Replies to Lists of Issues - CRC - Canada

Reply to List of Issues : Canada. 03/05/95.

List of Issues to be Taken up in Connection with the Consideration of the Initial Report of Canada

I. General Measures of Implementation

(Arts. 4, 42 and 44, para. 6 of Convention)

1. In light of the contents of the World Conference on Human Rights Declaration and Plan of Action by which States encouraged, inter alia, to consider reviewing any reservations to international human rights instruments with a view to withdrawing it, please provide information on whether the Government is considering the possibility of withdrawing its reservations to the Convention on the Rights of the Child.

Upon ratification of the Convention on the Rights of the Child Canada entered the following reservation to article 21:

With a view to ensuring full respect for the purposes and intent of Article 20(3) and Article 30 of the Convention, the Government of Canada reserves the right not to apply the provisions of Article 21 to the extent that they may be inconsistent with customary forms of care among Aboriginal peoples in Canada.

Canada's reservation to article 21 was made after consultations with national Aboriginal groups and is intended to ensure full respect for the purpose and intent of Articles 20(3) and 30, by reserving the right not to apply the provisions of Article 21 in so far as it may be inconsistent with the practice of customary forms of care among the Aboriginal peoples of Canada does not intend to withdraw reservation.

The Government of accepts the general principles of Article 37(c) of the Convention, but es the right not to detain children separately from adults in circumstances where this is not appropriate or feasible.

The Government of Canada has committed to a full scale review of its youth justice system which will include the issue of placement of young persons in adult systems. The principle of requiring detention of juveniles separate and apart from adults is the norm in Canadian law but eighteen years of age or over as they often remain in the youth justice system to complete their disposition or sentence, thereby retaining continuity and preventing exposure to adults whose criminality may be more entrenched.

2. Please provide information on the measures taken to incorporate education about the principles and provisions of the Convention in training and re-training programmes for profession working with or for including lawyers, judges, teachers, prison authority personnel, youth detention facility employees and police officers.

As indicated in Canada's report, the Human Rights Directorate of the Department of Canadian Heritage works with various groups and institutions, including the Children's Bureau of Health Canada, to develop educational materials on the Convention on the Rights of the Child in an effort to increase the awareness and understanding of Canadians. Though the Directorate does not have a system approach to train professionals working with children in all fields of expertise, it did provide funding to UNICEF Canada for the development of training courses on the Convention, targeting various professionals including lawyers, social workers, etc.

In terms of young offenders being committed or transferred to penitentiary, training by the Correctional Services of Canada (CSC) for staff at all entry levels is in keeping with the Convention on the Rights of the Child, and incorporates emphasis on the mission of CSC, its core values and strategic objectives. Through the on the mission document, core values and strategic objectives, CSC ensures that the needs of individual offenders are identified for placement decisions, case management, programs and education. This type of training requires CSC to take into consideration the different needs of young offenders compared to adult inmates. (Please see Annex A on mission statement of the Correctional Service of Canada.)

3. Please indicate whether any additional steps are being considered for creating more widespread awareness among adults and children about the principles and provisions of the Convention.

In recognition of the adoption by the United Nations General Assembly of the Convention on the Rights of the Child, the Government of Canada, on March 19, 1993, enacted Bill C-371 proclaiming November 20 as National Child Day. Since that time, numerous community groups, municipalities and governments have organized activities and events on November 20 to celebrate the value of children and increase the awareness of Canadians of the Convention on the Rights of the Child.

Human Rights Directorate of Canadian Heritage and the Child's Bureau of Health Canada also work with other Departmental programs and other federal Departments on joint initiatives designed to increase the awareness of Canadians of the Convention on the Rights of the Child.

II. Definition of the Child

(Art. 1 of the Convention)

4. Are there any plans to consider the possibility of harmonizing legislation throughout the country with regard to the minimum age for employment of and the minimum age for legal or medical counselling without parental consent?

There are not currently any plans to consider the possibility of harmonizing Canadian legislation on minimum age of employment for children. There is already a high degree of similarity in this regard among Canadian jurisdictions (see attached Annex B - chapters on "Statutory-school leaving age" and on "Minimum age for employment" in Employment Standards Legislation in Canada, 1995-96 ed., to be published shortly by Human Resources Development Canada (Labour Canada)).

In regard to the minimum age for legal and medical counselling without parental consent, this is a matter that comes within provincial and territorial jurisdiction. There are not currently plans to harmonize minimum ages throughout Canada in these areas.

As a maw of information, one mechanism for harmonizing provincial and territorial legislation in Canada is through the work of the Uniform Law Conference, which drafts model codes in areas where them is a perceived need for uniformity among the various jurisdictions, for possible treatment by them. In 1975 a Uniform Medical Consent of Minors Act was adopted by the Uniform Law Conference. It has not been enacted by any jurisdiction. There have however been a number of progressive pieces of legislation enacted or proposed on medical consent by provincial-territorial governments in recent years, such as the 1994 Ontario Consent to Treatment Act and Prince Edward Island's proposed Consent to and Health Care Directives Act.

5. Please provide more information on the concrete measures being taken to combat discrimination against children born out of wedlock, refugee children, children claiming refugee status or asylum-seeking children, Aboriginal children, visible minority children and children living in remote areas. In particular, in view of the information contained in paragraph 64 of the report which indicates that Aboriginal groups are contained about the treatment of Aboriginal children. in the criminal justice and educational systems, plain provide details of the measures being considered to address these issues.

The Canadian Human Rights Act, which applies to children as well as adults, prohibits discrimination at the federal level in employment and the provision of goods and services on the basis of race, national or ethnic origin, colour, religion, age, sex, marital status, family status, disability or conviction for an offence for which a pardon has been granted.

The Canadian Human Rights Commission, which administers the Canadian Human Rights Act, addresses discrimination against children by:

- raising public and governmental awareness of discrimination against children in a variety of ways, including through its Annual Reports, which are tabled in Parliament. For example, the 1994 Annual Report discusses the problem of child poverty, inadequate child support payments to custodial parents upon separation and divorce, and the shortage of child care spaces, particularly for children with disabilities and Aboriginal children;

- urging the Government of Canada to take action on issues affecting children, such as poverty, inadequate child support, violence and suicide among Aboriginal children; and

- acting to address discrimination against women, which has a detrimental effect on their children.

The Canadian Human Rights Commission accepts complaints of discrimination filed by a parent on behalf of a child. However, because of the nature of its jurisdiction, the Commission has had very few such complaints. There have been complaints involving children filed with provincial human rights commissions, including complaints of the following sort:

- refusing to admit a child to a private school because he is a member of the Sikh faith and wears a turban;

- discriminatory remarks on the part of a teacher in writing and in public about members of a particular religion (Jewish people);

- restrictions on the number of students permitted to enter retail stores near a school at one time; and

- not permitting families with children under the age of sixteen years in condominiums.

(iii) Refuge children, children claiming refugee status or asylum-seeking children

Canada is ensuring that the benefits granted to Canadian children are also given to children seeking refugee status, as well as the children of refugees, in its territory. Children who are refugees or refugee claimants are permitted to attend school, to have access to provincial social assistance and, generally, to medical care. If provincial authorities responsible for health services do not provide refugee claimants access to health services, the federal government assumes responsibility for ensuring that they have any essential medical care. Children seeking refugee status, in addition to the universal right to counsel, who may be a lawyer, at immigration inquiries or refugee hearings, may have a "representative" to ensure respect of their "best interests." Where no parent or guardian is available, that representative is retained at the expense of the tribunal.

The Native Citizen's Directorate of the federal Department of Canadian Heritage provides financial assistance to Aboriginal organizations and the Aboriginal Women's Program. One of the issues addressed by these options is discrimination against Aboriginal children. The Directorate also provides financial assistance to Aboriginal Friendship Centre which address this issue through the programs and services they deliver and their partnerships with municipalities and other local organizations.

The Government of Canada has been engaged with Aboriginal groups in developing community self government arrangements. These are directed at providing Aboriginal people greater control over matters directly affecting their lives, their children and their communities, including education and increased involvement in the criminal justice system.

The Royal Commission on Aboriginal Peoples, established in 1991, has held extensive hearings and consultations on issues such as Aboriginal health, education and administration of justice. The first volumes of the report will be released in 1995 and will include recommendations.

In the 1994 Budget the Government of Canada allocated $120 million over 3 years to improve Aboriginal education. A now initiative starting in fiscal year 1995-96 is the Aboriginal Head Start (ARS) program, for school children. It is a compensatory initiative for Aboriginal children and their families living in urban centres and northern communities. It is expected to show that locally designed and controlled early intervention can provide Aboriginal preschool children with a positive sense of themselves.

The provinces and territories have primary jurisdiction over education. The federal Department of Heritage works to develop programs and practices to combat racism in partnership with provincial and territorial Departments of Education, school boards, teachers' federations, school administrators, deans of faculties of education, parent associations, student groups and community associations. In corporation with these partners, initiatives have been developed in the following areas: institutional change, public education, development and dissemination of educational tools, training, research and evaluation.

Projects have included comprehensive implementation of a race relations strategy with the Halifax County Bedford District School Board; production of short video programs entitled First Nations: The Circle Unbroken to raise awareness of contemporary issues from an Aboriginal perspective; and development of a teachers' resource guide to incorporate anti-racism concepts into school curriculum.

The Department of Canadian Heritage also coordinates a national anti-racism campaign which seeks to eradicate racism against all Canadians, including children. It works with non-governmental organizations to develop anti-racism initiatives for youth belonging to ethno-cultural communities and visible minorities, in an effort to ensure that all children develop and grow to their potential without discrimination.

Many Aboriginal children live in remote areas, and the information provided above regarding them is also relevant here. See also response to question 19.

School Councils are required to be established for all schools in Alberta. The main purpose is to put more decision-making at the school level where school educators and parents have more say in how a school is operated. With school councils, Aboriginal parents have more opportunity to participate in decisions affecting their children.

As well, funds have been provided to school jurisdictions with specific plans for programs that are designed to enhance appreciation and understanding of Native people. Many jurisdictions have hired Native staff to promote understanding and cooperation between provincial school jurisdictions and Native people. Native people fill liaison, language instructor and counsellor positions. Native parent committees have also been established to increase understanding and to ensure that Native people are involved in the education of their children. There are currently approximately 120 Native people, in various school jurisdictions, employed through Native Education Project grants.

Due to restructuring in the last year, these grants are still provided to the school jurisdictions but are now included in the block funding process. This means that the funds are no longer ear-marked; however, the Native Education Project retains a monitoring function to ascertain that the funds are expended appropriately.

6. Please provide further information with regard to the statement contained in paragraph 69 of the report which indicates that amendments to the regulations of the Immigration Act are being considered to improve the safeguard of the best interests of the child.

The 1995 Immigration Plan continues to give priority to the reunification of immediate family members. All sponsored spouses and dependent children who apply will be processed, subject to the usual medical and security requirements. The commitment continues for six-month processing of routine cases.

Generally, the United Nations High Commissioner for Refugees (UNHCR) does not choose third country resettlement as the preferred protection solution for the vast majority of refugees in the world. For individuals that do require resettlement to another country, Canada is one of only three countries that operates a major refugee resettlement program. The 1995 Immigration Plan maintains the commitment to resettlement 7,300 government-assisted refugees. The UNHCR estimates that 80% of all refugees under its mandate are women and children. The government will work with the UNHCR to maximize the number of referrals of women and children in need of protection and resettlement.

In 1994, Canada ratified the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption. Adoption falls under the jurisdiction of the province or territory in which the adoptive parents reside. However, the federal government does have a role in determining the admission of adopted children to Canada. Currently, the Immigration Regulations provide that the child must be adopted prior to reaching the age of nineteen in accordance of the laws or customs where the adoption took place, and that the purpose of the adoption cannot be to circumvent requirements for immigrants found in the Immigration Act or regulations. The Department of Citizenship and Immigration is considering what further amendments to the Immigration Regulations are necessary, to ensure that they are in line with the Intercountry Adoption Convention.

7. With respect to paragraph 70 of the report, please indicate the measures being taken or envisaged to address the Aboriginal community's concerns that current practices regarding adoption and alternative care are not consistent with the best interests of children in those cases where Aboriginal children are placed with non-Aboriginal parents.

When Canada ratified the Convention of the Rights of the Child it entered a reservation to article 21 to ensure that customary adoptions and forms of alternative care among Aboriginal peoples were respected. Consultations were conducted with national Aboriginal groups on this reservation before ratification. A primary purpose of entering this reservation was to address the concerns of Aboriginal peoples that current practice regarding adoption and alternative care arrangements were not consistent with the best interests of Aboriginal children.

The Statement of Understanding entered by Canada upon ratification of the Convention, to the effect that it would take into account article 30 in adopting measures to implement the Convention for Aboriginal children, was requested by Aboriginal groups, to address their concern that Aboriginal heritage be respected in all decisions affecting Aboriginal children, to better protect their best interests.

Under the federal Indian Act, Indian children who are adopted, including by non-Aboriginals, have special rights and entitlements which are not lost by reason of adoption. Additionally, the Indian Act allows non-Indian children adopted by status Indians to gain status and possibly band membership.

Adoption criteria and procedure are governed by provincial and territorial legislation. In the last ten to fifteen years placement of Aboriginal children with non-Aboriginal has become less commonplace. Recent court cases indicate that the courts are taking Aboriginal heritage into consideration in adoption decisions, although there are still placements with non-Aboriginals when in the view of the court there is no viable alternative within the Aboriginal community.

Family and Social Services is working with the First Nations to develop protocols regarding case management for Aboriginal children. There is also policy regarding placement of Aboriginal children in foster homes and adoption of these children. Current policy requires that efforts be made to place Aboriginal children in Aboriginal homes. When this is not possible, the child may be placed in a non-Aboriginal home. However, department staff and foster parents receive training and orientation on Aboriginal issues. Parents are encouraged to with die Aboriginal community to allow the child to stay connected with that community. In Alberta, before an Aboriginal child can be adopted, the chief of the council or the council of the band must be consulted with. The Child Welfare Act requires that a person who adopts a child who is an Indian must take reasonable measures on behalf of the child necessary for the child to exercise any rights he may have as an Indian. Once the child is capable of understanding his status as an Indian, the adoptive parents must also inform the child of that status.

8. Please provide further information on the measures taken to ensure that the right of the child to express his/her views and to have those views taken into account are respected, particularly with regard to the placement of children in mental health institutions.

Section 3(l)(e) of the Young Offenders Act recognizes and declares that young persons have rights and freedoms in their own right, and in particular the right to be heard in proceedings affecting them. In non-criminal matters, children are not parties to proceedings and do not participate in them in the same manner and to the same extent as adults. For information on how the right of children to have their views taken into account is implemented in the immigration context, see response to Question 22.

In Alberta, under the Child Welfare Act, if a child is the subject of a temporary or permanent guardianship order, and is suffering from a mental or behavioral disorder, presents a danger to himself or others, or must be confined to alleviate the disorder, he may become subject to a secure treatment certificate and perhaps ultimately a secure treatment order.

The child is informed about the length of and reason for confinement and informed that he or she may be represented by a lawyer at Court. The address and telephone number of the nearest Legal Aid Office is also provided. A child who is subject to a secure treatment order may apply to the Court for a review of the order.

The services of the Children's Advocate are available to all children receiving services under the Child Welfare Act, including those who are in secure treatment.

In Ontario, the relevant provisions on placement in mental institutions are as follows

the child is informed of his or her rights upon admission to the residential placement. The Office of Child and Family Service Advocacy's mandate coordinates and administers a system of advocacy on behalf of children and families who receive services under the Child and Family Services Act (CFSA) and advises the Minister on matters concerning the interests of those children. Under the CFSA, the Minister may establish a Residential Placement Advisory Committee (RPAC) composed of service providers, one Ministry representative, and other persons who have demonstrated an informed concern for the welfare of children. The Minister specifies the territorial jurisdiction of each RPAC.

The RPAC's duties are to advise, inform and assist parents, children and service providers with respect to the availability and appropriateness of residential services and alternatives to residential services. The RPAC provisions apply to placements other than placements for secure treatment which are governed by the courts. If there is a court application for secure treatment, there may be an opportunity for the child to participate in the court hearing. If it is an emergency admission to secure treatment, there are provisions requiring the involvement of the Office of Child and Family Advocacy Services to ensure that the right to a review is explained to the child

The RPAC conducts reviews of every residential placement (not secure treatment) in institutions (ten or more beds) where children are placed within its territorial jurisdiction, if the placement is intended to last ninety days or more. The RPAC also reviews every residential placement of a child who is twelve years of age or older and who objects to the placement. At the end of its review, the RPAC submits its findings and recommendations to the parties including the child where it is reasonable to expect him or her to understand. The child who is twelve years of age or older, who has objected to the placement and who is not satisfied with the results of the review of the RPAC, may apply to the Child and Family Services Review Board (CFSRB. The

CFSRB conducts its review and makes its recommendations within thirty days. The CFSRB may order the transfer of the child to another residential placement, that the child be discharged or may confirm the existing placement.

The Child and Family Services Act specifies that a child has a right to a plan of care and the right to participate in its development and in the introduction of any changes made to it. Licensed residents must have internal complaint procedures, also prescribed under the CFSA. Service providers are required to review and try to resolve any complaint filed by the child if he or she considers that his or her views are not taken into account.

A further review of the complaint can be made upon request in writing from the child to the Minister if he or she is not satisfied with the actions taken by the service provider to remedy the situation. At this stage, the Minister appoints a person who is not employed by the service provider to conduct a review of the situation. The review must be conducted within thirty days and the report on the findings, as well as the recommendations that it contains, are submitted to the child, the service provider and the Minister. The Minister must inform parties of actions, if any, that he or she has decided to take. The Minister's decision does not affect any other remedy that is available.

The Children's Services Policy Framework, which was adopted in 1993, is presently being implemented. One of the milestones of implementation is that service providers develop specific procedures by which parents and children can be included in decisions about the services that they receive.

The new Mental Health Act of Prince Edward Island will, when proclaimed, increase protection for everyone, including children and youth, facing placement in a mental health institution. The protection guaranteed meets the requirements of Article 12 as to the right to express views and have them taken into account.

Saskatchewan does not have mental health institutions for children. Efforts are made to deal with children's mental health problems in a decontrol community-level way. When appropriate, youths are sent to private treatment facilities. There are therapeutic group homes and foster homes with the expertise and training to deal with children with mental health problems. There are also community-level projects providing supervision and treatment. Children with problems so severe that constitute a danger for themselves or others are dealt with through the Mental Health Services Act in the same manner as adults, with the same procedural safeguards.

IV. Civil rights and freedoms

(Arts. 7, 9, 13-17 and 37(a) of the Convention)

9. Para. 117 of the report provides details of the provisions of the Privacy Act by which "authorized" persons may seek access to a child's personal information on his or her behalf. Please provide clarification as to the persons "authorized" to access this information and whether the child's consent is required in such matters.

Section 10 of the Privacy Regulations concerns the right of a minor or his guardian to gain access to his personal information under the Privacy Act. It states:

The rights or actions provided for under the Act and these Regulations may be exercised or performed

(a) on behalf of a minor or an incompetent person by a person authorized by or pursuant to the law of Canada or a province to administer the affairs or estate of that person.

Treasury Board policy elaborates on minors' rights. The policy recognizes that the regulation does not prevent an institution from obtaining consent from individuals who have not attained the age of majority when such individuals have the ability to the understand the matter for which consent is being sought and are able to appreciate the consequences of giving or refusing consent. In such circumstances, consent should be sought from the minor. In situations where there is a reasonable uncertainty that them conditions exist, the institution should seek the consent of the parent or guardian who has legal custody of the minor. While the age of majority varies from province to province, age sixteen is usually the age at which minors could reasonably be expected to be capable of giving informed consent.

10. What steps, if any, are being considered or envisaged to prohibit the corporal punishment of children both within the school and family environment?

Section 43 of the Criminal Code provides a justification for the reasonable use of force to correct a child by a parent, teacher or person acting in the place of a parent. It does not, however, authorize or condone the physical abuse of children. The Government of Canada is monitoring these cases. Several government reports have been prepared on corporal punishment, including the following: International Perspectives on Corporal Punishment Legislation: A Review of 12 Industrialized Countries, 1992,; Literature Review of Issues Related to the Use of Corrective Force Against Children, 1993; Report on Consultations on s.43,; and Corporal Punishment: Research Review and Policy Recommendations, 1995.

Local school boards establish policies an discipline in schools. Corporal punishment is generally prohibited by school board policy in each school system.

The Education Act does not address the issue of corporal punishment. Regulations under the Education Act provide that a pupil shall "accept such discipline as would be excused by a kind, firm and judicious parent." As a matter of policy, most school boards in Ontario do not condone corporal punishment. The remaining few boards that do permit corporal punishment generally have clear guidelines in place to govern such action.

V. Family Environment and Alternative Care

(Art. 5, 18 paras. 1 and 2, 9, 10, 27 para 4, 20, 21, 11, 19, 39 and 25)

11. What measures are being taken or are envisaged to improve the legal status of children born out of wedlock?

Generally in Canada, the concept of "illegitimacy" has become outmoded. However, it is a matter of provincial responsibility and provincial legislation differs. Ontario and New Brunswick have abolished the concept of "illegitimacy" entirely. Prince Edward Island has retained the status of the Legitimate child, but with respect to support, all children are British Columbia, Saskatchewan, Manitoba and Newfoundland have retained the concept in affiliation proceedings, but deem children legitimate in cases of more permanent common law cohabitation arrangements.

There have been a number of recent cases holding that distinctions relating to whether children are born out of wedlock are contrary to s. 15 (equality) of the Canadian Charter of Rights and Freedoms (M. (R.H.) v. H. (S.S.), (1994) 220 D.L.R. (4th) 220 (Alta. Q.B.); K. (L.) v L. (T.W.), (1998) 31 B.C.L.R. 2(d) 41 (Prov. Ct.); Tighe (Guardian ad Litem) v. McGillivary Estate, (1994) 112 (N.S.C.A.); and W. (D.S.) v. H. (R.), [1989] 112 D.L.r. (4th) 224 (Sask. C.A.)).

In M. (R.H.) v H. (S.S.), Moore J. summarized the situation in Alberta as follows:

In Alberta, both the legislature and the judiciary recognize that the differential treatment of a child based upon his or her mother's status is inappropriate and harmful to the child.

In this case, reference was made by the Court to the Convention on the Rights of the Child.

In 1991, the Parentage and Maintenance Act was passed. It provides a mechanism for

unmarried parents to pursue maintenance on behalf of their children. This Act replaced previous which had a two year limitation on the ability to pursue maintenance. Therefore, discrimination against children born out of wedlock was removed.

In, guardianship provisions under the Domestic Relations Act were changed from providing that the mother of an illegitimate child was the only guardian to setting out a set of presumptions for guardianship for both the mother and father. This eliminated the legitimate-illegitimate distinction.

The Children's Law Act (see Annex E) deals with these subjects. Saskatchewan makes no legal distant between legitimate and illegitimate children. Part II, sections 6, 8 and 9 deal with custody and access following separation of divorce.

12. Please provide further details of the steps taken to ensure the right of the child to maintain contact with both parents in cases where the child's parents are separated or divorced.

The federal Divorce Act, which governs child custody and child support pending and post-divorce, contains several provisions to promote contact with both parents but only if the contact is consistent with the best in of the child. These provisions are:

- Subsection 16(4): The court may make an order under this section granting custody of, or access to, any or all children of the marriage to any one or more persons.

- Subsection 16(5): Unless the court orders otherwise, a spouse who is granted access to a child of the marriage has the right to make inquiries, and to be given information, as to the health, education and welfare of the child.

- Subsection 16(7): ... the court may include in an order under this section a term requiring intends to change the place of residence of that child to notify, at least thirty days before the change or within such other period before the age as the court may specify, any person who is granted access to that child of the change, the time at which the change will be made and the new place of residence of the child.

- Subsection 16(10): In making an order under this section, the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact."

Subsections 17(5) and (9) contain similar provisions respecting variation orders.

In addition, with respect to financial support, subsection 15(8) recognizes that the spouses have a joint financial obligation to maintain the child.

In the application of these various provisions of the Divorce Act, generally the courts assume that continued contact with both parents is in the child's best interests. Access is very rarely denied by the courts. But the court has the discretion to curtail contact with a parent if it finds the welfare of the child requires it (for instance, in circumstances of abuse).

The question of access under the Divorce Act was considered by the Supreme Court of in Young v. Young, [1993] 4 S.C.R. 3, in the context of a claim by a father with access rights to involve his children in his religion as a Jehovah's Witness, and in particular to discuss his religion with them. In reaching its decision that the father should be allowed to do so, the Court emphasized the importance of continuity of relationships for children, but also that the ultimate criterion for determining access is the child's best interests.

In concluding that restrictions in the access order should be removed, McLachlin J. noted that the evidence indicated that the children were functioning in an entirely normal fashion, and that any possible harmful effects of the father's religious discussions on their relationship with him was outweighed by the importance of the children's "knowing him as he is".

With respect to ensuring a child's contact with his or her parents, the key means of enforcement of access orders against the custodial parent is contempt of court proceedings which can result in the custodial parent being lined or sentenced to jail. The more common access problem is the non-custodial parent's failure consistently to exercise these rights. The access parent has no obligation to exercise access rights, and the courts do not attempt to force an unwilling non-custodial parent to comply with an access order.

The Provincial Court Act provides for applications for custody and access to be made. Applications may be made by either parent of the child or by the child himself. Alberta Family and Social Services has a Custody and Mediation Program to help the parties attempt to resolve their problems. Where this is not possible, Family Court Counsellors assist the parties through the Court process in an impartial manner.

The Children's Law Act deals with these subjects. Part II, sections 6, 8 and 9 deal with custody and access following separation or divorce.

13. Please provide further information on the measures taken to effectively ensure that the best in of the child and the views of the child are taken into account in cases of adoption.

The process of adoption in Canada is governed solely by provincial or territorial statute. Generally, it is now recognized throughout Canada that the paramount consideration in any adoption proceeding is the child's best interests. In some legislation, the factors to be considered when determining the best interests are specified.

In Alberta, the Child Welfare Act requires that consent of a child who is twelve years of age or older be obtained prior to adoption.

Adoptions, other than spousal and relative adoptions, require that a home assessment and a post placement assessment be done by a qualified person. This allows a child, where age appropriate, to have input. In addition, the matching process that occurs when a child is being placed takes the child's wishes into consideration.

For children receiving services under the Child Welfare Act, other safeguards are in place. One of the matters to be considered in making any decisions relating to a child is that

" a child, if the child is capable of forming an opinion, is entitled to an opportunity to express that opinion on matters affecting child and the child's opinion should be considered by those making decisions that affect the child." (Child Welfare Act, s. 2(d))

In addition, the Children's Advocate is available to review complaints and represent the interests of children who receive services under the Act.

Finally, a decision of a director regarding the removal from or placement in an adoptive home of a child who is the subject or a permanent guardianship agreement or order may be appealed by the child to the Child Welfare Appeal Panel.

In Ontario, adoptive services are provided by the children's aid societies or by licensed or by licensed adoption agencies.

To ensure the best interests of the child, the Child and Family Services Act requires studies of homes or potential homes be conducted. These home studies are conducted by qualified social workers. They include a review of the personal background of the family members, of their motivations for wanting to adopt a child and an evaluation of the family relationships. Home visits by the social worker are required and references of the adoptive parents are checked.

Factors such as the child's needs and physical, mental, emotional development, his or her cultural background and religious faith are taken into consideration. When the child is an Indian or Native person, the uniqueness of his or her culture, heritage and traditions and the importance of preserving the child's cultural identity are considered.

The child is also prepared for the adoption: he or she is told what adoption means, is given information on the adoptive parents and is offered an opportunity to develop a life book in which he or she describes himself or herself, his or her interests, preferences, school, etc. This life book also contains information on the history of the child and is retained by him or her wherever he or she goes.

The child is then introduced to the new parents. Most adoptions have a six-month probationary period during which the family is supervised by a social worker who monitors the adoptive process and who is available for information and consultation. A longer adoption placement period is often the case to ensure that the adoption placement is a success.

Any adoption order must be made in the child's best interests and any agency director's statement is also based on the child' s best interests.

To ensure that the views of the child who is seven years old or older are taken into account, the child's opinions and preferences are sought out by a professional social worker. The child must be given counselling and independent legal advice. No adoption order can be made without the consent of the child who is seven years or older. Before granting the adoption order, the judge inquires into the child's capacity to understand the proceedings and considers the child's views and wishes where they can be reasonably ascertained. The Children's Services Policy Framework also applies to adoption agencies and therefore, the child must also be involved in decisions regarding the services he or she receives.

The preamble to the Adoption Act requires that the best interest of the child be the paramount concern in adoption proceedings. If the child is over twelve, or if the courts consider it appropriate regardless of the child's age, the views of the child must be taken into consideration.

The Adoption Act requires that children of twelve years or older must give consent to adoption. However, the child's input may obviously be sought at an earlier age wherever appropriate. In all cases, a child care worker works with the family and the child to prepare both for the prospective adoption. Adoption of older children is in fact infrequent. In 1993-94, there were forty "special" adoptions, which include older visible minority children and children with disabilities. In the current year, them have been only twenty such adoptions.

With respect to First Nations children in the care of the Department of Social Services, these will not be placed for adoption without the written consent of the Band to which the children belong.

The most common type of adoptions are independent adoptions, where the birth mother chooses the adoptive parents. All birth parents must meet with a social worker and sign a certificate of counselling. When the birth mother is of Aboriginal ancestry, the worker encourages the birth mother to contact her Band or Elders with respect to the adoption.

VI. Basic health and welfare

(Arts. 6 para. 2, 23, 24, 26, 18 para 3,

27 paras. 1-3 of the Convention)

14. Please provide further information on the efforts being taken to effectively ensure that single parent families receive sufficient and adequate support for the upbringing of their child.

The Canada Assistance Plan is a major federal program that enables the Government of Canada to share the costs of a wide range of provincial and territorial programs designed to ensure that everyone in Canada, including single parents and their children, has adequate income and resources to meet their personal requirements. It covers assistance programs for persons in need as well as welfare services to lessen, remove or prevent the causes and effects of poverty, child neglect and dependence on public assistance. In 1993-1994, the Canada Assistance Plan was allocated $7.8 billion by the Government of Canada. It is estimated that 15 % of social assistance recipients in 1993-1994 were single parents.

The Government of Canada has recognized the importance of improving its child support system to protect children's well-being and has made a commitment to introduce a package of legislation to address problematic areas of the child support system. The package will include a formula to assist in setting appropriate levels of child support, measures to improve the enforcement of support orders, and a fair taxation policy.

The following are some statistics on single-parent families (the majority of which are headed by females) and developments regarding Canada's commitment to this matter:

in 1997, Canada participated in the OECD Conference Lone Parents: The Economic Challenge for Changing Family Structures, and in 1990, a report entitled Lone-Parent Families: The Economic Challenge was published;

in June 1994, part-time federal government employees working it least 12 hours per week became eligible to contribute to the Public Service pension plan, an important option for lone-parents, who may need the flexibility of part-time employment to a greater degree, given their greater responsibility for unpaid dependent care and domestic work;

lone parents can claim the equivalent-to-spouse tax credit, as well as a tax deduction for child care expenses that have been incurred to earn income from employment or self-employment, to take certain training courses or carry out research for which a grant was received;

under Social Assistance Recipients (SAR) Agreements, training allowances, dependent care allowances and travel allowances are available, all of which are especially beneficial for lone parents; and

the average income of lone-parent families in 1993 in Canada headed by women was $23,301, and for lone-parent families headed by men $35,439 (women represented 82% of all lone parents in 1991 [Statistics Canada data]).

Although there are no particular programs that target single-parent Indian families, Indian and Northern Affairs Canada provides funding for Chid and Family services directly to the more than 50 Indian Child and Family Services Agencies established for the welfare and protection of Indian children living on-reserve. The operations of the agencies are under provincial supervision and license. By the end of the 1998-1999 fiscal year, about 95% of reserve communities will have access to services from a Native and Family Services Agency. Where Indian-specific agencies do not exist, services are available from the provincial or territorial governments.

In addition, Indian and Norther Affairs Canada provides funding for social assistance to needy families, including a shelter allowance if necessary, and participates in the federal strategy intended to increase awareness and prevention of family violence. The Departmental budget for social assistance is $701.4 million. Other social services, including Child and Family Services, will cost about $404 million.

Provinces are also engaged in the consideration of a child support formula. In Ontario, social assistance (or welfare) is provided under entitlement programs which support families in financial need. The amount of the assistance depends on a number of factors including family size and housing costs. The basic needs and housing components may reach $1,376 per month for a single parent with one child. The "shelter" component cover the actual cost of housing (rent, utilities, etc.) up to a maximum based on family size. The "basic needs" component cover other cots, including food, transportation clothing.

In addition to basic and shelter costs, the province covers the cost of dental and vision care and prescription drugs for children whose families are in receipt of social assistance. Also, annual allowances are provided for winter clothing and back-to-school expenses as well as additional allowances for pregnancy related costs.

In families where one or both parents are disabled, the allowances are higher. If a child is severely handicapped and has special needs, the family is entitled to additional funds (�Handicapped Children's Benefit).

A single parent who works, but whose income is less than he or she would receive on social assistance, is entitled to assistance that brings the family's income to slightly above the level of assistance payable for families on social assistance.

15. Please provide more details of the policies and measures being taken to prevent children and their families being affected by homelessness and from living in poor quality housing.

Canada Mortgage and Housing Corporation (CMHC), in partnership with provincial and territorial government housing agencies, has operated social housing programs to assist low-income families with children who cannot afford suitable and adequate housing in the private market. Some 660,000 social housing units nationwide are currently subsidized through these programs and approximately $2 billion per year is spent on supporting this stock. An estimated 500,000 children under the age of eighteen live in these units. In cases where poor housing contributes to core housing need, CMHC also has a housing construction program to address the emergency housing needs of low-income households in remote areas, and programs to provide financial assistance to low-income homeowner and rental households to undertake substantial rehabilitation work and, in rural areas, to complete emergency repairs. Assistance is available for residential adaptations to low-income households with a child, or another family member, with a disability. Children, representing a large percentage of the people living on reserves, benefit directly from CMHC's on-reserve housing assistance. Additionally, CMHC's research into building materials, building codes and air quality continues to help improve building quality and prevent poor quality housing.

As a component of the Family Violence Initiative, CMHC, through the Project Haven and Next Step programs, has provided capital funding to non-profit or charitable community groups and Indian Bands for the development of both hostel-type living units where abused women and their children can stay on an emergency basis and centres offering interim accommodation, giving women and their children time to begin establishing a new life. As of February 12, 1995, 135 projects have been built, for a total of 767 units, representing 594 emergency units and 173 second-stage units.

Poverty has a direct impact on children's well-being and chances of survival abroad as well as in Canada. Canada's Official Development Assistance (ODA) program therefore helps prevent children and their families in other countries from being affected by homelessness and poor quality housing. It does this in many ways, including the following:

the provision of temporary housing, water and sanitation to victims of conflict and natural disasters; and

urban development activities which improve city management, physical urban surroundings and the quality of life in urban areas.

This programming is done through a variety of channels: bilateral (country to country), partnership with various international and Canadian organizations, and multilateral. For example, through its bilateral projects, the Canadian International Development Agency (CIDA) helped families build low-cost housing in Chile, Haiti and El Salvador and provided management support to the Ministry of Housing in Costa Rica. Through its Partnership programming, CIDA supports the work of NGOs and INGOs such as "Fraternit� Vietnam", which provides street children with safe housing, and the Habitat International Centre (HIC). The HIC defends the rights of the world's homeless, poor and inadequately housed through concrete actions and international advocacy. In addition, multilateral funding is directed through the World Bank to a number of community development projects and in 1993-1994, CIDA's International Humanitarian Assistance Division provided over $86 million in humanitarian assistance to victims of conflict and natural disasters. A portion of this provided housing to these women, men and children.

Canada's February 1995 Foreign Policy Statement Canada in the World articulated a clearer mandate for Canada Official Development Assistance (ODA): supporting sustainable development in order to reduce poverty. One of the key programming priorities identified to address the security of individuals is the commitment of 25 % of Canadian ODA spending to basic human needs: primary health care, basic education, family planning, nutrition, water and sanitation, and shelter.

Special funding for Aboriginal housing is provided by Indian and Northern Affairs Canada, Canada Mortgage and Housing Corporation and other levels of government. For the construction, acquisition and renovation of homes on-reserve, Indian and Northern Affairs Canada spends about $138 million per annum. Despite this investment, the supply of houses continues to be insufficient to accommodate a population which is growing at a rate 2.3 times the Canadian average. A new Indian housing policy is expected soon, aimed at encouraging in involvement of other sectors in the financing and management of homes.

16. Please provide further information on the measures being taken to address the problem of poor quality water provision affecting Aboriginal children in their communities.

It is the policy of Indian and Northern Affairs Canada to assist Aboriginal communities on reserve land to install and maintain water distribution and sewage treatment and disposal systems adequate to prevent risk to the health and safety of all residents, including children. As of March 1994, approximately 92% of dwellings on-reserve had access to potable water that meets Canadian drinking standards. "Having access" means potable drinking water is readily available in relative proximity to the homes, i.e., through a water distribution system in the community. In some communities, the water distribution system is by pipes, while in others the water distribution is done by truck delivery to a water storage tank in the house. The remaining 8 % of dwellings are located in remote areas or located on the fringe of communities, where they have to go to a distribution point and pick up their water. Roughly 86% had an adequate means of sewage disposal. The goal for the future is to both continue and improve the means of drinking water distribution as fiscal reality permits. The aforementioned statistics should improve as the government continues to provide roughly $618 million per annum toward the construction, operation and maintenance of community infrastructures.

17. With regard to the implementation of article 26 of the Convention, please indicate whether children have direct access to the social security system.

The administration and delivery of social assistance and social welfare programs are the responsibility of the provinces. The enactment of laws and regulations governing these programs including those relating to access rests with each province. Through the Canada Assistance Plan (CAP), the federal government cost-shares in many of these programs, such as maintenance of children in foster homes or specialized residences, day care and child protection and special needs funding.

Canadians see the family, particularly parents, as the principle providers of care and maintenance for children those needing additional supports have access to provincial programs. In all provinces, if the parents or those acting in their stead either cannot or will not provide for their children, legislation permits the state to intervene to act in loco parentis.

The Government of Canada has recently announced the Canada Health and Social Transfer (CHST), which will consolidate financial transfers to provinces for health, post-secondary education and social assistance. In this way, the federal government is providing the provinces with the flexibility they need to innovate and improve social programs so that they can better address the needs of people. Under the CHST provinces will be required to provide social assistance without any residence requirement. Provincial governments will be invited to work together to develop a set of shared principles and objectives through mutual consent that could underlie the new CHST. In this way, all governments could reaffirm their commitment to the social well-being of all Canadians, including children.

One relevant case is Clemons v. Winnipeg (City), (Man. Q.B., April 28/94), where the Manitoba Court of Queen's Bench held that s. 15 (equality rights) of the Canadian Charter of Rights and Freedoms was breached when family maintenance was denied to a seventeen-year old living away from home with her common-law husband and child, in circumstances where it would not have been denied to an adult.

In Ontario, children who are under sixteen years of age do not have direct access to the social security system, but their parents receive social assistance directly on their behalf if the family is eligible. Children who are sixteen or seventeen years of age may have direct access to social assistance where special circumstances exist, such as the child is compelled by reason of violence to leave the home.

Children over the age of sixteen are currently entitled to apply for social assistance independently where appropriate. However, the Department of Social Services is taking steps to set up a support service fr sixteen- and seventeen-year-olds, living away from home, which relies exclusively on the Child and Family Services Act. Youth will no longer receive support through the Social Assistance Program. The Support Services Program will deal with the difficult problems of youth living away from home by a number of measures, including holding youth accountable, maintaining parental involvement, developing case plans to assist youth in returning home or living independently, providing crisis mediation, where appropriate, to avoid out-of-home placement, using the denial of benefits for failure to comply with a case plan, using flexible benefit rates to support the case plan, and providing an appeals process for youth and parents.

18. Please provide more information on the measures in place for the treatment of HIV infected children.

In Canada, there, are three major urban HIV/AIDS clinics providing care, treatment and support of infected children. These are H�pital Ste-Justine in Montr�al, Qu�bec, the Hospital for Sick Children in Toronto, Ontario and the Oak Tree Clinic in Vancouver, British Columbia. In addition, as the need for services augments in other regional centres, HIV/AIDS clinics to care for HIV-infected children have been established. Examples are the Children's Hospital of Eastern Ontario (CHEO) in Ottawa, Ontario and the HIV Clinic in London, Ontario. Many of these clinics were initially established in conjunction with the Hemophilia Comprehensive Care Clinics to assist children with hemophilia who were infected with HIV in the 1980s.

Children with HIV currently make up about 1 % of all reported North American cases. However, as the rate of HIV infection increases in women of child bearing years, the risk of

infection in children also increases. In Canada, most children with HIV infection have acquired the disease in utero or during birth. The vertical HIV transmission rate from a mother to child is approximately 15-30%, but may be modified by AZT therapy.

Canada continues to implement and promote the family-centred model of care. Research is ongoing, for example: "The National Study of the Psychosocial Implications of HIV/AIDS on Children and Families" and "Disclosure Diagnosis of Family HIV to Children; Difficult Path to Truth-Telling", studies that have recently been published. Pediatric HIV/AIDS workshops to provide information on the management of HIV/AIDS in the pediatric patient group to family practitioners, obstetricians and other pediatric health care providers are being held throughout the country.

A Pediatric Module for the care of HIV-infected infants, children and youth is almost completed. This is being developed by a National Expert Working Group in collaboration with the College of Family Physicians of Canada. This module will be used as a national guide for the care of HIV-infected children and is part of a series called the Comprehensive Care Guide for Persons with HIV Disease, which has been initiated by Health Canada.

The incidence of HIV infection of Alberta's children has remained at relatively low levels (23 children tested positive to the end of February 1995). Alberta has two specialty HIV clinics, one at Foothills Hospital, Calgary and one at the University of Alberta Hospital, Edmonton. Basically, children are eligible to receive the same level of care and treatment as adults.

Alberta has developed policies and guidelines for service providers when dealing with HIV infected children in day care settings, schools and in the child welfare system. For example, "Guidelines for Handling HIV Infection and AIDS in Day Care Services" is provided to all day care facilities in the province. The guidelines are based on Alberta Family and Social Services' policy that no one may discriminate against a child, family, caregiver or provider or day care services based solely on being infected with HIV or having AIDS.

Child Welfare Policy requires a multi-disciplinary approach when doing case planning and making decisions about a child who is HIV infected or who has AIDS. Policy also requires that the child and family's privacy be respected.

HIV infection also does not prevent a child from attending school. There are conflict resolution procedures in the School Act if necessary to ensure that the child's rights are respected.

As noted in the federal response, there is a out-patient clinic in Ontario at the Hospital for Sick Children in Toronto. There are six other out-patient clinics that also provide services for children.

Certain drugs for treatment of HIV are provided free of charge. Funding is provided to community-based AIDS agencies, including one in Toronto that specializes in providing services to children and families. Funding is also provided to the Haemophilia Association for education and support of AIDS victims.

Saskatchewan has a pediatric infectious disease specialist in Saskatoon. The number of HIV children in Saskatchewan is very small. All infected children were infected from birth, and most of those have other health problems as well.

VII. Education, leisure and cultural activities

(Arts. 28, 29 and 31 of the Convention)

19. What measures are being taken to improve school facilities in remote areas and Aboriginal communities?

In 1988, Indian and Northern Affairs Canada implemented a set of standards, based on provincial norms, to govern school space based on the number of students projected to be enrolled in each on-reserve school. This initiative provides a framework for the construction, renovation and expansion of on-reserve schools, most of which are constructed, maintained and operated by First Nations. The Department has a priority system, implemented on a regional basis,to determine where and when a new school will be built or an older building renovated. The first criterion is the need to address heath and safety concerns. Other criteria relate to potential overcrowding and the need for space to satisfy needs generated by the school curriculum. Ultimately whether or not a school will be instructed, renovated or depends on the amount of funds available to the Department to meet competing needs for various kinds of community infrastructures and the priority placed on education facilities by the community.

Alberta has a Building Quality Restoration Program which is designed to upgrade older school buildings in all areas of the province. Any provincial schools attended by Aboriginal students eligible for funding by the program.

The Minister of Education provides the following funding to assist in the improvement of school facilities.

1. All school boards, including those in remote areas and Aboriginal communities, are entitled to receive funding under the $2.1 billion Canada-Ontario Infrastructure Works Program to make improvements such as structural, heating and ventilation repairs to schools. The funding is intended to be used to be used to improve facilities used directly by students.

2. The Ministry of Education and Training has recently announced a new initiative called the Facilities Renewal Program. This program is intended to assist boards in meeting their responsibility for ensuring that their facilities are maintained in good repair and for providing a safe environment for student, teachers and staff.

Funding for the program will be distributed among boards on a formula basis, thus ensuring the remote areas and Aboriginal communities receive an equitable proportion of funding according to the resources provided by their local taxation assessment base.

20. In view of the recent establishment of a United Nations Human Rights Education Decade, please indicate whether there are any plans on the part of the Federal, Provincial or Territorial governments to utilize this initiative for the purpose of incorporating education about the Convention into school curricula.

As education is under provincial jurisdiction in Canada, the federal government is unable to directly influence or shape school curricula. The government has not yet defined its plan to promote the U.N. Decade on Education on Human Rights in Canada.

At present, there are no plans to include education about the Convention in school programs in Alberta.

The ministry is in the midst of assisting the Ontario Human Rights Commission to distribute a resource document to school that will assist teachers to incorporate human rights issues into the curriculum. Depending on the success of this initiative, it is possible that teaching material related to the UN Convention on the Rights of the Child could be shared with school boards.

The School Act in Alberta identified the requirements to be met by schools regarding expulsion. Pertinent section follow.

19(1) In this section, "suspend" has the meaning given to it in the rules made by the applicable board.

b) report in writing to the student's parent all the circumstances respecting the suspension.

(4) If a student is not to be reinstated within 5 school days from the date of his suspension, the principal shall

b) report in writing to the board all the circumstances of the suspension together with the principals recommendation.

(5) On receiving a report from a principal pursuant to subsection (4), the board shall, within 10 school days from the first day of the suspension, reinstate or expel the student.

(6) Prior to a board's making a decision under subsection (5), the parent of the suspended student and the suspended student may make representation to the board with respect to the suspension.

8) If a student is expelled, the board shall notify, in writing, the parent and, in the cast of a student who is sixteen years of age or older, the student of their right to request that the Minister review the matter.

Two initiatives, an attempt to reduce drop outs from school, and attempts to reduce violence and disciplinary problems in schools, combine to help reduce school expulsion. In some school districts, a student behaviour policy includes a "zero tolerance" clause where there is no tolerance for any violence. In these cases, expulsions may increase in the short term.

The process for suspending or expelling students from school is described in the Ministry of Education and Training Violence-Free Schools Policy, 1994:

A board may expel a pupil from its schools on the ground that the pupil's conduct is so refractory that the pupil's presence is injurious to other pupils or persons, if:

b) the pupil and the pupil's parent or guardian have been notified in writing of:

ii) the right of the pupil (if an adult) or the pupil's parent or guardian to make representations at a hearing to be conducted by the board;

A board may, at its discretion, readmit to school a pupil who has been expelled.

The parties to a hearing shall be the parent or guardian, the pupil, if an adult, the principal, and, in the case of an expulsion, the appropriate supervisory officer.

The Minister of Education and Training and the Metropolitan Toronto School Board have jointly funded a model program that will allow students expelled from school for violent behaviour to continue their education.

For further information, see excerpts from the Violence-Free Schools Policy (Annex F)

The School Act of PEI provides for a reporting process in the event that a student is expelled or suspended. The Act includes the right to a hearing and the rights of parents to appear at a the hearing. Expulsion is however viewed as a last resort and is infrequently used in PEI.

This issue is covered by the Education Act, sections 153 and 154 (see Annex D), which provides for progressive discipline in the form of suspension, with expulsion as a last resort. Suspensions longer than three days require the involvement of the child's parents. The longest suspension short of expulsion is one complete school year. This can only be ordered by the Board of Education, following an investigation and a hearing involving the parents. The Board of Education decides on expulsion only after thorough investigation and after having concluded that suspension is insufficient. Although expulsions are theoretically permanent, parents may request a review after one year.

Expulsion is considered a very serious measure and avoided if possible. Schools boards will often first transfer a troubled student to provide a new environment. When a child is expelled, efforts are made to continue the child's education through correspondence school or home-based schooling.

22. Please provide information on the measures taken to ensure that the procedures governing the according of refugee status to asylum seeking children are guided by the provisions and principles of the Convention.

Any person may claim to be a Convention refugee under the Immigration Act Pursuant to s. 2 of the Immigration Act, and in accordance with the Convention relating to the Status of Refugees, a Convention refugee is any person who by reason of a well founded fear of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion is outside the country of the person's nationality or is unwilling, by of that fear, to avail himself or herself of the protection of that country.

Children may arrive in Canada without their parents and claim to be Convention refugees. In such a situation, efforts are made to locate relatives in Canada, since they may be coming to join family members. If there are none, provincial or municipal child welfare officials are contacted. The policy and practice of the Department of Citizenship & Immigration, as mandated by the Immigration Act, is to ensure that the child has appropriate representation in making his or her claim to refugee status.

"The duty of fairness precludes your processing minors ... without some capable person representing their interests. In any case involving an unaccompanied minor, ... you must arrange for proper representation as soon as practicable". (Chapter EC 3, "Eligibility and Administrative Orders; Determining Eligibility of Claims to Refugee Status and Making Administrative Removal Orders" at page 26)

This practice is continued before the Convention Refugee Determination Division, the administrative tribunal charged with determining refugee claims. Section 69(4) of the Immigration Act creates the following obligation: "Where a person who is the subject of proceedings before the Refugee Division is under eighteen years of age ... the Division shall designate another person to represent that person in the proceedings." Costs of this designated representation are paid for by the Immigration and Refugee Board (IRB).

Children who arrive in Canada with their parents may or may not make their own separate refugee claims. In many instances, the claim of a child would rest on the persecution suffered by one or both of the parents. In this instance, while they are recognized as separate claimants, the Refugee Division will generally hear the matters together, unless one of the family members wishes a separate hearing. Claimants are entitled to be represented by counsel of their choice, with government-funded legal aid if required.

Unaccompanied children found to be Convention refugees by the Refugee Division may, as any other Convention refugee, apply for permanent residence in Canada. However, the legislation does not specifically provide for reunification with family members (i.e. parents) who are not dependents. Normally, persons must be 18 or older to sponsor family members. Where refugee children alone in Canada require family reunification, this could be done by sponsorship of the parents by a private group. The government does not have a policy of attempting to trace family members for the purpose of reunification. These practices are consistent with the position taken by Canada at the Cairo Population Conference, that refugees do not have an internationally recognized right to family reunification.

Over and above our stance at Cairo it is important to avoid encouraging families to use to gain admission to Canada, by sending children forward, either alone or in the company of and thus putting them unnecessarily at risk. Accordingly, all involving unaccompanied minors are reviewed on a case-by-case basis.

As a statue-based administrative tribunal, the Immigration and Refugee Board and its three constituent Divisions (Refugee Division, Adjudication Division and the Appeal Division) have the jurisdiction to apply the legislative standards set out in the Immigration Act. The Chair of the IRB, when appearing before the Standing Committee on Citizenship and Immigration of the House of Commons in February 1995, indicated that she would bring forward guidelines, authorized under ss. 65(3) of the Immigration Act, for the benefit of the Board's decision-makers, on the issue of minor children who claim refugee status. Nurjehan Mawani stated:

"In the near future, I also hope to introduce a second set of guidelines for Members - Guidelines on Minor Refugee Claimants. Increasingly, the Board is confronted by the appearance of children in its hearing rooms. This poses a unique challenge for decision makers. The development of guideline sot help Members asses these cases from a baseline vantage point is evidently needed.

Just as our first set of Guidelines for women refugees fearing gender-based persecution has improved the consistency and quality of decisions in this sensitive area, I expect this second set of guidelines to achieve similar success.

... What is at stake is Canada's commitment to the protection of fundamental human rights.

What is most important is that every man, woman or child fleeing situations of well documented human rights abuse for a Convention reason can find safe haven in Canada."

Members of the Immigration and Refugee Board are familiar with the present Convention. In one particular case, members found a child to be a Convention refugee on the basis of violations of his fundamental human rights as defined in the Convention on the Rights of the Child. The development of guidelines or directives to assist members in dealing with child claimants can be expected to take into account the Convention on the Rights of the Child. As well, input by the Department of Citizenship and Immigration to the process of developing these proposed guidelines will ensure that the matter of the rights of refugee children under the Convention is dealt with thoroughly.

23. With regard to matters relating to the system of administration of juvenile justice, and in the light of the provisions of article 40 para. 4 of the Convention in particular, please provide further information on the alternatives available to the detention or imprisonment of children.

In Bill C-37 the Government of Canada has proposed amendments to the Young Offenders Act to encourage resort to alternatives to custody. It is important to note that a full range of alternatives exists in the law but the problem is that several of them require program support. For youth who may be repeat offenders, there appears to be a lack of adequate community services to address the seriousness of the offence.

Bill C-37 is currently before the Senate. The issues associated with resort to alternatives to custody are being examined by a Task Force of Senior Officials responsible for youth justice. It is also expected that a review of cost-sharing arrangements between the federal government and the provincial governments will include an assessment of means to encourage through financial policies a stronger community-based response and less resort to custody.

Several alternative to pre-trial detention currently exist in the province, although these programs not uniformly available in every jurisdiction. For example, there are several intensive supervision programs operating in Ontario that are geared to youth at the pre-trial detention stage. There are also several attendance centres in operation which supervise youth who are in community awaiting trial as an alternative to their detention. Several jurisdictions in Ontario have bail supervision program which monitor the activities of accused young offenders in the community. If accepted into the program, an accused young person is released on bail and reports on a basis to a bail worker, who also provides and guidance.

The Ministry of the Solicitor General and Correctional Services and the Ministry of Community and Social Services are responsible for the administration of the range of dispositions other than custody provided by the Young Offenders Act. This includes dispositions such as probation supervision, fines, restitution and community service. In some jurisdictions within the province, the ministries contract with non-profit agencies for the

The government, through the Office of Youth Justice, is currently undertaking a study of community-based alternatives to pre-trial detention and custody for young person. The purpose of this process will be to identify mechanisms for reducing the reliance on detention and custody in cases of non-violent and less serious offenses and to develop alternatives that deal with these offenders in the community rather than resorting to incarceration.

24. Please provide more information on the reasons for the transfer of children from juvenile courts to adult courts and the effects of such transfers.

The law in Canada was amended in 1992 to clarify the test for transfer to adult court. This law makes it clear that where the objectives of protection of the public and rehabilitation can be achieved by the sentences available in the youth system, there should be no transfer. The law also states, however, that where these two objectives cannot both be addressed, the objective of protection of the public is paramount. In law, transfer to adult court may occur when a youth is fourteen years of age or over at the time of the alleged commission of the offence. In practice, however, youths have generally reached the age of eighteen by the time the matter is dealt with in adult court.

With respect to the effect of transfer from a sentencing perspective, the young person, if convicted, is subject to the same sentence as an adult, up to and including life imprisonment. Where the offence is murder, the youth would automatically be sentenced to life imprisonment but the youth would be eligible to apply for parole much earlier than an adult would be. For offenses other than murder, the sentencing result might in practice be very similar to the sentence the youth would have received if he or she had been dealt with in youth court.

The effect of transfer from the perspective of where the youth will be held varies. Where a youth is under the age of eighteen years, there is a presumption that the youth will be detained in a youth facility unless an application is made to the youth court. The court will assess a number of factors, including safety of the youth and of others, and assess the situation. Where

a youth is eighteen years or over, there is a presumption that the youth will be placed in an adult facility, but this presumption is rebuttable and a court will decide based on a number of factors. It is possible that a youth eighteen years of age or over would remain in a youth facility.

25. What measures are being planned to address the Aboriginal communities' concern of the treatment of Aboriginal children in the criminal justice system?

Through a variety of negotiation processes - for example, self government, comprehensive land claims and devolution of federal powers - the Government of Canada in conjunction with First Nations and the provinces and territories is exploring more appropriate mechanisms for

administering justice for First Nations and Inuit. The Government of Canada take the position that the Canadian Charter of Rights and Freedoms applies in such negotiations, and accordingly children's rights should be protected. One of the justice elements under discussion is the use of community-based and traditional Aboriginal counselling, sanctions and healing methods to provide effective justice in Aboriginal communities.

The Aboriginal Justice Directorate of the Department of Justice administers a discretionary contribution fund called the Aboriginal Justice Fund. The Fund provides money for the development of programs and services, training and public legal education projects, the establishment of a resource centre function, cross-cultural training, consultations undertaken by national Aboriginal organizations, as well as research studies related to Aboriginal justice issues. Funding is available to individuals, groups and government agencies that are involved in Aboriginal justice priority areas.

The primary objective of the Aboriginal Justice Fund is to foster improvements in the responsiveness, fairness, inclusiveness, and effectiveness of the justice system as it to Aboriginal peoples. Friday, the Directorate strives to assist communities in breaking the downward spiral of violence, social problems and criminality.

Priority is given to projects improving, among other things, services to Aboriginal youth. For example, with moneys from the Fund, the Aboriginal Justice Directorate has been providing financial support to many youth diversion projects. Some of these projects allow for diversion to place at an early stage, while others provide for diversion to take place at the stage of sentencing.

The following projects constitute examples of such initiatives which have been funded by the Directorate:

Youth Tribal Court Pilot Project (James Smith Cree Nation, Melfort, Saskatchewan - January 1, 1993 to May 31, 1993): This project was to develop protocols for a Youth Tribal Court model to oversee the diversion of appropriate youth cases to the community. The project was to be developed in close consultation with the local Provincial Court Judge, the RCMP, Justice Canada and relevant community social and educational services.

Tribal Court Model (Wayawayseecappo First Nation Treaty Four - November 1, 1992 to March 31, 1993); Funding was provided to this First Nation to support the development of a culturally appropriate tribal court model and participation in tripartite discussions regarding justice issues with the Province of Manitoba and the federal government. The first phase of the project is a needs assessment and issue identification.

National Symposium on the Young Offenders Act: Justice and Education - A Working Partnerhip (Aylmer, Qu�bec - October 27-31, 1993): Funding was provided as part of the overall Department of Justice contribution, to support a national symposium on the Young Offenders Act. The symposium addressed issues affecting Aboriginal youth and promoted cooperation and better understanding of the interrelationship between the education and justice systems.

Severla changes have been proposed by the government in Bill C-37, An act to Ament the Young Offenders Act and the Criminal Code (currently before Parliament), which are responsive to Aboriginal justice concerns. The concerns include the following: over-resort to the youth justice system for concerns that are essentially non-criminal in over-resort to custody for Aboriginal youth; and over-resort to transfer.

Bill C-37 includes a number of provisions which will assist in redressing the concerns noted above:

change in the Declaration of Principle to make it clear that rehabilitation is linked to long term protection of the public and that rehabilitationis best acieved by addressing underlying causes;

provision made to order more detailed reports which would help determine underlying causes and thereby allow the court to select the most effective response;

number of provisions to encourage resort to community-based dispositions and to make it more difficult to use custody.

The longer-term review being conducted by the Task Force of Senior Officials and by a Parliamentary Committee will also focus on issues of concern to Aboriginal youth.

The Royal Canadian Mounted Police ("RCMP") has initiated a number of programs to address concerns about Aboriginal youth in the criminal justice system. Among these initiatives are:

national youth conferences in 1993 and 1995, attended by a broad cross section of Aboriginal young people from across the country; summer employment for Aboriginal youth at RCMP operational detachments, often in their home communities;

- Youth Justice Committees, with members of the RCMP serving as advisers, and with the objective of supplying an avenue for Aboriginal youth in the criminal justice system, allowing for community involvement and also for accountability of young offenders not only in the courts but in the community; and

- drug, alcohol and substance abuse initiatives, including programs which are Aboriginal specific (the Aboriginal Shields Program).

The Corrections and Conditional Release Act, enacted in 1992, requires the Correctional Service of Canada to provide programs designed particularly to address the needs of Aboriginal offenders in correctional institutions. This Act provides that one of the basic principles for the administration of the correctional system is that "correctional policies, programs and practices respect gender, ethnic, cultural and linguistic differences and be response to the special needs of women and Aboriginal peoples..."

The Correctional Service of Canada has adopted specific policy documents dealing with Aboriginal Offender Programs. Its Code of Discipline requires that staff promote a safe and secure workplace and respect an officer's cultural, racial, religious and ethnic background, and his or her civil and legal rights.

Alberta has many initiatives in place to deal with concerns regarding treatment of Aboriginal children in the criminal justice system. These include:

specialized group homes targeting Aboriginal young offenders and their unique cultural needs; the Alternative Measures Program is being reviewed to identify barriers to Aboriginal people;

Youth Justice Committees, provided for under the Young Offenders Act, are being established to provide community input in sentencing and in the administration of the Alternative Measures Program;

the Aboriginal Court Workers Program is in place in a number of areas of the province. Its purpose is to assist victims, the accused and the Court when addressing Aboriginal offenders;

a contract provided through Alberta Justice provides for the availability of elders to provide culturally specific counselling to Aboriginal young offenders.

One of the principles guiding the development of provincial young offender policy is the effectiveness of community-based responses to youth crime. This emphasis on community involvement can be seen in the recently introduced amendments to the Young Offenders Act which encourage the use of community-based alternatives to custody for less serious and non-violent offences. An emphasis on community involvement includes addressing the needs of Aboriginal young offenders in a culturally sensitive manner.

The effort to address the concerns of Aboriginal communities regarding the justice system is illustrated by two pilot projects established by the government, at Sandy Lake and Attawapiskat. These project involve culturally sensitive alternatives for dealing with offences in those communities. For example, in Sandy Lake, members of the Elders Justice Council act as co-judges with the presiding judge or justice of the peace dealing with criminal matters. The appropriateness of programs such as these to the youth justice system will be studied.

26. Please provide information on the ratification and implementation of ILO Conventions relating to the minimum age of employment of children.

There is considerable compliance in Canada with the underlying principles of Convention 138 -the most comprehensive and current ILO convention on the question - which the ILO adopted in 1973, and which specifics whether and under what conditions young persons of certain ages may work.

- have protective legislation specifying conditions under which children under the school leaving age can be employed:

- prohibit the employment of children under the school leaving age during school hours; and

- prohibit work outside of school hours for young people under specified ages, in specific occupations and situations which are likely to be injurious to their life, health, education or welfare.

Canada has not, however, ratified ILO Convention 138 because there are some divergences between the Convention's requirements and the Canadian situation. No jurisdiction in Canada prohibits work for young persons under the school-leaving age to the full extent required by the Convention, and no jurisdiction prohibits all work, including light work, for children under thirteen years of age.

Canada has not ratified the following additional ILO Conventions relating to the employment of children, because of significant divergences between their requirements and the Canadian situation: Conventions 79 - Night Work of Young Persons (Non-Industrial Occupations), 1946; 90 - Night Work of Young Persons (Industry) (Revised), 1949; 77 - Medical examination of Young Persons (Industry) (Revised), 1946; and 78 - Medical Examination of Young Persons (Underground Work), 1965.

Canada has ratified the following ILO Conventions relevant to children: Conventions 7 - -Minimum Age (Sea), 1920; 15 - Minimum Age (Trimmers and Stokers), 1921; 16 - Medical Examination of Young Persons (Sea), 1921; and 58 - Minimum Age for Employment at Sea, 1936.

27. With regard to the implementation of article 39 of the Convention, please provide further information on the steps taken or envisaged to ensure the effectiveness of measures for the rehabilitation or recovery of child victims or abuse or neglect.

At the federal level, criminal law reforms have been enacted to enable the criminal justice system to better respond to child sexual abuse and to enable child victims of such abuse to participate more actively in the criminal justice system. These reforms ultimately serve to facilitate the child's recovery from the abuse. They include the repeal of the requirement for corroboration of a child's unsworn evidence, abrogating any requirement to warn a jury about convicting an accused on the evidence of a child, permitting a support person to accompany a child while testifying, and providing for the exclusion of the public while a child is in a case involving sexual abuse or violence.

The Family Violence Initiative, which the Government of Canada instituted in 1991, has been extended into the 1995-96 year. This Initiative aims to reduce child physical abuse and through various prevention strategies, and to support and evaluate innovative approaches to intervention and treatment of child victims. Rehabilitation and recovery efforts are pursued in the context of multi-disciplinary, child-centred approaches which favour community-based teams and inter-agency cooperation. A range of research and evaluative studies has been undertaken to enhance treatment effectiveness and better inform intervention strategies with child victims.

In regard to Aboriginal children, Health Canada has developed a Child Abuse Protocol, to provide medical and legal advise to health care personnel working in Aboriginal communities. The Protocol deals with a wide variety of issues relating to child abuse, including identifying the different types of abuse, reporting child abuse, the role of health care personnel, consent to treatment, confidentiality of information and preparing for court.

In Alberta, the Case Management Model was developed as a provincial case management process to guide and document child welfare practice. Its purpose is to provide a consistent method of managing child welfare cases in a manner which will be of optimum benefit to child and families the department work with. Children and families will also participate in the development of the services provided to them.

1. "Client identification" wherein calls coming into the department are screened and a decision made as to whether or not an investigation should occur.

2. "Assessment" occurs after the child is deemed to be in need of protective services. Information is gathered, consolidated and analyzed to determine the child's unmet needs the problem inhibiting those needs from being met and the strengths and available resources within the child's natural support system that could be used to resolve the compensate for the problems.

3. "Service planning and service implementation" leads to the creation of an action plan and the child and family are encouraged to help develop the plans and become parties to it.

4. "Case review" wherein the case manager and supervisor systematically and regularly review file documentation and case progress to ensure that services provided are appropriate and beneficial.

Under the Children's Services Policy Framework, service providers will measure the of benefits of services received by the child. Two instruments to measure these benefits have been developed under the leadership of the children's provincial associations with the involvement of service providers, community representatives, parents and youth. These instruments are presently being tested in the province. The first instrument or measure examines the risk or need or factors that brought the child into care and considers whether these factors are still prevalent. The second instrument looks at outcomes for children who are or have been brought into care. Behavioral and functional outcomes such as adjustment in school, social relationships and living-skills have been identified.

A federally funded project has been completed in PEI to create a model for dealing with violence and child abuse in rural areas. The model, which, it is expected, will be applied across the province will include measures for the rehabilitation of child victims of abuse.

The Department of Social services has launched a sexual abuse treatment project in Regina, which is still in its early stages. The Department uses private counsellors to assist those children who come into its care.

There are mental health services dedicated to children, adolescents and families throughout the province. A significant proportion of the clients have some history of child abuse. Adult mental health services are also provided to people who were victims of child abuse. In fact a higher proportion of adults than children who receive these services have a history of child abuse.

The province is currently working on the expansion of child abuse protocols to include treatment and rehabilitation in addition to investigate and assessment.

28. In view of the information contained in paragraph 374 of the report, please indicate whether any measures have been recently undertaken to address the issue of children living or working, or both on the street.

The problem of runaways and street children is a serious one in Canada, complicated as it is by more pervasive social ills such as economic and social stresses on families, family violence, and the vulnerability of children to substance abuse, prostitution, child pornography, and child physical and sexual abuse.

Children who frequent the street milieu are exposed to manipulation, control, violence, sexual assaults, substance abuse, and immersion in street subculture. Lacking sufficient housing, food, education, and conventional job experience, they are vulnerable to health issues such as AIDS, sexually transmitted diseases, and malnutrition. Their main source of relief is often alcohol or drugs. There is concern that this target group is not receiving adequate medical care. Importantly, AIDS appears to pose an even greater threat since many street youth feel invulnerable or fatalistic about this disease and fail to take adequate precautions to protect themselves. The situation is exacerbated by casual intravenous drug use and involvement in the commodity sex trade. Most street children routinely have contact with the police through shoplifting, theft, prostitution, drug dealing and panhandling.

At risk on the street, these children have many needs. A great variety of front-line professionals are involved in their lives: police, probation, courts, street workers, social workers, foster homes, doctors, nurses, hospitals, therapists, AIDS counsellors, and drug and alcohol counsellors. Given that the police, in most instances, are the only 24-hour service available to deal with runaways and street youth, the police community plays a vital role in responding to the problem of youth at risk.

Front-line professionals have recognized the complexity of the youth-at-risk issue and the need for effective community intervention. Accordingly, a broad, multidisciplinary approach is increasingly being adopted by police, social workers, crown attorneys, corrections officers, mental health professionals, and school authorities. Children living or working on the street must, therefore, be viewed in the broader context of children and youth at risk, children as a

vulnerable sector of society and especially at risk of criminal victimization and exploration.

Children and youth are one of our greatest resources for our future. A safe, supportive and healthy environment which offers protection from the more violent aspects of society is crucial to the nurturing of our young people. The problem of youth at risk, including runaways and street children, should be recognized as a grave social concern both in the immediate future and in the longer term.

At the level the Department of Solicitor General has responsibility for addressing the issue of children living or working on the street. It administers the Missing Children and Other Youth at Risk Program described in para. 372 of Canada's First Report.

Another initiative of the Department of the Solicitor General is the Youth at Risk Strategy which takes a community-based approach, involving the police, to identify and understand what risk factors young people, particularly youth aged 12-17 years, are exposed to and to implement programs that counter these risk factors. Relatively simple and early interventions that are targeted may help a youth move from a dangerous to a healthy pathway in life.

Recent Department projects on runaways and street children have included the following:

Community-Based Responses to Runways and Street Youth: This is a one-year pilot project designed to provide an in-depth analysis of the response of two communities (Saskatoon and Ottawa) to runaways and street youth. Information gathered in this study complements the existing knowledge of the population of "at risk" youth and builds upon Department research findings on the problem of missing children. The long term goal of the project is to build an information base for making changes in policies and practical to improve the types of community responses for runaways and street youth. (Final Reports: Phase II of the Runaways and Street Youth Project - The Ottawa Case Study; the Saskatoon Case Study; and General Introduction and Overview, No. 1994-10); and

Street Youth and Substance Abuse Study: It serves as the Canadian portion of a World Health Organization study on the problem of substance abuse among street children in eight countries. This project examined the extent of substance use and abuse among street youth in two Canadian urban centres (Toronto and Montreal); greater insight into the day-to-day experiences and problems faced by street youth; and the best ways to communicate important, health-related information to these "youth at risk" (Final Report: The Canadian Street Children Project: Phase One Findings, No. 1993-25; released at a meeting of the WHO, Geneva, Switzerland, April, 1994).

Lessons learned regarding children living or working, or both an the street from these programs and studies include:

1. the street children population differs from community to community and is not homogeneous;

2. some street sensitive programs exist for street children, but the system is generally geared to deal with children and adults, not organized around the needs of youth and their needs;

3. the system's response to Aboriginal youth is often inappropriate and inadequate;

4. the system is geared to respond to specific problems, rather than to provide long-term, consistent support to youth needs;

5. there are few "exists" from either the criminal justice or social service systems for runaways and street children;

6. lack of education is characteristic of most street children and is a considerable barrier to their reintegration to mainstreet society;

8. street children are particularly susceptible to the "revolving door syndrome" of many service providers; and

9. community-based action research provides important opportunities to undertake a comprehensive approach to youth at risk.

The need to address underlying conditions of risk that contribute to criminal behaviour is reflected in the approach of the Department of Solicitor General to crime prevention and reducing violence in society. In line with this approach, interventions should come as soon as risk behaviour is evident to prevent youth from becoming chronic offenders or committing progressively more serious and violent behaviours. However, appropriate interventions need not necessarily involve the police or the criminal justice system.

30. What studies have been undertaken on the reason for the relatively higher incidence of suicides among Aboriginal children?

The Royal Commission on Aboriginal Peoples conducted a study on Aboriginal suicide and published a report entitled Choosing Life in February 1995. In addition to citing risk factors contributing to the suicide problem, the report flagged several initiatives under way to dad with the issue and made a number of recommendations advocating that governments, Aboriginal organizations and Aboriginal communities themselves pursue a shared commitment to address this problem.

As well, a federal Parliamentary Committee on Health is currently undertaking a study on mental health and the Aboriginal peoples of Canada.

There have also been a number of studies and publications regarding Aboriginal suicide in the private sector, including:

T. Kui Young, The Health of Native Americans (Oxford, England: Oxford University Press, 1994);

Suicide in the Community Proceedings: Annual Conference of the Canadian Association for Suicide Prevention, May 12-15, 1994 (Kamatsiqtut, Baffin Crisis Line, Box 1780, Igaluit, NWT X0A 0H0);

Northern Lifelines Suicide Information and Resource Manual, by D. Masecar, Algoma Child and Youth Services, 25 Trunk Road, Sault Ste. Marie, Ontario P6A 3S2; and

Mental Health of American Indian and Alaska Native Mental Health Research, by M. Beiser, M.D. (University of Toronto).

Other authors who contribute to the literature on this subject include Morton Beiser, M.D., Clarke Institute of Psychiatry, principal investigator for the Child of Two Soils study, who writes articles regularly for the Canada Mental Health Journal; and Dan Offord, M.D.,

McMaster University, who has recently completed a study on Aboriginal children for Ontario Indians, not yet published.

The Government of Canada is committed to working with Aboriginal peoples on this issue and will be addressing existing programs dealing with suicide as well as collaborating with all parties in the preparation of a response to the report of the Royal Commission.

Current efforts to address the suicide problem are continuing. Further, numerous programs are in place to improve the current physical and socio-economic conditions for many Aboriginal communities. Many departments have undertaken a variety of initiatives, in partnership with Aboriginal communities, in the area of community-based programs, research, information sharing and training. On-reserve, approximately $125 million was -forecast to be expended in 1994-95 in 600 communities for mental health, crisis intervention, alcohol and drug abuse and family violence.

The Suicide Information and Education Centre, which is primarily funded by Alberta Health, provides computer searches and access to articles, studies and publications dealing with suicide, including information relating to Aboriginal children.

The Centre provided information on the studies undertaken relating to suicide among Aboriginal children. This included John Gartrell and George Garvis' work titled "Suicidality Among Adolescent Alberta Indians" Suicide and Life Threatening Behaviour, v. 23, no. 4 (Winter 1993), p. 336-373. This article finds a high rate of suicide attempts and suicide ideation characterized a sample of adolescents in grades seven to nine adolescents resident on seven reserves in central Alberta. The authors conclude that targeted, community-based counselling and education programs are needed to address these problems.

"Suicide Among Canadian Natives" by P.M. Mortensen (unpublished) focuses on the problem of Native suicide and describes the problem with an emphasis on Alberta data. Factors that have been found to relate to Native suicide are summarized, a review of prevention programs is presented and recommendations for decreasing Native suicide are discussed.

�1996-2001
Office of the United Nations High Commissioner for Human Rights
Geneva, Switzerland