Poste - Canadian Coalition for the Rights of Children

• Jurisdictional disputes between the federal and
provincial governments over the funding and
provision of services for Aboriginal children
remain unresolved in many parts of the country.
Concern
• no permanent monitoring mechanism
Recommendation
• more effective federal monitoring and data
collection and better cooperation with NGOs
and Aboriginal communities on children’s rights
issues
Update
• Although federal funding supported the
development of the Coalition’s monitoring
project, the federal government has not disclosed
any plans to establish a permanent mechanism
to monitor Canada’s implementation of the
UNCRC.
• The lack of national data and statistics relevant to
children’s Convention rights significantly limits
the ability to objectively assess many issues
affecting compliance.
Concern
• Canada’s reservation Article 21 (adoption)
Recommendation
• consider removing the reservation
Update
• There is no evidence that the federal government
is considering the removal of its reservation to the
Convention provision that adoptions be authorized
only by competent authorities. The stated reason
for this reservation is to ensure that customary
adoptions and alternative care arrangements among
Aboriginal peoples are respected, as these tend to
be private, consensual arrangements.
• There appears to be no available information on
the impact of this reservation with regard to
Aboriginal adoption practices in Canada.
H O W D O E S C A N A D A M E A S U R E U P ?
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Concern
• Canada’s reservation Article 37c (detention
separate from adults)
Recommendation
• consider removing the reservation
Update
• There is no evidence that the federal government is
considering the removal of its reservation to the
Convention provision that children in detention be
held separately from adult offenders. Federal
officials5 report that “although Canada agrees with
the basic principles set out in Article 37, we are
concerned that the wording may not permit the courts
to take into account other relevant considerations in
making placement decisions, such as the well-being
of other young offenders or the safety of the public.
As well, the reservation recognizes the benefit to
young people who are 18 years of age or older who
are permitted to remain in the youth justice system to
complete their disposition or sentence, thereby
retaining continuity and preventing exposure to adults
whose criminality may be more entrenched.”
• Canadian authorities continue to remand children in
adult facilities prior to their trial. In these instances,
decisions are often not based on children’s well-being
or the safety of the public but are based on the lack of
available detention facilities in close proximity due to
budget limitations.
• The proposed new Youth Criminal Justice Act will
increase the number of young offenders transferred to
adult court and held in adult facilities, as it expands
the criteria for transferring youth to adult court and
lowers the age of transfer to 14. It is unclear at this
point how the system will deal with greater numbers
of young offenders serving their sentences in adult
correctional facilities. 6
• A Correctional Service of Canada official has noted
that “overcrowded institutions and continued budget
reductions make special treatment of young offenders
within adult facilities unlikely.... It will be
particularly important to monitor the application of
the transfer provisions to Aboriginal, visible minority
and female offenders.” 7