Mr. Speaker, I would like to take this opportunity to consider Bill C-254, which the member for Saskatoon-Clark's Crossing has introduced.
Bill C-254 proposes to amend the Interpretation Act to provide that every act of Parliament shall be construed and applied so as not to abrogate, abridge, or infringe any rights recognized in the convention on the rights of the child.
Bill C-254 also deems the reservations and statement of understanding Canada entered upon ratification not to be part of the convention.
Before commenting on Bill C-254, I will briefly examine the process that led to Canada's ratification of the convention.
Members are no doubt aware that Canada played an active role in the world summit for children held in September 1990. At that time world leaders spoke of the need for action to better the lives of the world's children. Canada's efforts at the world summit and its involvement in drafting the convention on the rights of the child served as a catalyst for increased federal efforts on behalf of children in Canada. These efforts, which included such initiatives as the action plan for Canada, entitled "Brighter Futures", began with the ratification of the convention on the rights of the child on December 13, 1991.
Canada's ratification of the convention on the rights of the child followed extensive consultations with the provinces and territories under the auspices of the continuing committee of federal, provincial, and territorial human rights officials. Since 1975 the continuing committee of officials on human rights examines questions concerning domestic implementation whenever Canada contemplates ratifying or acceding to another international human rights instrument. Consultations with national aboriginal representatives and organizations formed another important element of the consultations prior to ratifying the convention on the rights of the child.
These federal, provincial, and territorial consultations are held because while the federal government has the power to sign, ratify, or accede to international instruments, many human rights matters fall within spheres of provincial jurisdiction under the Constitution Act of 1867.
In Canada, international human rights conventions that Canada has ratified do not automatically become part of the domestic law so as to enable individuals to go to court when they are breached. Rather, each level of government is responsible for implementing in legislation or in practice those human rights obligations that arise within the constitutional powers it possesses. For this reason, Canada seeks provincial and territorial support before ratifying international human rights instruments.
Toward this end, legislation was reviewed at the federal level for consistency with the convention on the rights of the child. In particular, federal officials considered whether changes in legislation were required or whether Canada should consider entering a specific reservation or statement upon the standing to the convention. With respect to the latter, the law of treaties provides that in making a reservation a state or a nation indicates
that it is not bound by an obligation of the convention. In a statement of understanding the state explains how it interprets a particular convention obligation where the nature of the obligation is unclear.
Following the federal review of legislation and a similar review at the provincial and territorial level, Canada decided to enter two reservations and one statement of understanding to the convention on the rights of the child. I will speak to those two.
Canada entered a reservation to article 37(c) to ensure that in determining the custodial arrangements for a young offender, the well-being of other young offenders and the safety of the public may be taken into account.
Canada entered a reservation to article 21 and a statement of understanding to article 30 following consultations with national aboriginal organizations. Canada entered a reservation to article 21 to preserve customary forms of care among aboriginal peoples in Canada. By its statement of understanding to article 30, Canada seeks to ensure that in implementing the convention in relation to aboriginal children the child's right to enjoy his or her own culture, to profess and practise his or her own religion, or to use his or her own language are considered.
The Government of Canada takes seriously its obligation to implement the obligations of the convention on the rights of the child in Canada.
However, implementing these obligations without reference to the reservations and statement of understanding which Canada entered to the convention, as section 39.1(4) of Bill C-254 contemplates, would not reflect the manner in which Canada determines the custodial arrangements of young offenders and the concerns of aboriginal peoples of Canada. In this way Bill C-254 does not reflect the result of extensive consultations with provincial and territorial governments and with national aboriginal organizations. Therefore, I cannot support Bill C-254.
Bill C-254 also proposes to change fundamentally the relationship between domestic and international law in Canada. As I mentioned earlier, international human rights conventions that Canada has ratified do not automatically become part of domestic law so as to enable individuals to go to court when they are breached.
Bill C-254 would fundamentally change the existing relationship between domestic and international law for matters within federal jurisdiction. Bill C-254 would fundamentally change the precedent setting. To go along with Bill C-254 would set some important precedents.
In essence we would elevate some of Canada's obligations under the convention on the rights of the child, namely those obligations within federal jurisdictions, and make these directly enforceable before Canadian courts while other convention obligations, those within provincial jurisdictions as well as human rights obligations in other international human rights instruments, would not be so enforceable.
Not only would we be creating distinctions between different international human rights obligations but we would be fundamentally changing how international law is applied in our domestic legal system.
My difficulties with Bill C-254 do not, however, diminish the Government of Canada's support for implementing the convention in Canada. The Government of Canada in its first report to the UN on the convention on the rights of the child considers not only how Canada has implemented the convention to date but also discusses factors and difficulties we have encountered and sets out some goals for Canada in the future. The United Nations committee on the rights of the child will continue to supervise our government's performance, in particular our progress in meeting these goals.
Therefore, it is important the government respect its obligations under the convention when creating legislation or policies which may affect the rights of the child. For this reason the Department of Justice takes the convention obligations into account when providing legal advice. Parliamentarians should similarly take the convention into account when enacting legislation.
As well, Canadian courts have a role to play. Generally the courts presume legislation will be interpreted in a manner consistent with Canada's international obligations, including the convention on the rights of the child. Courts take international human rights instruments into consideration when they interpret the guarantees in the Canadian Charter of Rights and Freedoms.
Finally, courts may turn to international human rights instruments like the convention on the rights of the child when interpreting legal concepts relating to children.
The speaker who proposes this motion had very good intentions. I cannot but agree with some of his expressions. Justice L'Hureaux-Dubé in the 1993 Supreme Court case Young v. Young addressed those questions of access and custody. The need to affirm the best interests of the child is a primary consideration in all actions concerning children, including legal proceedings.
In Justice L'Hureaux-Dubé's view, this reference to international law assisted in demonstrating the best interests of the child test is of enduring value in Canada. The court plays a very important part in ensuring Canada's international human rights obligations are respected.
As parliamentarians we have a similar responsibility; however, Bill C-254 is not the means by which this responsibility should be undertaken. Bill C-254 seeks to directly implement some convention obligations into domestic law but not others. Bill C-254 rejects the results of extensive consultations which
have been held with provincial and territorial governments and aboriginal organizations.
In government, in Parliament and in our courts Canadians must be vigilant and ensure the values and guarantees in the convention on the rights of the child are respected. The Government of Canada takes seriously its responsibilities to better the lives of Canadian children. Toward this end we will continue our efforts to meet the goals set out for us in Canada's first report on the convention on the rights of the child. In this way I hope to make the convention on the rights of the child a living, breathing document in Canada.