Canada ratified the United Nations Convention on the Rights of the Child in 1991. It should be noted that 191 state parties have ratified the convention. Article 43 of the convention provides for the establishment of a UN Committee on the Rights of the Child to review reports of states parties which have ratified the convention. As a party to the convention and pursuant to article 44 of the convention, Canada is required to submit a report to the UN Committee on the Rights of the Child on the measures it has adopted which give effect to the rights recognized in the convention and on the progress made on the enjoyment of those rights. Canada presented its first report in 1994. The Canadian Coalition for the Rights of Children, the coalition, also made a presentation at that time. One of the recommendations of the UN committee was that a permanent monitoring mechanism be established to assess Canada's compliance with the convention. In its concluding observation on Canada's first report, the UN committee stated that it is “concerned that sufficient attention has not been paid to the establishment of a permanent monitoring mechanism taht will enable a system of implementation of the convention in all parts of the country”.
The coalition approached several departments to secure funding for a separate, independant and impartial report which would represent non-governmental organizations' view point with respect to Canada's cpmpliance with the convention. Both Canada's report and the coalition's report will be submitted to the UN committee in 1999.
The Coalition for the Rights of Children ensures the collective voice of over 50 non-governmental organizations in Canada concerned with the rights of children, such as the Adoption Council of Canada, UNICEF Canada, Save a Family Plan, Street Kids International, CARE Canada, Child Find Canada and Child Welfare League of Canada, is heard. The mandate of this national organization is to monitor the implementation of the convention. In order to accomplish this task, it has developed a framework to measure the status of children's rights in Canada.
This framework will enable the federal and provincial governments to assess which prgrams and policies are effective and identify the work that needs to be done to promote the development and well-being of Canadian children. The coalition has been working on this project since 1995. Several departments have made a contribution to the coalition. The Department of Justice has been co-ordinating the funding since 1997.
(a), (b), (c), and (d): The Coalition for the Rights of Children received funding in fiscal year 1995-96 and 1996-97 to develop a framework to monitor Canada's implementation of the United Nations Convention on the Rights of the Child. The funders for this initiative were: Canadian Heritage, Human Rights, $24,750 and Health Canada, Childhood and Youth, $24,750.
The purpose of the project was to devise a monitoring process by establishing research indicators and identifying sources of information. The coalition reached out to the broader community to complete this initiative. The final product was only due during the course of fiscal year 1996-97 upon receipt of additional funding to write and produce a publication.
The coalition received funding in fiscal year 1996-97 to write and produce the monitoring project report and to disseminate the findings. The funding partners were: Justice Canada, Public Law, $25,950; Canadian Heritage, Human Rights, $45,950;and Health Canada, Childhood and Youth, $8,500.
The project resulted in the publication of a 45 page document entitled: “Canada and the UN Convention on the Rights of the Child: Developing a Monitoring Framework”.
The coalition received funding in fiscal year 1997-98 to develop Canada-wide information network, including key provincial-territorial correspondents, through conference participation and meetings. This will ensure that the monitoring of the convention is truly effective and accurate. The coalition is also in the process of conducting a review of convention articles in order to identify the issues and to determine methodology for data collection in order to commence the drafting of the report. The funding partners included: Justice Canada, Grants and Contributions Fund, $30,000; Canadian Heritage, Human Rights, $35,000; Status of Women, $30,000; Health Canada, Childhood and Youth, $40,000; Foreign Affairs, Human Rights, $8,000; Human Resources Development Canada, Office for Disabilities Issues, $20,000; and Human Resources Development Canada, Social Development Partnerships Program, $5,000.
For fiscal year 1998-99, the coalition is expected to receive the following amounts to collect and analyse data for the application of the Canadian Coalition for the Rights of Children developed framework to convention articles and to evaluate overall findings: Justice Canada, Grants and Contributions Fund, $62,000; Health Canada, Childhood and Youth, $45,000; Canadian Heritage, Human Rights, $40,000; Human Resources Development Canada, Office for Disabilities Issues, $25,000;and Human Resources Development Canada, Social Development Partnerships Program, $25,000.
The report is due in 1999.
(e), (f), (g), (h), (i), and (j): The Department of Canadian Heritage has funded the following projects related to the UN Convention.
In fiscal year 1994-95, the Society for Children and Youth of B.C. undertook a project entitled “UN Convention on the Rights of the Child—Promotion and Implementation”. Canadian Heritage provided a grant in the amount of $18,850. The purpose of the project was to promote the Convention on the Rights of the Child, to act as a provincial clearinghouse linking individuals and organizations interested in the convention and to explore ways of monitoring compliance to the convention to be carried out in fiscal year 1995-96. An interim report on the project has been filed.
In fiscal year 1995-96, Canadian Heritage provided a grant of $10,000 to the Society for Children and Youth of B.C. for the second part of the project. It was entitled “UN Convention on the Rights of the Child—Rights Awareness Project-Year 2”. In adition to the purpose outlined in the project for fiscal year 1994-95, the year 2 project also focuses on identifying mechanisms for monitoring compliance with the articles of the convention. A final report has been received.
In fiscal year 1997-98, the Society for Children and Youth of B.C. received a grant from Canadian Heritage in the amount of $20,000 for a project entitled “UN Convention on the Rights of the Child: Measuring Compliance of Policy and Practice”. The purpose of the project was to undertake research to develop a monitoring framework to measure the compliance of policies and pratices with respect to the implementation of the Convention on the Rights of the Child in British Columbia.
It should be noted that the society's model enables the development of an analytical framework and a four star rating system for assessing the compliance of legislation with the convention. These were applied to all British Columbia statutes.
The Canadian Coalition for the Rights of Children's monitoring framework can be compared to a wide angle lens for assessing implementation of the convention in Canada, taking into account all aspects of the convention from legal to a public opinion perspective. The Society for Children and Youth of B.C.'s statutory compliance model and the proposed policy and practice models can perhaps be described as telephoto lenses, which presents the detailed picture in the areas of legislations and regulations, policy and practice. Integrating these two vistas would provide the basis for a comprehensive picture of the level of implementation of the convention in Canada.
A search of the files of the Department of Justice for the last three fiscal years reveals that in fiscal year 1997-98 the Department of Justice provided a grant of $10,000 to the University of Montreal, Faculty of Law, to write and publish a book on the rights of the child in Quebec, viewed through the UN convention on the Rights of the Child. This book will also contain a in-depth analysis of existing legislation, doctrine and case law and proposals for reform in light of the convention. The book will fill a void in the French academic tools presently available. The book is due out in 1999.
Question No. 184—