CEDAW/C/CAN/CO/8-9
(c)
Information is lacking on whether the newly reinstated Court Challenges
Program, which provided funding for equality test cases, will be expanded to cover
claims under section 7 of Canada’s Charter of Rights and Freedoms to include economic
and social equality issues related to poverty, whether it will fund equality rights
challenges to provincial, territorial, and federal laws, and whether it will preserve its
community-based structure.
15.
In line with its general recommendation No. 33 (2015) on women’s access to
justice, the Committee recommends that the State party:
(a)
Increase funding for civil legal aid, and specifically earmark funds for
civil law legal aid in the Canada Social Transfer in order to ensure that women
have access to adequate legal aid in all jurisdictions, in particular women victims of
violence, indigenous women and women with disabilities;
(b)
Review criteria applied in income tests for eligibility to ensure access
to civil legal aid, especially in the area of family law, to all women without sufficient
means;
(c)
Expand the mandate of the Court Challenges Program to include cases
in provincial and territorial jurisdiction, as well as those under section 7 of
Canada’s Charter of Rights and Freedoms, and retain the Program’s communitybased structure.
Views under the Optional Protocol
16.
The Committee notes with concern that its views concerning communication No.
19/2008, adopted under article 7 (3) of the Optional Protocol at its fifty-first session, in
February 2012, have not been fully implemented and that the State party has not
provided up to date information on action taken in the light of those views and
recommendations.
17.
The Committee urges the State party:
(a)
To fully implement the Committee’s views concerning communication
No. 19/2008 regarding reparation and compensation for the author of the
communication and inform the Committee without delay of all measures taken and
planned as a consequence of its recommendations;
(b)
To recruit and train more aboriginal women to provide legal aid to
women from their communities, including in domestic violence cases and on
property rights, and to review its legal aid scheme to ensure that aboriginal women
who are victims of domestic violence have effective access to justice.
Extraterritorial State obligation
18.
The Committee is concerned about:
(a)
The negative impact of the conduct of transnational companies, in
particular mining corporations, registered or domiciled in the State party and operating
abroad on the enjoyment of the rights enshrined in the Convention by local women and
girls;
(b)
The inadequate legal framework to hold all companies and corporations
from the State party accountable for abuses of women’s human rights committed abroad;
(c)
The limited access to judicial remedies by women victims, and the absence
of an effective independent mechanism with powers to investigate complaints alleging
abuses by such corporations;
4