Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Canada (Ratification: 1964)

Legislative developments. Federal. The Committee previously noted the repeal of section 67 of the Canadian Human Rights Act, which had limited the access of First Nations peoples to the protection of the Canadian Human Rights Act. Regarding the effect of the repeal, the Committee notes the Government’s indication that a comprehensive review will be undertaken by 2013, and a study, in dialogue with national Aboriginal organizations, is expected to be released by the end of 2011. The Committee also notes the concerns raised by the Government regarding the impact of the repeal on the number and complexity of complaints that will need to be dealt with by the Canadian Human Rights Commission (CHRC) since it is now mandated to deal with complaints addressing the application of the Indian Act, 1985. The Committee requests the Government to continue to provide information on the progress made in reviewing the effect of the repeal of section 67 of the Canadian Human Rights Act on the right of First Nations peoples to protection against non-discrimination in employment and occupation, and measures taken to address the impact on the CHRC of the repeal. Welcoming the information on the awareness-raising activities undertaken provided by the Government, the Committee requests that such information continue to be provided.

Legislative and policy developments. Provincial. The Committee notes the adoption of legislation in Nova Scotia to broaden the definition of “family member” for the purposes of taking unpaid protected leave for compassionate care, and to prohibit mandatory retirement policies/plans/schemes or practices. The Committee notes, however, the Government’s indication that there is uncertainty regarding the amendments to end mandatory retirement, due to a decision of the Supreme Court of Canada which allowed mandatory retirement under a pension plan. The Committee notes that the Ontario proposed Employment Accessibility Standard aimed at removing barriers at all stages of the employment cycle for persons with disabilities, is in the latter stages of development. The Committee also notes the Quebec strategy for the integration and maintenance of employment of persons with disabilities, which includes, among other measures, public procurement provisions, and the establishment in Saskatchewan of the Diversity Task Force for the public service. The Committee asks the Government to continue to provide information on the legislative and policy developments at the provincial level, as well as regarding the impact of such measures. Please also include such information relating to the territories.

Sexual harassment. In response to its concerns regarding the prevalence of sexual harassment of women in employment and the low number of complaints, the Committee notes the Government’s indication that the labour inspectors, when conducting workplace inspections, will ask about the sexual harassment policy statement which is required under the Canada Labour Code, and will require the employer to meet the Code’s requirements in this regard. The Committee also notes that according to the Government, discussions are under way regarding the need for a more efficient enforcement system. Noting the general information provided by the Government, the Committee again requests the Government to provide detailed information on the number and nature of violations detected by or reported to the labour inspectorate regarding sexual harassment, including concerning the absence of a sexual harassment policy statement, and any action taken, as well as any judicial or administrative decisions dealing with sexual harassment. The Committee also asks the Government to provide specific information on any other measures taken to prevent and address sexual harassment in practice, and on the results of the review of the enforcement system as it relates to sexual harassment.

Employment equity designated groups. Women, visible minorities, persons with disabilities and Aboriginal peoples. The Committee notes the information provided regarding the change in the representation levels of the four designated groups under the Employment Equity Act, which has increased for women and visible minorities, and appears to have stagnated with regard to Aboriginal peoples and persons with disabilities. The Committee notes the information provided regarding the outcome of the 632 compliance reviews under the Employment Equity Audits: Federal Contractors Program (FCP), resulting in six employers being found to be non-compliant, and thus ineligible to receive contracts over 25,000 Canadian dollars. The Committee also notes the information regarding the Employment Equity Audits: Legislated Employment Equity Program (LEEP) pursuant to which the CHRC audits federally regulated employers. The Committee requests the Government to continue to provide information on the employment equity audits and on any other initiatives aimed at increasing the representation levels of the designated groups, and the results thereof. Please also provide information on the impact of measures to address discrimination against visible minorities in employment and occupation, including under Canada’s Action Plan against Racism, and the Racism-Free Workplace Strategy.

Court Challenges Program. The Committee previously requested the Government to consider reinstating the Court Challenges Program (CCP), which was eliminated in September 2006, which provided assistance for test cases of national significance in order to clarify the rights of official language minority communities and the equality rights of disadvantaged groups. The Committee had also noted the concerns raised by the United Nations Committee on the Elimination of Racial Discrimination (CERD) in light of the elimination of the CCP regarding the difficulties of access to justice for Aboriginal peoples, African Canadians and persons belonging to minority groups, and that no equivalent support mechanism has been put in place (CERD/C/CAN/CO/18, 25 May 2007, paragraph 26). The Committee notes the Government’s indication that the CCP has not been reinstated, but that a new Language Rights Support Program has been established. The Committee notes the report of the independent expert on minority issues, indicating that while the funding under the CCP was partially restored with respect to language rights, it does not cover other non-linguistic minority and discrimination issues, and recommending that the abolition of the CCP be reviewed (A/HRC/13/23/Add.2, 8 March 2010, paragraphs 22 and 108). A similar recommendation was made by the United Nations Committee
on the Elimination of Discrimination against Women (CEDAW) (CEDAW/C/CAN/CO/7, 7 November 2008, paragraphs 21–22). The Committee requests the Government to take steps to ensure that women, Aboriginal peoples, African Canadians and persons belonging to minority groups have effective access in practice to procedures to address violations of discrimination in employment and occupation, including reviewing the decision to abolish the CCP, and to provide information on the steps taken in this regard.

Gender equality in employment and occupation. Recalling the range of activities of the Status of Women Canada (SWC) to promote gender equality in employment and occupation, the Committee notes the concerns expressed by the CEDAW regarding the restructuring of the SWC which has resulted in the closure of a number of the SWC’s regional offices, thus making access to the services of the SWC more difficult for women, particularly in remote and rural areas (ibid., paragraphs 25–26). The Committee requests the Government to review the impact of the restructuring of the SWC on women’s access to programmes and services that assist their access to employment and occupation, and to take steps to address any detrimental effects. The Committee also requests the Government to continue to provide information on initiatives to promote the employment of women in occupations that have been traditionally dominated by men, and the impact thereof.

Aboriginal peoples. The Committee notes the information provided regarding the range of initiatives to support training and improve employment opportunities for Aboriginal peoples, including the Aboriginal Human Resources Development Strategy, the Aboriginal Skills and Training Strategic Investment Fund, and the Pan-Canadian Innovations Initiative, one of the projects of which focuses on providing Aboriginal women with training and personal support to assist them in integrating into non-traditional jobs within the mining, petroleum and natural gas sectors. Welcoming the initiatives to improve the employment opportunities of Aboriginal peoples, the Committee requests the Government to continue to provide information on the impact of these initiatives in terms of improving the access of Aboriginal peoples to employment and to a wider range of occupations. Please also provide information of any other initiatives to promote equality and address discrimination against Aboriginal peoples in employment and occupation, including those focusing on Aboriginal women, at the federal, provincial and territorial levels.

Migrant workers. The Committee notes the general information provided by the Government regarding the Live-in Caregiver Program, which is part of the Temporary Foreign Workers Program, including the indication that measures are being taken to address monitoring and compliance issues through a multi-regional and multi-sector monitoring initiative. The Committee also notes the hotline established, and consultations initiated by the Ontario Government with a view to improving the working conditions of vulnerable temporary foreign workers, including through the adoption of new legislation to better protect employees who are part of the federal Live-in Caregiver Program. The Committee also notes the initiatives to address barriers to qualifications recognition of migrant workers, including the adoption of the Manitoba Fair Registration Practices in Regulated Professions Act, 2009, and the Pan-Canadian Framework for the Assessment and Recognition of Foreign Qualifications. In addition, the Committee notes the Quebec programme to assist the integration of immigrants and visible minorities in employment, which since 2005 has led to 2,400 participants finding employment. Noting concerns raised previously regarding exploitation and abuse of migrant domestic workers under the Live-in Caregiver Program, and the particular vulnerability of domestic workers, the Committee once again asks the Government to provide specific information on the nature of the monitoring and follow-up undertaken, the number and nature of violations of the rights of migrant domestic workers reported or detected, and any sanctions imposed or remedies provided. The Committee also requests information on the follow-up to the initiatives taken in Ontario to better protect migrant workers, and regarding any similar initiatives in other Canadian jurisdictions. Please also provide information on any further initiatives to promote equality of migrant workers in employment and occupation.

Enforcement. Welcoming the detailed information provided by the Government regarding discrimination complaints and court and tribunal cases at the federal level and for many of the provinces, the Committee asks the Government to continue to provide such information, including for the provinces of British Columbia, Nova Scotia and Saskatchewan, as well as the territories. Please also provide information on the impact of the new complaints procedure in Ontario on monitoring and enforcement of the non-discrimination provisions.