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Women and the Canada Social Transfer

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Women and the Canada Social Transfer Women and the Canada Social Transfer: Securing the Social Union Shelagh Day and Gwen Brodsky The research and publication of this study were funded by Status of Women Canada’s Policy Research Fund. This document expresses the views of the authors and does not necessarily represent the official policy of Status of Women Canada or the Government of Canada. March 2007 Status of Women Canada is committed to ensuring that all research produced through the Policy Research Fund adheres to high methodological, ethical and professional standards. Specialists in the field anonymously review each paper and provide comments on: • The accuracy, completeness and timeliness of the information presented; • The extent to which the methodology used and the data collected support the analysis and recommendations; • The original contribution the report would make to existing work on this subject, and its usefulness to equality-seeking organizations, advocacy communities, government policy makers, researchers and other target audiences. Status of Women Canada thanks those who contribute to this peer-review process. Project Manager: Pam Roper and Jo Anne de Lepper, Status of Women Canada Publishing and Translation Co-ordinator: Cathy Hallessey, Status of Women Canada Editing and Layout: PMF Editorial Services Inc. / PMF Services de rédaction inc. For more information, contact: Research Directorate Status of Women Canada 123 Slater Street, 10th floor Ottawa, Ontario K1P 1H9 Telephone: (613) 995-7835 Facsimile: (613) 957-3359 TDD: (613) 996-1322 TABLE OF CONTENTS LIST OF TABLES............................................................................................................. iii LIST OF ACRONYMS ..................................................................................................... iv PREFACE............................................................................................................................v ACKNOWLEDGMENTS ................................................................................................. vi ABOUT THE AUTHORS ................................................................................................ vii EXECUTIVE SUMMARY ............................................................................................. viii INTRODUCTION ...............................................................................................................1 1. WOMEN, SOCIAL PROGRAMS, HUMAN RIGHTS AND NATIONAL STANDARDS..........................................................................................5 Women in Canada: A Snapshot .....................................................................................5 Social Programs and Human Rights ..............................................................................7 Protecting the Social Union and Operationalizing Human Rights Norms...................10 National Standards and the Federal Role .....................................................................11 Quebec and the Rest of Canada....................................................................................12 Aboriginal Women.......................................................................................................14 Summary ......................................................................................................................15 2. SOCIAL PROGRAMS AND FISCAL FEDERALISM .............................................16 National Social Programs and Fiscal Federalism ........................................................20 Social Assistance and Social Services .........................................................................23 The 1995 Transformation ............................................................................................25 The 1995-2005 Decade................................................................................................26 The Social Union Framework Agreement ...................................................................28 Summary......................................................................................................................34 3. THE FALL-OUT .........................................................................................................36 Social Assistance .........................................................................................................36 Legal Aid .....................................................................................................................43 Summary......................................................................................................................46 4. CAN HUMAN RIGHTS MECHANISMS FILL THE POST CAP VACUUM?........47 Charter Litigation.........................................................................................................48 Resisting Equality Rights Claims: The Blueprint........................................................53 The Supreme Court of Canada Decisions in NAPE and Gosselin...............................53 Human Rights Complaints...........................................................................................58 Stereotyping and Prejudice ..........................................................................................58 ii The Duty to Accommodate..........................................................................................60 Human Rights Treaties ................................................................................................64 Deficiencies in Canada’s Compliance with International Human Rights Law ...........64 All Levels of Government Are Responsible for Human Rights Treaty Obligations...66 No Discernible Response.............................................................................................68 Summary......................................................................................................................68 5. FEDERAL GOVERNMENT JURISDICTION TO ESTABLISH AND MAINTAIN NATIONAL STANDARDS..................................................................70 Jurisdiction Over Social Programs...............................................................................70 Social Assistance and Related Services and the Federal Spending Power..................73 Section 36 of the Constitution Act, 1982 .....................................................................75 Adapting Confederation to Modern Realities and Accommodating Quebec ..............77 National Standards Have a Dual Aspect......................................................................79 The Federal POGG Power ...........................................................................................80 Summary......................................................................................................................81 6. BEING ACCOUNTABLE FOR RIGHTS AND MONEY .........................................83 Desired Outcomes........................................................................................................83 Legislation: A New Canada Social Programs Act.......................................................84 Accountability Mechanisms.........................................................................................89 Conclusion ...................................................................................................................93 BIBLIOGRAPHY..............................................................................................................95 ENDNOTES ....................................................................................................................120 LIST OF TABLES 1 Welfare Rates after 2002 Cuts .....................................................................................37 2 Blueprint for Resisting Claims.....................................................................................52 ACRONYMS CACL Canadian Association for Community Living CAP Canada Assistance Plan CASW Canadian Association of Social Workers CBA Canadian Bar Association CCD Council of Canadians with Disabilities CCPA Canadian Centre for Policy Alternatives CCSD Canadian Council on Social Development CEDAW Convention on the Elimination of All Forms of Discrimination against Women CERD Convention on the Elimination of All Forms of Racial Discrimination CERA Centre for Equality Rights in Accommodation CESCR Committee on Economic, Social and Cultural Rights CHA Canada Health Act CHST Canada Health and Social Transfer CHT Canada Health Transfer CPP Canada Pension Plan CPRN Canadian Policy Research Network CRC Convention on the Rights of the Child CSIL Choices in Supports for Independent Living program CST Canada Social Transfer CUPE Canadian Union of Postal Workers ECDA Early Childhood and Development Agreement EPF Established Programs Financing GIS Guaranteed Income Supplement GDP Gross domestic product GNP Gross national product GST Goods and Services Tax ICCPR International Covenant on Civil and Political Rights ICESCR International Covenant on Economic, Social and Cultural Rights LEAF Legal Education and Action Fund LICO Low Income Cut-Off NAC National Action Committee on the Status of Women NACSW National Action Committee on the Status of Women NAPE Newfoundland and Labrador Association of Public and Private Employees NAPO National Anti-Poverty Organization NAWL National Association of Women and the Law NCBS National Child Benefit Supplement NCW National Council of Welfare OAITHS Ontario Association of Interval and Transition Houses POGG Peace order and good government
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