CEDAW/C/CAN/CO/8-9
(d)
Promote capacity-building programmes for judges, prosecutors and
lawyers on the Convention, the Optional Protocol thereto, the Committee’s general
recommendations and Committee views on individual communications and inquiry
findings, to enable them to invoke those instruments before domestic courts and
interpret domestic legislation accordingly.
Application of the Convention under the federal system
10.
While the Committee is cognizant of the complex federal and constitutional
structures in the State party, it reiterates (see CEDAW/C/CAN/CO/7, para. 11) that the
federal Government is responsible for ensuring the implementation of the Convention
and providing leadership to the provincial and territorial governments in that context.
The Committee is concerned that the federal Government may not sufficiently use the
available accountability mechanisms to ensure that the provincial and territorial
governments establish legal and policy measures that are fully compliant with the
Convention.
11.
The Committee, taking into account the legal responsibility and leadership role
of the federal Government in the implementation of the Convention, reiterates its
previous recommendation (see CEDAW/C/CAN/CO/7, para. 12) that the State party
establish an effective mechanism aimed at ensuring accountability and the
transparent, coherent and consistent implementation of the Convention throughout its
territory. In this regard, the Committee recommends that the State Party consistently
starts using conditional and targeted federal funding in order to make sure that
transfer of payments to provinces and territories take into due account compliance
with the provisions of the Convention, as already is the case for some of Canada´s
development assistance programmes.
Legislative framework
12.
The Committee notes the various constitutional, legislative, statutory,
administrative and policy provisions promoting gender equality and defining sex as a
prohibited ground of discrimination. It further notes that a new Bill amending the
Indian Act is currently being developed. However, the Committee remains concerned
about continued discrimination against indigenous women, in particular regarding
the transmission of Indian status, preventing them and their descendants from
enjoying all the benefits related to such status.
13.
The Committee recommends that the State party remove all remaining
discriminatory provisions of the Indian Act that affect indigenous women and their
descendants, and ensure that aboriginal women enjoy the same rights as men to
transmit status to their children and grandchildren.
Access to justice
14.
The Committee welcomes the repeal of section 67 of the Canadian Human Rights
Act, in 2008, as well as the restoration of the Court Challenges Program, in 201 7. The
Committee is, however, concerned that:
(a)
Financial support for civil legal aid programmes has considerably
diminished in the past 20 years and has become increasingly restricted, affecting
particularly women who are the primary users of civil legal aid;
(b)
Income tests for eligibility limit civil legal aid to women living well below
the poverty line, consequently denying low-income women access to legal representation
and services;
3