integration Support Services, Nations, Ottawa, 2004, , accessed on Federal-Government-Funding-to-First-Nations.pdf> 10 September, 2007. accessed on 5 September 2007 and on 11 August 2009, p. 6. 40 Lavallee, ‘Honouring Jordan’, op. cit., p. 527. 22 Ibid., pp. 6–7. 41 MacDonald and Attaran, ‘Jordan’s Principle, 23 Blackstock, et al., 2004, cited in Rae, Judith, UN Sub- governments’ paralysis’, op. cit. Group on Indigenous Children and Young People, 42 Assembly of First Nations, Health and Social ‘Indigenous Children: Rights and reality – A report on Development Secretariat, ‘Revised Special Needs indigenous children and the U.N. Convention on the Research Proposal, Fiscal year 2007–2008’, Assembly of Rights of the Child’, First Nations Child and Family First Nations, Ottawa, revised September 2007, pp. 5–7. Caring Society of Canada, Ottawa, August 2006, 43 Ibid., pp. 4–11. accessed on 11 August 2009, p. 61. 44 Treasury Board of Canada, RPP 2007–2008, Human Resources and Social Development Canada (HRSDC), 24 Assembly of First Nations, ‘Federal Government ‘Main Estimates’, Section III, Supplementary Information, Funding to First Nations’, p. 23. Financial Highlights, from A Chance to Make a Difference for this Generation of accessed on 11 August 2009. First Nations Children and Young People: The UNCRC 45 Treasury Board of Canada, RPP 2007–2008, Indian and the lived experience of First Nations children in the Residential Schools Resolution Canada (IRSRC), ‘Main child welfare system in Canada, Submission to the Estimates’, Section III – Supplementary Information, Senate Standing Committee on Human Rights, First Table 8: Resource Requirement by Branch or Sector, Nations Child and Family Caring Society of Canada, from accessed on 11 August 2009; CommitteeOnHumanRightsFeb2005.pdf> accessed on Minister’s Message, Indian and Northern Affairs Canada, 11 August 2005. ‘Indian Residential Schools Resolution Canada, 2007- 2008 Estimates: Report on Plans and Priorities’, 26 Ibid., p. 6. , accessed on 27 October 2009. 28 Independent Blue Ribbon Panel on Grant and Contribution 46 Canadian International Development Agency, ‘Youth Programs, ‘From Red Tape to Clear Results’, p. 8. Action’, unpublished document provided to the authors, 23 October 2007, Canadian International Development 29 Ibid., p. 13. Agency, Gatineau (Quebec). 30 Ibid., p. 8. 47 Ibid. 31 Auditor General (2002 and 2003), cited in Assembly of 48 MacKenzie, Bill, Director of Policy and Federal/Provincial First Nations, ‘Federal Government Funding to First Relations, Department of Family and Community Nations’, p. 20. Services of New Brunswick, Presentation to Senate Standing Committee on Human Rights, Fredericton 32 Lemchuk-Favel, Laurel, FAV COM, ‘Federal Health (New Brunswick), 14 June 2005, pp. 2–3, Funding to First Nations in the Territories: A discussion accessed on 12 August 2009. FN-Health-Funding200751105424.pdf> accessed on 11 August 2009. 49 For example, numerous allocations for children in the April 2007 budget included: funding for career 33 Lavallee, Trudy L., ‘Honouring Jordan: Putting First Nations information officers as well as free core textbooks for all children first and funding fights second’, Paediatrics and students from kindergarten to grade 12, $11.3 million for Child Health, vol. 10, no. 9, November 2005, p. 527. the three year Excellence in Mathematics Strategy, and Blackstock, Cindy, First Nations Child and Family caring an increase to the private child care allowance; Pottle, Society of Canada, email to co-author T. Collins, Roxanne, Senior Advocacy Services Specialist, Office of 27 October 2009. the Child and Youth Advocate of Newfoundland and Labrador, Response to the questionnaire for provincial 34 Ibid., pp. 527–528. child advocates (unpublished document on file with the 35 Ibid., p. 527. authors), 24 September 2007, pp. 6–7.

NOT THERE YET 71 50 Ibid., p. 2. 65 Government of Canada, A Canada Fit for Children: Canada’s plan of action in response to the May 2002 51 Report of the Nunn Commission of Inquiry, ‘Spiralling United Nations Special Session on Children, Her out of Control: Lessons learned from a boy in trouble,’ Majesty the Queen in Right of Canada, Ottawa, he Honourable D. Merlin Nunn, Retired Justice of the April 2004, chapter V. Also see Chapter 3 about Canada’s Supreme Court of Nova Scotia, Commissioner, Library national plan of action. and Archives Canada, December 2006 accessed on 12 August 2009. 66 Santos Pais, Marta and Susan Bissell, ‘Overview and implementation of the UN Convention on the Rights of the 52 Brennan, Christine, Nova Scotia Office of the Child’, The Lancet, vol. 367, no. 9511, 25 February 2006, Ombudsman, Youth Services, Response to questionnaire p. 689. for provincial child advocates (unpublished document 67 Ibid. on file with authors), 19 September 2007, p. 5. 68 Ibid., pp. 689–690. 53 Government of Nova Scotia, ‘Helping Kids, Protecting Communities: Response to the Nunn Commission’, 69 Government of Canada, Treasury Board, 2007–2008 Government of Nova Scotia, Halifax, January 2007, Estimates - Parts I and II: The Government Expense Plan and The Main Estimates, pp. 1-7, , pre/20072008/me-bd/pub/ME-001_e.PDF>, accessed on accessed on 19 September 2007, p. 5, and accessed on 12 August 2009. 70 Ibid., p. 1–7, footnote 23. 54 Quebec, Commission des droits des personnes et des droits de la jeunesse, ‘La mise en œuvre de la Convention 71 British Columbia, Balanced Budget 2007–2007/08– relative aux droits des enfants au Québec’ (unpublished 2009/10 Service Plan, Ministry of Children and Family Development, Victoria, B.C., February 2007, p. 1, document on file with authors), October 2007. , accessed on 12 September 2007 and on poverty reduction a collective legacy’, Campaign 2000 10 August 2009. Policy Perspectives, Campaign 2000, Toronto, 72 Ibid. September 2007, pp. 38-39. 73 Montgomery, Catherine, Young Refugees Seeking 56 Ontario Liberal Party, ‘Ontario Budget 2007: Delivering for Asylum: The case of separated youth in Quebec, Centre our communities, delivering for our province’ (brochure), de recherche et de formation (Centre for Research and 2007. The budget itself containing all information in text at: Training), Montreal, 2002, p. 99, CLSC Côte-des-Neiges, , 2003, accessed 20 August 2009, p. 99. 57 Ibid. 74 Ibid. 58 Schibler, Manitoba’s Children’s Advocate, Response to questionnaire for provincial child advocates (unpublished 75 Public Health Agency of Canada, Evaluation Executive document on file with authors), 27 August 2007, p. 5. Summary: National impact evaluation of Aboriginal Head Start in urban and northern communities, 59 Government of Manitoba, Healthy Child Manitoba unpublished paper, Government of Canada, Ottawa, Office: Annual Report 2005–2006, Government of 2006, p. 1. Manitoba, Winnipeg, September 2006, 76 Ibid., p. 2. accessed on 13 September 2007, p. 23. 77 Ibid. 60 Schibler, Response to questionnaire for provincial child 78 Watson, Jill, International Policy Analyst, Division of advocates, op. cit., p. 5. Childhood and Adolescence, Public Health Agency of Canada, email to co-author (T. Collins) 14 August 2007. 61 Ibid. 79 Ibid. 62 This advance is evidence from 2001/2 fiscal year when 80 Ibid. Canada’s national plan of action is discussed financial assistance and grants totalled just over further in Chapter 3. $13 million to steady increases until the aforementioned $22.49 million for 2005/6, the last fiscal year reported; 81 Pottle, Roxanne, Response to the questionnaire for Government of Manitoba, Healthy Child Manitoba provincial child advocates, op. cit., p. 7. Office: Annual Report 2005–2006, p. 24. 82 Richard, Bernard, New Brunswick’s Child and Youth 63 Schibler, Response to questionnaire for provincial child Advocate, Response to questionnaire for provincial child advocates, op. cit., pp. 5–6. advocates (unpublished document on file with authors), 28 August 2007, p. 2. 64 Canadian International Development Agency, Political 83 Ibid., p. 4. and Social Policies Division, Policy Branch, Annual Report: CIDA’s programming in support of children, 84 United Nations, Committee on the Rights of the Child, Fiscal Year 1996–97, 1999, in Collins, Tara M., Consideration of Reports Submitted by States Parties: ‘The Monitoring of the Rights of the Child: A child rights- Concluding observations: Canada, CRC/C/15/Add. 215, based approach‘, unpublished Ph.D. dissertation (law), 27 October 2003, para. 16. University of London, London, 2005, p. 202. 85 Ibid., para. 17.

72 Endnotes 86 Dryden, Ken, Minister of Social Development, 113 Ibid., pp. 11, 14–15. Presentation to Senate Committee, Proceedings of the 114 Ibid., p. 3. Senate Standing Committee on Human Rights’, Senate of Canada, Ottawa, 26 September 2005. 115 UNICEF Canada, Pre-budget consultations for 2007: Submission to the House of Commons Standing 87 ‘From Red Tape to Clear Results’, p. 5. Committee on Finance - Discussion Theme, The Tax 88 Ibid., p. 6. System the Country Needs for a Prosperous Future: 89 Ibid. A Child Friendly Budget for Canada, UNICEF Canada, Toronto, 2007, p. 1. 90 Ibid. 116 Ibid. 91 Ibid., p. 7. 92 Johns Hopkins Comparative Nonprofit Sector Project, 117 Ibid., p. 5. cited in Scott, Katherine and Marilyn Struthers, Pan- 118 Fisher, Nigel, UNICEF Canada, and Peter Dudding, Child Canadian Funding Practice in Communities: Welfare League of Canada, Letter to The Honourable James Challenges and opportunities for the Government of Flaherty, Minister of Finance [Canada], 29 June 2006. Canada: Executive Summary, Canadian Council on , accessed on 17 August 2009. accessed on 5 September 2007 119 United Nations, Committee on the Rights of the Child, and on 13 August 2009. Day of General Discussion, 21 September 2007, 93 ‘From Red Tape to Clear Results’, p. 13. accessed on 17 August 2009. However, World Vision 94 Scott, Katherine, Funding Matters: The impact of International’s submission was coordinated by World Canada’s new funding regime on nonprofit and Vision Canada; refer to World Vision International, World voluntary organizations, Canadian Council on Social Vision International’s Submission to the Committee on Development, Ottawa, 2003, p. 149, accessed on 13 August 2009. Resources for the Rights of the Child – Responsibility of 95 ‘From Red Tape to Clear Results’, p. 13. States, 21 September 2007, from accessed on 20August 2007. 97 Scott, Funding Matters, op. cit., p. xiv. 120 Authors’ interview with Marie Adèle Davis, Executive 98 Scott, Funding Matters, op. cit., p. xiii. Director, and Jill Greenwood, Senior Coordinator of 99 Scott and Struthers, Pan-Canadian Funding Practice in Executive and Government Affairs, Canadian Paediatric Communities, op. cit., p. 2. Society, Ottawa, 15 August 2007. 100 Ibid. 121 Fisher, Nigel and Peter Dudding, ‘Letter to The 101 Ibid., p. 3. Honourable James Flaherty’, op. cit., p. 2. 102 Formsma, Jocelyn, authors’ interview with Cindy 122 Senate of Canada, Senate Standing Committee on Blackstock, Executive Director, First Nations Child and Human Rights, ‘Children: The silenced citizens’, Ottawa, Family Caring Society, and Jocelyn Formsma, youth April 2007. respondent, National Association of Friendship Centres, 123 Barberton, Conrad and John Stuart, Re-Costing the Ottawa, 29 August 2007. Child Justice Bill: Updating the original costing taking 103 Ibid. into consideration changes made to the bill, AFReC (Pty) 104 Scott, Funding Matters, op. cit., p. 149. Ltd., Cape Town (South Africa), May 2001, cited in Collins, ‘The Monitoring of the Rights of the Child’, op. 105 See Chapter on ‘Child Rights Education, Awareness-Raising cit., p. 159; also see United Nations Children’s Fund, and Training’, discussion of civil society in this report. Reforming Child Law in South Africa: Budgeting and 106 Collins, ‘The Monitoring of the Rights of the Child’, implementation planning, Case Study, UNICEF op. cit., Chapter Four. Innocenti Research Centre, Florence, 2007. 107 Scott, Funding Matters, op. cit., p. 150. 124 United Nations, Committee on the Rights of the Child, 108 Scott, Funding Matters, op. cit., p. 154. Consideration of Reports Submitted by States Parties 109 Alexander, J., et al., 1999, cited in Scott, Funding under article 44 of the Convention: Concluding Matters, op. cit., p.155. observations of the Committee on the Rights of the Child: South Africa, 28/01/2000, CRC/C/15/Add.122, Office 110 Scott and Struthers, Pan-Canadian Funding Practice in of the United Nations High Commissioner for Human Communities, op. cit., pp. 8–9. Rights, Geneva, 2000, para. 15, cited in Collins, 111 Community Social Planning Council of Toronto, ‘Faces of ‘The Monitoring of the Rights of the Child’, op. cit., p. 159. the Cuts: The impact of federal program cuts on communities in Toronto – An early look at selected areas 125 Canadian Council on Social Development, The Progress slated for funding cuts’, Forum convened by Community of Canada’s Children and Youth 2006, Canadian Council Social Planning Council of Toronto, Toronto, 11 October on Social Development, Ottawa, 2006, 2006, p. 7, accessed 126 In Howard, Chelsea and Jay McGrath, Address to the on 21 September 2007 and on 13 August 2009. Senate Standing Committee on Human Rights, op. cit., 112 Ibid. pp. 7–8.

NOT THERE YET 73 CHAPTER 3 14 McLellan, Anne, Minister of Health, and Jane Stewart, 1 United Nations, Convention on the Rights of the Child, Minister of Human Resources Development Canada, A/RES/44/25, United Nations, New York, 20 November 1989. ‘Letter to Senator Pearson’, Ottawa, 2003, p. 3. 2 United Nations, Committee on the Rights of the Child, 15 Pearson, Landon, ‘NPA Update’, Newsletter No. 2, The General Comment No. 5 (2003): General measures of Office of Senator Landon Pearson, Ottawa, (document implementation of the Convention on the Rights of the on file with the authors), December 2003, p. 1. Child (arts. 4, 42, and 44(6)), CRC/GC/2003/5, Office of 16 Government of Canada, A Canada Fit for Children. the United Nations High Commissioner for Human 17 Pearson, Landon, ‘NPA Update’, op. cit., p. 1. Rights, Geneva, 3 October 2003, para. 28. 18 The last NPA category replaces the UN Special Session 3 The United Nations General Assembly Special Session on Children’s priority area of combatting HIV/AIDS, on Children was held at the United Nations in New York, which is incorporated in the goal of promoting healthy from 8 to 10 May 2002. lives in both domestic and international priorities, in 4 Government of Quebec, Report to the UN Special order to reflect Canadian priorities identified during Session on Children, ‘Un Québec digne des enfants : le consultations. See further: Government of Canada, plan d’action pour les enfants’, Government of Quebec, A Canada Fit for Children, op. cit., pp. 41, 50–64. Montreal, 27 January 2005. 19 Government of Canada, A Canada Fit for Children, 5 Canadian Commission for the International Year of the para. 11, p. 17. Child 1979, For Canada’s Children: National agenda for action, Canadian Commission for the International Year 20 International Labour Organization [ILO], General of the Child 1979, Ottawa, 1980. Conference of the International Labour Organization, Minimum Age for Admission to Employment (No. 138), 6 United Nations, Declaration of the Rights of the Child, International Labour Organization, Geneva, General Assembly resolution 1386(XIV), United Nations, 26 June 1973. New York, 20 November 1959. 21 International Labour Organization [ILO], General 7 Government of Canada, Health and Welfare Canada, Conference of the International Labour Organization, Action for Canada’s Children: Overview; the Government Convention concerning the Prohibition and Immediate of Canada response to recommendations arising from Action for the Elimination of the Worst Forms of Child the International Year of the Child, Health and Welfare Labour (No. 182), International Labour Organization, Canada, Ottawa, September 1985. Geneva, 17 June 1999. 8 United Nations, World Summit for Children, United 22 See examples: Senate of Canada, Report on the 2000– Nations, New York, 29–30 September 1990. 2001 Activities: Canadian Strategy Against Commercial 9 Government of Canada, Health and Welfare Canada, Sexual Exploitation of Children and Youth as Follow-up Communications Branch, Brighter Futures: Canada’s to the First World Congress in Stockholm, 1996, Office of action plan for children, Government of Canada Health the Honourable Landon Pearson, Senate of Canada, and Welfare, Communications Branch, Ottawa, 1992. Ottawa, 2001; and Senate of Canada, Provincial and 10 Toope, Stephen, ‘The Convention on the Rights of the Territorial Responses to Address the Exploitation of Child: Implications for Canada’, in Freeman M., (ed.), Children and Youth in the Sex Trade 2000–2005, Office of Children’s Rights: A comparative perspective, the Honourable Landon Pearson, Senate of Canada, Dartmouth Publishing, Aldershot (U.K.), 1995, pp. 34, 56. Ottawa, January 2006. 11 United Nations Committee on the Rights of the Child, 23 Declaration and Agenda for Action of Sexually Exploited General Comment no. 5 (2003), CRC/GC/2003/5, Children and Youth, ‘Out of the Shadows: International 3 October 2003, para. 34. Summit of Sexually Exploited Youth’, ratified by the 12 Government of Canada, A Canada Fit for Children: Youth Delegates, Victoria, B.C. (Canada), 12 March 1998, Canada’s plan of action in response to the May 2002 accessed on United Nations Special Session on Children, Ottawa, 17 August 2009. April, 2004, III(1).19, Office of the Child and Youth Advocate of Newfoundland accessed on 17 August 2009. and Labrador, Response to questionnaire for provincial 13 Government of Canada, News Release, ‘A Framework to child advocates (unpublished document on file with Improve the Social Union for Canadians: An agreement authors), 24 September 2007, p. 7. between the Government of Canada and the 25 Ibid., p. 8. Governments of the Provinces and Territories’, Government of Canada, February 4, 1999, 26 Brennan, Christine, Nova Scotia Office of the accessed Ombudsman, Youth Services, Response to questionnaire on 18 August 2009; Government of Canada, for provincial child advocates (unpublished document Federal/Provincial/Territorial Early Childhood on file with authors), 19 September 2007, p. 6. Development Agreement, The Well-Being of Canada’s 27 Government of Quebec, ‘Un Québec digne des enfants’ Young Children, Government of Canada Report 2003, (A Quebec Fit for Children), op. cit., p. 11. Human Resources Development Canada and Health 28 See further Chapter 7 about Manitoba’s impressive Canada, Ottawa, 2003, accessed on 17 August 2007 Healthy Kids, Healthy Futures: Task force report, and 17 August 2009; Government of Canada, Federal/Provincial/Territorial Early Childhood Development Agreement, The Well-Being of Canada’s accessed on 20 August 2007 and 17 August 2009. Young Children: Government of Canada Report 2002, 29 Government of Manitoba, Healthy Child Manitoba Office: Human Resources Development Canada and Health Annual Report 2005–2006, Government of Manitoba, Canada, Ottawa, 2002, accessed on 17 August 2007 and about/annual_report_2005_06.pdf> accessed on 17 August 2009. 13 September 2007, p. 7.

74 Endnotes 30 See further Chapter 7. Schibler, Billie, Manitoba’s 46 See Mackinnon, Martha, Executive Director, and Cheryl Children’s Advocate, Response to questionnaire for Milne, Staff Counsel, Justice for Children and Youth and provincial child advocates (unpublished document on Canadian Foundation for Children, Youth and the Law, file with authors), 27 August 2007, p. 6. ‘Accountability to and for Canada’s Children and Youth, 31 Government of Ontario, Backgrounder: Ontario’s Best Start Brief to the Senate Standing Committee on Human plan, Government of Ontario, Toronto, 29 January 2007, Rights: Canada’s international obligations to the rights accessed on 26 September 2007, Children, Youth and the Law, Toronto, 18 April 2005, p. 9. accessed on 17 August 2009. 47 United Nations, Committee on the Rights of the Child, 32 Healthy Child Development Advisory Committee, For Consideration of Reports Submitted by States Parties: our Children: A strategy for healthy child development, Concluding observations: Canada, CRC/C/15/Add.215, Summary report, Island Information Services, Prince 27 October 2003; Senate of Canada, Senate Standing Edward Island, October 2000, accessed on and ‘Children: The silenced citizens’, Senate of Canada, 12 September 2007. accessed on 17 August 2009. Ottawa, April 2007. 33 See further: Success By 6 British Columbia ; Success by 6 Ottawa CHAPTER 4 ; Success By 6 Alberta [includes Edmonton and Calgary], ; Peel Children’s Centre, respectively, accessed on 10 October 2007 and 17 August 2009. 2 Ottawa Focus Group, convened by and cited in Collins, ‘Monitoring: More than a report’, in Droits de l’enfant : 34 City of Toronto, Children and Youth Action Committee, Actes de la Conférence internationale (Rights of the Action Plan for Children 2003, (unpublished document on file with the authors), 2003. Child: Proceedings of the International Conference), Ottawa, 2007; Collins et al. (eds.), Wilson & Lafleur, 35 Ibid., p. 1. Montreal, 2008, update 2002, , accessed on 17 August 2009. Monitoring of the Rights of the Child: A child rights- 37 Senate of Canada, Senate Standing Committee on based approach’, Ph.D. dissertation (law), University of Human Rights, ‘Who’s In Charge Here?’, Senate of London, London, 2005, Chapter 1. Canada, Ottawa, November 2005, Appendix F, p. 180; Government of Canada, ‘Plus 5’ Review of the 2002 3 United Nations, Committee on the Rights of the Child, Special Session on Children and World Fit for Children Consideration of Reports Submitted by States Parties Plan of Action: Response by Canada, Government of under article 44 of the Convention: Concluding Canada, Ottawa, 2007. observations: Canada, CRC/C/15/Add.37, Office of the 38 United Nations, Committee on the Rights of the Child, United Nations High Commissioner for Human Rights, General Comment no. 5 (2003), CRC/GC/2003/5, Geneva, 20 June 1995, para. 9. 3 October 2003, para. 35. 4 United Nations, Committee on the Rights of the Child, 39 Ibid., para. 29. Consideration of Reports Submitted by States Parties 40 Ibid., para. 33. under article 44 of the Convention: Concluding 41 United Nations, Committee on the Rights of the Child, observations: Canada, CRC/C/15/Add.215, 27 October 2003, General Comment No. 5 (2003), CRC/GC/2003/5, para. 11. 3 October 2003, Part B; also see United Nations Children’s Fund, Summary Report: Study on the impact 5 Senate of Canada, Senate Standing Committee on of the implementation of the Convention on the Rights Human Rights, ‘Children: The silenced citizens: Effective of the Child, UNICEF Innocenti Research Centre, implementation of Canada’s international obligations Florence, 2004, p. 17. See further Chapter 7. with respect to the rights of children – Final Report’, 42 United Nations, Committee on the Rights of the Child, Senate of Canada, Ottawa, April 2007, Section D(1). Consideration of Reports Submitted by States Parties 6 Department of Canadian Heritage, ‘Preparation of Concluding observations: Canada, CRC/C/15/Add.215, Canada’s reports to the United Nations on Office of the United Nations High Commissioner for implementation of international human right treaties, Human Rights, Geneva, 27 October 2003, paras. 12, 13. unpublished paper on file with the authors, Canadian 43 Government of Canada, ‘Plus 5’ Review of the 2002 Heritage, Gatineau, August 2007. Special Session on Children. 7 Government of Canada, News Release, ‘A Framework to 44 Ibid., p. 12. In this example, the report is outdated in its reference to the expected release of the Senate Human Improve the Social Union for Canadians: An Agreement Rights Committee’s final report “at the end of March between the Government of Canada and the 2007.”The official release was in August 2007. Governments of the Provinces and Territories’, 45 United Nations, Committee on the Rights of the Child, Government of Canada, 4 February 1999, General Comment No. 5 (2003), CRC/GC/2003/5, accessed 3 October 2003, paras. 32, 33. on 18 August 2009.

NOT THERE YET 75 8 There are several reports in the series: For example, 17 Senate of Canada, Senate Standing Committee on Government of Canada The Well-Being of Canada’s Young Human Rights, ‘Children: The silenced citizens’, Senate Children, Government of Canada Report 2006, and of Canada, Ottawa, April 2007, p. 223, . Affairs Canada, 2007, accessed on 28 February 2008 and Centre, Cape Breton University, ‘Canada’s Compliance on 18 August 2009; Government of Canada, Early with the UN Convention on the Rights of the Child: Childhood Development Activities and Expenditures Comments to the Senate Standing Committee on Human and Early Learning and Child Care Activities and Rights’, 7 February 2005, p. 6, . Social Development Canada, the Public Health Agency of Canada, and Indian and Northern Affairs Canada, 19 Authors’ interview with Kathy Vandergrift, President, Her Majesty the Queen in Right of Canada, 2007, Canadian Coalition for the Rights of Children, Ottawa, 29 August 2007. accessed on 28 February 2008 also accessed on 20 United Nations, Committee on the Rights of the Child, 18 August 2009; Government of Canada, The Well-Being General Guidelines Regarding the Form and Content of of Canada’s Young Children, Report 2003, Periodic Reports to be Submitted by States Parties under article 44, Paragraph 1(b), of the Convention, accessed on 17 August 2007 also accessed on CRC/C/58/Rev.1, Office of the United Nations High 18 August 2009; Government of Canada, Federal/ Commissioner for Human Rights, Geneva, Provincial/Territorial Early Childhood Development 29 November 2005, para. 6. Agreement, The Well-Being of Canada’s Young Children: Government of Canada report 2002, Human Resources 21 See, for example, Covell, ‘Canada’s Compliance with the Development Canada and Health Canada, 2002, UN Convention on the Rights of the Child’, op. cit., p. 5. accessed 22 See Rae, Judith, UN Sub-Group on Indigenous Children on 17 August 2007 and on 18 August 2009. and Young People, Indigenous Children: Rights and Reality 9 Government of Canada, Early Childhood Development – A report on Indigenous Children and the U.N. Convention Activities and Expenditures and Early Learning and on the Rights of the Child, First Nations Child and Family Child Care Activities and Expenditures 2004–2005 and Caring Society of Canada, Ottawa, August 2006, p. 88, 2005–2006, 2007, Section 1, p. 49. accessed on 23 August 2009. 10 Government of Canada, ‘The National Child Benefit Progress Report: 2006’, , accessed on 24 Blackstock et al., cited in Ibid., p. 89. 18 August 2009. 25 Rae, Indigenous Children, op. cit., pp. 90-91. 11 See further Statistics Canada, National Longitudinal Survey 26 Landon Pearson Resource Centre for the Study of of Children and Youth (NLSCY), accessed on 18 August 2009. children‘, Final Report, Landon Pearson Resource Centre 12 Public Health Agency of Canada, Canadian Incidence Study for the Study of Childhood and Children’s Rights, of Reported Child Abuse and Neglect (CIS), Public Health Ottawa, June 2007, p. 16. Agency of Canada, Ottawa, accessed on 4 February 2008 and on 18 August 2009; also see Dudding, Peter, Child Welfare 28 National Council of Welfare, First Nations, Métis and League of Canada, Presentation to the Senate Standing Inuit Children and Youth: Time to act, vol. 127, National Committee on Human Rights, Child Welfare League of Council of Welfare, Ottawa, Fall 2007, pp. 1–2. Canada, Ottawa, 14 February 2005, p. 5, Democracy, Human Rights, and Labor, ‘2008 Country accessed on 18 August 2009. Reports on Human Rights Practices [Canada], 13 Hotte, Jean-Pierre, Directeur général, Association des 25 February 2009, accessed on 20 August 2007. co-author T. Collins, Montreal, 7 September 2007. 30 United Nations Children’s Fund, ‘Child Poverty in 14 Phaneuf, Gordon, authors’ interview with Peter Perspective: An overview of child well-being in rich Dudding, Executive Director, and Gordon Phaneuf, countries’, Innocenti Report Card 7, UNICEF Innocenti Director of Strategic Initiatives, Child Welfare League of Research Centre, Florence, 2007. Canada and National Children’s Alliance for Children and 31 Child Welfare League of Canada, ‘UNICEF Report Youth, Ottawa, 22 August 2007. Highlights Canadian Complacency: Why are we ok with 15 United Nations, Committee on the Rights of the Child, #12?’ Press Release, Child Welfare League, Ottawa, Consideration of Reports Submitted by States Parties: February 2007, . 27 October 2003, para. 19. 32 Collins, ‘The Monitoring of the Rights of the Child’, 16 Ibid. op. cit., Chapter 4.

76 Endnotes 33 MacKenzie, Bill, Director of Policy and Federal/Provincial 46 Canadian Coalition for the Rights of Children, The UN Relations, Department of Family and Community Convention on the Rights of the Child: How does Services, New Brunswick, ‘Presentation to Senate Canada measure up? 2003 Update to Canada’s Report to Standing Committee on Human Rights’, Fredericton, the Committee for the Rights of Children, Canadian New Brunswick, 14 June 2005, p. 5. Coalition for the Rights of Children, Ottawa, May 2003, , accessed on 18 August 2009. Child Advocate for Ontario and current President of the Canadian Council of Provincial Child and Youth 47 Canadian Coalition for the Rights of Children, Advocates, 20 August 2007. Monitoring Children’s Rights: A toolkit for community- based organizations, Canadian Coalition for the Rights 35 Brennan, Christine, Nova Scotia Office of the of Children, Ottawa, 2003. Ombudsman, Youth Services, Response to questionnaire 48 For example, Canadian Council on Social Development, for provincial child advocates (unpublished document The Progress of Canada’s Children and Youth 2006, on file with the authors), 19 September 2007, p. 1. Canadian Council on Social Development, Ottawa, 2006, 36 Savoury, George, Senior Director, Family and Children’s . Services, Government of Nova Scotia, ‘Opening 49 See Mamow Sha-way-gi-kay-win North-South Remarks to Senate Standing Committee on Human Partnership for Children in Remote First Nations Rights’, Senate of Canada, Halifax (Nova Scotia), Communities, Mishkeegogamang Ojibway Nation 16 June 2005, p. 11, accessed on Communities, Mamow Sha-way-gi-kay-win, 2007, p. 5, 18 August 2009. Report, Office of the Ombudsman, Halifax (Nova Scotia), accessed on 24 September 2007 and on 18 August 2009. 2009, p. 10, accessed on 18 August 2009. 51 Ibid., pp. 32–33. 38 MacKenzie, Bill, ‘Presentation to Standing Senate 52 Canadian Paediatric Society, Are We Doing Enough? A Committee on Human Rights’, 14 June 2005, op. cit., p. 3. status report on Canadian public policy and child and 39 Richard, Bernard, New Brunswick’s Child and Youth youth health, 2007 edition, Canadian Paediatric Society, Advocate, Response to questionnaire for provincial child Ottawa, 2007, pp. 16–22, 28 August 2007, p. 1. 53 Authors’ interview with Marie Adèle Davis, Executive Director, and Jill Greenwood, Senior Coordinator of 40 Pottle, Roxanne, Senior Advocacy Services Specialist, Executive and Government Affairs, Canadian Paediatric Office of the Child and Youth Advocate of Newfoundland Society, Ottawa, 15 August 2007. and Labrador, Response to the questionnaire for provincial child advocates, 24 September 2007, p. 8. 54 See Lavallee, Trudy L., ‘Honouring Jordan: Putting First Nations children first and funding fights second’, 41 Schibler, Billie, Manitoba’s Children’s Advocate, Paediatrics and Child Health, vol. 10, no. 9, Response to questionnaire for provincial child advocates November 2005, p. 527. (unpublished document on file with authors), 55 Canadian Paediatric Society, Are We Doing Enough?, 27 August 2007, p. 7. pp. 24–25. 42 Collins, ‘Monitoring: More than a report’, op. cit., and 56 Ibid., pp. 26–27. Collins, ‘The Monitoring of the Rights of the Child’, op. cit., Chapter 6. 57 Canadian Institute of Child Health (CICH), Kidder, Karen, Jonathan Stein and Jeannine Fraser, The Health of 43 Society for Children and Youth of British Columbia, Canada’s Children: A CICH profile, third edition, ‘The UN Convention on the Rights of the Child – Does Canadian Institute of Child Health, Ottawa, 2000. Domestic Legislation Measure Up?’, Society for Children 58 Canadian Council on Social Development, The Annie E. and Youth, Vancouver, 1998. Casey Foundation, and Red por los Derechos de la 44 Society for Children and Youth of British Columbia, Infancia en México, Growing up in North America: Child Canada, Rights Awareness Project (RAP), The UN health and safety in Canada, the United States, and Convention on the Rights of the Child: 1. Guidelines for Mexico, Annie E. Casey Foundation, Baltimore, 2007, Policy Development; 2. A Model for Assessing Policy Compliance; 3. Supplement. Vancouver: Society for accessed on 18 August 2009. Children and Youth of British Columbia, Canada, 2001. 59 Davis, Marie Adèle, from authors’ interview with 45 Canadian Coalition for the Rights of Children, Marie Adèle Davis and Jill Greenwood, Ottawa, The UN Convention on the Rights of the Child: How does 15 August 2007. Canada measure up?, Canadian Coalition for the Rights of Children, Ottawa, 1999, p. 122; also see Fanjoy, Silvia and 60 Assembly of First Nations, Health and Social Secretariat, Susan Sullivan, Canada and the UN Convention on the ‘The Development of a First Nations Health Reporting Rights of the Child: Developing a monitoring Framework’, Assembly of First Nations, Ottawa, framework, Canadian Coalition for the Rights of May 2006, Children, Ottawa, March 1997. accessed on 13 September 2007, p. 2.

NOT THERE YET 77 61 United Nations Children’s Fund, George, Sharon, What’s 80 Pottle, Response to questionnaire for provincial child Rights for Some – 18 @ 18: A portrait of Canada’s first advocates, op. cit., p. 8. generation growing up under the UN Convention on the 81 Collins, Tara M., ‘The Significance of Different Rights of the Child, UNICEF Canada, Toronto, 2007, Approaches to Human Rights Monitoring: A case study , accessed on 18 August 2009. 62 For example, see their most recent edited book: Howe, 82 Santos Pais, Marta and Susan Bissell, ‘Overview and R. Brian and Katherine Covell (eds.), A Question of implementation of the UN Convention on the Rights of Commitment: Children’s rights in Canada, Wilfrid the Child’, The Lancet, vol. 367, issue no. 9511, Laurier University Press, Waterloo, Ontario, 2007. 25 February 2006, p. 690. 63 For example, Bailey and Bala at Queen’s University 83 Examples include: Corrigan, Carmel, The Development worked with Child Welfare League of Canada to monitor and Implementation of Child Impact Statements in Ireland, Ontario and federal legislation: Bailey, Martha, Nicholas Office of the Minister for Children, Dublin, March 2006. Bala and the Child Welfare League of Canada, Does Ontario and Federal Legislation Comply with the CHAPTER 5 U.N. Convention on the Rights of the Child?, Child Welfare League of Canada, Ottawa, 1999. 1 Senate of Canada, Senate Standing Committee on Human Rights, ‘Children: The silenced citizens: Effective 64 The centres are: the International Institute for Child implementation of Canada’s international obligations Rights and Development at the University of Victoria, with respect to the rights of children – Final Report’, which convenes conferences and conducts international Senate of Canada, Ottawa, April 2007, p. 195. development, and the Children’s Rights Centre, University College of Cape Breton (NS), which supports 2 Covell, Katherine, ‘Children’s Rights Education: Canada’s curricula and education and international development. best-kept secret’, in Howe, R. Brian and Katherine Covell (eds.), A Question of Commitment: Children’s rights in 65 For example, Willms, J. Douglas (ed.), Vulnerable Canada, Wilfrid Laurier University Press, Waterloo, Children: Findings from Canada’s national longitudinal survey of children and youth, University of Alberta Ontario, 2007, p. 241. Press, Edmonton, 2002. 3 Megan Fitzgerald, cited in Senate Standing Committee 66 Collins, ‘The Monitoring of the Rights of the Child’, on Human Rights, ‘Children: The silenced citizens – op. cit., p. 198. Final Report’, op. cit., p. 196. 67 Ibid., pp. 197–198. 4 Government of Canada, Canadian Heritage, ‘Human Rights Program’, accessed on 14 August 2007. The list of 189> accessed on 7 September 2009. publications, including Canada’s national plan of action, 69 Covell, Katherine, Seen, Heard and Believed: What A Canada Fit for Children, available in online, printed or youth say about violence – for the UN Secretary- alternative formats, can be found at General’s Study on Violence Against Children, Canadian , Council of Provincial Child and Youth Advocates, UNICEF, accessed on 14 August 2007 and on 19 August 2009. Save the Children Canada, Toronto, 2006, p. 29, accessed on 18 August 2009. Contributions Program, , accessed on 14 August 2007 70 Ibid., p. 30. and 19 August 2009. 71 See Chapter 5 for further details about awareness-raising and education efforts for the Convention in Canada. 6 University of Ottawa, ‘International Conference on the Rights of the Child’,15–17 March 2007, details at accessed on 14 August 74 Ibid., p. 13. Young people consulted in June 2007 had 2007 and 19 August 2009; Brock University, ‘Investment and numerous ideas of how to engage young people in Citizenship: Towards a transdisciplinary dialogue on child the process. and youth rights’, St. Catharine’s, Ontario, 19–21 July 2006, accessed on 19 August 75 United Nations, Committee on the Rights of the Child, 2009; UNICEF’s year-long programme, entitled, ‘Halfway Consideration of Reports Submitted by States Parties: There: A Canada fit for children in a world fit for children’, Concluding observations: Canada, CRC/C/15/Add.215, 27 October 2003, para. 2. accessed on 20 August 2007and on 19 August 2009. 76 Schibler, Response to questionnaire for provincial child 7 Government of Canada, Treasury Board of Canada advocates, op. cit., p. 7. Secretariat, 2006–2007 Estimates - Parts I and II: The 77 Richard, Response to questionnaire for provincial child government expense plan and the main estimates, advocates, op. cit., p. 5. Government of Canada, Ottawa, 2006, p. 1–99 (pdf p. 95), 78 Brennan, Nova Scotia Office of the Ombudsman, Youth and p. 5–8 (pdf p. 142), accessed on advocates, (unpublished document on file with authors), 14 August 2007. op. cit., p. 6. 8 See further Covell, Katherine, ‘Children’s Rights 79 Collins, The Monitoring of the Rights of the Child, op. cit, Education: Canada’s best-kept secret’, in Howe, R. Brian chapter 4. and Katherine Covell (eds.), 2007, op. cit., p. 45.

78 Endnotes 9 Pottle, Roxanne, Senior Advocacy Services Specialist, 24 Covell, Katherine, Executive Director, Children’s Rights Office of the Child and Youth Advocate of Newfoundland Centre, Cape Breton University, ‘Canada’s Compliance and Labrador, Response to the questionnaire for with the UN Convention on the Rights of the Child: provincial child advocates, 24 September 2007, pp. 2, 5. Comments to the Senate Standing Committee on Human Rights’, Senate Standing Committee on Human 10 See for example, Canadian Child Care Federation, Rights, Ottawa, 7 February 2005, p. 2, accessed on parlbus/commbus/senate/Com-e/huma-e/04ev- 10 February 2008. , ncdnov20_en.htm> accessed on 20 August 2009. accessed on 20 August 2009. 11 Lisa Wolff, UNICEF Canada, cited in Senate of Canada, 25 Ipsos-Reid, National Children’s Day 2005, Canadians Reflect Senate Standing Committee on Human Rights, on the State of Children in Canada, 19 November 2005, ‘Children: The silenced citizens’, Senate of Canada, . Ottawa, April 2007, p. 195. 26 Society for Children and Youth of BC, Child and Youth 12 United Nations, Committee on the Rights of the Child, Officer for British Columbia, and Institute for Safe Schools Consideration of Reports Submitted by States Parties of British Columbia, ‘Child Rights Public Awareness under article 44 of the Convention: Concluding Campaign: Ipsos Reid Survey Summary’, 2006, observations of the Committee on the Rights of the accessed on 25 September 2007 and Nations High Commissioner for Human Rights, Geneva, on 17 August 2009. 20 June 1995, para. 27. 27 Landon Pearson Resource Centre for the Study of 13 Covell, Katherine, ‘Children’s Rights Education: Canada’s Childhood and Children’s Rights, ‘Shaking the Movers – Speaking truth to power: Civil and political rights of best-kept secret’, in A Question of Commitment, op. cit., children’, Final Report, Ottawa, Landon Pearson p. 243. Resource Centre for the Study of Childhood and 14 United Nations, Committee on the Rights of the Child, Children’s Rights, Ottawa, June 2007, p. 6. Consideration of Reports Submitted by States Parties: 28 Ibid. Canada, CRC/C/15/Add. 215, 27 October 2003, para. 61. 29 Egan, Kelly, ‘Vote on children’s rights blasted as “anti- 15 Mandville, Mary, Ministry of Justice, Newfoundland and parent”‘, Ottawa Citizen, 5 November 1999; and Alberts, Labrador, Submission to the [Standing] Senate Sheldon, ‘Alberta schools warned to get parental OK for Committee [on Human Rights], St. John’s, nationwide student vote on UN rights’, The National Newfoundland and Labrador, 12 June 2005, p. 4. Post, 10 November 1999. 16 Pottle, Response to the questionnaire, op. cit., p. 2. 30 Landon Pearson Resource Centre for the Study of 17 Ibid., pp. 2–4. Childhood and Children’s Rights, ‘Shaking the Movers’, p. 6. 18 Ibid., p. 5. 31 Ibid., p. 12. 19 However, domestic programming of Save the Children 32 Chandler, Sarah, ‘Final Report: Child rights awareness campaign’, op. cit. Canada was eliminated in 2007. Authors’ telephone interview with Judy Finlay, former Child Advocate for 33 Landon Pearson Resource Centre for the Study of Ontario and President of the Canadian Council of Childhood and Children’s Rights, ‘Shaking the Movers’, p. 11. Provincial Child and Youth Advocates, 20 August 2007; 34 Ibid. and Brennan, Christine, Nova Scotia Office of the 35 Ibid., p. 6. Ombudsman, Youth Services, Response to questionnaire for provincial child advocates (unpublished document 36 United Nations, Committee on the Rights of the Child, on file with authors), 19 September 2007, p. 4. Consideration of Reports Submitted by States Parties: Concluding observations: Canada, CRC/C/15/Add. 215, 20 Brennan, Christine, Nova Scotia Office of the 27 October 2003, para. 45(b). Ombudsman, Youth Services, Response to questionnaire 37 Society for Children and Youth of BC, Child and Youth for provincial child advocates (unpublished document Officer for British Columbia, and Institute for Safe on file with authors), 19 September 2007, op. cit. pp. 1, 3. Schools of British Columbia, ‘Child Rights Public 21 Ibid., p. 4. Awareness Campaign: Ipsos Reid Survey Summary’, 22 La Loi sur la protection de la jeunesse (Youth Protection 2006. Act) R.S.Q., current version in force since 27 July 2009. c. P- 38 Covell, Katherine, ‘Canada’s Compliance with the 34.1, s. 23(d), available at , accessed 5 September 2009. Education’, op. cit., p. 248. 23 Chandler, Sarah, ‘Final Report: Child rights awareness 39 For details of the difficult, time-consuming process to campaign’, Focus Groups, Representative for Children support Nova Scotia’s adoption of the curriculum, see and Youth of BC, Society for Children and Youth of BC, Covell, Katherine, ‘Children’s Rights Education’, op. cit., Institute for Safe Schools and Communities of BC, pp. 247–248. Executive Summary, unpublished document on file with 40 Covell, telephone interview with co-author, authors, Vancouver, 2007. 26 September 2007.

NOT THERE YET 79 41 Covell, Katherine, and R. Brian Howe, ‘Children’s Rights 52 Murray, Ellen, personal communications with co-author Education Curriculum Resources’, accessed on 25 53 Murray, Ellen, The World Around Us: A thematic September 2007. See: Children’s Rights Centre of the primary-level curriculum for children’s rights education, University College of Cape Breton, Sydney (Nova Scotia), EM Educational Services, 1994, 2000, p. 1. Children’s Rights Curriculum Resources, at 54 Borg, Charlotte, Uqausiliriniq – Grade 9 – Say Yes to accessed on 20 August 2009. responsibilities, Department of Education, Curriculum 42 Cape Breton University, Children’s Rights Centre, ‘About and School Services Document, Nunavut, 2005. the Centre’, and ‘Reports: Rights respect and accessed responsibility: Report on the Hampshire country initiative’, on 20 August 2009. and , both accessed on 15 October 2009. initiative’, New Zealand, accessed on children/indexall.php?id=C0_4_1> accessed on 15 October 2009. 25 September 2007.. 56 Covell, telephone interview with co-author, op. cit. 44 Covell K. and R. Brian Howe, ‘Rights Respect and Responsibility: Final report on the Hampshire County 57 Ibid. Initiative Rights Education Initiative’, Children’s Rights 58 Authors’ interview with Peter Dudding, Executive Centre, Cape Breton University, Nova Scotia, Director, and Gordon Phaneuf, Director of Strategic September 2008, p. 22. Initiatives, Child Welfare League of Canada and National 45 Ibid. Children’s Alliance for Children and Youth, Ottawa, 22 August 2007. 46 Covell, telephone interview with co-author T. Collins, op. cit. 59 Phaneuf, Gordon, in authors’ interview with Dudding 47 Covell and Howe, ‘Rights Respect and Responsibility’, and Phaneuf, op. cit. op. cit., p. 25. 60 Ibid. 48 ‘Building Human Rights Communities in Education 61 Covell, ‘Children’s Rights Education’, op. cit., p. 241. Initiative’, Human Rights Community, issue 1, New Zealand. 62 Ibid., p. 253. 49 Covell, telephone interview with co-author, op. cit. 63 Ibid., p. 249. 50 Mandeville, Mary, Ministry of Justice, Newfoundland 64 Ibid., p. 248. and Labrador, stated to the Senate Standing Committee 65 Brennan, Christine, Response to questionnaire, op. cit., p. 4. on Human Rights that in Newfoundland and Labrador, 66 An advisory committee for this initiative began its work “content-related concepts are taught specifically in the in 2007. Social Studies curriculum for all grades. There are specific references to the Convention in the Curriculum 67 International Institute for Child Rights and Development guide for grades K–3, 4–6, and high school level (IICRD), ‘Child Rights Education for Professionals: courses.... There is now new content on the Convention Boulton Initiative’, IICRD, Victoria, undated, contained in the K–2 curriculum guide and the Grade 9 given to distribution of copies of the Convention in the accessed on 22 January 2009 and on 20 August 2009. schools.”Mandeville, Mary, op. cit., p. 4. 68 Surveys are discussed above; Covell, Katherine, 51 Bill MacKenzie informed that the New Brunswick telephone interview with co-author T. Collins, op. cit. Anglophone social studies curriculum for kindergarten 69 Lum, Teresa, Kathy Berggren-Clive and Annette Harding, to grade 2 refers to United Nations conventions, and ‘Rights 2 Success – Project Summary: A community- teachers are specifically asked to utilize activities to raise based model of rights education for young people in children’s awareness of their rights. The francophone care and at risk and the adults who work with them’, sector however, does not specifically identify outcomes October 2006, sponsored by the Federation of BC Youth in related to the Convention on the Rights of the Child but Care Networks, the Child and Youth Officer for BC many teachers (particularly those responsible for grades (predecessor to the current Representative for Children), 5 to 10) utilize the Convention in their teaching. and the Ministry of Children and Family Development, MacKenzie, Bill, Director of Policy and Federal/Provincial accessed on 25 September 2007, accessed on 20 August 2009. of the Senate on Human Rights’, Fredericton (New 70 C. Blackstock, from authors’ interview with Cindy Brunswick), 14 June 2005, p. 6, respondent, National Association of Friendship Centres, accessed on 20 August 2009. Ottawa, 29 August 2007.

80 Endnotes 71 Ibid., p. 7. The lack of clarity is due to the planned 86 Mackinnon, Martha, Executive Director, and Cheryl replacement of the Child Officer for BC with a Milne, Staff Counsel, Justice for Children and Youth and Representative for Children as well as changes within Canadian Foundation for Children, Youth and the Law, the Ministry for Children and Family Development. ‘Accountability to and for Canada’s Children and Youth, Brief to the Senate Standing Committee on Human 72 Save the Children UK, Children’s Rights: A teacher’s Rights: Canada’s International Obligations to the Rights guide, Save the Children Fund, London, 2006, and Freedoms of Children’, Canadian Foundation for accessed on 25 September 2007. 87 Authors’ interview with Kathy Vandergrift, President, accessed on 20 August 2009. 29 August 2007, op. cit. 73 Email to author from Lisa Wolff, Director, Advocacy and 88 Mackinnon and Milne, ‘Accountability to and for Education, UNICEF Canada, 14 September 2007. Canada’s Children and Youth’, op. cit., p. 11. 74 UNICEF Canada, ‘UNICEF Canada’s Education for 89 United Nations, Committee on the Rights of the Child, Development Programme and YouCanTrust: Reaching Consideration of Reports Submitted by States Parties: Higher Together, Report 2006–2007, Proposal 2007–2008’ Concluding Observations: Canada, CRC/C/15/Add.37, (PowerPoint presentation), UNICEF Canada, Toronto, slide 3. 20 June 1995, para. 19. 75 Covell, Katherine and R. Brian Howe, ‘Agenda: Children’s 90 Senate of Canada, Senate Standing Committee on Human Rights Education Workshop for UNICEF Area Education Rights, ‘Children: The silenced citizens’, pp. 198–201. Managers’, (internal document), UNICEF Canada, Toronto, 5–6 February 2007. CHAPTER 6 76 UNICEF Canada, ‘UNICEF Canada’s Education for 1 Landon Pearson Resource Centre for the Study of Development Programme and YouCanTrust’, (internal Childhood and Children’s Rights, ‘Shaking the Movers – document), slide 3. Speaking truth to power: Civil and political rights of children’, Final Report, Landon Pearson Resource Centre 77 United Nations Association in Canada, ‘What Kind of for the Study of Childhood and Children’s Rights, World’, facilitator’s package, Ottawa, accessed on 11 October 2007 2 Ibid., p. 13. and on 20 August 2009. 3 United Nations General Assembly, National institutions 78 As examples, see: World Vision Canada’s educational for the promotion and protection of human rights, resources on human rights, accessed on 17 August 2009. 4 United Nations, Principles relating to the Status of Plan currently has a project to promote the rights and National Institutions (The Paris Principles), General participation of children in Indonesia, Plan Canada, Assembly resolution 48/134, United Nations, New York, ‘CIDA Projects’, accessed on 11 October 2007 and on 20 August 2009. 5 For example, Cantwell notes the doubling of the number of independent institutions for children in only four 79 Authors’ interview with Kathy Vandergrift, President, years: Cantwell, Nigel, ‘Editorial’ in United Nations Canadian Coalition for the Rights of Children, Ottawa, Children’s Fund, ‘Independent Institutions Protecting 29 August 2007. Children’s Rights’, Innocenti Digest no. 8, UNICEF Innocenti Research Centre, Florence, June 2001, p. 1. 80 Authors’ interview with Marie Adèle Davis, Executive Director, and Jill Greenwood, Senior Coordinator of 6 See further Newell, Peter, and Holmberg, Barbro, ‘A Executive and Government Affairs, Canadian Paediatric ‘Watchdog’ for Children’s Rights’, in Children’s Rights: Society, Ottawa, 15 August 2007. Turning principles into practice, Petren, Alfhild and 81 Ibid. James Himes (eds.), Save the Children Sweden and UNICEF Regional Office for South Asia, Stockholm and 82 Buscemi, cited in in Rae, Judith, UN Sub-Group on Kathmandu, pp. 173–189. Indigenous Children and Young People, Indigenous 7 United Nations, Convention on the Rights of the Child, Children: Rights and reality – A report on Indigenous A/RES/44/25, United Nations, New York, 20 November 1989. Children and the U.N. Convention on the Rights of the Child, First Nations Child and Family Caring Society of 8 MacDonald, Noni E., ‘A National Office for Children and Canada, Ottawa, August 2006, p. 99. Youth’, Paediatrics & Child Health, vol. 12, no. 1, Canadian Paediatric Society, Ottawa, January 2007, p. 11. 83 Davis, Marie Adèle, from authors’ interview with Marie 9 Canadian Human Rights Commission, ‘Resources: Adèle Davis and Jill Greenwood, op. cit. Frequently Asked Questions – About the Commission’, 84 Cook, Philip, and Natasha Blanchet-Cohen, Creative accessed on Tools: Civic engagement of young people, International 14 August 2007.and 21 August 2009. Institute for Child Rights and Development, Victoria, 10 Authors’ interview with Cindy Blackstock, Executive 2006, see Director, First Nations Child and Family Caring Society accessed on 25 September 2007 and on 20 August 2009. and Jocelyn Formsma, youth respondent, National 85 Phaneuf, Gordon, from authors’ interview with Dudding Association of Friendship Centres, 29 August 2007. and Phaneuf, Ottawa, 22 August 2007, op. cit. 11 Ibid.

NOT THERE YET 81 12 Ibid. 28 Canadian Coalition for the Rights of Children, News 13 First Nations Child and Family Caring Society of Canada, Release: ‘No Borders for the Rights of Children in Wen:de Series of Reports Summary Sheet, Canada’, 26 April 2007, accessed on 17 July 2007. Society of Canada, Ottawa, , p. 4, accessed on 248> accessed on 21 August 2009. 17 September 2007 and on 19 August 2009. 29 Müller, Urte Children As Strong As Nations: 14 Authors’ interview with Cindy Blackstock, op cit. Background, reasons and arguments for introducing a 15 Senate of Canada, Senate Standing Committee on right of petition, Kindernothilfe, Duisburg, Germany, Human Rights, ‘Children: The silenced citizens: Effective , implementation of Canada’s international obligations accessed on 15 October 2009. with respect to the rights of children – Final Report’, 30 Authors’ interview with Kathy Vandergrift, op. cit. Senate of Canada, Ottawa, April 2007, p. 210. 31 Pearson, Senator Landon and Karen Kraft Sloan, Member 16 Authors’ interview with Cindy Blackstock, op. cit. of Parliament, A Commissioner for Canada’s Children, 17 United Nations, Committee on the Rights of the Child, Office of Senator Landon Pearson, Ottawa, 2001. Consideration of Reports Submitted by States Parties 32 Noël, Jean-François, Director General, International under article 44 of the Convention: Concluding observations: Canada, CRC/C/15/Add.215, Office of the Bureau for Children’s Rights, Submission to the Senate United Nations High Commissioner for Human Rights, Standing Human Rights Committee, Senate of Canada, Geneva, 27 October 2003, paras. 14–15. Ottawa, 21 February 2005, p. 12, accessed on 21 August 2009. under article 44 of the Convention: Concluding observations of the Committee on the Rights of the 33 Mackinnon, Martha, Executive Director, and Cheryl Child: Canada, CRC/C/15/Add.37, Office of the United Milne, Staff Counsel, Justice for Children and Youth and Nations High Commissioner for Human Rights, Geneva, Canadian Foundation for Children, Youth and the Law, 20 June 1995. ‘Accountability to and for Canada’s Children and Youth – 19 MacDonald, ‘A National Office for Children and Youth’, Brief to the Senate Standing Committee on Human op. cit., p. 12. Rights: Canada’s international obligations to the rights 20 Ibid. and freedoms of children’, Canadian Foundation for Children, Youth and the Law, Toronto, 18 April 2005, p. 9, 21 Senate of Canada, Senate Standing Committee on accessed on 21 August 2009. Child and Family Service Advocacy, Toronto, Canadian Council of Provincial Child and Youth Advocates, 34 Austin, Sara L., World Vision Canada, Submission to the Deborah Parker-Loewen, President of the Council and Senate Standing Committee on Human Rights Children’s Advocate, Saskatchewan, and Janet Mirwaldt, Concerning Canada’s International Obligations to the Manitoba’s Children’s Advocate, Canadian Council of Rights and Freedoms of Children, World Vision, Toronto, Provincial Child and Youth Advocates, Submission to the 18 October 2006, p. 9, accessed on accessed on 21 August 2009. 35 Ibid., p. 10. 23 Brennan, Christine, Supervisor, Youth and Senior 36 Ibid. Services, and Sonya Ferrara, Ombudman Representative 37 Austin, Sara L., and Victoria Lam, World Vision Canada, of Youth and Senior Services, Nova Scotia Office of the ‘Legislative Measures for the Implementation of the Ombudman, Submission to the Senate Standing Convention on the Rights of the Child: International Committee on Human Rights, Senate of Canada, Halifax Lessons Learned and Recommendations for the (Nova Scotia), 16 June 2005, p. 2, accessed on 21 August 2009. Standing Committee on Human Rights, World Vision, Toronto, 20 November 2006, pp. 30–36. 24 Ibid. 38 Landon Pearson Resource Centre for the Study of 25 Authors’ interview with Judy Finlay, former Child Childhood and Children’s Rights, ‘Shaking the Movers – Advocate for Ontario and President of the Canadian Council of Provincial Child and Youth Advocates, Toronto, Speaking truth to power: Civil and political rights of 20 August 2007. children’, Final Report, Landon Pearson Resource Centre for the Study of Childhood and Children’s Rights, 26 Authors’ interview with Kathy Vandergrift, President, Ottawa, June 2007, p. 13. Canadian Coalition for the Rights of Children, Ottawa, 29 August 2007. 39 Ibid. 27 Ibid. 40 Ibid.

82 Endnotes 41 The exception is the specific mandate of child advocates 63 Ibid., p. 1. that exists within some commissions, e.g. Nova Scotia. 64 Ibid., p. 2. Authors’ interview with Kathy Vandergrift, President, Canadian Coalition for the Rights of Children, Ottawa, 65 Ombudsman and Children’s Advocate Act, R.S.S. 1978, 29 August 2007. . c.0-4, in Austin, Sara and Victoria Lam, Legislative 42 United Nations, Committee on the Rights of the Child, Measures for the Implementation of the Convention on Consideration of Reports Submitted by States Parties: the Rights of the Child, op. cit., Appendix V: Summary of Concluding Observations: Canada, CRC/C/15/Add.215, 27 Legislation Establishing Commissioners for Children. October 2003, para. 14. 66 Pottle, Roxanne, Senior Advocacy Services Specialist, 43 Ibid., para. 15. Since that comment was made, new Office of the Child and Youth Advocate of Newfoundland offices have been established. There are now offices in and Labrador, Response to the questionnaire for nine provinces. provincial child advocates, 24 September 2007, pp. 1, 2. 44 Ontario, Provincial Advocate for Children and Youth Act, 67 Ibid., p. 2. 2007, S.O. 2007, c. 9. 68 Ibid., p. 4. 45 Authors’ interview with Judy Finlay, op. cit. 69 Sections 3(3)(c) and 3(5)(a) respectively of the Child, 46 Ibid. Youth and Family Enhancement Act, R.S.A. 2000 c.C-12; 47 Ibid. Austin, Sara and Victoria Lam, Appendix V: Summary of Legislation Establishing Commissioners for Children. 48 MacKenzie, Bill, Director of Policy and Federal/Provincial Relations, Department of Family and Community 70 The latter Act is discussed in Chapter One of this report; Services, New Brunswick, Presentation to Standing Austin, Sara and Victoria Lam, Appendix V: Summary of Committee of the Senate on Human Rights, Fredericton, Legislation Establishing Commissioners for Children. New Brunswick, 14 June 2005, pp. 3–4. 71 La Loi sur la protection de la jeunesse (Youth Protection 49 Richard, Bernard, New Brunswick’s Child and Youth Act) R.S.Q., current version in force since 27 July 2009, Advocate, Response to questionnaire for provincial child c. P-34.1, s. 23. Available at , accessed 5 September 2009. 28 August 2007, p. 1. 72 La Loi sur la protection de la jeunesse, c. P-34.1, s. 23(c) 50 Richard, New Brunswick’s Child and Youth Advocate, email and 25.3 respectively, cited in Collins, ‘The Monitoring to Landon Pearson accompanying Response to of the Rights of the Child’, Chapter 4, p. 194. questionnaire for provincial child advocates, 28 August 2007. 73 Giroux, Céline avocate, Vice-présidente, Commission 51 Richard, Response to questionnaire, op. cit., p. 3. des droits de la personne et des droits de la jeunesse 52 Brennan, Christine, Nova Scotia Office of the (Québec), (transl. from French) interview with T. Collins, Ombudsman, Youth Services, Information Excerpt, 19 Montreal, 3 January 2003, in Collins, op.cit. September 2007, p. 1. 74 Authors’ telephone interview with Judy Finlay, op. cit. 53 Brennan, Christine, Supervisor of Youth and Senior Services, and Sonya Ferrara, Ombudsman 75 Pottle, Response to questionnaire, 24 September 2007, p. 3. Representative of Youth and Senior Services, Office of 76 Ibid. the Ombudsman of Nova Scotia, Youth Services, Points for Discussion with the Standing [Senate] Committee on 77 Bernstein, Marvin, Saskatchewan Children’s Advocate, Human Rights, 16 June 2005. International Children’s Day Celebrations, Communities for Children, 24 November 2005, p. 11. 54 Brennan, Christine and Sonya Ferrara, Submission to the Senate Standing Committee on Human Rights, 78 Ibid., pp. 11–12. op. cit., p. 3. 79 See further Collins, ‘The Monitoring of the Rights of the 55 Brennan and Ferrara, Submission to The Senate Child’, op. cit., Chapter 4. Standing Committee on Human Rights, p. 1. 80 Bernstein, Marvin, Saskatchewan’s Children’s Advocate, 56 Ibid. For example, in 2003–2004, the Children’s Section and Glenda Cooney, Deputy Children’s Advocate, ‘Child of the Office received 259 complaints and inquiries, First” – The Right focus: Brief to the Senate Standing conducted 243 administrative reviews, 16 referrals and 2 Committee on Human Rights: Canada’s International investigations; Office of the Ombudsman Nova Scotia, Obligations to the Rights and Freedoms of Children’, Annual Report April 1, 2003– March 31, 2004, Office of Saskatchewan Children’s Advocate Office, Regina, the Ombudsman, Halifax, p. 20. Saskatchewan, 19 September 2006, p. 9, 19 September 2007, p. 2. accessed on 21 August 2009. 58 Ibid. 81 Ibid., p. 15. 59 Ibid., p. 3. 82 Schibler, Response to questionnaire, 27 August 2007, 60 Brennan, Information Excerpt, op. cit., p. 2. op. cit., p. 7. 61 Brennan, Response to questionnaire, op. cit., p. 4. 83 Pottle, ‘Response to questionnaire, op. cit., p. 9. 62 Schibler, Billie, Manitoba’s Children’s Advocate, 84 Coalition of Child Care Advocates BC, 2006, cited in Response to questionnaire for provincial child advocates Collins, Tara M., ‘Domestic Child Rights Monitoring: (unpublished document on file with authors), Lessons from Canada and South Africa’, draft article on 27 August 2007, p. 1. file with co-author, p. 9.

NOT THERE YET 83 85 Government of Canada, ‘Plus 5’ Review of the 2002 18 Senate of Canada, Senate Standing Committee on Special Session on Children and World Fit for Children Human Rights, ‘Who’s in Charge Here?: Effective Plan of Action: Response by Canada, Government of implementation of Canada’s international obligations Canada, Ottawa, 2007, pp. 12–13. with respect to the rights of children, Interim Report’, Senate of Canada, Ottawa, November 2005, p. 107. 86 Senate of Canada, Senate Standing Committee on Human Rights, ‘Children: The silenced citizens’, op. cit. 19 Ibid., pp. 107-109. 20 Government of Canada, A Canada Fit for Children: CHAPTER 7 Canada’s plan of action in response to the May 2002 1 United Nations, Convention on the Rights of the Child, United Nations Special Session on Children, Ottawa, A/RES/44/25, United Nations, New York, 20 November 1989. April 2004, p. 27. 2 Senate of Canada, Senate Standing Committee on 21 Government of Manitoba, ‘Healthy Child Manitoba Human Rights, ‘Children: The silenced citizens: Effective Office: Annual Report 2005–2006’, Winnipeg, implementation of Canada’s international obligations Government of Manitoba, Winnipeg, 2006, p. 7, accessed on 13 September 2007 and on Senate of Canada, Ottawa, April 2007, pp. 17–18. 22 August 2009. 3 Ibid., p. 18. 22 Ibid. 4 Ibid., p. 20. 23 Schibler, Billie, Manitoba’s Children’s Advocate, 5 Ibid., p. 229. Response to questionnaire for provincial child advocates 6 The government’s strategy against sexual exploitation is (unpublished document on file with authors), discussed in Chapter 3. 27 August 2007, p. 4. 7 Health Council of Canada, Their Future is Now: Healthy 24 Vivian-Book, Lynn, Assistant Deputy Minister, Ministry of choices for Canada’s children and youth, Health Council Health and Community Services, Newfoundland and of Canada, Toronto, June 2006, pp. 3, 49. Labrador, Submission to the Senate Standing Committee on Human Rights (unpublished document on 8 See further Mental Health Commission of Canada, file with authors), 12 June 2005, pp. 8–9. accessed on 22 August 2009. Newfoundland and Labrador’s Youth), Address to the 9 Dudding, Peter, authors’ interview with Peter Dudding, Senate Standing Committee on Human Rights, Executive Director, and Gordon Phaneuf, Director of St. John’s (Newfoundland and Labrador), 13 June 2005, Strategic Initiatives, Child Welfare League of Canada and p. 3. accessed on 14 August 2009. 10 See Public Health Agency of Canada, ‘Program Guide: 26 Pottle, Roxanne, Senior Advocacy Services Specialist, Centres of excellence for children’s well being’, Centres Office of the Child and Youth Advocate of Newfoundland of Excellence Secretariat, Ottawa, October 2000, and Labrador, Response to questionnaire for provincial accessed on 20 November 2007 and authors), 24 September 2007, p. 9. on 22 August 2009. 27 British Columbia Ministry of Children and Family 11 See PREVNet (Promoting Relationships and Eliminating Development, Youth Advisory Council, and Council Violence), accessed on 20 November 2007. Members, and accessed on 12 September 2007. accessed on 20 November 2007 and on 22 August 2009. 28 Savoury, George, Senior Director, Family and Children’s Services, Government of Nova Scotia, Opening Remarks 13 Phaneuf, Gordon, from authors’ interview with Peter to Senate Standing Committee on Human Rights, Dudding and Gordon Phaneuf, Ottawa, 22 August 2007, Senate of Canada, Halifax (Nova Scotia), 16 June 2005, op. cit. accessed on 19 August 2009. Touchstones of hope for indigenous children, youth 29 Ibid., p. 3. and families, First Nations Child and Family Caring 30 Ibid., p. 10. Society of Canada, Portland, Oregon and National Indian Child Welfare Association, Ottawa, 2006, 31 Brennan, Christine, Nova Scotia Office of the accessed on 17 September 2007. 19 September 2007, p. 2. 16 Formsma, Jocelyn, authors’ interview with Cindy 32 Bernard Richard, New Brunswick’s Child and Youth Blackstock, Executive Director, First Nations Child and Advocate, Response to questionnaire for provincial child Family Caring Society and Jocelyn Formsma, youth advocates (unpublished document on file with authors), respondent, National Association of Friendship Centres, 28 August 2007, p. 1. 29 August 2007. 33 Ibid., p.3. 17 Blackstock, Reconciliation in Child Welfare, op. cit. 34 Ibid., p. 6.

84 Endnotes 35 See Conseil de la famille et de l’enfance 49 Mackinnon, Martha, Executive Director, and Cheryl accessed on 20 November 2007 Milne, Staff Counsel, Justice for Children and Youth and and on 22 August 2009. Quebec, Commission des droits Canadian Foundation for Children, Youth and the Law, des personnes et des droits de la jeunesse, ‘La mise en ‘Accountability to and for Canada’s Children and Youth – œuvre de la Convention relative aux droits des enfants Brief to the Senate Standing Committee on Human au Québec’, (unpublished document on file with Rights: Canada’s international obligations to the rights authors), October 2007, p. 35. and freedoms of children’, Canadian Foundation for Children, Youth and the Law, Toronto, 18 April 2005, p. 3. 36 Quebec, Conseil permanent de la jeunesse, 50 Howe, R. Brian, ‘Implementing Children’s Rights in a accessed on 20 November 2007. Federal State: The case of Canada’s child protection 37 Quebec, Commission des droits des personnes et des system’, International Journal of Children’s Rights, droits de la jeunesse, ‘La mise en œuvre de la no. 9, 2001, Kluwer Law International, p. 361, Convention relative aux droits des enfants au Québec’ accessed on 23 August 2009. 38 This Committee is also discussed in Chapter 1 of this 51 Cindy Blackstock, Executive Director, First Nations Child report. Legislative Assembly of British Columbia, Select and Family Caring Society, email contribution to co-author Standing Committee on Children and Youth: Terms of T. Collins, 31 December 2007. Reference, 38th Parliament, Third Session, 52 See Canadian Paediatric Society, Are We Doing Enough? accessed on 12 September 2007. youth health, 2007 edition, Canadian Paediatric Society, Ottawa, 2007, pp. 16–22. 39 See Society for Children and Youth of BC and First Call BC Child and Youth 53 Senate of Canada, Senate Standing Committee on Advocacy Coalition respectively, Human Rights, ‘Children: The silenced citizens’, p. 222. accessed on 20 November 2007 and on 22 August 2009. 54 United Kingdom, HM Treasury Cabinet Office, The Future 40 See Sparrow Lake Alliance and Role of the Third Sector in Social and Economic Voices for Children, which ceased operation in July Regeneration: Final report, Series no. Cm 7189, Crown, London, July 2007, , both accessed on future_role_of_the_third_sector_in_economic_and_ 20 November 2007. social_regeneration.pdf>, accessed on 21 November 2007, 41 See North-South Partnership for Children accessed on finalreport.pdf>, accessed on 22 August 2009. 20 November 2007. 55 Dudding, Peter, Executive Director, Child Welfare League 42 Child and Youth Friendly Ottawa (CAYFO), of Canada, Presentation to the Senate Standing accessed on 22 August 2009. Committee on Human Rights, Senate of Canada, Ottawa, 14 February 2005, pp. 5–6. 43 YouthScape. Community Based. Youth Paced. accessed on 56 Davis, Marie Adèle, Executive Director, and Jill 20 November 2007 and on 19 August 2009. Greenwood, Senior Coordinator of Executive and Government Affairs, Canadian Paediatric Society, 44 Government of Canada, ‘Plus 5’ Review of the 2002 Special Interview with authors, Ottawa, 15 August 2007. Session on Children and World Fit for Children Plan of 57 Dudding, Peter, Child Welfare League of Canada, Action: Response by Canada, Government of Canada, Presentation to the Senate Standing Committee on Ottawa, 2007, p. 5. accessed on 22 August 2009. 58 This is evidenced by the lengthy delay by the Prime Minister’s Office to release the Government of Canada’s 45 United Nations, Committee on the Rights of the Child, response to UNICEF about the Special Session on Consideration of Reports Submitted by States Parties Children +5. under article 44 of the Convention: Concluding 59 Senate of Canada, Senate Standing Committee on observations of the Committee on the Rights of the Human Rights, ‘Children: The silenced citizens’, p. 239. Child: Canada, CRC/C/15/Add.37, Office of the United Nations High Commissioner for Human Rights, Geneva, 60 Phaneuf, Gordon, authors’ interview with Peter Dudding 20 June 1995, para. 9. and Gordon Phaneuf, Ottawa, 22 August 2007, op. cit. 61 Davis, Marie Adèle, op. cit. 46 Ibid., para. 20. 47 United Nations, Committee on the Rights of the Child, CHAPTER 8 Consideration of Reports Submitted by States Parties under article 44 of the Convention: Concluding 1 Landon Pearson Resource Centre for the Study of Childhood and Children’s Rights, ‘Shaking the Movers – observations: Canada, CRC/C/15/Add.215, Office of the Speaking truth to power: Civil and political rights of United Nations High Commissioner for Human Rights, children, Final Report’, Landon Pearson Resource Centre Geneva, 27 October 2003, para. 10. for the Study of Childhood and Children’s Rights, 48 Ibid., para. 11. Ottawa, June 2007, p. 11.

NOT THERE YET 85 2 Sixteen-year-old quoted in Save the Children Canada, 18 The Child Engagement Experts Resource Team (CEERT) A Canada Fit for Children: A report on the realities for is described in A message from the young people of young people in Canada today, Toronto, Save the CEERT, in Government of Canada, A Canada Fit for Children Canada, July 2001, p. 35. Children: Canada’s Plan of Action in Response to the May 2002 United Nations Special Session on Children, 3 Canadian Coalition for the Rights of Children (CCRC), Ottawa, April, 2004, pp. 11–12. ‘How does Canada measure up?’, Ottawa, Canadian Coalition for the Rights of Children, 1999, p. 27. 19 Universal Declaration of Human Rights, preamble, cited in Collins, The Monitoring of the Rights of the Child, 4 Ibid., p. 28. 2005, p. 17. 5 United Nations, Convention on the Rights of the Child, 20 United Nations, Committee on the Rights of the Child, A/RES/44/25, United Nations, New York, 20 November 1989. Third Draft, General Comment article 12, July 2007, 6 McGillivray, Anne, ‘Childhood in the Shadow of Parens para. 1, accessed on Multiple Images: Perspectives on the child across time, 23 August 2009. space and disciplines, University of Toronto Press, 21 United Nations Children’s Fund, A World Fit for Us, Toronto, 2004, p. 60. UNICEF, New York, 2002. 7 Senate of Canada, Senate Standing Committee on 22 Collins, ‘The Monitoring of the Rights of the Child’, Human Rights, ‘Who’s in Charge Here?: Effective op. cit., p. 17. Implementation of Canada’s International Obligations 23 Ibid. with respect to the Rights of Children - ‘Interim report’, Senate of Canada, Ottawa, November 2005. 24 See Taking ITGlobal, accessed on 23 August 2009. 8 The recent (20 May 2009) announcement that one of three new thematic priorities of the Canadian 25 See Department of Justice, Canada, ‘Parenting After International Development Agency (CIDA) would be Divorce’, and “securing the future of children and youth” strikes, however, a more positive note. accessed on 23 August 2009. 9 This point was heard by co-author Landon Pearson at 26 See McCain, Margaret N. and J. Fraser Mustard, Early meeting of the National Alliance for Children and Youth, Years Study: Final report – Reversing the real brain Ottawa, 27 November 2007. drain, Children’s Secretariat, Toronto, April 1999; and 10 Voluntary Sector Initiative, about the VSI accessed on Shanker, Early Years Study 2: Putting science into action, 4 December 2007 and on 23 August 2009. Council for Early Child Development, Toronto, March 2007. 11 The Honourable Senator Landon Pearson was a member 27 See Human Early Learning Partnership, Faculty Profile – of the Senate Standing Committee on Aboriginal Dr. Clyde Hertzman, ; United Nations, Committee on the Rights of the Child, General Comment No. 7 (2005): 12 First Nations Child and Family Caring Society of Canada, Implementing child rights in early childhood, Strategic Directions accessed on 4 December 2007 Commissioner for Human Rights, Geneva, and on 23 August 2009. 20 September 2006 and Heart – Part 1, accessed on 23 August 2009. doc.nsf/%28Symbol%29/7cfcdace016acd61c 1257214004713a4?Opendocument> accessed on 14 See for example, Cherry Kingsley – Recognizing the 24 August 2009. Person, at accessed on 4 December 2007; and Moffatt, Rhonda, 28 Westley, Frances, Brenda Zimmerman and Michael EA to the Vice President and General Manager, CJOH Patton, Getting to Maybe: How the world is changed, Random House Canada, Toronto, 2006. Television, Ottawa, email to co-author T. Collins, 11 September 2009. 29 Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights, 15 See further Rowan, David, ‘The Times: Investigation – A/CONF.157/24, 25 June 1993, operative paragraph 5. Marketing to the under-fives,’ The Times (UK), 18 October 2002, accessed on Relationship, An Accord Between the Government of 4 December 2007 and on 23 August 2009. Canada and the Voluntary Sector, December 2001, , accessed on 11 August 2009. Pearson, Co-Chair of the Joint Parliamentary Committee on Child Custody and Access, 1997–1998, and long- 31 Statistics Canada, Cornerstones of Community: standing member of the Senate Standing Committee on Highlights of the National Survey of Non-Profit and Legal and Constitutional Affairs, 1995–2005, Ottawa. Voluntary Sector Organizations, Government of Canada, Ottawa, 2004, accessed on 11 August 2009; and Nations General Assembly Special Session on Children, Statistics Canada, The Daily, ‘National Survey of Non- May 10–12, 2002, Lecture at Child Rights in Practice: Tools profit and Voluntary Organizations’, 20 September 2004, for Social Change conference, University of Victoria, , accessed on 27 October 2009.

86 Endnotes 32 United Nations, Committee on the Rights of the Child, 36 Black (1994), cited in Collins, ‘The Monitoring of the Third Draft, General Comment, article 12, Office of the Rights of the Child’, 2005, p. 8. United Nations High Commissioner for Human Rights, 37 For example, Success by 6 Peel, Charter of Rights, Geneva, July 2007, para. 11. accessed on 4 December 2007; Canada’s Plan of Action in Response to the May 2002 Pearson, Landon, ‘The Role of Community in the Way United Nations Special Session on Children, Ottawa, Forward for Children’, Lecture at Spring Forward! Early April 2004, para. 10, p. 16. Years National Conference, Toronto, (unpublished paper on file with the author), 28 March 2007. 34 See, for example, Children’s Commissioner, United Kingdom, accessed on 4 December 2007. 35 See Cybertip.ca – Canada’s National Tipline for Reporting the Online Sexual Exploitation of Children, accessed on 23 August 2009.

NOT THERE YET 87