Health and human rights in Canada: a global concern
Authors: Chris Simms
Journal: The Lancet Global Health (2015)

A new report1UNCOHR Human Rights CommitteeConcluding observations on the sixth periodic report of Canada.http://nupge.ca/sites/nupge.ca/files/documents/ccpr_c_can_co_6_21189_e.pdfGoogle Scholar by the UN Committee on Human Rights (UNCOHR) is sharply critical of Canada's worsening human rights record. The first such assessment in 10 years (a period coinciding with a decade of conservative government), it describes policies that undermine human rights including the ability of civil society to lawfully protest such policies. Most issues cited relate to public health and safety and I illustrate some of them here ahead of Canada's federal election next week. The report is particularly concerned about the rights of out-groups (such as prisoners, people with mental illnesses, and refugees) and vulnerable populations. For instance, cuts to basic health services for refugees led Canadian doctors and lawyers to petition the federal courts to restore services; in doing so, the courts described government policy as “cruel and unusual”.2Federal CourtCanadian Doctors for Refugee Care, the Canadian Association of Refugee Lawyers, Daniel Garcia Rodriques, Hanif Ayubi and Justice For Children and Youth vs Attorney General Of Canada and Minister of Citizenship and Immigration: judgment and reasons.https://www.documentcloud.org/documents/1212674-t-356-13-cdn-doctors-v-agc-judgment-and-reasons.htmlGoogle Scholar Indeed, with a large parliamentary majority, it is often left to the courts to provide a check on government power. For example, the federal courts reversed attempts to close harm-reduction services for drug users and legislation that threatened the health and safety of prostitutes, and repeatedly stepped in to protect aboriginal land rights.3CBC NewsMandatory minimums ruling adds to Ottawa's losing streak.http://www.cbc.ca/news/politics/mandatory-minimums-ruling-adds-to-ottawa-s-legal-losing-streak-1.2696593Google Scholar The UNCOHR highlights violence against women, especially the 1189 murdered or missing aboriginal women and girls and the need for a national inquiry—an issue to which Prime Minister Harper responded on national television—“Um, it isn't really high on our radar, to be honest”.4CBC NewsFull text of Peter Manbridge's interview with Prime Minister Stephen Harper.http://www.cbc.ca/news/politics/full-text-of-peter-mansbridge-s-interview-with-stephen-harper-1.2876934Google Scholar Over-representation of aboriginal people in prisons (who make up 44% of the adolescent females in custody) is also cited by the report, as is use of solitary confinement experienced by one in four inmates. Lack of health care services in First Nations communities is another issue mentioned in the report. When child-welfare activist Cindy Blackstock sued the government for failure to provide basic services to First Nations communities, the Royal Canadian Mounted Police and Canadian Security Intelligence Service placed her under surveillance (collecting a 400 page file on her) until the Federal Private Commissioner ordered them to “cease and desist” and destroy their files.5Canadian PressSnooping on activists went too far, privacy commissioner says.http://www.cbc.ca/news/canada/snooping-on-first-nations-activist-went-too-far-privacy-commissioner-says-1.1364426Google Scholar The report is especially concerned about the passage of Bill 51 which gives government greater power to undertaken domestic surveillance on groups and individuals such a environmentalists, aboriginal people, or simply any that disagree with government policy—with little or no oversight. One member of the UN committee noted “This is not the Canada that I know”.6Farhar L Shining a light on Canada's deteriorating human rights.http://cips.uottawa.ca/shining-a-light-on-canadas-deteriorating-human-rights-record/Google Scholar As Canadians queue to vote in the federal election next week, some will be uncomfortable knowing that the new Fair Elections Act that requires an official photo identification will overwhelmingly discriminate against those who are least likely to produce it7Deveaux M Williams M Cameron M et al.Don't undermine Elections Canada.National Post. March 11, 2014; (accessed Oct 15, 2015).http://news.nationalpost.com/full-comment/dont-undermine-elections-canadaGoogle Scholar—the very groups cited by UNCOHR. Many Canadians perhaps already uncomfortable with Canada's tepid response to the Syrian refugee crisis will have been further dismayed to learn this past week that it was Harper's interference with the refugee claimant process that shut the doors; as they cast their ballot, some will recall a different era when Canada welcomed tens of thousands of refugees from Vietnam and Kosovo. But no Canadian will recall anything to compare with the recent descent into identity politics in which the Prime Minister referred to “old-stock” Canadians (as distinct from those born abroad) on national television—the stratification of society to which Michael Marmot so often refers. And because many do not recognise it as Canadian or the context in which it nests, they will reject it—some with anger, others with hope. I declare no competing interests.