E/C.12/CAN/CO/6
16.
The Committee recommends that the State party strengthen its legislation
governing the conduct of corporations registered or domiciled in the State party in
their activities abroad, including by requiring those corporations to conduct human
rights impact assessments prior to making investment decisions. It also recommends
that the State party introduce effective mechanisms to investigate complaints filed
against those corporations, and adopt the legislative measures necessary to facilitate
access to justice before domestic courts by victims of the conduct of those
corporations. The Committee further recommends that the State party ensure that
trade and investment agreements negotiated by Canada recognize the primacy of its
international human rights obligations over investors’ interests, so that the
introduction of investor-State dispute settlement procedures shall not create obstacles
to the full realization of Covenant rights.
Non-discrimination
17.
The Committee is concerned that social condition is not included among the
prohibited grounds of discrimination in the Canadian Human Rights Act (art. 2).
18.
The Committee recommends that the State party include social condition
among the prohibited grounds of discrimination in the Canadian Human Rights Act,
and in the provincial human rights acts, as necessary. The Committee draws the
attention of the State party to its general comment No. 20 (2009) on nondiscrimination in economic, social and cultural rights.
Indigenous peoples
19.
The Committee is concerned, in spite of the pledge made by the State party to
address the situation of indigenous peoples, about the persisting socioeconomic disparities
between indigenous and non-indigenous peoples, and by disparities in relation to poverty
prevalence and access to basic rights, including housing, education and health-care
services. The Committee is also concerned about the decrease in the already insufficient
funding allocated to indigenous peoples living both on and off reserves, a situation which is
further exacerbated by the jurisdictional disputes between federal and provincial
governments on funding to indigenous peoples (art. 2 (2)).
20.
The Committee recommends that the State party, in consultation with
indigenous peoples:
(a)
Implement and strengthen its existing programmes and policies to
improve the enjoyment of Covenant rights by indigenous peoples;
(b)
Increase federal and provincial funding to indigenous peoples
commensurate to their needs, and work out solutions to ensure coordinated and
accountable implementation of indigenous peoples’ rights by all jurisdictions;
(c)
Implement the recommendations put forward by the Special Rapporteur
on the rights of indigenous peoples following his mission to Canada in 2013 (see
A/HRC/27/52/Add.2);
(d)
Promote and apply the principles enshrined in the United Nations
Declaration on the Rights of Indigenous Peoples;
(e)
Consider ratifying the International Labour Organization Indigenous
and Tribal Peoples Convention, 1989 (No. 169).
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