A/HRC/22/50/Add.1
discrimination.12 This is also recommended by the Committee on Economic, Social and
Cultural Rights.
12.
The Special Rapporteur is concerned about the growing gap between Canada’s
international human rights commitments and their implementation domestically. The
Government has affirmed that the Charter can be interpreted as guaranteeing the right to the
means necessary for an adequate standard of living.13 For example, in its submission to the
Committee on Economic, Social and Cultural Rights during its second periodic review, the
Government averred that “[w]hile the guarantee of security of the person under section 7 of
the Charter might not lead to a right to a certain type of social assistance, it ensured that
persons were not deprived of the basic necessities of life.” 14 It is thus perplexing that when
the issue arose before the courts, successive governments opposed interpretations of
Charter provisions that would provide remedies to homelessness, hunger or other violations
of the right to an adequate standard of living. The Special Rapporteur is also concerned that
although the Continuing Committee of Officials on Human Rights (comprised of officials
at the federal, provincial and territory levels) has been established to ensure follow-up of
recommendations from the United Nations human rights mechanisms, such follow-up is in
practice uneven (E/C.12/CAN/CO/4, E/C.12/CAN/CO/5, para. 12).
B.
The policy framework
13.
A growing number of provinces are implementing or developing poverty reduction
strategies, some of which have been enshrined in legislation, such as An Act to Combat
Poverty and Social Exclusion in Québec, the Poverty Reduction Act, 2009 in Ontario, or
Manitoba’s 2011 Poverty Reduction Strategy Act. Provinces have taken steps to develop
rural economies, encourage the production and consumption of local foods and adopt
policies seeking to improve food security and promote healthy diets, including British
Columbia’s Community Food Action Initiative, the Yukon’s Nutrition Framework,
Alberta’s Nutrition Guidelines for Children and Youth, Manitoba’s Northern Healthy Foods
Initiative, Ontario’s Student Nutrition Program and Nunavut’s Framework for Action on
Nutrition. In addition, some provinces have adopted legislation to protect agricultural land
from urban development, such as Québec, British Columbia and Ontario. These are all
important steps toward ensuring the right to food. But no province has adopted a food
strategy as such, combining different objectives in a holistic approach cutting across
sectors.
14.
Food policies are emerging at the municipal level. A large number of food policy
councils have been formed across Canada, establishing a forum for dialogue among the
diverse actors working on food issues, and working from a food systems perspective in an
effort to integrate issues of food, agriculture, health, transportation, economy and social
protection. The Special Rapporteur met representatives of the Toronto Food Policy Council,
established in 1991 under the auspices of the Toronto Board of Health. The Food Policy
Council, comprised of 30 members from the community, the Board of Health, the City
Council, local farming communities and the Toronto Youth Food Policy Council, advocates
for innovative community food security programmes and works on various city initiatives
concerned with food security. Such participatory models of food system management
deserve support from the provincial, territorial and federal levels, in order to integrate them
into a national level framework.
12
13
14
6
Canadian Human Rights Act Review Panel, Promoting Equality: A New Vision (Ottawa: Department
of Justice, 2000) at 105-112.
E/1994/104/Add.17, para. 8.
E/C.12/1993/SR.5, paras. 3 and 21.