Recommendation Position Full list of themes Assessment/comments on level of implementation Theme: A12 Acceptance of international norms 128.1. Ratify international human rights instruments to which Canada has not yet become party (Burkina Faso); Source of position: A/HRC/24/11/Add.1 - Para. 6 Noted A12 Acceptance of international norms Affected persons: - general Not implemented. Comments: Federal, provincial and territorial (FPT) governments are presently working in close collaboration on Canada’s possible accession to three instruments: the Optional Protocol to the Convention on the Rights of Persons with Disabilities, the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Convention on the Protection of All Persons from Enforced Disappearance. 128.2. Sign (Australia)/Ratify (Argentina, Bulgaria, Estonia, Germany, Hungary, Netherlands, New Zealand, United Kingdom of Great Britain and Northern Ireland, France, Portugal, Tunisia)/Become a party (Montenegro)/Accede to the Optional Protocol to the Convention against Torture (OPCAT)/and establish its national protective mechanism accordingly (Czech Republic)/engage in a consultation process with all relevant actors, including civil society, concerning the establishment and structure of a national preventive mechanism (New Zealand)/thereby set a useful precedent for other States who may be considering ratification (United Kingdom of Great Britain and Northern Ireland)/Speed up internal discussions for the early signing and ratification of OPCAT and establish, accordingly, the national prevention mechanism (Uruguay); Source of position: A/HRC/24/11/Add.1 - Para. 5 Supported A12 Acceptance of international norms A42 Institutions & policies - General D25 Prohibition of torture and cruel, inhuman or degrading treatment A61 Cooperation with civil society S16 SDG 16 - justice and strong institutions Affected persons: - general - persons deprived of their liberty See recommendation 1 regarding the OP-CAT. 128.3. Consider ratifying (Peru)/Accede (Honduras, Cape the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) (Argentina Chile, Guatemala, Ecuador, Morocco, Sri Lanka, Sudan, Algeria, Indonesia)/to further promote Noted A12 Acceptance of international norms G4 Migrants S10 SDG 10 - inequality Affected persons: - migrants Not implemented. Comments: Ratification of this treaty is not currently under consideration.
37, 38 and 42 above and in paragraphs 55 to 57 of Canada’s report. 128.52. Continue to strengthen measures to eliminate racial profiling, especially in law enforcement and racial discrimination in employment (Botswana); Source of position: A/HRC/24/11/Add.1 - Para. 11 Supported B32 Racial discrimination D31 Liberty and security - general G1 Members of minorities E31 to work S08 SDG 8 - economic growth, employment, decent work S10 SDG 10 - inequality Affected persons: - minorities/ racial, ethnic, linguistic, religious or descent-based groups Implementation. See paragraphs 95 to 97 of Canada’s report, as well as recommendation 43 for measures related to racial profiling. Theme: B6 Business & Human Rights 128.151. Continue efforts towards the establishment and implementation of an effective regulatory framework for holding companies registered in Canada accountable for the human rights impact of their operations (Egypt); Source of position: A/HRC/24/11/Add.1 - Para. 42 Supported B6 Business & Human Rights Affected persons: - general Partially implemented. See paragraph 118 of Canada’s report for information on Canada’s Corporate Social Responsibility Strategy. B8 Human rights & counter-terrorism 128.153. Ensure that its counter-terrorism efforts are in compliance with international human rights obligations (Pakistan); Source of position: A/HRC/24/11/Add.1 - Para. 34 Supported B8 Human rights & counter-terrorism S16 SDG 16 - peace, justice and strong institutions Affected persons: - general Implemented. Comments: Canada’s counter-terrorism initiatives are in compliance with Canada’s international human rights obligations. Bill C-59, the National Security Act, 2017, currently being considered by Parliament, is designed to keep Canadians safe while safeguarding rights and freedoms. The National Security and Intelligence Committee of Parliamentarians, created by the National Security and Intelligence Committee of Parliamentarians Act in 2017, has a broad government-wide mandate to comprehensively review legislative, regulatory, policy, administration, and financial frameworks for national security and intelligence. The Committee may review any activity by any department that relates to national security and/or intelligence. The Committee has robust powers to access any information to conduct its reviews, subject to specific limitations such as to protect third parties, prevent interference in ongoing
128.156. Put an end to the disproportionate use of force by the police against all citizens, in particular, Afro-Canadians (Democratic People’s Republic of Korea); Source of position: A/HRC/24/11/Add.1 - Para. 35 Supported D25 Prohibition of torture and cruel, inhuman or degrading treatment G1 Members of minorities S16 SDG 16 - peace, justice and strong institutions Affected persons: - general - minorities/ racial, ethnic, linguistic, religious or descent-based groups In the process of implementation. Information on the use of by police can be found in paragraphs 92 to 94 of Canada’s report. Comments: Canadian law enforcement officers perform risk assessments when the use of is necessary, assessing the totality of the situation, including the situational factors present, the subject’s behaviour, an officer’s perceptions, as well as tactical considerations. Various domestic mechanisms exist to ensure accountability of government and police services. For example, the Enhancing Royal Canadian Mounted Police Accountability Act, which came into effect in 2014, established the Civilian Review Complaints Commission for the RCMP (CRCC), an independent agency of the federal government, distinct and independent from the RCMP. The CRCC reviews complaints and conducts investigations or hearings into complaints in the public interest. This includes public complaints related to the use of force of members. the actions of the police lead to the serious injury or death of an individual, the designated authority for that province will consider appointing an investigative body or other police force to conduct an independent investigation into whether there was any misconduct on the part of the police force. They also have the ability to recommend or lay criminal charges. Officers found to have used excessive force can face criminal charges and or civil litigation. As a further example, the primary oversight measures in Ontario are: • Ontario Civilian Police Commission, a quasi-judicial agency. • Office of the Independent Police Review Director. • Special Investigations Unit ( a civilian law enforcement agency)
established a national project, Indigenous Youth Voices, to seek advice and support from First Nations, Inuit and Métis youth across the country. To formalize government-to-government relationships on land management, the Government of the Northwest Territories and Indigenous parties have established an Intergovernmental Council to work cooperatively and collaboratively on land management. Indigenous government representatives sit alongside representatives from the federal and territorial governments on a variety of boards that set territorial policy and make regulatory decisions for the territory or a region, including wildlife management boards, land use planning boards, and environmental assessment and review boards. 128.64. Ensure parity of funding and services between Aboriginal and non-Aboriginal communities (United States of America); Source of position: A/HRC/24/11/Add.1 - Para. 18 Supported G3 Indigenous peoples A63 Budget and resources (for human rights implementation) Affected persons: - Indigenous peoples In the process of implementation. Comments: The Government of Canada is determined to renew the fiscal relationship with Indigenous Canadians and address the socio-economic gaps between Indigenous people and other Canadians. Distinct from the New Fiscal Relationship process underway with the Assembly of First Nations, Canada is also engaged in a collaborative fiscal policy development process with self-governing Indigenous governments to develop a new national policy framework for the provision of federal financial support to those governments. One key area of discussion in the collaborative development process is how a renewed fiscal policy can support the comparability of program and services between indigenous and non-indigenous communities, including how to take into account the cost drivers associated with providing services in these communities. Participants tabled a report and draft self-government fiscal policy framework proposal to the Minister of Relations and Northern Affairs in December 2017. Work will continue on further elaborating funding methodologies throughout 2018.
relation to gaining employment on par with their education, experience and skills (Sri Lanka); Source of position: A/HRC/24/11/Add.1 - Para. 27 Affected persons: - migrants Comments: Canada recognizes that employment services and Foreign Qualification Recognition are vital to helping newcomers access the labour market and obtain employment on par with their education, experience and skills. Under Canada’s Settlement Program, employment-related services for newcomers include: employment counselling, job search training, language training, work placements, mentoring, networking, and preparation for licensure. These types of supports help prepare newcomers for Canada’s labour market. In addition, the Settlement Program provides many indirect services for newcomers, engaging with employers and Immigrant Employment Councils to help motivate businesses to become more involved in newcomer employment. Canada created the Employer Awards for Newcomer Employment to recognize the exceptional action on behalf of Canadian employers in the hiring, training and retention of newcomers into the labour market on an annual The Government of Canada provides funding to provincial and territorial governments and organizations through the Foreign Credential Recognition Program (FCRP) to support foreign credential recognition in Canada. The FCRP also helps implement the Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications. The Framework is a joint commitment by federal, provincial and territorial governments to work together to improve foreign credential recognition processes in Canada. The new Foreign Credential Recognition Program offers loans to newcomers to help cover the costs of getting their foreign credentials recognized. The Government of Canada also launched a new Targeted Employment Strategy for Newcomers. The Strategy helps reduce barriers and support newcomers as they put their skills to work in the Canadian economy.