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Canada and the International Bill of Rights “The Best of a Bad Job”: Canadian Participation in The CANADA AND THE INTERNATIONAL BILL OF RIGHTS “THE BEST OF A BAD JOB”: CANADIAN PARTICIPATION IN THE DEVELOPMENT OF THE INTERNATIONAL BILL OF RIGHTS, 1945-1976 By JENNIFER TUNNICLIFFE, B.A., B.Ed., M.A. A Thesis Submitted to the School of Graduate Studies in Partial Fulfillment of the Requirements for the Degree Doctor of Philosophy McMaster University © Copyright by Jennifer Tunnicliffe, 2014 McMaster University DOCTOR OF PHILOSOPHY (2014) Hamilton, Ontario (History) TITLE: “The Best of a Bad Job”: Canadian Participation in the Development of the International Bill of Rights, 1945-1976 AUTHOR: Jennifer Tunnicliffe, B.A. (University of Waterloo) B.Ed. (University of Western Ontario) M.A. (University of Waterloo) SUPERVISOR: Professor Ruth Frager NUMBER OF PAGES: vii, 349. ! ii! Abstract This thesis provides a historical study of the Canadian government's changing foreign policy toward the development of an international bill of rights at the United Nations from the 1940s to the 1970s. Canada was initially reluctant to support international human rights instruments because the concept of 'universal human rights' articulated at the UN challenged customary understandings of civil liberties in Canada, and federal policy makers felt an international bill of rights would have a negative impact on domestic policy. By the 1970s, however, the Canadian government was pushing for the ratification of the International Covenants on Human Rights and working to present Canada as an advocate for the UN's human rights regime. This study considers this change in policy by examining the domestic and global factors that influenced the government's approach to international human rights. Within Canada, rights activism led to increased public awareness of human rights issues, and transformed Canadian understandings of rights and of the role of government in promoting these rights. This led to pressure on the Canadian government to support human rights initiatives at the United Nations. In this same period, the geopolitics of the Cold War and the rise of anti-colonialism shaped debates at the UN over human rights. As global support for the UN's human rights instruments grew, Canada became the subject of criticism from other states. Concerned about the negative implications, at home and within the international community, of appearing to stand in opposition to the principles of human rights, Ottawa changed its policy. Despite the government’s new rhetoric of support for the international bill of rights, however, federal policy makers continued to question the benefit of these instruments for Canada. This lack of commitment accounts, at least in part, for Canada’s continued failure to fully implement its international human rights obligations. ! iii! Acknowledgements I would not have been able to complete this project without the financial support of McMaster University, the Social Sciences and Humanities Research Council (SSHRC), and the Ontario Graduate Scholarship (OGS) program. I would also like to thank the staff at Library and Archives Canada, the Archives of Ontario, the Provincial Archives of New Brunswick, the Saskatchewan Archives, the Trent University Archives, and the Archives of the United Nations, for their guidance during my many research trips. Credit for my choice of topic goes to Dr. James Walker at the University of Waterloo. He not only supported me throughout my M.A. work on Ontario’s human rights history, he suggested the topic of Canada’s relationship with international human rights for my doctoral studies and helped me to draft my first SSHRC application. More importantly, he has become an important colleague and friend, and I thank him for that. While at McMaster University, I have been very fortunate to have the support of my doctoral supervisor, Dr. Ruth Frager. She is a great listener, and has been a constant source of encouragement, providing insight into my research and writing that has greatly improved the quality of this dissertation. I enjoyed all of the conversations we had over a cup of tea. I have also benefitted from the support of my thesis committee, Dr. Stephen Heathorn, Dr. Bonny Ibhawoh, and Dr. John Weaver. Their areas of expertise are diverse, and I respect each of them immensely. They have each provided a unique perspective on my dissertation that has helped me create a much richer final project. I also thank the numerous professors and colleagues at McMaster, the University of Waterloo, and elsewhere, who have instilled in me a love of history and the desire to write about it. While at McMaster, I received funding through the L.R. Wilson Institute for the Study of Canadian History. This allowed me to participate in a number of conferences and workshops to test my ideas and receive feedback. In particular, I want to thank Dr. Viv Nelles for his encouraging words, and for challenging me to think about how Canadian history fits into a global context. This process definitely would not have been as enjoyable without the support of a number of friends at McMaster. Thank you to Ryan Viera, Ron Collier, Mark Gulla, John Hillhouse, Nick Longaphy, Devon Stillwell, Kevin Anderson, Rosanne Waters, and Hayley Goodchild for keeping me sane with hours at the Phoenix, and softball! Most importantly, thank you to my family! My parents, Marlene and Frank Kivell, taught me that I could do anything I put my mind to, and have always been the first to provide the support I need to do it. My children, Adam and Emily, offered just the right amount of distraction to prevent me from working too much, and made me laugh really hard even when I was feeling overwhelmed by what I still had to do. And then there is Bruce. Thank you for never letting me take anything too seriously, and for stepping up whenever I needed you to so that I could go back to school and fulfill a dream I have had for a long time. Couldn’t have done it without you! ! iv! Table of Contents Abstract ........................................................................................................................... iii Acknowledgements ......................................................................................................... iv List of Abbreviations ..................................................................................................... vi Introduction: ‘The Best of a Bad Job’ ............................................................................. 1 Chapter 1: Canadian Attitudes toward International Human Rights in the 1940s ........ 21 Chapter 2: Canadian Opposition to the First Draft Covenants, 1949-1954 .................. 86 Chapter 3: Canada’s Changing Approach to the Covenants, 1955-1966 ..................... 143 Chapter 4: Canada’s Ratification of the Covenants on Human Rights, 1967-1976 ...... 214 Conclusion ...................................................................................................................... 281 Bibliography .................................................................................................................. 291 Appendices: A-1 The Universal Declaration of Human Rights ............................................. 313 A-2 The International Covenant on Civil and Political Rights ......................... 319 A-3 The International Covenant on Economic, Social and Cultural Rights ....... 339 ! v! List of Abbreviations Association for Civil Liberties: ACL British Foreign and Commonwealth Office: FCO British North America: BNA Canadian Association for Adult Education: CAAE Canadian Association of Administrators of Labour Legislation: CAALL Canadian Association of Statutory Human Rights Administers: CASHRA Canadian Bar Association: CBA Canadian Broadcasting Corporation: CBC Canadian Civil Liberties Union: CCLU Canadian Congress of Labour: CCL Canadian Education Association: CEA Canadian Jewish Congress: CJC Canadian Labour Congress: CLC Co-operative Commonwealth Federation: CCF Defence of Canada Regulations: DOCR Economic and Social Council (of the United Nations): ECOSOC International Labour Organization: ILO International Year for Human Rights: IYHR Jewish Labor Committee of Canada: JLC Judicial Committee of the Privy Council: JCPC Library and Archives Canada: LAC ! vi! Member of Parliament: MP New Brunswick Archives: NBA New Democratic Party: NDP Non-Governmental Organization: NGO Saskatchewan Archives: SA Trade and Labor Congress: TLC Trent University Archives: TUA United Nations Archives: UNA United Nations Children’s Fund: UNICEF United Nations Educational, Scientific and Cultural Organization: UNESCO United Nations: UN Universal Declaration of Human Rights: UDHR ! vii! Ph.D.%Thesis%–%J.%Tunnicliffe;%McMaster%University%–%Department%of%History.% Introduction: ‘The Best of a Bad Job’ In April 2013, the United Nation’s Human Rights Council conducted an evaluation of Canada’s progress in the field of human rights under its Universal Periodic Review (UPR). The final report identified a number of concerns, and included a broad sense that Canada was failing to implement its international human rights commitments.1 Member states of the United Nations (UN) questioned Canada’s refusal to ratify or give full effect to UN instruments such as the Optional Protocol to the Convention against Torture, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Optional Protocol to the Convention on the Rights of Persons with Disabilities, and the United Nations Declaration on the Rights of Indigenous Peoples. Human rights
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