E/C.12/CAN/CO/6
(e)
The State party’s commitment to reinstate the long-form census and the
launch of the new Canadian Survey on Disability;
(f)
The recent appointment of the new federal Cabinet, in which 50 per cent of
new ministers are women and 17 per cent are “visible minorities”.
C.
Principal subjects of concern and recommendations
Domestic application of the Covenant
5.
The Committee is concerned that, despite certain promising developments and the
Government’s commitment to review its litigation strategies, economic, social and cultural
rights remain generally non-justiciable in domestic courts. The Committee is also
concerned at the limited availability of legal remedies for victims in the event of a violation
of Covenant rights, which may disproportionately impact disadvantaged and marginalized
groups and individuals, including homeless persons, indigenous peoples and persons with
disabilities.
6.
The Committee recommends that the State party take the legislative measures
necessary to give full effect to the Covenant rights in its legal order and ensure that
victims have access to effective remedies. The Committee recommends that the State
party implement its commitment to review its litigation strategies in order to foster
the justiciability of the economic, social and cultural rights. The State party should
engage civil society and organizations of indigenous peoples in that revision, with a
view to broadening the interpretation of the Canadian Charter of Rights and
Freedoms, notably sections 7, 12 and 15, to include economic social and cultural
rights, and thus ensure the justiciability of Covenant rights. The Committee also
recommends that the State party improve human rights training programmes in
order to ensure better knowledge, awareness and application of the Covenant, in
particular among the judiciary and law enforcement and public officials. The
Committee refers to its general comments No. 3 (1990) on the nature of States parties’
obligations and No. 9 (1998) on the domestic application of the Covenant.
Intergovernmental arrangements under the federal system
7.
The Committee welcomes the reassurance provided by the State party that its federal
structure may enhance implementation through local and regional accountability measures
and notes that the State party has referred in its common core document to section 36 of the
Constitution Act, 1982 in that context. The Committee is concerned, however, that funding
and other agreements with provinces, territories and municipalities do not establish
responsibilities for the implementation of Covenant rights at the different levels.
8.
The Committee recommends that economic, social and cultural rights be
incorporated into intergovernmental agreements and enabling legislation for
municipalities, and that transfer of payments take into due account compliance with
Covenant rights.
Maximum available resources
9.
The Committee is concerned about stagnation in the levels of social spending as a
share of gross domestic product. The Committee is also concerned at the low levels of
corporate tax rates if compared with other rich countries, and about the disproportionate
impact of austerity measures introduced in a number of provinces on disadvantaged and
marginalized groups and individuals (art. 2 (1)).
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