Canada and Ontario’s Treaty Reporting

There are 10 United Nations human rights treaty bodies comprised of independent experts to monitor the implementation of the core international human rights treaties.  Although the federal government is formally responsible for reporting to UN bodies the Province of Ontario has contributed to Canada’s submissions by providing separate reports on compliance with international human rights law in areas of provincial jurisdiction.  Many of the concerns and recommendations made by UN treaty bodies relate to issues within provincial jurisdiction and require responses by provincial/territorial governments including Ontario.  In fact, Ontario has repeatedly cited much of its domestic legislation as the means for which it ensures compliance with its obligations under relevant treaties.

In making arguments before courts and tribunals about the interpretation of legislative provisions it is helpful to refer to submissions made by Ontario to UN reviewing bodies about how this legislation is meant to protect social rights and implement Canada/Ontario’s international human rights obligations.
The following documents highlight Ontario’s submissions to UN bodies regarding the implementation of social rights in areas of provincial jurisdiction and UN bodies’ recommendations and concerns as they relate to Ontario’s international obligations.

 

  • To view comments/concerns/observations relating to Ontario’s implementation of human rights by subject click here.

 

Committee on Economic, Social and Cultural Rights 

The United Nations Committee on Economic, Social and Cultural Rights (CESCR) monitors the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR).  Canada has issued reports to the Committee on 5 occasions and in 1993, 1998 and 2006, the CESCR produced “Concluding Observations” regarding Canada’s implementation of the International Covenant on Economic, Social and Cultural Rights.

The ICESCR is the most relevant treaty for interpreting Ontario’s international legal obligations with regards to social rights.  

Second Report:
Third Report:
Fourth and Fifth Reports:

For a list of Ontario’s programs and legislation relevant to the right to social security and the right to an adequate standard of living (food, clothing, housing) referenced in Canada’s Periodic Reports to the CESCR click here.

 

Committee on the Elimination of Discrimination Against Women

The Committee on the Elimination of Discrimination Against Women monitors the implementation of the Convention on the Elimination of Discrimination Against Women (CEDAW).  In cases dealing with poverty and/or access to housing for women in Canada, Ontario’s obligations under CEDAW are to protect women’s right to equal enjoyment of housing.  In its Concluding Observations the Committee has continually emphasized its concern at the disproportionate impact that poverty and a lack of access to adequate housing has on women and their children.

Fourth Periodic Report: 

  • 1995: Canada’s Fourth Periodic Report
  • 1997: Concluding Observations of the Committee- Full Text (sections relevant to the interpretation and application of legislation and policy in Ontario are highlighted)

Fifth Periodic Report:

Sixth and Seventh Reports (Combined):

 

Human Rights Committee

The Human Rights Committee (HRC) monitors the implementation of the International Covenant on Civil and Political Rights (ICCPR).  Although issues relating to the right to an adequate standard of living (such as housing, food, water) are traditionally thought of as “economic and social rights” the international community as well as human rights scholars and legal practitioners have continually rejected the dichotomization of civil and political rights and economic, social and cultural rights.  The link between the two “sets” of rights is now viewed to be inextricable and  with more substantive understandings of the right to life, equality and non-discrimination, many of the programmatic types of obligations traditionally associated with economic and social rights have become subject to legal claims within the civil and political rights domain.  Indeed, the inherent connection between all types of human rights is seen in Canada’s reports to the HRC when both the federal and provincial governments made references to homelessness and poverty in their submissions under article 6 of the Covenant, “The Right to Life”.  In this regard, Canada’s Fifth Periodic Report and the Concluding Observations of Committee for the Fourth and Fifth Periodic Reports are most relevant.

Fourth Periodic Report:

Fifth Periodic Report:


Committee on the Rights of the Child

The Committee on the Rights of the Child monitors the implementation of the Convention on the Rights of the Child (CRC).  Children are considered to be a vulnerable group in need of special judicial and legislative protection. The status of children as a vulnerable group establishes a greater duty on all levels of government to ensure that all children can realize their right to an adequate standard of living.  The Committee has noted in its Concluding Observations its concerns that in Canada, child poverty and homelessness (especially among Aboriginal communities), has become an increasingly prevalent problem.  Also, in its Second Periodic Report, the Government of Canada commented extensively on the problems of homelessness, inadequate housing and inadequate access to food as barriers to children from realizing their right to an adequate standard of living pursuant to Article 27 of the CRC.

First Periodic Report:

Second Periodic Report:

Third and Fourth Periodic Report:

Committee on the Rights of Persons with Disabilities 

The Committee on the Rights of Persons with Disabilities is responsible for monitoring the implementation of the Convention on the Rights of Persons with Disabilities (CRPD).  Canada ratified the CRPD in March 2010 and thus has not yet submitted a report to the Committee.  Canada has not signed or ratified the Optional Protocol to the CRPD.

 

Working Group on the Universal Periodic Review

In addition to monitoring conducted pursuant to specific human rights treaties, under UN General Assembly Resolution 60/251 which created the United Nations Human Rights Council, Canada’s overall human rights record is subject to review under the Universal Periodic Review (UPR) process.  Under UPR, the human rights record of every nation is reviewed every four years.  In Canada’s first UPR in 2009,  strong concerns were expressed by the Committee and other nations about increasing homelessness and violations of the right to adequate housing in Canada as well as the prevalence of poverty particularly within aboriginal communities.

2009: Canada’s First National Report – Full Text (sections relevant to the interpretation and application of legislation and policy in Ontario are highlighted)

2009: Report of the Working Group - Full Text (sections relevant to the interpretation and application of legislation and policy in Ontario are highlighted)

 

Other Reports