Children: The Silenced Citizens Report

RECOMMENDATION 1 – Participation and Expression (page 60)

Pursuant to articles 12 to 15 of the Convention on the Rights of the Child, the Committee recommends that the federal government dedicate resources towards ensuring that children’s input is given considerable weight when laws, policies and other decisions that have a significant impact on children’s lives are discussed or implemented at the federal level.

RECOMMENDATION 2 – Corporal Punishment (page 70)

Pursuant to articles 19 and 28 of the Convention on the Rights of the Child, the Committee recommends that the federal government take steps towards the elimination of corporal punishment in Canada.  Such steps should include:

·         The immediate launch of an extensive public and parental education campaign with respect to the negative effects of corporal punishment and the need to foster enhanced parent-child communication based on alternative forms of discipline;

·         Calling on the Department of Health to undertake research into alternative methods of discipline, as well as the effects of corporal punishment on children;

·         Repeal of section 43 of the Criminal Code by April 2009; and

·         Calling on the Department of Justice to undertake an analysis of whether existing common law defences – such as necessity and the de minimis defence – should be made expressly available to persons charged with assault against a child.

RECOMMENDATION 3 – Bullying (page 74)

Pursuant to article 19 of the Convention on the Rights of the Child, the Committee recommends that the federal government implement a national strategy to combat bullying in Canada, accompanied by a national education campaign in cooperation with provincial and territorial governments to teach children, parents, teachers, and others about bullying, and to promote conflict resolution and effective intervention strategies.



 
 

RECOMMENDATION 4 – Children Involved in Armed Conflict
(page 77)

Pursuant to article 38 of the Convention on the Rights of the Child and the Optional Protocol on the Involvement of Children in Armed Conflicts, the Committee recommends that the Canadian Forces:

·         Develop a database to track statistics with respect to the recruitment and involvement of those under the age of 18 in the Canadian Forces;

·         Make its recruitment policies with respect to those under 18 years of age openly available to the public;

·         Review and assess recruitment practices to ensure full compliance with the Convention, including ensuring that priority in the recruitment process is given to those who are 18 years of age or older; and

·         Report back to this Committee in July 2009 in order to review recruitment policies and compliance with the Convention.

RECOMMENDATION 5 – UN Study on Violence (page 77)

The Committee recommends that the federal government respond to the UN Study on Violence Against Children, and that it inform the international community, Parliament, and the Canadian public how it is responding to issues of violence against children and how it intends to improve upon policies to bring Canada into compliance with the Convention on the Rights of the Child.

RECOMMENDATION 6 – Commercial Sexual Exploitation (page 82)

Pursuant to articles 34 to 36 of the Convention on the Rights of the Child and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography,  the Committee recommends that the federal government develop and implement a strategy to combat the commercial sexual exploitation of children that will address:

·       The predators who create the demand for the commercial sexual exploitation of children;

·       Businesses and networks based on the commercial sexual exploitation of children;

·       New technologies and their impact on child pornography and the commercial sexual exploitation of children; and

·       Problem areas in terms of the involvement of children in the fashion industry, in marketing, in the media, and in the travel and tourism industry.

 

 

RECOMMENDATION 7 – Child Labour (page 85)

Pursuant to articles 32 and 36 of the Convention on the Rights of the Child, the Committee recommends that the federal, provincial and territorial governments, as well as parents, ensure that safe conditions exist for children who do work, and that such children are informed of their rights and encouraged to remain in school. 

RECOMMENDATION 8 – Children in Conflict with the Law (page 97)

Pursuant to articles 37 and 40 of the Convention on the Rights of the Child, the Committee recommends that the federal government:

·         Withdraw its reservation to article 37 of the Convention and take concrete measures to work with the provinces and territories to ensure that youth are no longer detained with adults, and males no longer detained with female young offenders; 

·         Undertake to work proactively with the provinces and territories to assess whether the Youth Criminal Justice Act is working and to ensure that alternative measures are effectively implemented for youth in conflict with the law; and

·         Work with the provinces and territories to provide training for child welfare authorities and health professionals in order to help them identify problems early in order to implement preventative intervention strategies for children at risk of coming into conflict with the law.

RECOMMENDATION 9 – Child Protection (page 105)

Pursuant to articles 9, 12, 19, 20, and 25 of the Convention on the Rights of the Child, the Committee recommends that the federal government organize federal- provincial-territorial consultations with respect to child protection issues and children in the care of the state.  These consultations should focus on whether the Convention has been implemented in the following areas:

·         The need to involve youth more fully in the child protection process;

·         Working towards a uniformly legislated age of 18 for cut-off from protection; and

·         The need for continuing support for youth exiting the child protection system.

 

 

 

RECOMMENDATION 10 – Adoption (page 109)

Pursuant to articles 5, 18, 20 and 21 of the Convention on the Rights of the Child, the Committee calls on governments across Canada to recognize and address the adoption crisis in this country, particularly in the case of Aboriginal children.  The Committee recommends that the federal government organize consultations with its provincial and territorial counterparts with a view to:

·         Increasing federal funding to promote the placement of children in permanent homes and to provide support services aimed at keeping children within their families;

·         Streamlining the adoption process; and

·         Reviewing Canada’s adherence to the Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption.

RECOMMENDATION 11 – Identity (page 115)

Pursuant to articles 7 and 8 of the Convention on the Right of the Child, the Committee recommends that the federal-provincial-territorial negotiations on adoption proposed in Recommendation 10 should include consideration of access to a biological parent’s identity and of the benefits of identity disclosure vetos.  The Committee also recommends that Assisted Human Reproduction Canada review the legal and regulatory regime surrounding sperm donor identity and access to a donor’s medical history to determine how the best interests of the child can better be served.

 

RECOMMENDATION 12 – Migrant Children (page 138)

Pursuant to articles 7, 9, 10, 11, 21, 22, and 35 of the Convention on the Rights of the Child and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography, the Committee recommends that:

·         The Senate committee examining Bill C-14 take the concerns voiced in this report into serious consideration and that if the Bill is passed, the federal government implement a pilot project to determine whether immigration officials can rely on the provincial adoption approval process to assess whether the best interests of the child are being served;

·         The Department of Citizenship and Immigration devote more resources to rectify backlogs delaying family reunification, particularly in its overseas visa offices, and strongly consider changes to immigration guidelines to allow children to be processed inland like spouses, as well as allowing separated children to include their parents on applications for permanent residence;

·         Specific measures be put in place to ensure effective identification and protection of potentially separated children at the border;

·         Priority always be given to the best interests of the child when dealing with the detention of migrant children;

·         Migrant children are returned to their country of origin only after a final determination of whether or not compelling humanitarian and compassionate grounds exist to allow the child to remain in Canada, and a comprehensive pre-removal risk assessment with significant emphasis on the best interests of the child has been undertaken; and

·         All immigration and border services officials dealing with children in any way receive orientation and ongoing training to ensure that they are fully aware of children’s rights, as well as how to communicate effectively with children of different cultural backgrounds.

RECOMMENDATION 13 – Early Childhood Development (page 145)

Pursuant to articles 18, 28, and 29 of the Convention on the Rights of the Child, the Committee recommends that the federal government meet with provincial and territorial governments to help coordinate the establishment of measurable standards and guidelines for delivering early childhood development and child care to children across the country, matched by adequate funding.  Consultations should begin immediately, with proposed solutions to be presented to the Canadian public by July 2009.

 

RECOMMENDATION 14 – Child Poverty (page 153)

Pursuant to articles 26 and 27 of the Convention on the Rights of the Child, the Committee recommends that the federal government develop a federal strategy to combat child poverty that should be put into effect as soon as possible, accompanied by clear goals and timetables.  Among other things, such a plan should include preventative measures aimed at high-risk families and a comprehensive housing strategy.

RECOMMENDATION 15 – Children’s Health (page 164)

Pursuant to articles 2, 23, 24, 33, and 39 of the Convention on the Rights of the Child, the Committee recommends that the federal, provincial, and territorial governments implement an improved process to improve services to special needs children by July 2008.  Working to resolve this crisis on an immediate and on-going basis, governments should develop a consultation process to with advocacy groups, service providers, health professionals and special needs children.  Early intervention should be a key focus of these consultations.

RECOMMENDATION 16 – Sexual Minority Youth – Statistics
(page 168)

Pursuant to article 2 of the Convention on the Rights of the Child, the Committee recommends that the federal government act to fill the significant gaps in knowledge and statistics with respect to sexual minority youth and gender differences therein.

RECOMMENDATION 17 – Sexual Minority Youth (page 168)

Pursuant to article 2 of the Convention on the Rights of the Child, the Committee recommends that all policies and strategies implemented by the federal government with respect to youth take into account the specific needs of sexual minority youth.

RECOMMENDATION 18 – Aboriginal Children (page 191)

Pursuant to articles 2 and 30 of the Convention on the Rights of the Child, the Committee recommends that:

·         Section 67 of the Canadian Human Rights Act be repealed;

·         The federal government target funding as a priority for “least disruptive measures” with respect to child welfare, accompanied by an increased emphasis on prevention and early intervention;

·         The federal government make housing a top priority and develop enhanced initiatives to promote economic development on-reserve;

·         The federal government provide more funding to ensure that support services continue for Aboriginal children living off-reserve;

·         The federal government review the services that it provides to Aboriginal communities to ensure that the approach and content are effectively tailored to meet the specific needs of Aboriginal children, youth, and families; this includes working directly with Aboriginal communities in the development of programs and services designed to meet their needs; 

·         The federal government expand the ability of health services to provide in-home supports, and to get involved early and work with children in their homes;

·         The Department of Indian Affairs and Northern Development provide our Committee with an update on the results of the youth engagement strategy on suicide, as well as the status of the National Aboriginal Youth Suicide Prevention Strategy – this Strategy should be implemented as swiftly as possible;

·         The federal government accelerate work with provincial and territorial ministers of education to discuss ways in which Aboriginal people can be encouraged to become teachers and to work on reserves;

·         While recognizing the need for Aboriginal teachers on-reserve, the federal government work with provincial and territorial ministers of education to remove barriers to facilitate the employment of Aboriginal teachers off-reserve if they so desire;

·         The federal, provincial, and territorial governments work with Aboriginal leadership to carefully examine policies that have an impact on Aboriginal children’s lives through the framework of the Convention on the Rights of the Child; and

• All federal policies and legislation with respect to Aboriginal children place particular emphasis on the need to take the cultural needs of Aboriginal children into account.

RECOMMENDATION 19 – Compliance with the Convention (page 195)

As the federal government has signed and ratified the Convention on the Rights of the Child, the Committee recommends that the federal government immediately implement and comply with its obligations under that Convention.

RECOMMENDATION 20 – Children’s Commissioner (page 214)

The Committee recommends that Parliament enact legislation to establish an independent Children’s Commissioner to monitor implementation of the Convention on the Rights of the Child, and protection of children’s rights in Canada.  The Children’s Commissioner should report annually to Parliament.

RECOMMENDATION 21 – Interdepartmental Implementation Working Group (page 222)

The Committee recommends that an interdepartmental implementation working group for children’s rights be established in order to coordinate activities, policies, and laws for children’s rights issues.

RECOMMENDATION 22 – Continuing Committee of Officials on Human Rights (page 229)

The Committee recommends that responsibility for the Continuing Committee of Officials on Human Rights be transferred immediately from the Department of Canadian Heritage to the Department of Justice.

RECOMMENDATION 23 – Ministerial Responsibility (page 239)

The Committee recommends that the federal, provincial and territorial ministers responsible for human rights meet immediately with renewed vigour to take ownership for effective consultations and implementation of Canada’s international human rights obligations.

RECOMMENDATION 24 – Framework for Ratification and Implementation of Canada’s International Human Rights Obligations (page 240)

a)  The Committee recommends that the federal government develop a new policy framework for the signature, ratification and implementation of Canada’s international human rights obligations, including:

·        Notice to Parliament, the provinces and territories at the commencement of human rights treaty negotiations, with an undertaking to begin consultations with Parliament, all levels of government, and stakeholders;

·        Regular reporting on the progress of international treaty negotiations to Parliament, the provinces and territories, and the public;

·        Production of a national impact study to be made available to all involved in the consultations;

·        Regular feedback from those involved in the consultation process with the federal government;

·        Tabling of a “Declaration of intent to comply” in Parliament signalling the executive branch’s intent to proceed towards signature of the international instrument, accompanied by a reasonable timeframe for Parliament to provide its input before signature; and

·        Tabling of the international instrument in Parliament once it has been ratified by the Executive, accompanied by an implementation plan including legal and financial implications, and a timetable for implementation.  Parliament should be given sufficient time to provide input into this plan.

b)  The Committee recommends that the federal government certify that all new federal legislation passed is in compliance with Canada’s international human rights obligations.

c)  The Committee recommends that the federal government develop a transparent and inclusive process to ensure consultation with Parliament and the public when preparing Canada’s country reports to the various UN treaty bodies.  Canada’s country reports, the UN treaty bodies’ Concluding Observations, and a follow-up Government Response should be tabled in Parliament and referred for committee scrutiny, subject to a fixed timeline for response.

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