Mr. Speaker, on the eve of the 25th anniversary of CEDAW, the Convention on the Elimination of All Forms of Discrimination against Women, the treaty monitoring committee made a series of recommendations of particular relevance to Canada which bear recall today.
It recommended that Canada call upon the federal government:
To double its efforts to put an end to the feminization of poverty and to reform laws that both directly and indirectly result in discrimination against Aboriginal women. The CEDAW Committee also recommended that Canada: i) improve its Live-in Caregiver programme by re-examining the legal obligation that workers live with their employers and by fasttracking access to permanent residency; ii) double its efforts to eliminate violence against women; iii) adopt measures to increase women's representation in politics and public life; iv) work harder to implement a national child care strategy; v) increase benefits allocated to maternity/parental leave; and that Canada vi) double its efforts to achieve pay equity and increase funding for legal aid, notable by restoring the budget to the Court Challenges Program devoted to addressing inequalities in the provinces.
In that regard, what I would like to do within the time constraints is address three areas in which government action or inaction can have a positive or prejudicial impact on the state of women's rights in both the domestic and international arenas, as the case may be.
First and foremost, and having regard to the motion before this House today, I will address the issue of pay equity, where the government has failed to act on this issue on the grounds that no consensus exists as a matter of principle and policy in this matter. Yet, this response by the government ignores the seven points of consensus that have arisen from the pay equity task force group which conducted a comprehensive review of pay equity law and policy in this country, a consensus which our government adopted and which, as I indicated in one of my last submissions as a minister to the Standing Committee on the Status of Women of the House of Commons, we were prepared to act upon in that regard.
Let me briefly identify the seven points of consensus for the purposes of our understanding, arrived at after a series of sustained consultations across this country with a myriad of groups, all engaged in this issue and arrived at within the 113 recommendations.
First, all stakeholders were committed to the principle of pay equity.
Second, all agreed that the principle of equal pay for work of equal value is a human rights principle.
Third, all agreed that employers have a positive obligation to take steps to eliminate wage discrimination.
Fourth, all agreed that any new pay equity regime should be equally accessible to unionized and non-unionized employees.
Fifth, all stakeholders agreed that any new pay equity regime should provide more guidance on how the pay equity standards should be met.
Sixth, all stakeholders agreed that there should be a neutral source of assistance, information and respect.
Finally, all the stakeholders agreed that there should be an independent adjudicated body with expertise to deal with any pay equity issues.
One would have hoped that the government would have acted upon this, not only because of the seven points of consensus, but because the Prime Minister, in his remarks on January 18, 2006, in the midst of an election campaign, declared this on the whole issue of women's rights:
Yes, I'm ready to support women's human rights and I agree that Canada has more to do to meet its international obligations to women's equality. If elected, I will take concrete and immediate measures, as recommended by the United Nations, to ensure that Canada fully upholds its commitments to women in Canada.
One would have hoped that the Prime Minister would have followed through on the commitment. Yet if one looks at the Speech from the Throne, if one looks at the mini budget, there is nothing to reflect and represent that commitment which, at the time when uttered by the Prime Minister, encouraged us to believe he would act on the recommendations as set forth by the committee, regarding the convention on the elimination and discrimination against women.
One would have hoped the would have appreciated the clarion call that came out of the Vienna Conference on Human Rights, which said, “Women's rights are human rights and there are no human rights which do not include the rights of women” and that we must act on this, not as a matter of rhetoric but as a matter of principle and policy.
As women's groups across the country and Canadians have affirmed, not only as principle and policy but to ensure its implementation, this should be a priority on the government's agenda. Yet there does not appear to be any expressed priority on the government agenda in this regard.
I mentioned the seven points of consensus on pay equity. Regrettably, in the matter of pay equity, the Prime Minister once said, “Pay equity is a ripoff”. I would hope that the Prime Minister, in light of his own statement in the election campaign on January 18, 2006, and which I quoted and I take him at his word, will therefore move to act on the issue of pay equity, which at this point is out of reach for many women, and the statistics speak for themselves.
On average, women working part time earn 30% less than their male counterparts. I am just quoting some of the data. Indeed, in the Prime Minister's province, Alberta women make only 56¢ for each dollar that men make. Moreover, regardless of their educational attainments, women suffer from pay disparities and inferiorities. In 2003 women earned on average $24,000 per year while men earned $39,300.
Accordingly we recommend that the government should take the comprehensive pay equity task force set of seven points of consensus seriously. First, it should introduce as recommended a proactive law to rectify pay inequality from the start. Second, it should set more than clear standards for pay equity and ensure that the laws apply and this right is redressed.
This brings me to a second issue that I wish to address. It has to do with the whole question of a comprehensive and sustainable legal aid system in the country.
At a meeting of the ministers of status of women, held in Saskatchewan in 2005, all the women there, reflecting and representing a consensus across this country, called for a comprehensive and sustainable legal aid system in Canada, recognizing, as they affirmed that the absence of such a comprehensive and sustainable legal aid system prejudicially impacted on the rights of women, whether we talk about family matters, or child custody cases, or low income single parents who are women, and I could go on.
Later that year, in November 2005, the meeting of federal-provincial-territorial ministers of justice across the country, acting upon the recommendation of the ministers on the status of women conference, unanimously recommended that such a comprehensive and sustainable legal aid program be put into effect. Regrettably, the government has not taken any initiative in this regard, neither in the area of enhancing the criminal legal aid program, nor, in particular, the civil legal aid program with all the adverse fallout that the absence of such a comprehensive program has for women and other disadvantaged and vulnerable groups in the country.
This brings me to the third and final point, which is the importance of the Canadian Charter of Rights and Freedoms and the promotion and protection of equality rights in general and women's rights in particular.
The advent of the Charter of Rights, as the women of Canada have themselves affirmed, has had a transformative impact, not only in the protection of equality and women's rights but in fact on the ground, in the lives of women.
As justice minister, I went across the country. When I asked women if they were better off now than they were before the Charter of Rights was enacted, the answer was, invariably less. This was also because the women were particularly responsible for including in the charter the section 15 guarantee in the language in which it reads, which now prohibits discrimination on grounds of gender inequality and it speaks about equality before the law, under the law, equal protection law, equal treatment law, and has the only non-substantive clause in the charter dealing with gender equality. Notwithstanding anything in this act, men and women are equal in all respects.
Regrettably, however, in the throne speech, before and since, there has been no reference to the promotion and protection of the Charter of Rights and Freedoms, nor to the promotion and protection of women's rights.