Replies to Lists of Issues - CESCR - Canada

Responses to the Supplementary Questions Emitted by the
United Nations Committee on Economic, Social
and Cultural Rights (E/C.12/Q/CAN/1)
on Canada's third report on the International Covenant
on Economic, Social and Cultural Rights (E/1994/104/Add17)

November 1998

I. FEDERAL RESPONSES

International treaties in Canada are not self-executing and therefore, an international treaty cannot alone form the basis of an action in domestic courts. (1) However, where domestic laws are passed subsequent to and expressly in light of a ratified international treaty, jurisprudence states that courts must strive to interpret such laws in accordance with the relevant international obligations. However, if the express provisions of a domestic statute are contrary to or inconsistent with Canada's international obligations, the former prevail. (2) Where international treaty obligations are assumed on the basis that existing domestic laws, policies and practices already conform to the international provisions, the Supreme Court of Canada has yet to identify the appropriate analytical framework. Nevertheless, a review of Canadian jurisprudence demonstrates that courts often refer to human rights treaties to underscore the importance of a provision of the Canadian Charter of Rights and Freedoms, (3) or in the context of non-constitutional litigation, the validity of existing legislation. (4) Often cited is the statement by the former head of the Supreme Court of Canada, Chief Justice Dickson in Reference Re Public Service Employee Relations Act (Alta.): (5) The general principles of constitutional interpretation require that these international obligations be a relevant and persuasive factor in Charter interpretation. ... I believe that the Charter should generally be presumed to provide protection at least as great as that afforded by similar provisions in international human rights documents which Canada has ratified. (at p. 349) In short, though I do not believe the judiciary is bound by the norms of international law in interpreting the Charter, these norms provide a relevant and persuasive source for interpretation of the provisions of the Charter, especially when they arise out of Canada's international obligations under human rights conventions." (pages 349-50) The approach developed by Canadian courts reflects the balancing of a number of constitutional constraints and legal principles. Firstly, as indicated above, international law is not self-executing in Canada. Additionally, according to case law (6), authority to make international commitments falls solely within the federal domain. However, constitutionally, neither the federal government nor the ratified treaty, can compel the provinces to legislate to implement the treaty in areas that otherwise fall within provincial jurisdiction. Finally, treaty-making in Canada is an executive act, derived from the Royal Prerogative. Hence, Parliamentary approval is not required for Canada to enter into an international agreement. In light of these factors - particularly the fact that ratification does not go through the debates and scrutiny typically inherent in the Parliamentary process - the courts have concluded that in the event of a conflict between an international treaty and domestic law, the Parliamentary process should prevail over Executive action. As a final point, it should be noted that regardless of a court decision, Canada continues to be bound to fulfil its treaty obligations.

2. With respect to paragraph 10 of its Report, are governments in Canada able to plead cases under the Charter in a manner that is consistent with Canada's obligations under the Covenant?

It is both possible and important for governments in Canada to consider treaty obligations in the development of arguments before the courts. As mentioned above, the Supreme Court of Canada has indicated that the principles of constitutional interpretation require that international obligations be a relevant and persuasive factor in Charter interpretation.

3. What is the opinion of the federal, provincial and municipal governments as to the effect of current and proposed trade and investment agreements such as NAFTA, FTAA and the MAI on their ability to fulfill obligations under the Covenant and what processes have been put in place to review these questions?

Whenever Canada undertakes to enter into an international trade or investment agreement, the terms of such agreement are reviewed for their consistency with Canada's domestic legislation. This is true, too, in respect of Canada's participation in other international agreements. Canada recognizes and seeks to promote the complementarity between economic growth through trade liberalization and the protection and promotion of human rights, good governance and other social values of Canadians. For example, Canada recently played a leading role in the recent successful adoption of the ILO Declaration on fundamental principles and rights at work.

Refer to Disk #1 and 2, attached, for the text of cases in which the Covenant was raised.

2. animal1.wpd - International Fund for Animal Welfare Inc. v. Canada (Ministry of Fisheries and Oceans), [1989] 1 F.C. 335.

3. PSAC.wpd - Public Service Alliance of Canada v. Canada (Treasury Board), [1984] 2 F.C. 562.

4. dolphin.wpd - Dolphin Delivery Ltd. v. R.W.D.S.U., local 580 (1984), 10 D.L.R. (4th) 198 (B.C. C.A.).

5. service.wpd - Re Service Employees' International Union, local 204 v. Broadway Manor Nursing Home (1983), 4 D.L.R. (4th) 231.

8. gaumond.wpd - Gaumond et Commission des droits de la personne du Québec c. Société de transport de la communauté urbaine de Montréal, [1996] R.J.Q. 2036.

10. animal2.wpd - International Fund for Animal Welfare Inc. v. Canada (A.-G.) (1998), 157 D.L.R. (4th) 561.

12. clark.wpd - Re Clark et al. and Peterborough Utilities Commission et al. (1995), 24 O.R. (3d) 7.

2. educatn.wpd - Reference Re Education Act (Ontario) (1984), 10 D.L.R. (4th) 491.

3. chiasson.wpd - Chiasson et Commission des droits de la personne du Québec c. centre d'accueil Villa-Plaisance (1995), [1996] R.J.Q. 511.

5. maksteel.wp - Commission des droits de la personne du Québec et droits de la jeunesse c. Maksteel Québec Inc., [1997] R.J.Q. 2891.

6. lambert.wp - Lambert c. Québec (Ministère de Tourisme) (1996), [1997] R.J.Q. 726.

7. varchol.wp - Varchol et Commission des droits de la personne du Québec c. Brzozowski, [1994] R.J.Q. 1447.

8. leroux.wp - Leroux et Commission des droits de la personne du Québec c. J.M.Brouillette Inc. (1994), [1995] 25 C.H.R.R. D/495; J.T.D.P.Q. no.16 (QL).

9. stjean.wp - Commission des droits de la personne du Québec c. St.Jean-sur-Richelieu (commission scolaire), [1994] R.J.Q. 1227.

10. kafe.wp - Kafé et Commission des droits de la personne du Québec c. Commission scolaire Deux-Montagnes, [1993] R.J.Q. 1297.

11. dufour.wp - Dufour c. Centre hospitalier St-Joseph de la Malbaie, [1992] R.J.Q. 825.

12. gilbert.wp - Gilbert et Commission des droits de la personne du Québec c. Ianiro, [1996] J.T.D.P.Q. no.13 (QL).

13. jeunes.wp - M.L. et Commission des droits de la personne du Québec et droits de la jeunesse du Québec c. Maison des jeunes, [1998] J.T.D.P.Q. no.22 (Q.L.).

Please include information about: Masse v. Attorney General of Ontario, Clark v. Peterborough Utilities Commission, Falkiner v. Attorney General of Ontario, and Gosselin c. Québec.

5. Does the government agree that repealing protective legislation without replacing it would be inconsistent with article 2 of the Covenant? Provide details as to how governments have dealt with this issue under the Charter, and explain what the government's position was in Ferrel v. Attorney General of Ontario and Dunmore v. Ontario.

Canada interprets article 2 (based on the wording of the article itself and General Comment 3) as obliging it to take steps "with a view to achieving progressively the full realization of the rights recognized" in the Covenant. Retrogressive measures are only justified after careful consideration of the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.

It is difficult to discern what is implied by "protective legislation" in this question. Various non-governmental organisations have criticised changes to the method by which federal and provincial governments now share the costs of various social welfare programs. It is the government's position that the Committee's focus should be on whether the substantive entitlements under the Covenant are being met by governments in Canada, and not on the internal means by which such entitlements are being funded when those means fall within an appropriate range of government responses.

6. Explain the position of the federal and provincial governments in Eldridge v. Attorney General of British Columbia with respect to the Charter's protection of the rights of people with disabilities, referring specially to General Comment No.5.

The Government of Canada was an Intervenor in the case of Eldridge v. Attorney General of British Columbia. [1997] 3 S.C.R. 624. The position of the Government of Canada was the following: while the failure of the Respondent province to include medical interpreting services for deaf patients as a benefit under the Medicare Protection Act was prima facie contrary to section 15 of the Canadian Charter of Rights and Freedoms, the infringement was demonstrably justified in a free and democratic society pursuant to s.1 of the Charter.

The objective of the Medicare Protection Act was to ensure reasonable access to medical care by maintaining a fiscally sustainable health care system. This important objective was jeopardized by shrinking fiscal resources and therefore an infringement of a Charter right was justifiable. Limiting coverage for services under the Medicare Protection Act did not detract from the overall objective of the legislation, and rather ensured that available funds were used in a manner which government had determined to be a reasonable balancing of competing social demands.

The Supreme Court of Canada reached a contrary conclusion on the appropriate balance of cost and other factors in this case. Finding the Charter infringement not justified under section 1, the Court did state that "while financial consideration alone may not justify Charter infringements, governments must be afforded wide latitude to determine the proper distribution of resources in society."

The Government of Canada supports the Committee's General Comment No. 5. Under section 15 of the Charter and section 3 of the Canadian Human Rights Act (CHRA), the Government of Canada has ensured that persons with disabilities are guaranteed protection against discrimination. Public and private sector employers also have a duty to accommodate persons with disabilities. The Employment Equity Act further provides that private and public sector employers shall prepare employment equity plans to identify and eliminate employment barriers against persons with disabilities and institute such positive policies and practices and make such reasonable accommodations as will ensure that persons with disabilities achieve a degree of representation in each occupational group in the employer's workforce that reflects their representation in the Canadian workforce.

In 1998, the Government of Canada amended the Criminal Code, the Canada Evidence Act and Canadian Human Rights Act to strengthen the human rights protections for persons with disabilities and to improve their access to the justice system. For example, the CHRA was amended to add an explicit duty to accommodate. Amendments to the Canada Evidence Act provided for communications assistance for persons who have special communications needs. In addition, alternative methods of identifying the accused, such as auditory and tactile recognition have been made available. Amendments to the Criminal Code ensure that persons with disabilities are not excluded from jury service because of disability if they are capable of serving with assistance. Also, persons with physical or mental disabilities can now provide testimony through videotape. Finally, a new offence of sexual exploitation against persons with disabilities was established.

On March 10, 1998, Cabinet endorsed a proposal to develop a federal government disability strategy in support of the general policy framework contained in In Unison: a Canadian Approach to Disability Issues. As a result, an Interdepartmental Committee on Disability Issues, under the leadership of Human Resources and Development Canada, is working on the development of this strategy. (Please refer to the response to Question 27 for more information on the In Unison strategy)

8. Will the Government of Canada be acting on the recommendations of the Canadian Human Rights Commission that the ambit of human rights protections in Canada be expanded to include social and economic rights?

The Government of Canada will consider this recommendation as part of its comprehensive review of the Canadian Human Rights Act, which is scheduled to commence shortly. It is inappropriate to make any commitment to amend the legislation without such analysis as well as without consulting with other organizations and interested citizens.

9. Please provide the Committee with information from each Human Rights Commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

In Canada, Human Rights Commissions are independent of government. Questions pertaining to federal, provincial and territorial human rights commissions have been forwarded to these for separate response to the Committee.

12. What is the Federal Government's and each provincial government's position with respect to whether "workfare" programs discriminate against welfare recipients and are contrary to article 2 of the Covenant? Please explain the Government of Quebec's position in the Lambert case.

As any "work for welfare" schemes fall within provincial and territorial jurisdictions, this question will be left to provinces and territories for response. See also Question 24.

14. What is the position of each Human Rights Commission (with the exception of Quebec's) on whether "social condition" should be added as a prohibited ground of discrimination in the light of article 2 of the Covenant, and what is the position of the provincial and federal governments on this question?

The federal government believes that persons in poverty should receive legislative protection but that the precise wording of the ground could have unforeseen consequences and warrants further analysis and consultations. It, too, warrants consideration as part of the comprehensive review of the Canadian Human Rights Act which is to commence shortly.

15. Please state whether children of non-nationals of Canada seeking to stay in Canada are denied access to social services and benefits, education or medical care which children of Canadians have access to.

Children of landed immigrants have the same rights of access to social services and benefits, education and medical care as children of Canadians. For children of refugee claimants, although eligibility for these services normally depends on the status of their claim and the right to lawfully remain in Canada, provinces have usually made these services available.

16. Please indicate whether as a result of the repeal of the Canada Assistance Plan Act (CAP) by Bill C-76, people deprived of basic necessities under provincial or territorial social assistance schemes no longer have any legal recourse in federal law under the Canada Health and Social Transfer (CHST).

Under the Canada Assistance Plan (from 1966 to 1996, followed by a phase-out period), provinces and territories were required, as a condition of federal cost sharing, to establish an appeal system in their social assistance legislation for people who feel deprived of basic necessities under social assistance programs. The CAP cost-sharing condition reflected the rule of natural justice, i.e., that Canadians are guaranteed an inherent right to a fair hearing.

As of the Summer of 1998, every provincial and territorial government still has an appeal system in place. Principles of natural justice, as reflected in the common law and the Canadian Charter of Rights and Freedoms, would prevail even in the absence of any formal appeals process. This Charter guarantees certain sets of rights with respect to life, liberty and security of the person (Section 7) and equality (Section 15). In accordance with Section 24 of the Charter, anyone whose rights or freedoms have been infringed or denied may apply to a court of competent jurisdiction on those grounds.

The CHST took effect on April 1, 1996. It encompassed the transfers provided under the block funded Established Programs Financing for health and post-secondary education, and the cost-shared transfer for social assistance and services previously provided under the Canada Assistance Plan. Under cost-sharing, CAP had become cumbersome to administer and failed to provide provincial governments with the flexibility to tailor provincial programs to meet the needs of their own residents, reflecting their unique circumstances. The CHST does require that provincial governments respect the principles of the Canada Health Act and prohibits the imposition of residency requirements for social assistance eligibility purposes. It should be kept in mind that under the Canadian Constitution social assistance programs fall under provincial jurisdiction.

17. Why were the standards and entitlements maintained in health care but not in social assistance?

Both the Canada Assistance Plan (CAP) and the Canada Health Act (CHA) contain essential criteria governing eligibility for federal funding, which are in fact not 'standards and entitlements' as the question suggests, but rather administrative requirements to be met. More complex administrative and accounting practices were required under CAP - where funding was 50:50 cost sharing - compared to the administrative principles, such as portability, in health care where federal funding is via a block fund.

Under the CHST, social programs were included in the block funding mechanisms of federal contributions, and hence, the complex administration and accounting practices of CAP were no longer necessary. This was done so that provinces and territories would have greater flexibility in the design and delivery of these programs which under the Canadian Constitution fall under provincial jurisdiction..

The federal government is working together with the provincial governments to develop, through mutual consent, a set of shared principles and objectives to underlie social programs in Canada. Federal, provincial and territorial governments are currently working towards the conclusion of a framework agreement.

Although the CHST block fund applies to both the health and social programs designed and delivered by the provinces, those programs are distinctly different: health benefits are provided to 100% of a province's residents - including emergency services to those residents while outside the province – whereas social assistance goes to a small group of persons in the province who are found to be in need.

Notwithstanding these differences, whether under CAP or the CHST, certain basic elements of health and social programs have always been in the domain of provinces. For example, provinces have always determined who is a person in need, the rate of social assistance, and what welfare services they will make available. Similar determinations are made in the health care area by provinces deciding, with their doctors, what qualifies as an insured service.

The commitment to assist people in need throughout Canada is still the same, however, even though the administrative situation has changed. This is demonstrated by the high priority assigned, for example, to initiatives for persons with disabilities by the Federal-Provincial-Territorial Ministers responsible for Social Services. Similarly, the federal and provincial governments have joined their efforts to reduce the incidence and depth of poverty among Canadian children, and succeeded in establishing the National Child Benefit.

18. Have provinces responded by cutting social assistance rates or entitlements? Please provide information from each province about changes which have occurred from April 1995 to the present day, and any effect on the extent or depth of poverty.

19. To what extent does the revoking of CAP represent a retreat from the idea of financial assistance when in need as a universal entitlement, as described in previous reports to the Committee?

In Canada, social assistance is still defined under the Canada Health and Social Transfer (CHST) as "aid in any form to or in respect of a person in need".

Under the CHST, the provinces have increased flexibility to innovate and improve their social programs so that they can better address the needs of people in their jurisdictions.

The block-funding transfer now allows them to introduce preventive or holistic (health, social and education) approaches which better respond on a continuous basis to the changing needs of their communities. The needs test applied by each of the provinces to determine eligibility for assistance is still essentially the same. Benefits are still provided to all permanent residents found to be in need and therefore meet the same universality criteria.

20. With respect to the negotiations by the Ministerial Council on Social Policy Reform and Renewal mentioned in paragraph 86 of the Report, are the federal and provincial governments committed to restoring legal enforceability of the right to adequate financial assistance?

The federal government is working together with the provincial governments to develop, through mutual consent, the set of shared principles and objectives to underlie social programs in Canada. Federal, provincial and territorial governments are currently working towards the conclusion of a framework agreement. During these negotiations, all Canadian governments remain committed to the social well-being of their citizens.

As was the Canada Assistance Program (CAP), the CHST is a fiscal transfer mechanism and not a legislative vehicle to ensure the right to adequate financial assistance.

21. Describe any monitoring procedures established by governments as well as non-governmental agencies to measure the effect of the 40% ($6 billion) cut in the amount of cash transferred by the Federal Government for social assistance, health and post-secondary education between April 1995 and the end of fiscal year 1999-2000. What common effects have become evident throughout Canada?

Provincial-territorial economic and fiscal situations are continuously monitored throughout the year. Meetings of federal and provincial finance officials are held on a regular basis to share financial and economic data and to review respective programs and policies. Provincial data is incorporated into the structure of the federal-provincial fiscal transfer programs.

The Canadian government provides financial assistance to provincial governments for their health, post-secondary education and social assistance programs. This assistance is provided by way of fiscal transfer payments under the Canada Health and Social Transfer (CHST). The CHST is provided in the form of a cash transfer and a tax point transfer. In determining the total amount of the CHST entitlement, the tax point transfer is sometimes overlooked, but it is an integral part of the CHST; to focus only on the cash component is misleading and inaccurate.

The CHST, which equalled almost $29 billion in 1993-94 was reduced to $26 billion in 1998-99 – a reduction of $3 billion. This time period is usually chosen for comparison purposes as it encompasses the period just before expenditure restraint measures took effect and just after. While these reductions are substantial, they are half the $6 billion figure sometimes quoted – the $6 billion figure does not include the CHST tax point transfer. In addition, the CHST provided stable and predictable funding for provincial governments through a legislative five-year arrangement (1998-99 to 2002-03).

Program expenditure reduction measures were critical in order to regain control over the finances of the Canadian government and to ensure the future financial viability of Canada's social programs. Failure to do so would have put these very programs in jeopardy. For example, in 1993-94 total federal spending reached $158 billion while total revenue was only $116 billion. Furthermore, about $40 billion was being spent just for interest on the federal debt -- money that could have been available to finance social programs for Canadians. As cash transfers to provinces alone made up over 20 per cent of the federal governments total program expenditures, they could not be spared from expenditure restraint. However, transfers to provinces were reduced by less than other program spending. Between 1993-94 and 1998-99 major transfers to provinces declined by 7.4 per cent while direct program spending declined by 10.8 per cent. (The 7.4 per cent figure includes unconditional transfer payments provided to provinces under the Equalization program which provinces can use for their social programs and transfers to territories under Territorial Formula Financing.)

Once federal fiscal stability was re-established the first major spending initiative undertaken by the Canadian government was to increase transfers to provinces in support of health, post-secondary education and social assistance programs. Legislation was passed in the summer of 1998 raising the cash floor placed under the CHST to ensure that the CHST cash transfer component does not fall below $12.5 billion in any year. This one measure translates into an additional $7 billion for provinces for social programs over six years (1998-99 to 2002-03). The CHST is scheduled to grow by 2.5 per cent annually, climbing from $26 billion in 1998-99 to $28.5 billion in 2002-03.

22. Did the previous cost-sharing of all social assistance costs and specific social programmes for vulnerable groups mean that in times of greater need or in regions of greater needs the Federal Government contributed more? Please provide information on the types of services which are no longer cost-shared equally, report on any reductions in those services since 1995 and provide information about the effects of any changes on vulnerable groups.

Under the Canada Assistance Plan (CAP), federal contributions were tied to provincial and territorial expenditures on social assistance programs and social services, from 1966 until 1996. Where a provincial or territorial government's social program costs increased - either because of economic downturns or program enhancements - federal contributions increased to cover 50% of new approved costs. However, due to the inherent nature of cost sharing, federal support for social programs was unequal across provinces; richer provinces could finance enhanced programs for their own residents and therefore could receive a greater share of federal funding.

In April 1996, the Canada Health and Social Transfer (CHST) incorporated the block-funding that previously had existed for health and post-secondary education with a new block fund that incorporated the funding that had been through CAP. Because the CHST is a block fund, there are in fact no specific services that are cost-shared equally. Rather, each province and territory decides according to its own priorities how it will spend its CHST allocation.

Most jurisdictions have undergone program reviews in the mid-1990s in an effort to streamline and rationalize their operations. Reductions in federal transfers resulting from the implementation of the CHST were only one of the factors affecting provincial and territorial spending on social services during this period. Other factors that contributed to service restructuring were the nation-wide push to (or towards) balanced budgets, the economic downturn of the early- to mid-1990s and governments' efforts to reduce or eliminate overlap and duplication of efforts in the delivery of social programs.

23. Does the Government intend to implement the recommendations of the Royal Commission on Aboriginal Peoples with respect to self-determination, self-governance, and control of lands and resources and the establishment of a lands and treaties tribunal?

The federal government has had policies in place for many years that are congruent with, or accommodate, many of the recommendations of the Royal Commission on Aboriginal Peoples (RCAP.) The comprehensive claims policy addresses the use and management of renewable resources and provides for negotiating economic benefits. Canada and Aboriginal groups are working together to address policy issues such as options to achieve certainty without extinguishment of Aboriginal rights and considering the development of forward looking treaty processes and relationships. The federal government has recognized the inherent right of self-government as an existing right under the Canadian Constitution. Also before the RCAP final report, Canada made a statement at the United Nations indicating its willing to accept a right of self-determination for indigenous peoples which respects the political, constitutional and territorial integrity of democratic states.

In January 1998, the federal government released Gathering Strength: Canada's Aboriginal Action Plan. The Action Plan responds to the Royal Commission and sets directions for a new course based on: recognizing past mistakes and injustices; reconciliation, healing and renewal; and building a joint plan for the future. At its heart is a commitment to address the needs of communities by building a real partnership with Aboriginal people, including the development of mechanisms to recognize sustainable and accountable Aboriginal governments and institutions. It has four objectives:

- renewing the partnerships to bring about meaningful and lasting change in our relationships with Aboriginal people;

- strengthening Aboriginal governance is about supporting Aboriginal people in their efforts to create effective and accountable governments, affirming treaty relationships and negotiating fair solutions to land claims;

- developing a new fiscal relationship means arriving at financial arrangements with Aboriginal governments and organizations which are stable, predictable, and accountable and help foster self-reliance;

- supporting strong communities, people and economies focusses on improving health and public safety, investing in people, and strengthening Aboriginal economic development.

The federal government is prepared to consider other recommendations of RCAP, such as enacting companion treaty legislation and the establishment of an independent claims body for specific claims. This is being worked on by government and First Nations. Other recommendations, such as the establishment of a Crown treaty office and treaty commission, will require development and assessment of their feasibility over the next years.

24. Please provide information on any provinces that require participation in "workfare" or similar programmes and describe the appeal procedures in place with respect to any disentitlement from basic necessities on this ground. Are these programmes applied to single parents and, if so, what exceptions apply? Is the Committee correct to assume that these programmes would have been illegal under CAP?

The term "workfare" is often used inappropriately as a synonym for traditional short-term job creation. Strictly speaking, classic workfare is defined by two conditions: (1) participation must be mandatory rather than voluntary, and (2) work or other approved activity must be done in exchange for the basic welfare payment, rather than for a supplement to that basic payment.

As of the summer of 1998, with the exception of one province, there is no formal workfare program in Canada. See provincial and territorial sections for further details.

The Canada Assistance Plan (CAP) prohibited provinces from imposing a mandatory work requirement in exchange for basic assistance. However, provinces could set reasonable requirements respecting "work availability" (job search, acceptance of suitable work) and "employment preparation" (participation in employability enhancement programs) as a condition of eligibility for employable applicants and clients.

The same flexibility exists under programs that are block-funded under the Canada Health and Social Transfer (CHST). When clients fail to fulfil their employability requirements, all provincial and territorial governments can terminate, suspend or reduce a client's benefits or refuse an applicant's request for assistance; these requirements are sometimes waived because of poor labour market conditions or significant barriers to employment.

26. Will the Government implement the recommendations of the Royal Commission on Aboriginal Peoples to address the unacceptable levels of unemployment both on and off reserves?

The Government agrees with the Royal Commission on Aboriginal Peoples (RCAP) that unemployment levels on and off-reserve are unacceptably high, and shares the RCAP focus on building economic self-reliance and community well-being through capacity building, and Aboriginal peoples' increased access to land, resources and opportunity.

Two federal departments are working with Aboriginal peoples to improve employment levels. Human Resources Development Canada (HRDC) works with all Aboriginal peoples -- First Nations, Inuit and Metis -- on and off-reserve. The Department of Indian and Northern Affairs (DIAND) works with First Nations people on-reserve and Inuit.

In response to the RCAP call for a long-term employment strategy for Aboriginal peoples, HRDC will launch the Aboriginal Human Resource Development Strategy on April 1, 1999. This five-year initiative, a key employment component of Gathering Strength, the government response to RCAP, responds to the need for skill development and employment initiatives for Aboriginal peoples, and for integrated delivery of initiatives.

The Strategy builds on current HRDC policy, which transfers control over design and delivery of employment programming, along with accountability for results, to local Aboriginal authorities. The results of increased local responsibility and resources are clear. About 27,000 Aboriginal people have completed labour market interventions and half of those persons are working. The other half are in further training, have returned to school or are looking for work. Successful local control of employment initiatives also supports Aboriginal peoples' aspirations for self-government, and their desire for full labour market participation.

In April, the Strategy will expand local responsibility to include programming for Aboriginal people with disabilities, urban Aboriginal peoples and youth as well as to include child care for working parents or those in training or school. This will improve client access to services. HRDC will also support efforts to expand the capacity of Aboriginal partners to design and deliver programming, and achieve results.

The Federal Government is committed to working with First Nations on implementing the National Child Benefit (NCB) in ways compatible with their unique needs. As noted under Q.48 and Q.50, the NCB is designed to promote attachment to the workforce.

Also part of the Government's response to RCAP is DIAND's An Agenda for Action with First Nations, which outlines specific Government initiatives reflecting the mutual commitment to a renewed relationship.

One of the four main themes in the Agenda for Action is the commitment to support stronger First Nations communities, enhance economic development, and increase individual and community self-reliance within a strategic and planned approach, developed in partnership and addressing the issues of standards, comparability and performance indicators.

In addition to An Agenda for Action with First Nations, initiatives were developed for the Inuit people of the North in Gathering Strength. The challenge for the North was to develop new governance institutions which are sensitive to Aboriginal interests, and to the shared interests of all people in Canada, while working to strengthen the North's economic base. In less than a year, Canada will have a new, third territory in the North, called Nunavut, governed by the Inuit of the eastern Arctic through a public government structure. Training and staffing efforts are underway to ensure that 85% of the Nunavut civil service are Inuit, reflecting their proportionate representation within the broader population of the region and providing significant employment opportunities.

27. According to Statistics Canada, in 1991 over 40% of people with disabilities received no employment income compared to 18.5% for people without disabilities and the unemployment statistics for people with disabilities are among the highest of all minority groups. What are the steps taken by the federal, provincial and territorial governments to remedy this situation?

The Government of Canada has employment equity legislation in force that requires employees in regulated industries and contractors to the government to work towards a representative labour force, which includes disabled persons. In addition there are support programs at the federal, provincial and territorial levels to assist disabled participation in the labour force through active job matching services, placement programs and financial assistance for workplace modifications and specialized on-the-job equipment.

Since the UN International Year of Disabled Persons in 1981, Canada has made important progress in its treatment of disability issues. Work has been done at all levels of government and with the disability community to identify areas that should be targeted for improvement. Early in the process, it was recognized that major issue areas such as education, training, disability supports and employment are inter-related and that progress will be achieved only if the linkages are appropriately made. In March 1998, Canada received the UN Franklin Delano Roosevelt Award in recognition of its achievement over the years at integrating persons with disabilities in the social and economic life of the country. In receiving the award, the Prime Minister recognized that in spite of our achievements, a lot remains to be done for Canadians with disabilities.

At their June 1996 First Ministers' Meeting, the Prime Minister, Premiers and Territorial Government Leaders identified persons with disabilities as a collective priority in the pursuit of social policy renewal. The social policy renewal exercise is an effort at modernizing Canada's social policies and the establishment of a new partnership among governments (federal, provincial and territorial). This commitment to persons with disabilities was reaffirmed by First Ministers at their meeting in December 1997.

Consistent with this mandate, federal, provincial and territorial Ministers Responsible for Social Services have been focussing on reform of the broader system of benefits and services for persons with disabilities. Their efforts have resulted in the development of a common vision and policy framework. The document In Unison: A Canadian Approach to Disability Issues was endorsed in March 1998 by the Federal Cabinet and approved by the provincial and territorial Ministers Responsible for Social Services. Discussions with the disability community regarding this document took place in July 1998. In Unison provides objectives and policy directions for future reform in four key areas: citizenship, disability supports, employment and income.

In Unison recognizes that governments, private and voluntary sectors, and citizens all have a key role to play in the achievement of the full participation of persons with disabilities in Canadian society. In Unison promotes policies and programs that support persons with disabilities to overcome the barriers they face in the labour force so that they have the same opportunity as other Canadians to lead economically independent lives.

Recently, the federal, provincial and territorial governments have worked together to replace the old Vocational Rehabilitation for Disabled Persons program (VRDP) with the new Employability Assistance for People with Disabilities program (EAPD). EAPD has a strong employability focus and results-based accountability. It responds to the need identified by the disability community for appropriate programs and services that support people with disabilities to overcome the barriers they face in the labour force. The disability community was consulted in the development of EAPD.

In addition, the federal government created the Opportunities Fund to work in partnership with organizations of persons with disabilities and other sectors to support innovative approaches to integrating persons with disabilities into employment. Clients are persons with disabilities who require assistance to prepare for, find and keep work, and who are more 'job ready' than those who will benefit from the assistance of EAPD. The disability community was involved in the development of the Opportunities Fund.

Furthermore, the federal government is working with the provinces and territories as well as interested stakeholders, including Aboriginal groups, on the development of a Federal Disability Strategy which is intended to address a range of issues concerning disability supports, employment and income support.

With respect to Aboriginal people in particular, the federal government is proceeding with demonstration projects under a special initiative which encourages greater participation in the labour force by residents of First Nations now on social assistance. Disabled people are expected to benefit from this initiative.

The Aboriginal Human Resources Development Strategy described under Q.26 will also address employment and training issues of concern to disabled Aboriginal people.

28. Please provide information as to the minimum wage rate in various provinces and territories and any changes in its real value over the last few years. Please indicate how the income from a full time job at a minimum wage compares with the poverty line. What do the federal and provincial governments intend to do to ensure that minimum wages are adequate?

As of August 20, 1998, minimum wage rates for experienced adult workers in Canada's provinces and territories ranged from a low of $5.00 per hour in Alberta to a high of $7.15 per hour in British Columbia.

To ensure that minimum wages are adequate, each province and territory periodically reviews its minimum wage taking into account the cost of living, economic conditions and other relevant factors.

Some provinces and territories use minimum wage boards to set the rates. These boards are usually composed of representatives of employers and employees, with the chairperson being frequently an officer of the department of labour. They hold public hearings and make extensive inquiries before minimum wage orders are put into effect.

In the five provinces that do not use a minimum wage board, the review of the minimum wage is incumbent upon the Lieutenant-Governor in Council.

29. Please provide information as to the transformation of women's work to more precarious forms (part-time, homework, etc) and the economic consequence of these changes on the poverty of women, particularly young single women with dependent children.

Increasing competition from the global market place coupled with technological innovations has led to changes in the nature of work in Canada. More flexible forms of employment - such as part-time and contingent positions, telework, and other forms of non-standard work - have become more prevalent in the Canadian labour market in recent years and growth in these areas continues.

In 1994, 33% of those employed between the ages of 15 and 64 were employed in some form of non-standard work, an increase of 5% from 1989 figures (7). This trend is more pronounced for youth and women. For example, in 1995, over 24% of employed women engaged in part-time work, compared with 8% of men (8). Women also predominate in the growing area of home-based work.

Non-standard forms of work can offer some advantages for women who want greater flexibility in balancing their family and paid work responsibilities. With increasing numbers of women with young children entering the labour force, this type of work may become increasingly necessary in order to balance child care and work responsibilities, especially for female lone parents.

While women may benefit from the flexibility of this type of work, it can also render them economically vulnerable. Generally, these forms of work offer lower wages and fewer benefits.

In Setting the Stage for the Next Century: the Federal Plan for Gender Equality, the Government of Canada recognizes the need to monitor and assess the economic and social vulnerability of non-standard workers in Canada, particularly women working in home-based, piece-rate assembly, clerical, textile and other low income jobs. One initiative which responds to this commitment is the report of the Advisory Committee on the Changing Workplace, entitled Collective Reflection. This report, released by the Minister of Labour in June 1997, examines the changing nature of work and considers how workplace change might better meet the needs of both workers and employers in Canada.

Recent reforms to Canada's Employment Insurance system (1996) incorporate measures which address the needs of non-standard workers and benefit women in a number of ways. The new Employment Insurance system ensures that eligible part-time workers and multiple job holders are fully covered, that active employment benefits help women find jobs and that low income claimants with children, two-thirds of whom are women, receive the Family Income Supplement. In addition, the Canada and Quebec Pension Plans recognize that women's patterns of non-market work, employment and remuneration are very different from those of men. The Plans includes features such as the child-rearing drop out provision, credit-splitting (of pension credits upon divorce and separation) and survivor's benefits (upon the death of a spouse) which recognize women's role as the primary care-givers in the household.

30. What steps have been taken by the Federal Government to implement the recommendation of the Canadian Human Rights Commission so that employers' and workers' representatives are required to take the initiative to implement pay parity between men and women?

The Commission recommends proactive legislation parallel to that in the recent Employment Equity Act because it believes that this approach is preferable to a complaints based system in dealing with systemic discrimination such as employment or pay equity. This would be an extremely significant legislative initiative which requires consultation and analysis. Until recently, the government's priority was Bill S-5, amending the Canadian Human Rights Act by adding the duty to accommodate, making the Tribunal more efficient and improving other aspects of the Act. The government is in the process of completing implementation of Bill S-5 and is now turning its mind to the new priority: a comprehensive review of the Canadian Human Rights Act, to ensure that it is effective in promoting human rights in the new millennium. One of the key aspects to be considered is how best to redress systemic discrimination.

31. Please provide information regarding the rights of farm workers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. is there any other justification for denying these workers collective bargaining rights accorded to other workers?

32. How does the Canadian Government explain the dramatic decreases in the percentage of unemployed workers receiving Employment Insurance benefits from 83% in 1990 to 43% in 1997? Have the changes in the EI program disproportionately affected vulnerable groups in Canada? Has there been any decline in the number of women receiving maternity benefits?

Although the percentage of unemployed workers receiving EI benefits (B/U ratio) is commonly used to measure program coverage, it is an imperfect measure. Some beneficiaries are not considered unemployed (e.g., they work while on claim or indicate they are not looking for work) and some are only temporarily ineligible for benefits (e.g., they are receiving severance pay or are in the 2-week waiting period before benefits begin). In addition, not all unemployment results from job loss. Many of the unemployed have little or no previous work or voluntarily left their employment.

The decline in the B/U ratio is attributable to changes in the labour market (e.g., the growth in long-term unemployment, the growth in non-insured work such as self-employment, and the increase in new entrants and re-entrants to the labour market) as well as changes to the Unemployment Insurance/Employment Insurance program (e.g., higher entrance requirements, cuts in duration of benefits, and exclusion of those who quit their jobs without just cause). In order to pinpoint the reasons for the declining B/U ratio, the government is undertaking an in-depth analysis of the issue and its implications for the EI program; a paper based on this analysis will be released in late 1998.

In the first year following the 1996 EI reform, there were larger than expected declines in the number of claims and the amount paid out in benefits. Program changes were just one factor,; the improving economy, stronger job creation and the decline in job losses also contributed to this decline.

The reform was designed to protect the benefits of those most in need. For example, the maximum benefit rate for claimants eligible for the new family income supplement for low-income claimants with children is 70% of average earnings in 1998 and will rise to 80% of the maximum benefit allowed by 2000. For all other claimants, the benefit rate is 55%. About two-thirds of those receiving the family income supplement are women, and overall the decline in benefits was somewhat less for women than for men. Young people experienced a greater than average decline in benefits, but continue to be a top priority for employment programs funded from outside the EI system.

The new EI Act requires the government to monitor and assess the impacts of EI reform on individuals, communities, and the economy and make annual reports to Parliament for the years 1997 to 2001. Analysis of the impacts of the reform on vulnerable groups is an integral part of this process.

Regarding maternity benefits, the change in entrance requirements from as few as 300 hours (20 weeks of 15 hours each) to 700 hours of work (the equivalent of 20 weeks of 35 hours each) under EI reform was expected to affect very few maternity claimants because they typically have a strong labour force attachment (on average, they work 45 weeks before applying for benefits). There was a slight decrease in the number of claims for maternity benefits in the first year following EI reform.

33. In light of the surplus in the Employment Insurance Program that is expected to reach $20 billion by the end of 1998, has the Government considered expanding coverage?

A surplus is being built in the EI Account so that, in the event of an economic downturn, benefits can be maintained and premiums would not have to rise. It should be noted that the government is obliged to continue to pay benefits even when program costs exceed contributions, as was the case during the last recession.

As previously mentioned under Q.32, an in-depth analysis of the B/U ratio issue and its implications for the EI program is under way and will help the government pinpoint the reasons for the decline. As well, the monitoring and assessment provisions introduced as part of EI reform will help to measure the impact of program changes on individuals, communities, and the economy. The second of five annual monitoring and assessment reports required under the new EI Act is now being prepared. It would be premature to consider expanding the program before the results of the B/U study and the 1998 monitoring and assessment report have been completed and evaluated.

34. Under the new legislation, is the federal government using any surplus funds to subsidize provincial workfare schemes? Since the Employment program has been solely paid for by the contributions of workers and employers since 1990, this seems to suggest a privatization of social assistance. What are the implications of this in terms of state responsibility for guaranteeing the rights in article 11?

Workfare schemes would not meet the criteria set out in the Employment Insurance Act and so could not be supported.

Under the new Act, contributions collected from workers and employers can be used only to fund the EI program. That is, the funds can be used to pay income benefits under Part I of the Act and to provide active re-employment measures under Part II of the Act.

EI reform expanded eligibility for active measures under Part II. Unemployed individuals are now eligible for these active measures if they have collected regular EI benefits in the past 3 years or maternity or parental benefits in the past 5 years. Therefore, individuals receiving social assistance may be eligible for active measures.

Under the new Labour Market Development Agreements (LMDAs) between the federal and provincial and territorial governments, responsibility for the design and delivery of Part II active measures either rests solely with the provincial or territorial government or is shared by the two levels of government.

Active measures administered by the provinces and territories and funded from the EI Account must be similar to the employment benefits and support measures provided for under Part II of the EI Act and respect the objectives and guidelines set out in Part II.

37. The Committee has received information that food bank use has continued to increase in Canada and has approximately doubled over the last ten years. Can the Government explain why the number and the use of food banks has continued to increase? Does the Government consider the need for food banks in so affluent a country as Canada consistent with article 11 of the Covenant?

38. Please provide information as to the number of people paying more than their shelter allowance for housing and indicate whether paying for housing out of money needed for food may lead to hunger in these households.

41. Please provide any available data on the extent of homelessness in various cities in Canada. At what point would the government consider homelessness in Canada to constitute a national emergency?

At present there are no comprehensive data on the extent of homelessness in Canada. Although there have been attempts to gather national data in the past, they were not statistically reliable or representative. As CMHC's Background Report points out, gathering data on homelessness is inherently difficult. Even at the conceptual level, there is no common agreement about how to define or measure homelessness.

Some cities, including Calgary and Ottawa, have attempted to develop estimates, but the methods of gathering the data vary so widely that comparison among cities is impossible. The new City of Toronto has the largest and probably the most robust data series in the country with regard to homeless persons. Based on this data set, the Interim Report of the Mayor's Homelessness Action Task Force states that just under 26,000 individuals used shelters in Toronto during the year 1996.

A significant element of CMHC's research program on homelessness is a multi-phase project to develop a computerized tool for assisting local shelters and agencies in standardizing the collection and management of data on homeless shelter users. This approach was taken following a consensus among a panel of experts that the best way to enumerate the homeless would be to partner with local services. The tool is currently under development and the next stage will involve pilot testing the software in various cities across the country.

42. Please provide information on any disparities between Aboriginal housing and other housing with respect to piped water, flush toilets, need for repairs and other indicators of adequacy.

CMHC's Background Report provides details on the housing situations of all Aboriginal people in Canada, both on and off reserve and in comparison to the general population. Aboriginal people experience significantly more housing adequacy problems than the rest of the Canadian population. The adequacy component of CMHC's core housing need model measures whether a dwelling has all basic plumbing facilities (hot and cold running water, indoor toilet, and bath or shower) and does not require major repairs. About 9% of all non-Aboriginal households in Canada live in homes that do not meet this criterion (11% in rural areas and 7% in urban areas). In contrast, almost one-quarter (23%) of all Aboriginal households' dwellings are inadequate according to this criterion.

The federal government continues to place a priority on health and safety, and, as such, the need to improve housing and water and sewer services on Indian reserves. Over the past several years, DIAND has reallocated close to $400 million in additional spending in support of water and sewer projects and has committed an additional $160 million for the implementation of a new on-reserve housing policy. The capital budget for major water and sewer projects on reserve is expected to be almost $175 million annually. In 1998-99 approximately $450 million will be spent for on-reserve housing by CMHC and DIAND. It is estimated that nearly 4,600 new housing units will be constructed and about 3,800 homes will be repaired during the current fiscal year.

The new on-reserve housing policy was announced in 1996 following extensive consultations with First Nations. The policy provides a solid framework within which First Nations can bring about overall and sustainable improvements in on-reserve housing condition. Under the policy, First Nation communities develop community-based housing programs and multi-year housing plans to maintain and rehabilitate existing housing and construct quality, affordable new housing. These housing plans are also linked with community training, job creation and business development initiatives to help maximize local benefits. Furthermore, improving community infrastructure is also a priority under Gathering Strength and An Agenda for Action.

43. At paragraph 275, the Report states that federal funding for new social housing units was terminated in 1993. How can this be justified when so many households are unable to secure appropriate housing in the private market?

As described in detail in CMHC's Background Report to the Committee, the Government of Canada continues to provide support for affordable housing in a number of ways.

The federal government, through CMHC, continues to provide approximately $1.9 billion annually to subsidize about 645,000 existing housing units, mainly for low income households. The federal government also emphasizes the preservation of the existing affordable housing stock through such programs as the Residential Rehabilitation Assistance Program (RRAP), the Emergency Repair Program (ERP) and Home Adaptations for Seniors Independence (HASI), and on January 30, 1998 announced an extension of funding for these programs for five years at a cost of $250 million ($50 million per year). The CMHC Background Report notes that over 124,000 units were assisted under federal and joint federal-provincial-territorial rehabilitation programs between 1990 and 1995.

Further, the provision of National Housing Act (NHA) mortgage loan insurance enables persons to purchase homes with low down payments and at favourable mortgage interest rates. The NHA Mortgage-Backed Securities program ensures the supply of low-cost funds for mortgages.

The federal government continues to provide funding for housing on Indian reserves. In 1998-99 approximately $450 million will be spent for on-reserve housing by CMHC and the Department of Indian Affairs and Northern Development. It is estimated that nearly 4,600 new housing units

will be constructed and about 3,800 homes will be repaired during the current fiscal year.

CMHC is also engaged in a number of partnership activities that support the production of affordable housing. The Canadian Centre for Public-Private Partnerships in Housing (CCPPPH) helps community-based groups to develop affordable housing without long-term government subsidies. Homegrown Solutions encourages the development of innovative housing solutions at the local level. Affordability and Choice Today (ACT) promotes changes to planning and building regulations that will eliminate barriers to housing innovation and improve housing affordability.

44. According to information provided to the Committee from Statistics Canada, the percentage of government expenditure on housing has declined since 1993. There has been extensive media coverage of a growing crisis of homelessness in Toronto, Vancouver and elsewhere, emphasizing primarily charity-based efforts to address the problems. Is the Government applying the "maximum of available resources" to eliminating homelessness and does it agree that guaranteeing the right to housing is a core responsibility of governments and a matter of the highest priority?

The Government of Canada continues to play an important role in fostering a strong economy that sustains and creates jobs, which in turn enable the vast majority of Canadians to address their own housing needs without direct government subsidy. In fact, over a quarter of a million new jobs were created in Canada in 1997. Moreover, the Government actively cultivates a stable financial environment that promotes excellent housing affordability, including access to home ownership for most Canadians. Inflation rates have remained low, and mortgage interest rates have been the lowest in over 30 years. These combined with an abundant supply of affordable homes on the market have led to record levels of first-time buying. Recently released Census data indicate that the home ownership rate in Canada was 63.6% in 1996, compared to 62.6% in 1991 and 62.1% in 1986.

Canada has a federal system with more than one "level" of government having independent responsibilities with regard to housing issues. Most assistance for shelter needs flows through income support channels rather than bricks-and-mortar approaches. As Table 22 of the CMHC background report shows, the combined direct government expenditure on housing in Canada has risen since 1990 from $3.5 billion to approximately $4 billion per year. In addition, income support provided through the Canada Assistance Plan is estimated to have provided another $5.2 billion specifically for shelter in 1993, bringing the total expenditure on housing to $9.2 billion for that year. Total government expenditure on housing is actually higher than this because of expenditures through other components of the national income security system, but no reliable estimates for these components are available. Also not included in these totals are the tax expenditures made by the Canadian government in support of housing. Estimates for 1997, for instance, indicate that non-taxation of capital gains on principal residences amounted to as much as $1.5 billion, the GST rebate on new housing cost $505 million, and the tax exemption on residential rents totalled $1.6 billion.

The existing social housing stock supported by the Government of Canada at a cost of $1.9 billion per year includes facilities for homeless people and those at risk of becoming homeless. Federal transfers to the provinces through the CHST also provide funding to support a broad range of programs for the homeless. Further, the federal government provides $2 million annually for upgrading or constructing shelters for victims of domestic violence who might otherwise not have access to appropriate accommodation.

The Residential Rehabilitation Assistance Program (RRAP) and the Emergency Repair Program (ERP), also referenced in the response to Question 43, both benefit the homeless. RRAP provides assistance to low income home-owners to bring their homes up to basic health and safety standards, and to persons with disabilities to make their homes accessible. A special component of RRAP is targeted to improving rental housing and rooming houses occupied by low income tenants. ERP provides assistance to undertake emergency repairs on homes located in rural areas to ensure continued safe occupancy.

CMHC has funded a number of research projects on homelessness, with recent emphasis on ways the problem could be better quantified. A national forum for research on homelessness was established by CMHC in 1994. This includes representatives from governmental and non-governmental organizations. In 1999, CMHC plans to sponsor a forum on "best practices" for addressing homelessness. CMHC is currently working with several major cities on initiatives designed to address homelessness, including Toronto, where CMHC is supporting the work of the Mayor's Homelessness Action Task Force, and Vancouver, where CMHC is working with the City to determine if the rental component of RRAP could be used to rehabilitate two inner-city apartment hotels.

The CMHC Background Report contains a section on homelessness and a section on housing-related expenditures by governments in Canada.

47. Does the Government support the recommendations of the Royal Commission on Aboriginal Peoples that the Canadian Human Rights Act be amended to authorize inquiries into whether relocations of Aboriginal peoples were legal and permit court action to obtain redress?

This recommendation proposes a significant new role for the Commission and further, that the Commission be given the power to apply its act retroactively, that is, prior to 1978. One of the key aspects of the upcoming comprehensive review of the Canadian Human Rights Acts will be the role of the Commission.

Canada works with Aboriginal communities on a case-by-case basis to address any problems and issues which may exist as a result of past relocations. The criteria for relocations outlined in the RCAP report are useful and consistent with the approach that the federal governments now takes in any relocations. In the case of the relocation of the Davis Inlet community, for example, the community gave their free and informed consent through a public ratification process, and community planning was carried out jointly over a reasonable period of time. In this way, it is possible to find solutions that meet the unique needs and circumstances of the individual communities involved.

The federal government is currently working with one community to document the story of their relocation in order to inform any remedial measures the government may determine as necessary. In the meantime, Canada has provided significant resources to the First Nation to assist in providing better housing, water treatment, education, health and policing services to its community.

48. .Although the last recession ended in 1991, poverty rates have risen steadily since then. Please provide to the Committee the most up to date information on single parents, children, people with disabilities and Aboriginal people and explain how this unacceptable situation has been allowed to occur.

Despite the lack of an official measure of poverty (whether poverty rates or poverty line), the Government of Canada does recognize that many individuals and families in Canada are living in relative poverty. Statistics Canada produces annual data on persons and families who appear substantially worse off than average Canadians according to a statistical norm called the Low Income Cut-Offs (LICOs) (9). These are used as indicators of those segments of the population most in need of government assistance.

The latest LICO data relate to 1996. These estimates use the 1992 base year, which considers as having low income those families or persons who spend 54.7% or more of their income on food, shelter and clothing.

According to these figures, in 1996, there were 21% of children less than 18 years of age who lived in low-income families. Nearly 57% of all single parent families (headed by a person aged less than 65) were low income. As well, about 31% of male-headed lone parent families were low income while more than 60% of female-headed lone parent families were in the same situation. It is worth noting that in that year, single parent families represented 18.6% of all families with children (headed by people younger than 65). Source: Statistics Canada catalogue 13-207-XPB – Income distribution by Size in Canada, 1996

While no equivalent and as timely data on Aboriginal peoples are available, the RCAP Report documented some of the conditions they face. For example, based on 1991 census information, RCAP told us that in Winnipeg, Regina and Saskatoon, more than 60% of Aboriginal households were below the LICOs. For single-parent households headed by women, the situation was worse. Source: Report of the Royal Commission on Aboriginal Peoples, 1996

With respect to disability, the most recent data are from the 1991 Health and Activity Limitation survey. These data show that almost 22% of disabled persons between the ages of 15 and 64 had incomes below the LICO. Source : Living with Disability in Canada : an Economic Portrait. HRDC, Office for Disability Issues, 1996

Based on these indicators, low income families with children, Aboriginal peoples, and persons with disabilities are more vulnerable than other Canadians. This is why new initiatives have been put in place expressly for them. Canada is taking action on many fronts.

First, Canada is concerned about the well-being of its children. This is why children are a public priority for the Government of Canada and the provinces, as evidenced by the National Child Benefit (NCB) introduced in 1998. The NCB is designed to improve services and benefits for low income families with children. It will contribute to reduce the depth of child poverty and promote attachment to the workforce by ensuring that families will always be better off as a result of working (see response to Q. 50 and Child Benefit documentation provided separately).

Several other programs help support children from low income families; for example the family income supplement for low income Employment Insurance recipients with children.

The Government of Canada is working with provincial and territorial governments, and others, on the development of a National Children's Agenda, to include a shared vision and values for children. Over the coming months, the Ministerial Council on Social Policy Reform will be considering ways to involve Canadians, to make this a truly national undertaking.

Second, Canada is concerned about the well being of Aboriginal families. The federal government is committed to working with First Nations on implementing the NCB in ways that address the complex nature of social development on reserves.

In a broader context, Gathering Strength, the formal response to the RCAP Final Report, and the ensuing Agenda for Action with First Nations outline the objectives and specific initiatives to reflect the mutual commitment of Aboriginal leaders and the federal government to a renewed relationship. One of the four major themes of the Agenda for Action is support to stronger First Nations communities and people. Included are measures to support healthy sustainable communities, enhance economic development, and increase individual and community self-reliance.

These initiatives also include measures to support the development of an economic base on reserves, through activities which build local capacities to encourage and facilitate welfare-to-work transitions. The federal government is working with First Nations to reform the on-reserve welfare system from passive to active case management, develop a new framework for the Social Assistance Program administered by the First Nations, and increase the First Nations' capacity to reduce welfare dependency through measures to increase employability and reduce poverty on reserves. Additional measures to support the labour market participation of Aboriginals are described under Q. 26.

Third, Canada has taken steps to reduce the poverty conditions experienced by persons with disabilities. In March 1998, Canada received the UN Franklin Delano Roosevelt Award in recognition of its achievement over the years at integrating persons with disabilities to the social and economic life of the country. In receiving this award, the Prime Minister acknowledged that much remained to be done for Canadians with disabilities. As evidenced by their December 1997 commitment, First Ministers throughout Canada remain set on further progress for disabled persons (see Q. 27). Both the federal-provincial-territorial initiatives and the federal strategy for persons with disabilities will address the needs of Aboriginal people.

49. The Chief Commissioner of the Canadian Human Rights Commission was quoted in the Globe and Mail on March 25, 1998 as saying: "Poverty is a serious breach of equality rights which I believe has no place in a country as prosperous as ours." Does the Government agree with this statement?

The Government is committed to ensuring that all Canadians have a decent standard of living, with appropriate health care and education. Canada is fulfilling these commitments primarily through social benefits legislation and programs, bearing in mind the economic realities and the division of powers between the federal and provincial governments.

50. What measures did the federal and provincial governments take to follow up on the recommendations of the Committee in 1993 to reduce the gap between welfare rates and the poverty line? Has this gap been reduced? If not, what is the explanation for the Government's failure to address this pressing need during a time of relative economic prosperity?

The design and administration of social assistance programs falls under the jurisdiction of provincial and territorial governments, and each provincial and territorial authority establishes its own social assistance benefit levels.

While the Federal Government plays no role in establishing social assistance benefit levels, it is committed to helping Canadians achieve a good standard of living. The Government has successfully put the nation's fiscal house in order and the prospects for long-term economic growth and employment are good. In keeping with the belief that the best solution to poverty is jobs, the Government has invested in a number of major initiatives to support labour market participation and thereby address poverty.

First, federal, provincial and territorial Ministers responsible for Social Services have agreed to an innovative and progressive approach for investing in children. Effective in July 1998, The National Child Benefit (NCB) expands and enhances the $7 billion that governments have provided for low- and middle-income families with children. The objectives of the NCB are to reduce the incidence and depth of child poverty and to promote attachment to the workforce – resulting in fewer families having to rely on provincial or territorial social assistance programs – by ensuring that families are better off as a result of employment.

As its initial participation to this initiative, the federal government is already providing $850 million to enhance the Canada Child Tax Benefit as a common income platform across the country. The federal government also undertook to increase its investment in the Canada Child Tax Benefit by another $850 million ($425 million in 1999 and $425 million in 2000). As Government of Canada funding for children's income support increases, provinces and territories will decrease social assistance payments for families with children and have begun to reinvest these newly available funds. These investments are targeted for improving work incentives, benefits and services for low income families with children. Overall income support to families on social assistance will remain at least the same. And when parents move from welfare to work, the NCB will ensure their children continue to receive needed financial assistance. (See "National Child Benefit" information kit provided separately for details on how the new program mentioned in paragraph 98 of the Report has been implemented.)

Canada's Youth Employment Strategy, the Canadian Opportunities Fund (described under Q.59), the Aboriginal Human Resources Development Strategy and Agenda for Action with First Nations (described under Q.48) and the new employability initiatives for persons with disabilities (described under Q.27), as well as recent reforms to Canada's Employment Insurance system (described in Q.32) are all examples of targeted Government measures which are contributing to labour market participation and the fight against poverty.

As well, the Old Age Security program and the maturing of the Canada and Quebec Pension Plans have helped to significantly reduce poverty among Canadian seniors. Rates of low income among seniors have declined from 33.6% in 1980 to 18.9% in 1996, reflecting improvements in Canada's pension systems.

51. It has been reported that in Canada, close to one in four persons with disabilities lives below the poverty line. What are the steps taken by the federal, provincial and territorial government to remedy this situation?

In 1991, there were almost twice as many adults with disabilities living in poverty as there were adults without disabilities (21.9 compared to 12.6%) in Canada. This is a serious concern for all levels of government, and a variety of measures have been taken on various fronts. The Government of Canada has introduced tax measures in each of its recent budgets to reduce the additional costs of having a disability. Federal, provincial and territorial governments are working to make disability supports and services available to those who need them and to make them portable across the various stages of life - from home to school to work - in order to reduce duplication of costs.

Because persons with disabilities who have paid employment are less likely to have low income than those who are unemployed or out of the labour force, governments have put an emphasis on active employment measures as described in response to Q.27. In Unison recognizes that disincentives to work compromise the economic independence of persons with disabilities. It supports more flexible and client-focused income programs that support incentives to work. Many government initiatives, while working at eliminating disincentives to work and encouraging economic independence, will continue to provide financial assistance when labour market participation of persons with disabilities is interrupted or not possible.

52. What are the implications of removing civil legal aid from federal-provincial cost-sharing which was previously under CAP? Do restrictions on civil legal aid deny the right to benefit from effective remedies in the case of violation of their economic and social rights or result in a "hierarchy of rights" with respect to access to justice?

Civil legal aid was previously funded under the Canada Assistance Plan (CAP) as an item of special need and since 1996-97 forms part of the block-funded Canada Health and Social Transfer (CHST). The CHST provides provincial and territorial governments with greater flexibility to innovate and improve social programs. Administration of the programs, both civil and criminal legal aid, remains a provincial and territorial responsibility.

The Supreme Court of Canada will soon be considering whether s. 7 of the Charter guarantees a right to state-funded counsel in a non-criminal context. New Brunswick (Minister of Health and Community Services) v. J.G., which is scheduled for hearing this Fall, concerns the right of a parent to state-funded legal counsel to oppose a custody application by the Minister of Health and Community Services.

53. In 1993 the Government informed the Committee that section 7 of the Charter at least guaranteed that people are not to be deprived of basic necessities and may be interpreted to include rights under the Covenant, such as rights under article 11. Is that still the position of all governments in Canada?

The Supreme Court of Canada has stated that section 7 of the Charter may be interpreted to include the rights protected under the Covenant (see decision of Slaight Communications v. Davidson [1989] 1 S.C.R. 1038). The Supreme Court has also held section 7 as guaranteeing that people are not to be deprived of basic necessities (see decision of Irwin Toy v. A.-G. Québec, [1989] 1 S.C.R. 927). The Government of Canada is bound by these interpretations of section 7 of the Charter.

54. Does the Canadian government have any evidence of restrictions in access to health care for the poor? If so, what is the government doing to remedy this situation?

Canada has a publicly financed health care system that is best described as an interlocking set of ten provincial and two territorial health insurance plans, better known as "medicare". This system provides all residents of Canada with reasonable access to medically necessary hospital and physician services on a prepaid basis, and on uniform terms and conditions (patients are not required to pay at the time they receive medical attention). Under this universal system, rationing of health care services occurs on the basis of need, not financial means. As a result, waiting periods do exist for certain health care services. However, as reported in a recent study by the Manitoba Centre for Health Policy and Evaluation on waiting times for selected services in that province, waiting periods are fairly stable and not increasing. Rural residents do not wait longer for services than urban residents, women do not wait longer than men, and wealthy residents are not "bumped up" ahead of middle-or low income patients.

The Canada Health Act stipulates the criteria that provincial health insurance plans must meet in order for a province to The Canada Health Act stipulates the criteria that provincial health insurance plans must meet in order for a province to qualify for its full federal transfer payments. The five criteria are known as the "principles" of Canada's national health care system:

The health insurance plan of a province must be administered and operated on a non-profit basis by a public authority accountable to the provincial government.

The plan must insure all medically necessary services provided by hospitals and physicians. Insured hospital services include in-patient care at the ward level (unless private or semi-private rooms are medically necessary) and all necessary drugs, supplies and diagnostic tests, as well as a broad range of out-patient services. Chronic care services are also insured, although some payment in respect of accommodation costs may be required by patients who are more or less permanently resident in the institution.

The plan must entitle 100 percent of the insured population (i.e, eligible residents) to insured health services on uniform terms and conditions.

The plan must provide, on uniform terms and conditions, reasonable access to insured hospital and physician services without barriers. Additional charges to insured patients for insured services are not allowed. No one may be discriminated against on the basis of income, age, health status, etc.

Residents are entitled to coverage when they move to another province within Canada or when they travel within Canada or abroad. All provinces have some limits on coverage for services provided outside Canada, and may require prior approval for non-emergency out-of-province services.

Health Canada, as the federal department responsible for health, has also developed partnerships with provinces, territories, and key professional and grass-roots organizations to develop approaches to removing barriers to income support and non-insured medical services. Some examples of these approaches are: recognizing HIV/AIDS as a disability; improving coverage for food supplements and nutrition; improving outreach to marginalized persons and their families; and reviewing inequities between rural and urban services and services in different regions, including services to Aboriginal peoples.

55. The Committee understands that a high percentage of discharged psychiatric patients are ending up homeless. Please provide as accurate evidence as is available in relation to this problem and explain what is being done to address it.

Health Canada is not directly involved in issues dealing with the discharge of psychiatric patients. This is a matter dealt with primarily by provincial ministries of health, municipalities and hospitals.

56. Please provide any information available on the particular health problems of the homeless, including tuberculosis rates and identify any barriers faced by the homeless in getting access to appropriate health care.

Tuberculosis is an airborne infectious disease. Most individuals who are exposed to the bacteria that causes this disease and become infected do not go on to develop active infectious disease if they are in generally good health. Homeless individuals, however, are considered to be a high risk group for this disease. They are more likely to become exposed to this disease as a result of environmental conditions (e.g. overcrowding in shelters) and their general level of health and immunity is poorer (e.g. poor nutrition, other medical conditions), thus making them more likely to go on and develop active TB disease following infection compared to the general population.

Currently, no data are collected at the national level regarding TB cases among homeless individuals.

The total reported number of cases in Canada and the corresponding incidence rate per 100,000 over the past several years are as follows:

Year	No. of cases	Rate per 100,000
1990	1,997	7.2
1991	2,018	7.2
1992	2,108	7.4
1993	2,012	7.0
1994	2,074	7.1
1995	1,930	6.5
1996	1,849	6.2 (1996 figures due to be released publicly shortly)

57. To what extent is increased reliance on expensive drug therapy for HIV/AIDS and other illnesses eroding universal access to health care? Will programs such as pharmacare be introduced to cover drug costs?

There is no evidence that increased reliance on expensive drug therapy for HIV/AIDS is eroding universal access to health care. However, for the working poor without a drug plan, access to these drugs is limited. This increases the likelihood that they will need more care and treatment than those who have easier access to required drug therapies. As well, the expanding HIV epidemics and advent of rapid HIV testing have implications on the demand and access to drug therapies. Health Canada is considering these implications through collaborative efforts with the Federal Provincial Territorial Advisory Committee on HIV/AIDS and the Federal-Provincial-Territorial Committee on Pharmaceutical Issues.

Canadians' access to high cost drug therapies (e.g., for HIV/AIDS, Cancer, Multiple Sclerosis etc.), and the affordability of these drugs for public and private payers, are important issues facing Canada's health system.

The Canada Health Act (CHA) is the federal legislation which sets out the basic criteria and conditions that provincial and territorial health insurance plans must meet to qualify for federal transfer payments under the Canada Health and Social Transfer. Under the Act, provincial and territorial health insurance plans are required to provide their residents with medically necessary drugs received in the hospital free of charge. There is, however, no requirement for drugs received outside of hospitals.

Consequently, drugs outside of a hospital setting are financed by a combination of public and private payers, including federal, provincial and territorial governments (through pharmacare programs), private insurers (insurance companies, employers and unions), and individuals paying out-of-pocket.

The trend towards shorter hospital stays has resulted in a greater share of prescription drugs being financed outside of a hospital setting - effectively transferring drug costs from the institution to individuals. At the same time, the increasing role of drug therapy in health care (including increasing numbers of innovative, expensive drug therapies), and increasing spending on drugs (due to demographic, price and utilization factors) has placed pressure on public and private drug programs, and on individuals.

The National Forum on Health (1997) recommended establishing a single-payer, publicly financed system for pharmaceuticals. The federal government has since committed to "developing a national plan, timetable and a fiscal framework for providing Canadians with better access to medically necessary drugs" (Speech from the Throne, September 23, 1997).

The federal government's primary partner on any health issue, including pharmacare, is always the provinces and territories, given their jurisdiction in the delivery of health care. Health Canada is collaborating with provinces and territories to address important issues common to all of Canada's publicly financed drug programs, both through federal-provincial task forces and working groups, and by funding projects on pharmacare (one of four priority areas) under a $150 million Health Transition Fund. Consultations with the various other stakeholders will also be important.

How quickly the objective of national approaches to pharmacare can be achieved will depend on the availability of resources, the government's ability to fill the information gaps, and whether the federal government can reach agreement with provincial and territorial governments and other stakeholders.

58. What steps are being taken in Canada to ensure that charges in health service delivery do not adversely affect the most vulnerable groups in society?

The universality of Canada's health care system is the primary mechanism to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society. The federal health insurance legislation, the Canada Health Act (CHA), requires that medically necessary hospital and physician services be insured on a prepaid basis, and on uniform terms and conditions. The determination of medical necessity falls under provincial and territorial jurisdiction, as does the administration and delivery of health care services. Any service provided by a physician or in a hospital that is considered to be medically necessary in the treatment of disease or condition would be covered by provincial and territorial health insurance plans.

In addition to the provision of medically necessary hospital and physician services, provincial and territorial governments may also offer "additional benefits" at their own discretion. The decision whether to insure these additional services is made on the basis of population needs. One example of such services is prescription drug benefits.

In general terms, the combination of universal physician and hospital services and the additional benefits provided by the provinces and territories ensure that vulnerable groups in Canadian society are not denied access to quality care. Recent surveys on waits for a range of health care procedures, both urgent and non-urgent, demonstrate that there are not significant barriers to access.

However, there are always challenges related to the delivery of care. To meet these challenges, the federal, provincial and territorial governments continue to address a range of issues facing the health system. In 1997, federal, provincial and territorial Health Ministers established five working groups. One of which was to look at current difficulties in providing access to medical care in rural and remote areas.

Home and community care are already a vital and integral part of the health care system. In March 1998, the federal and provincial governments co-hosted a national conference on home care where delegates stressed the need to develop a common approach to home and community care.

Early FPT discussions are also underway on the development of selected system performance indicators which could be monitored both provincially and nationally to assess the quality of health services and help identify priorities for action to improve the overall care Canadians receive.

The increasing complexity of the HIV/AIDS epidemic in Canada is making it harder to care for individuals and support their caregivers. More and more, these individuals exist outside the mainstream of our society, socially, economically and culturally. Under the Canadian Strategy on HIV/AIDS, poverty, inadequate housing, poor nutrition and financial need are being addressed through a national framework on HIV/AIDS and Mental Health and through a variety of education, prevention, research and community development initiatives.

As well, the Strategy's focus on facilitating access to equitable, timely and affordable HIV treatments influences much of the work undertaken on this issue by Health Canada in collaboration with its many partners under the Strategy including provinces and territories, community groups, individuals living with HIV/AIDS and the research and medical communities.

From a non-governmental perspective, there are a number of health policy and anti-poverty organizations, as well as other advocacy groups dealing with specific health issues, that play a role in monitoring shifts in health care delivery as they affect the marginalized in Canada.

59. The Committee has received information that between 1990 and 1995 the average tuition fees for post-secondary education rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What the steps taken to ensure that post-secondary education remains equally accessible to all, regardless of income?

According to Statistics Canada, average undergraduate tuition fees in Canada have increased by 51.2% not 62%, in real terms, during the period 1990 to 1995.

Canadian post-secondary students, historically, have paid a small proportion of the total costs of their education. This proportion, it is true, has been increasing in recent years, from 18% in 1993-94 to an estimated 24% in 1996-97. The remainder of direct operating costs is funded primarily through provincial education budgets.

It is should be noted that tuition fees are regulated by provinces or set by individual post-secondary institutions within provincial guidelines. The federal government recognizes provincial jurisdiction in this area and will not dictate tuition fee policy to the provinces.

Accurate figures on total student debt loads for the period in question have not been complied nationally due to the lack of data for provincial student assistance programs. Many provinces are now providing loans under these programs rather than grants and the impact of these on student debt loads is not yet known. However, based on data for the federal portion of the Canada Student Loans the average student debt load has increased from $9,382.00 in 1989-90 to $13,561 in 1996-97. This represents an increase of approximately 45%.

The Government of Canada has long been committed to equitable access to quality post-secondary education. Historically, it has provided substantial transfer payments to the provinces for education. Currently, under the Canada Health and Social Transfer (CHST), it provides a minimum of $25 billion per year to the provinces for health, education and other valued programs. A significant portion of these funds are directed to post-secondary education.

As well, the federal government historically has provided assistance directly to post-secondary students. Many students qualify for loans or grants under the Canada Student Loans program, 40% of the funding for which is provided by the federal government, the remainder coming from provincial governments.

In addition, tuition fees are tax deductible in Canada and the average post-secondary student obtains a tax deduction amounting to approximately 25% of the cost of their fees. Students are also entitled to an education tax credit for each month in which they are enrolled in a post-secondary program. Both of these measures reduce the net costs to students of post-secondary education.

The Government of Canada recognizes that the recent increases in university tuition fees have increased the financial burden of obtaining a post-secondary education and has taken steps to reduce or eliminate financial barriers to post-secondary education. Among recent measures were the following.

Increase in contribution and lifetime limits for Registered Education Savings Plans;

Increase in internships and summer job placements provided through strengthening of Youth Employment Strategy.

Under the Canadian Opportunities Strategy, announced in this budget, a comprehensive set of measures were provided to ensure all Canadians have equitable access to post-secondary education. These included:

Financial Assistance to Students: Canadian Millennium Scholarship Foundation of an average $3,000 per year to over 100,000 students starting in 2000; Canada Study Grants of up to $3,000 per year to needy students with children or other dependents

Support for Advanced Research and Graduate Students: Increased funding to granting councils.

Helping students manage debt loads: Tax relief for interest on student loans; improvements to Canada Student Loans Program to help individuals facing financial difficulties.

Helping Canadians to upgrade their skills: Tax-free withdrawals from RRSPs for life-long learning; tax relief for part-time students.

Encouraging families to save for education through Canada Education Savings Grants (20% of contributions to RESP, up to maximum of $400 per year).

The government also directly supports First Nations and Inuit access to post-secondary education. Support for education at the post-secondary level is available to eligible Treaty and status Indians and Inuit through DIAND's Post-Secondary Education (PSE) Program. It provides assistance with the cost of tuition fees, books and travel and living allowances when applicable. The objective is to support the increased participation and success of Indian and Inuit students in recognized PSE courses of study. From 1990 to 1995, the PSE budget increased by 38.4% from $189 to $263 million and the number of students assisted rose from 21,300 to 26,305.

60. At paragraph 372 of the Report, the Government reports on the results of the International Adult Literacy Survey (IALS) conducted in 1994 in Canada. Almost half of Canadians would appear to lack the minimal literacy skills necessary for coping and managing in such basic activities as, for example, comprehending a bus schedule. Can the Government provide the Committee with an estimate of the number of Canadians who are currently receiving literacy training and describe any strategies that are being considered to deal with this problem?

Canada was a leader among OECD nations in the development and management of the IALS. This survey has enabled us to understand the complex nature of literacy skills and their impact on the social and economic well-being of individuals. Through the IALS we have learned that industrialized nations around the world face a serious literacy challenge.

While the IALS reveals that there are a significant number of Canadians with low levels of literacy, Canada's literacy levels are strong overall. Among the English speaking nations participating in the IALS, Canada has the highest proportion of individuals scoring above Level 2.

Through the National Literacy Secretariat (NLS), created in 1987, the Federal Government has the mandate to act as a catalyst for literacy in Canada. The NLS works in partnership with provinces, the private sector, and voluntary organizations to develop resources to ensure that Canadians have access to the literacy skills that are the prerequisites for participation in a modern information society. The Government respects the provinces' and territories' jurisdiction over education and their mandate to deliver literacy training to Canadians. The Federal Government has no role in the direct delivery of literacy programs.

Since its creation, the NLS has been key to ensuring that literacy remains on the public agenda through support for the development of learning materials, increasing public awareness, supporting research, and the co-ordination of information sharing. In the changing environment of the 1990's, the NLS has fine-tuned its efforts to meet new challenges. New initiatives, supported by increased funding received through the 1997 Federal budget ($7 million), are acting to: strengthen and encourage literacy in the workplace; encourage workers to sustain an interest in learning throughout their careers and beyond; support the development of essential skills by low-literacy parents through the encouragement of the literacy skills of their children; and, strengthen literacy support mechanisms.

Each province delivers literacy training differently and has its own way of measuring success. It would be extremely difficult to determine how many Canadians currently receive literacy training. An analysis of one province demonstrates the complexity of this task, while providing some indication of numbers. In 1994-95, the province of Alberta had approximately 5,000 adult learners in academic upgrading programs, 2,000 adult learners in 14 skills training or ESL programs, 734 adult welfare recipients in literacy programs in post secondary institutions, 3,055 adult learners in government sponsored volunteer literacy programs, and 235 learners in Community Consortia programs. These numbers do not include literacy programs in the prisons, seniors' homes, and in many non government-sponsored programs (e.g. YMCA).

Strategies to help improve the literacy skills of Canadians are varied. A main challenge is to ensure that all Canadians have the necessary skills to adapt to an emerging knowledge-based economy and society. Under its Human Development Agenda, the Government has chosen to target Canadians with low skills and wages and those directly affected by the consequences of multiple barriers. Implementation of these priorities takes into account the needs of all Canadians at every stage of life; children, youth, adults of working age and seniors. The development of a lifelong learning culture in Canada is key to realizing this Human Development Agenda. Canadians must be encouraged to develop the essential skills that are the foundation for lifelong learning. Without essential skills such as literacy, Canadians cannot take advantage of life's opportunities.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of Aboriginal people?

A number of initiatives have been undertaken in recent years. RCAP had a very broad mandate and undertook extensive research and consultations. The government's response, Gathering Strength, included a Statement of Reconciliation, which said in part:

"As Aboriginal and non-Aboriginal Canadians seek to move forward together in a process of renewal, it is essential that we deal with the legacies of the past affecting the Aboriginal peoples of Canada... Our purpose is not to rewrite history but, rather, to learn from our past and to find ways to deal with the negative impacts that certain historical decisions continue to have in our society today..."

Some programs provide financial assistance to Indian and Inuit groups to preserve, develop, promote and express their cultural heritage. For example, the Cultural/Educational Centres Program provides funds to two national associations and 77 Indian and Inuit centres.

National Aboriginal Day, the International Day of the World's Indigenous People and the National Aboriginal Achievement Awards (NAAA) are celebrated in Canada. They are intended to celebrate and raise public awareness of Aboriginal culture, contributions and achievements.

II. PROVINCIAL AND TERRITORIAL RESPONSES

BRITISH COLUMBIA

For an explanation of the provincial governments position in Eldridge v. A. G.B. C., 1 enclose a copy of the govemment's argument in the Supreme Court of Canada. The issues in the case were extraordinarily complex, and 1 do not believe that the nuanced approach of the Government of British Columbia can adequately be summarized in a paragraph or two.

The general position of the Province was that the medical services provided to the plaintift were adequate. We believed that the evidence demonstrated that while deaf people experienced frustrations in respect of communication with medical professionals, they did not receive inferior medical care. We also argued that the issue was appropriately one to be decided under Provincial Human Rights legislation rather than under the Charter. 1 would suggest that anyone wishing an "explanation" of the Province's argument read the Province's written argument as well as the decisions at all three levels of court.

7. Explain the position of the government of Manitoba in the Fernandes case (paragraph 63), of the government of British Columbia in the case of Brown v. British Columbia (paragraph 69) and of the government of Quebec in the Gosselin case, with particular referende to article 2 of the Covenant. Will these positions be changed in light of the decision of the Supreme Court in the Elridge case?

The nature of the Brown case is misrepresented in the Third Report of Canada. At paragraph 69 of the Report, it is stated that the Court held that 1he refusal of the provincial government to fund experimental drug therapy for AIDS patents did not breach s. 7, because the economic deprivation involved did not threaten the lives of AIDS patents; rather, it was their disease that did so ". The Brown case was not about a failure of the Province to fund an experimental therapy. The therapy was not experimental; the use of AZT to treat cases of 1ull-blown AIDW (as it was then referred to) was, by then, quite well-established. More importantly, the Province of British Columbia did provide funding for AZT treatment and the funding was fully consistent with its funding of all other medications except for those under exceptional programs (i.e., chemotherapy programs for cancer patients when provided through the Cancer Institute and anti-rejection drugs for transplant patents).

The section 7 issue in Brown was a very minor one. Section 7 sets limb on what governments can do when their actions may deprive a person of life, liberty or security of the person. It does not impose affirmative dudes on government to protect persons from all threats to their life, liberty or security of the person. The Province took the position in Brown that no governmental action threatened IM or security of the person, and the Court concurred with that position.

The major issues in Brown arose under s. 15 of the Charter (equality rights). The government argued that it was entitled to create extraordinary programs for particular medical situations (e.g., cancer, transplants) without being required to provide identical service levels in respect of all diseases. The Court accepted this proposition, and agreed that the Province had demonstrated that persons infected with HIV were not discriminated against by the placement of AZT under the general Pharmacare program.

The governments legal position in Brown has not been changed at all by Eldridge. The Supreme Court of Canada did not deal with any s. 7 Charterargument in EJdridge, and so the case does not touch the issue addressed at paragraph 69 of the Report In respect of s. 15, the Province's position is that Brown remains good law, and that the issue has not been affected by Eldridge.

In respect of the actual issue of AZT funding, there have been many changes since the Brown case. A centre for excellence was established at St. Paul's hospital in Vancouver, which resulted in the drug being available to most AIDS patents without charge. As well, other drugs have been marketed, resulting in more complex protocols for AIDS therapy- a situation similar to the situation which prevailed at the time of the Brown case in respect of chemotherapy for cancer patients.

Following a series of public consultations respecting the scope of coverage of the BC Human Rights Code conducted in fall of 1997, the BC Human Rights Commission issued a report entitled, Human Rights for the Next Millennium. The report, containing twelve recommendations for amendments to the Code, was submitted to the Minister Responsible for Human Rights in January 1998. The government is considering the report.

In the report the Commission recommended that the government amend the Code to include protection from discrimination based on social condition. The term social condition has been judicially interpreted to include people in receipt of social assistance, as well as single women and single mothers. The report specifically noted that such an amendment would be in keeping with the United Nations' 1 ntemational Covenant on Economic, Social and Cultural Rights.

In the event the government decided not to proceed with an amendment to add social condition as a prohibited ground of discrimination, the Commission recommended that the prohibition of discrimination on the basis of lawftil source of income be expanded from residential tenancy to all areas of provincial jurisdiction covered by the Code.

9. Please provide the Committee with information from each Human Rights Commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

There are no human rights cases reported from British Columbia which refer to the International Covenant on Economic, Social and Cultural Rights. However, specific reference to other UN and international human rights instruments have been made in a number of cases. The BC Human Rights Commission has just completed a strategic plan to fbcus its future activities on systemic discrimination. As part of this process, the need to further integrate various United Nations and other international instruments into the work of the Commission was identified. The Commission will, to the extent possible, refer to the Covenant and other international instruments, in its promotion of equality and its interpretation of the Code.

3. What is the opinion of federal, provincial and municipal governments as to the effect of current or proposed trade and investment agreements such as NAFTA, FTAA and the MAI on their ability to fulfill obligations under the Covenant and what processes have been put in place to review this question?

Alberta believes the Canada - U.S. Free-Trade Agreement and the NAFTA have not had any detrimental effect on the ability of the province to pursue and implement economic, social, or cultural policies it considers appropriate and necessary for the well-being of all Albertans. To the contrary, the Canada - U.S. FTA and NAFTA have provided substantial economic benefits to the provincial economy, resulting in better circumstances than would otherwise have been the case to pursue broader economic, social and cultural objectives.

With respect to the Free-Trade Agreement of the Americas and the Multilateral Agreement on Investment, as there are no agreements in place (they are currently being negotiated), there are no actual circumstances to evaluate as to their effect on the province. As is the case in the negotiation of all of Canada's international trade and investment agreements, the province participates fully to ensure that its interests and concerns are addressed

Alberta was the first province or territory in Canada to commit itself to the North American Agreement on Labour Cooperation (NAALC), a side agreement to the NAFTA. The NAALC requires signatories to effectively enforce its labour laws, outlines key labour principles in support of worker rights and promotes collaboration between all workplace stakeholders in creating highly productive, creative, fair and safe workplaces. This is one indicator of Alberta's recognition of the importance of meaningful labour standards in the economic growth of both the province and the country.

Alberta Labour regulations related to items outlined in the Covenant undergo periodic review and assessment. Within Alberta the following government organizations oversee the provisions outlined in the Covenant:

The Employment Standards Code and Regulations (last revised March 1, 1997) describes the minimum rights and obligations of employers and employees in areas including payment of wages, hours of work and overtime pay, vacations and vacations pay, general holidays and general holiday pay, termination of employment and parental benefits. Also included within the Employment Standards Code are provisions for maternity and adoption leave, the employment of adolescents and young people, and the employment of farm labourers and domestics.

The Occupational health and Safety Act and Regulations establishes the responsibilities and duties of employers and employees to protect workers' health and safety. It promotes health and safety in the work place by providing information to employers and workers, and promotes compliance through the ability to conduct inspections, investigate incidents and complaints. Operationally Workplace Health and Safety train and certify auditors, and work with industry, institutions and government to reduce injury and Workers' Compensations Board claims.

An independent body responsible to the Minister of Labour which hears appeals on Orders issued by Occupational health and Safety Officers and advises the Minister on matters concerning the Occupational Health and Safety Act and on matters pertaining to the health and safety of Alberta workers.

The Labour Relations Code (Code) guarantees the right to collective bargaining and establishes a framework for bargaining relationships between employers and employees. The Labour Relations Board is a quasi-judicial body responsible for providing fair, impartial and efficient resolution to matters related to the interpretation and application of the Code. The Board processes applications regarding application of the Code, conducts hearings and assists parties in resolving disputes.

Human rights legislation is constantly evolving. Other protections are added as they become necessary. As an example, a recent review of the Alberta human rights legislation resulted in "source of income" being included as a protected ground.

9. Please provide to the Committee with information from each Human Rights Commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

10. Please provide an estimate of the percentage of human rights complaints filed with each Human Rights Commission in Canada which are adjudicated and explain how this is consistent with the Committee's General Comment No. 3 para 5. Can the Government of Quebec explain how its system is different and provide an estimate of the percentage of human rights complaints in Quebec that are not dismissed?

Fewer than 1% of the cases before the Alberta Human Rights and Citizenship Commission are adjudicated by a panel. The focus of the Commission is one of mediation and education.

Alberta's temporary work experience programs for welfare recipients (sometimes inappropriately referred to as "workfare" programs) are not considered to contravene the Covenant. These programs represent one of many options welfare recipients can chose from to assist them in moving from welfare dependency to independence. In that way, they are supportive of article 6 of the charter, as they provide the opportunity to work, which may not otherwise be available to an individual.

Alberta's programs are not based on the notion that recipients have to work in order to get welfare, but on the notion that recipients have to undertake efforts to become independent of state support to the extent of their abilities. Welfare recipients who participate in one of the temporary work experience programs receive wages (and not welfare benefits) as any other working person. In many cases, such work income is supplemented by welfare to meet family needs.

Alberta Human Rights legislation has already been amended to include "source of income" as a prohibited ground of discrimination.

Access by non-nationals and their children to some social programs may be restricted. However, with respect to social services, once non-nationals obtain an established right to stay in Canada, access to services such as social assistance, child welfare, day-care subsidy and so on is not different from that accorded to children of Canadians.

In Alberta, social assistance rates or entitlements have not been affected by the move from CAP to the CHST. Since April 1995, only minor adjustments have occurred to social assistance in Alberta. Any observable and measured changes in the extent or depth or poverty would not have been as a result of the move from CAP to the CHST (and related changes to Alberta's social services programs). The only direct reduction in Alberta program funding as a result of the elimination of CAP was in how municipalities were funded through the Family and Community Support Services program. This affected some day-care programming in particular.

There have been no discussions by the Ministerial Council on Social Policy Renewal nor by social Services Ministers on restoring the legal enforceability of the right to adequate financial assistance. Even under CAP, although there was a right to adequate assistance, "adequacy" was defined within each province and CAP provided no means of legal enforcement of a particular level of benefits. Any right to adequate assistance is contained within the legislative parameters of each province.

The Council is however developing a "Framework Agreement for the Social union". If approved, this agreement may contain principles ensuring assistance to people in need, which would then be used by each province to guide the development of their social services programs.

21. Describe any monitoring procedures established by governments as well as non-governmental agencies to measure the effect of the 40% ($6 Billion) cut in the amount of cash transferred by the Federal Government for social assistance, health and post-secondary education between April 1995 and the end of fiscal year 1999-2000. What common effects have become evident throughout Canada?

Provincial Finance Ministers have identified effects of the federal cuts on social transfers. No specific procedures have been established in social services. Alberta has not seen a need to reduce provincial social services expenditures as a result of the reduction in federal transfers.

22. Did the previous cost-sharing of all social assistance costs and specific social programs for vulnerable groups mean that in times of greater need or in regions of greater needs, the Federal Government contributed more? Please provide information on the types of services which are no longer 50:50 cost shared, report on any reductions in those services since 1995 and provide information about the effects of any changes on vulnerable groups.

When the Federal Government reduced its share of the social housing program expenditures, the Alberta government responded with a number of initiatives designed to improve the efficiency and management of the housing portfolio. In response to a growing shortage of subsidized housing in many communities, the Alberta government also provided additional funding through the Provincial Unilateral Rent Supplement Program which was introduced in 1997 to assist household in greatest need.

When established in the 1960's the 50:50 cost-sharing formula under the Canada Assistance Plan did provide possibilities to receive greater contributions form the Federal Government in periods of greater need. However, the same formula also worked against this, since the Province had to come up with its share in a time when it could ill afford to do so.

Alberta has traditionally made programming decisions in social services based upon an assessment within the province as to whether the program or expenditure was required, irrespective of a federal contribution. In retrospect, this appears to have been prudent, especially when the cap on CAP was imposed on the three "have" provinces in the mid-eighties.

24. Please provide information on any provinces which require participation in "workfare" or similar programs and describe the appeal procedures in place with respect to any disentitlement from basis necessities on this ground. Are these programs applied to single parents, and if so, what exceptions apply? Is the Committee correct to assume that these programs would have been illegal under CAP?

Alberta expects from social assistance recipients that they make every effort to become independent from welfare. This general expectation was inherent under CAP and has not fundamentally changed. One of the options for clients is to enter into temporary work experience programs, which were introduced when CAP was still in existence. These programs are in spirit and technically not work for welfare programs as participants receive regular wages, which may be sufficient to keep them off welfare. Earnings received from these programs by recipients are treated the same way as other earnings.

Some client groups are exempted from an expectation to find and seek employment or training, for example: those who temporarily ill; the care-giving parent of an infant up to the age of 6 months or a disabled child; persons with severe disabilities. Although temporarily exempt, these individuals are supported to start the planning process towards employment

Disentitlements from welfare benefits as a result of a lack of effort by a client to gain independence are appealable to an independent tribunal. The appeal procedures have not changed with the placement of CAP with the CHST.

Persons with disabilities in Alberta are supported through a variety of programs which help them to prepare for and retain employment. These programs are offered by Human Resources Development Canada, as well as a variety of provincial government departments: Advanced Education and Career Development, Family and Social Services, Alberta Health and AADAC. Many of these programs will be renewed and enhanced under recently signed Employability Assistance for Disabled Persons Agreement.

Persons with severe disabilities receiving AISH benefits will be further supported through new provincial initiatives.

28. Please provide information as to the minimum wage rate in various provinces and territories and any changes in its real value over the last few years. Please indicate how the income from a full time job at minimum wage compares with the poverty line. What do the federal and provincial governments intend to do to ensure that minimum wages are adequate?

The minimum wage in Alberta was set at $5.00 per hour on April 1, 1992. In January 1998 an extensive public consultation process was undertaken with respect to various aspects of the minimum wage. On June 19, 1998 the Alberta government announced that the minimum wage would be increased to $5.90 by April 1, 1999 in three stages. This represents an increase of 18%. Since 1992, the Consumer Price Index for Alberta has increased by 10% and the Gross Domestic Product in the province has increased by 19%. It is the position of the Alberta government that this increase brings the minimum wage in line with standards of adequacy. There are no government studies that address the relationship of the minimum wage to the poverty line.

29. Please provide information as to the transformation of women's work to more precarious forms (part-time, homework, etc.) and the economic consequences of these changes on the poverty of women, particularly young single women with dependent children.

Economic and employment issues are at the core of many issues affecting women. As of July 1998, the total number of women in the Alberta labour force was 683,000 (an increase of 31,000 in one year). This is a labour participation rate of 65.4%, up from 62.6% in 1994.

Of the 683,000 women working for pay in Alberta, 72.8% were employed full-time and 27.2% were employed part-time. The percentage of women working full-time in Alberta has steadily increased, while the percentage employed part-time has decreased. In January 1997, there were 624,000 women in the Alberta labour force, of which 66.8% were employed full-time and 33.2% were employed part-time.

The Alberta Government offers many initiatives aimed at helping women participate in the workforce. For example, career development programs offered by the government to promote women as entrepreneurs are paying off. Women now make up approximately one-third of Alberta's self-employed workforce, up from one-quarter ten years ago.

The Alberta Government is also working on a human resources strategy that will strive to ensure that all Albertans are given every opportunity to be fully participating members of the provincial workforce.

31. Please provide information regarding the rights of farm workers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. Is there any justification for denying these workers collective bargaining rights accorded to other workers?

There has not been any changes in Alberta's labour legislation regarding the rights of farm workers and domestic workers to organize and bargain collectively. Alberta excludes primary agriculture farm workers and privately-employed domestics from coverage under our labour relations legislation. Having said this, there are no provisions in our labour legislation that would specifically prohibit any of these groups from participating in some form of voluntary negotiation with organizations or employers they may perform services for. Such negotiations would not occur under our labour laws, and we do not believe there to be any other processes to compel an employer to voluntarily recognize the group for negotiation purposes.

35. Are there any provinces in Canada in which a person in need of financial assistance may have such assistance discontinued without a hearing or be denied interim assistance for basic necessities pending a hearing before an impartial adjudicator? Please provide information as to any cases in which this issue has been considered by the court and the positions taken by responding governments in those cases.

Individuals in social housing in Alberta have recourse, should they wish to exercise it, under governing legislation. If recourse is taken, individuals would not be denied interim assistance such as housing, pending an official hearing. Alberta Municipal Affairs is not aware of any cases that may have been considered by the courts.

In Alberta, an appeal process is quickly available to clients requesting social assistance or those whose assistance has been discontinued. Interim assistance while an appeal is pending is generally not provided.

36. Please estimate what it costs on average to meet the special needs arising from pregnancy and caring and providing for a new born, including special dietary needs, etc. Are these special needs provided for in social assistance rates for pregnant women? Please provide information about any changes in those benefits.

Special social assistance benefits may be provided to expectant mothers in their last trimester, as needed including special dietary needs. A natal allowance ($350 for first child and $125 for each subsequent child) is available to social assistance recipients in Alberta.

37. The Committee has received information that food bank use has continued to increase in Canada and has approximately doubled over the last ten years. Can the Government explain why the number and use of food banks has continued to increase? Does the Government consider the need for food banks in so affluent a country as Canada consistent with article 11 of the Covenant?

Food bank usage supplements tight budgets on social assistance or other low income, but it does not necessarily reflect a lack of funds available for food. Social assistance benefits for food are considered adequate to meet basic needs. Access to food banks allows low-income Albertans to stretch their resources for other purposes. Food banks are a valuable contribution, but not a necessity. Furthermore, the advocacy and community integration role they play has to be appreciated.

38. Please provide information as to the number of people paying more than their shelter allowance for housing and indicate whether paying for housing out of money need for food may lead to hunger in these households.

"Shelter allowance" is provided by Alberta Family and Social Services. Alberta Municipal Affairs provides social housing accommodation and charges rent based on income. Alberta Family and Social Services provides shelter allowances which individuals then use to pay for accommodation in the private market. Alberta Municipal Affairs is not aware of consequences such as those mentioned.

In Alberta, out of the 33,000 cases on social assistance in a given month, approximately two thirds claim that their housing costs are higher than what the shelter allowance provides for. In many instances, the costs of housing reflect a deliberate choice by the client to select a higher standard of accommodation than provided for under the social assistance program which only covers basic needs. A prime example is the allowance provided for single employable clients, which assumes that recipients will share accommodation rather than occupying an apartment alone.

39. What proportion of children who use food banks go hungry and how often do parents go hungry?

Alberta's social protection system is considered to be sufficient to prevent hunger and reliance on food banks. Social assistance rates for food are considered adequate for basic needs. Parents also have access to the Canada Child Tax Benefit, the Alberta Family Employment Tax Credit, the Alberta Child Health benefit, subsidized day care and subsidized housing to assist with the costs of raising a child. Together, these resources should be sufficient so that families do not need to access food banks to provide for their children.

The Alberta support system is based on a strong belief of individual independence and freedom. This belief includes the notion that the individual knows best how to manage his or her affairs and is capable of managing with limited resources. This notion however may fail with a small segment of the population, leading to mismanagement, hunger and so on.

41. Please provide any available data on the extent of homelessness in various cities in Canada. At what point would the government consider homelessness in Canada to constitute a national emergency?

Within Alberta, homelessness is considered to be an issue primarily in Calgary, and strategies are under development between the government and community to deal with it.

A survey conducted by private sources (advocacy groups) in Calgary estimated homelessness in Calgary. They estimated that anywhere between 100 and 1,000 individuals could be considered homeless, among a population of well over 800,00. In many instances, the homelessness encountered reflects more a 'hard to house' issue rather than availability, in terms of hostels and emergency shelters not meeting the expectations of those in need of shelter.

42. Please provide information on any disparities between Aboriginal housing and other housing with respect to piped water, flush toilets, need for repairs and other indicators of adequacy.

Intergovernmental and Aboriginal Affairs does not maintain a data base regarding the state of housing occupied by Aboriginal people.

The Alberta government does not have any housing programs that are specifically targeted to Aboriginal people. However, a large percentage of clients in rural housing programs are Aboriginal, as these programs are targeted to northern and remote communities. In the past, social housing needs in these areas was provided according to local needs. The Alberta government continues to try to meet the needs of low income families in these communities.

44. According to information provided to the Committee from Statistics Canada, the percentage of government expenditure on housing has declined since 1993. There has been extensive media coverage of a growing crisis of homelessness in Toronto, Vancouver and elsewhere, emphasizing primarily charity-based efforts to address the problems Is the Government applying the "maximum of available resources" to eliminating homelessness and does it agree that guaranteeing the right to housing is a core responsibility of governments and a matter of the highest priority?

The Alberta government has responded to the homeless issue by providing additional shelter spaces and support. It should be noted that with the federal funding cutbacks, there is a limit as to how much the Alberta government can do alone to eliminate homelessness. The increased homelessness in Calgary is mainly due to people moving into the city from other provinces looking for jobs. Like any city going through an economic boom, Calgary's housing market needs time to adjust to the housing shortage situation.

48. According to the 1996 Report of the National Council of Welfare (Poverty Profile 1996), 91.3% of families led by single-parent mothers under 25 live below the level of poverty. Child poverty is at a 17 year high of 20.9% meaning that nearly 1.5 million children live in poverty in Canada. Although the last recession ended in 1991, poverty rates have risen steadily since then. Please provide to the Committee the most up-to-date information on single parents, children, people with disabilities and Aboriginal people and explain how this unacceptable situation has been allowed to occur?

The Government of Alberta does not agree with using Statistic Canada's Low-Income Cut-offs as poverty lines, as the National Council of Welfare does. There are serious and substantial issues with the definition of poverty and the measurement, which make the findings very suspect. It is most likely that the income lines used overstate the incidence of poverty, with an increasing error over time.

We nevertheless acknowledge that a focus on reducing child poverty is required. Alberta is an active partner in the new National Child Benefit which has as its explicit objective reducing the depth of child poverty across Canada. As a result of the NCB, low-income working families in Alberta will get higher cash benefits through the Canada Child Tax benefit, as well as better coverage for their children's health and day care needs.

50. What measures did the federal and provincial governments take to follow up on the recommendations of the Committee in 1993 to reduce the gap between welfare rates and the poverty line? Has this gap been reduced? If not, what is the explanation for the government's failure to address this pressing need during a time of relative economic prosperity?

In part, again, the use of Statistics Canada's Low Income Cut-offs as a poverty line is highly questionable. If a more appropriate measurement of poverty had been used, the gap - if any- might not have changed. Alberta also believes that addressing poverty through passive welfare assistance is an inadequate response. Poverty needs to be approached by providing opportunities for training, work experience, and employment for those who can work. State support for those not able to work ( such as seniors, children, persons with disabilities) has steadily increased, even in times when the government's fiscal situation was precarious.

51. It has been reported that in Canada, close to one in four persons with disabilities lives below the poverty line. What are the steps taken be the federal, provincial and territorial governments to remedy this situation?

The reports hinge on an appropriate definition and measurement of poverty as well as an acceptable identification of persons with disabilities. Government support in terms of straight income transfers for Albertans with severe disabilities is one of the highest in the country, through the Assured Income for the Severely Handicapped Program

For people with some disabling conditions that do not prevent them from working, the emphasis of government support in Alberta is on labour force participation and independence rather than passive income support. This emphasis may lead to a mix of in-kind support (e.g. training) and income support or working income that results in more income for the lower-income categories, but provides the advantage of active participation, usefulness and hope.

53. In 1993 the Government informed the committee that section 7 of the Charter at least guaranteed that people are not to be deprived of basic necessities and may be interpreted to include rights under the Covenant, such as rights under article 11. Is that still the position of all governments in Canada?

54. Does the Canadian government have any evidence of restrictions in access to health care for the poor? If so, what is the government doing to remedy the situation?

Under the Canada health Act, all medically necessary hospital and medical services must be insured and provided according to the five principles given in the federal section.

In Alberta, the premium subsidy and Premium Waiver Programs are available to assist lower-income Albertans having difficulty paying all or a portion of their health-care premiums. As well, the Extended health Benefits plan helps seniors pay for eyeglasses and some dental services. It covers Alberta residents 65 years of age and over and their spouses and dependents.

55. The Committee understands that a high percentage if discharged psychiatric patients are ending up homeless. Please provide as accurate evidence as is available in relation to this problem and explain what is being doe to address it.

There is no accurate evidence in Alberta that shows that discharged psychiatric patients are ending up homeless. Significant correlations between the changes in homeless populations and the rate of deinstitutionalisation have not been established.

One of the changes in the delivery of mental health services is a decline in the number of individuals housed in large psychiatric hospitals. This is related partly to advancements in medical knowledge and interventions, such as the development of psychotropic drugs that allow persons with mental illnesses to manage their conditions and lead more normal lives within the community.

This change is also partly related to human rights, and the change in philosophy that allows individuals with mental illnesses to have the opportunity to lead a more normal life.

In Alberta, we recognize that providing care and support to the mentally ill is challenging as some may not be in a position effectively to advocate on their own behalf. The Provincial Mental Health Advisory Board (PMHAB) was established to respond more effectively to their needs. Part of its mandate is to ensure that there are effective supports in the community despite pressure on the hospital system.

The PMHAB funds an approved home program, as well as group homes that allow the mentally ill to live in a more normal community setting. Alberta health recently increased funding to the PMHAB.

Particular health problems of the homeless may include mental conditions, specifically depression and anxiety disorders, physical health problems related to alcohol or substance abuse, especially intravenous drug use, lack of safe sex practices, inadequate diet, and physical injury. Data on the incidence of tuberculosis in the homeless population within Alberta are unavailable at this time.

Barriers to receiving medical care among the homeless include: refusal to accept care; lack of knowledge of where to go for medical and support services; lack of transportation; lack of knowledge about key health risks such as hepatitis, safe use of needles for IV drug use, venereal diseases, substance abuse, smoking and safe sex practices; and financial difficulties in obtaining needed medications.

Within Alberta, there are a number of community-based health clinics which provide health and medical services to homeless persons, as well as information about health risks.

The emergence and reliance on new high cost drugs to treat HIV/AIDS and other illnesses will not erode universal access to health care in Alberta. Drugs for HIV/AIDS are provided through the regional health authorities in Edmonton and Calgary as part of the Province-Wide Services Program. Recently, significant additional funding was provided to this Program. HIV/AIDS drugs are available to all Albertans with assessed medical need, at no charge.

Some provinces now have pharmacare plans in place. These differ from the medically necessary services that must be provided under the Canada Health Act. Although there are large differences in plan features among provinces. they all have some common elements, including coverage for vulnerable groups such as seniors and recipients of social assistance.

Together with the federal government, provinces and territories are considering the issue of access by Canadians to prescription drug coverage. A report on their findings is expected in March 1999. Before a national pharmacare plan can be developed however, a number of key issues must be addressed, such as costs, role of private insurers, the need for information systems, and access.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

Within Alberta, an array of health programs and services are targeted to assist vulnerable groups, including the Extended health Benefits program for Seniors, the Premium Subsidy and Waiver Programs for lower-income Albertans, the Aids to Daily Living Program for persons with disabilities or chronic health conditions. Alberta Health works with the federal government to fund and deliver the Child health Benefit Plan and Community Action Programs for Children the Teen Tobacco Reduction Project, the Canada Prenatal Nutrition Program, and the TB Management Program on Alberta First Nation Reserves. There is an Aboriginal health Strategy for Alberta health which encourages partnerships among Aboriginal communities and health providers to improve the cultural appropriateness of health services, increase access to health services by Aboriginal people and increase the number of Aboriginal people working throughout the health system.

59. The Committee has received information that between 1990 and 1995 the average tuition fees for post-secondary education rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What are the steps taken to ensure that post-secondary education remains equally accessible to all, regardless of income?

While average tuition fees increased in real terms by more than 60% during 1990-1995, average student graduate debt increased by less than 30%, in real terms, over the same period. The following steps have been taken by Alberta to ensure that post-secondary education remains accessible to all.

- Tuition fees at public post-secondary institutions have been capped to a maximum of 30% of net operating expenditures;

- Annual average tuition fee increases are limited to $215.50 (adjusted by consumer price index);

Alberta has approximately 6,000 adults in community-based and institutional-based basic literacy programs (1996-97). A 44% increase in funding has been provided to Volunteer Tutor Adult Literacy programs. This increase will provide literacy programs in additional 15 to 20 communities and increase the number of adults participating in rural programs by 20%.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of Aboriginal people?

Intergovernmental and Aboriginal Affairs provides grants to Aboriginal organizations to support cultural events like pow-wows. Grants are also provided to organizations such as friendship centres which, in part, act to increase cross-cultural awareness.

63. The minimum wage in Alberta is the lowest in Canada. What measures will the Alberta government take in order to bring it in line with standards of adequacy?

While the current minimum wage in Alberta is nominally the lowest among Canadian jurisdictions, when taxation levels are considered, Alberta currently ranks 7th out of 10 provincial jurisdictions. The scheduled changes will raise the ranking of Alberta to 4th, both nominally and when taxes are taken into account.

As yet, there has been no conflict evident between Saskatchewan's human rights obligations and the trade and investment agreements mentioned in the question. While there is no formal process in place, there is considerable consultation between officials responsible for trade and those responsible for human rights policy.

The views of the Saskatchewan Human Rights Commission can be obtained by contacting:

Ms. Donna Scott
Chief Commissioner and Director
Saskatchewan Human Rights Commission
8th Floor, Sturdy Stone Building
122 - 3rd Avenue North
Saskatoon, Saskatchewan
S7K 2H6

9. Please provide to the Committee with information from each Human Rights Commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

Very few complaints brought to the Saskatchewan Human Rights Commission are "adjudicated" in the sense that they are subject to a formal hearing before a Board of Inquiry. Historically, only about 4% of complaints reach this stage. The vast majority of complaints that are not dismissed or withdrawn, are settled either by way of a early resolution-mediation process, prior to investigation, or by negotiation following an investigation. Excerpts from the 1996-97 Annual Report of the Saskatchewan Human Rights Commission are attached (Appendix 1).

In 1993, The Saskatchewan Human Rights Code was amended to add "receipt of public assistance" as a prohibited ground of discrimination. The Commission has not publicly disclosed any official position on whether "social condition" should be added.

No. Social assistance rates have not changed as a result of the repeal of the Canada Assistance Plan Act.

31. Please provide information regarding the rights of farm workers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. Is there any justification for denying these workers collective bargaining rights accorded to other workers?

In Saskatchewan, The Trade Union Act does not exclude farm workers or domestic workers.

If for any reason a person receiving social assistance is determined to be ineligible, there is a right to appeal that determination. The first appeal is to a local appeal committee. A further appeal lies to the Social Services Appeal Board. Interim assistance is available pending the outcome of those appeals, but it is not automatic - there is an element of discretion involved. If, for example, there is a "budget surplus" (i.e., more income than the amount of the basic allowance); or where non-exempt assets are readily available; or where the recipient is a university student, interim assistance can be denied.

A pregnant woman receives $41.50 monthly over and above other entitlements. Once the child is born, the mother receives an additional $47.25 per month. These special allowances are intended to cover the increased nutritional needs of women during pregnancy and lactation. During pregnancy, a women recipient is entitled to a special clothing allowance of $150.00.

When the baby is brought home, there is a $110.00 one-time grant for settlement. Prior to the National Child Benefit Program being instituted, the child received the same basic allowance as an individual adult. Once the child is home, the shelter rate goes from a maximum of $210.00 to $385.00 per month. Details on social assistance rates is contained in Appendix 2.

Saskatchewan does not have reliable information on the number of recipients paying more for housing than their shelter allowance.

40 . Explain how school food programs fir into federal and provincial strategies to address hunger and how the government intends to ensure that the dignity of children and their parents is respected in those programs.

It is up to individual Boards of Education to decide whether they wish to offer a lunch program in some or all of their schools. Presumably, such a program could be offered in conjunction with a local community agency.

There are a number of schools, primarily in urban school divisions, which are designated by the Department of Education as "community schools" and which receive special additional funding. One program element in these schools is often some type of lunch program.

The Saskatchewan Department of Social Services supplements the basic allowance for disabled recipients of social assistance to cover a variety of special needs. Details are provided in the chart attached as Appendix 3.

There have been no changes to the civil law services provided by the Saskatchewan Legal Aid Commission as a result of the new cost-sharing arrangements.

The Saskatchewan government has no official position on whether section 7 of the Charter can be interpreted to protect rights under the Covenant. The Department of Justice responds to section 7 claims on a case-by-case basis.

Saskatchewan would refer to paragraph 729 of the Third Report on a Covenant, which contains information pertaining to the availability of the Saskatchewan Drug Plan.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

Saskatchewan's submission to the Third Report contains a detailed section on the provision of health care.

59. The Committee has received information that between 1990 and 1995 the average tuition fees for post-secondary education rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What are the steps taken to ensure that post-secondary education remains equally accessible to all, regardless of income?

Changes made to the Saskatchewan Student Assistance Program in 1998-99 have promoted equal accessibility to post-secondary education by addressing the issues of adequacy of assistance and debt load. Recognizing that students with dependent children require higher levels of assistance to cover the living costs of their families as well as themselves during periods of study, the maximum assistance levels for students with dependent children is increased to $400 per week of study. The maximum assistance levels for students without dependent children remain at $275 per week of study for regular students and $385 for week of study for some disadvantaged groups (non status Indians and Metis, northerners). At the same time, Saskatchewan introduced new debt reduction benefits (Saskatchewan Student Bursary and the Saskatchewan Study Grant, along with a new federal Canada Study Grant) that will result in a maximum debt load of $180 per week of study for all students for the first 170 weeks of study (5 university academic years).

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of Aboriginal people?

People of Aboriginal ancestry account for a significant and increasing portion of the Saskatchewan population. Given the importance of Aboriginal people to the well-being of Saskatchewan as a whole, much of the Saskatchewan government's public policy is directed towards extending knowledge of and respect for the culture of Aboriginal people and involving Aboriginal communities in that task. Saskatchewan would refer the committee to paragraphs 774, 775, 776, 780, 782 and 783 of the Third Report on the Covenant for more detailed information. In addition, Saskatchewan's contributions to Canada's reports on the Convention on the Elimination of all Forms of Racial Discrimination are devoted, in a large measure, to outlining programs, policy and legislation specific to the presence in Saskatchewan of a significant Aboriginal population.

64. Can the government explain if the provincial social assistance rate has contributed to the increased reliance on food banks considering that the rate had remained very low in the last decade.

Saskatchewan is unaware of any information that suggests that increasing welfare rates would diminish food bank use.

MANITOBA

There is no discernible effect of current or proposed trade and investment agreements such as NAFTA, etc., on Manitoba's ability to meet its human rights obligations under the Covenant or otherwise.

7 Explain the position of the government of Manitoba in the Fernandes case (. . . ) with particular reference to article 2 of the Covenant. Will these positions be changed in light of the decision of the Supreme Court in the Eldridge Case?

Manitoba's position in the Fernandes case is set out in its factum opposing the applicant's leave to appeal to the Supreme Court. A copy of that document is attached. The Eldridge case is not seen as affecting that position.

The views of the Manitoba Human Rights Commission can be obtained by contacting:

Ms. Dianna Scarth
Executive Director
Manitoba Human Rights Commission
301 - 259 Portage Avenue
Winnipeg, Manitoba
R3B 2A9

It should be noted that social and economic rights are addressed to some degree in Manitoba in that one of the enumerated grounds under the Human Rights Code is "source of income". This has been used primarily to protect social assistance recipients from unfair treatment in housing and other services (see also question 14).

Only a relatively small proportion of complaints filed with the Manitoba Human Rights Commission end up going to a Board of Adjudication. Most of those which are not dismissed or withdrawn are settled through early resolution or by negotiation following investigation, including up to time of adjudication, itself. Remedies on settlement can include a wide variety of things, depending upon the specific factual circumstances: eg. an apology, reinstatement, pecuniary damages, policy changes, etc.

The Manitoba Human Rights Commission has been experimenting with a form of pre-complaint resolution which permits mediation, if both parties are willing, even before a complaint is formally filed and without any ruling on the merits. Initial reactions from both complainants and respondents is extremely positive.

To the extent that social condition is intended to deal with problems encountered by the poor in our society, the Manitoba Human Rights legislation already provides protections against unreasonable discrimination based upon "source of income". In the former Human Rights Act, this was a protected category only with respect to housing, but when the Human Rights Code was enacted in 1987, "source of income" was included as a protected category with respect to all activities which are subject to the Code. An example of the application of the Code in such a situation is Spence v. Kolstar Properties Inc., 7 C.H.R.R. D/3593 (attached).

There were some cuts in social assistance rates in 1996 because of the loss of federal cost sharing. This amounted to approximately 2% in the case of single parents, 10% in the case of employable adults and childless couples, and in addition, eligibility for provincial tax credits was eliminated for welfare recipients.

Manitoba's Labour Relations Act makes no exemption with respect to domestic workers or farm workers, so both have the right to organize and bargain collectively. There are some exemptions in this area with respect to employment standards legislation, but those are currently under review.

In Manitoba, everyone has a right to appeal a decision with respect to social assistance. The social assistance may be terminated prior to the appeal, but the Director has discretion to provide assistance in the interim. (The discretion relates to situations where the applicants has no other resources available to them).

Manitoba does make special provision for pregnant mothers. As well, there are additional benefits during the first year following birth, eg. to meet formula costs, etc. (This additional benefit has just recently been introduced).

Manitoba has adopted no such official position with respect to section 7, and examines each claim individually.

Adult Literacy and Continuing Education is a unit with the Employment and Training Services (ETS) Branch and provides service province-wide through Community-based adult literacy programs and Basic Education in the workplace programs. Approximately 2,400 adults are served annually. Participants range from employed individuals, to those on income assistance.

The primary purpose of programming is to enhance individual and community empowerment, and to assist individuals to develop skills required for economic independence. Partnerships are facilitated that encourage individual, workplace and community literacy investment and ownership in lifelong learning and training initiatives.

Adult literacy is seen as the cornerstone of all adult training programs in the Department of Education and Training. In addition to grants provided to community-based groups, portions of other ETS programming resources provide for the integration of literacy components into other training initiatives, with the recognition of the importance of literacy skills in the development of essential employment skills.

65. In May 1996, social assistance rates in Manitoba were cut by 10% in the case of singles and couples without children. Can the government explain which guarantees it has that these specific cuts will not deprive recipients of an adequate income?

It is unclear what is meant by the term "guarantees". Manitoba is of the view that when its rates are compared nationally, it compares favourably (even after the reductions referred to). That is, in some cases Manitoba is in the mid-to-upper range in terms of rates, and one must be mindful of the context : Manitoba is second lowest in terms of cost of living.

When Plaintiffs invoked their rights under the Covenant to interpret Charter rights in Masse v. The Attorney General of Ontario, Clarke v. Peterborough Utilities Commission, and Falkiner v. Attorney General of Ontario, the position of the Ontario government was that the Province has complied with its international obligations with respect to the necessities of life and shelter, and that there has been no violation of any international conventions.

In any event, while international human rights conventions may assist in the interpretation of the content of Charter rights and freedoms where there is ambiguity, the fact that a right is protected under international law does not mean that it is protected under the Charter. Moreover, international obligations may be complied with on a statutory basis, but where they have not been specifically incorporated into domestic law, Canadian courts are not bound to enforce them.

5. Does the Government agree that repealing protective legislation without replacing it would be inconsistent with article 2 of the Covenant? Provide details as to how governments have dealt with this issue under the Charter, and explain what the government's position was in Ferrel v. Attorney General of Ontario and Dunmore v. Ontario.

The Government of Ontario does not believe that the repeal of legislation which reflects one government's view as to how best to address social problems is necessarily inconsistent with article 2 of the Covenant. The issue of which social policy response is most appropriate and effective in the circumstances is often highly complex and is inevitably informed by varying views and assumptions held about the nature and causes of the problem.

In both Ferrel v. The Attorney General of Ontario and Dunmore v. Ontario, the position of the Ontario Government was that the legislative schemes imposed by the previous government in the area of mandatory employment equity and agricultural labour relations, respectively, were neither appropriate nor effective.

Furthermore, the Ontario Government argued that the repeal of such legislation was not the proper subject of constitutional challenge because the Charter does not impose obligations upon governments to take positive action, but rather is directed at ensuring that governments comply with the Charter when they do act or make laws.

There are currently provisions of the Ontario Human Rights Code, R.S.O. 1990 c. H.17, that provide protection which relate to the broad concepts of social and economic rights. These provisions include:

- Being able to file a complaint of discrimination in housing accommodation on the ground of receipt of public assistance;

- Extending the protection of the ground of handicap to workers that have made a Workers' Compensation claim because of a work-related injury;

- Requiring the accommodation up to the point of undue hardship of groups in relation to services, accommodation, contract, employment and membership in vocational associations of which an individual may be a member where a requirement, qualification or factor that exists results in their exclusion;

- Requiring that people with disabilities be accommodated up to the point of undue hardship in relation to services, accommodation, contract, employment and membership in vocational associations; and

- Allowing special programs designed to relieve hardship, economic disadvantage or to assist disadvantaged persons or groups to achieve equal opportunity.

9. Please provide the Committee with information from each Human Rights Commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

The Ontario Human Rights Commission advises that it has not used the Covenant in relation to any cases at this time.

10. Please provide an estimate of the percentage of human rights complaints filed with each Human Rights Commission in Canada which are adjudicated and explain how this is consistent with the Committee's General Comment No. 3, para. 5. Can the Government of Quebec explain how its system is different and provide an estimate of the percentage of human rights complaints in Quebec that are not dismissed?

In Ontario, a Board of Inquiry that is independent from the Commission adjudicates complaints. When a formal complaint is made it could proceed through the following steps: mediation; investigation; conciliation; recommendation not to deal with the matter under section 34 of the Human Rights Code; recommendation not to refer the subject matter of the complaint to the Board of Inquiry; or recommendation to refer the subject matter of the complaint to the Board of Inquiry. A complaint could also be settled, withdrawn, or abandoned by the complainant. In 1997-98, there were 1,368 formal complaints made to the Commission. As of the end of our fiscal year (March 31, 1998), there were 44 ongoing Boards of Inquiry dealing with 69 complaints. On average, about 2% of the complaints that the Commission receives are referred to a Board of Inquiry.

Paragraph 5 of General Comment No. 3 refers to the fact that a person whose rights have been violated should have access to an effective remedy. Under the Code, every person who believes that a right under the Code has been infringed may file a complaint with Ontario's Human Rights Commission. The Commission's complaint process provides the person with an opportunity to resolve a complaint in a fair and timely manner through mediation, investigation, conciliation or, if appropriate, before an independent Board of Inquiry. For the most part, complaints that went to mediation in 1997-98 were resolved within 90 days of being filed. Of these cases, 80% were successfully settled.

11. Please provide information to the Committee about the outcome of the complaint of Elizabeth Wiebe for the Ontario Human Rights Commission (described in NGO submissions to the Committee in 1993) and state whether the Covenant was considered by the decision-maker.

The Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. F.31, prevents the Commission from releasing information about a complaint without the express permission of the complainant. Therefore, the Commission cannot make any comments regarding the question posed.

The vast majority of welfare recipients want to work, provide for themselves and their families and contribute to their communities. Passive welfare programs do not address the reasons for need, and therefore act as a barrier to self-sufficiency. This limits horizons and opportunities and can lead to a cycle of dependency.

Ontario citizens have a right to assistance when they are in need, but this exercise of rights must be balanced by the meeting of obligations. One of these obligations is to take specific and active steps towards self-sufficiency by participating in the various activities offered through Ontario Works.

OntarioWorks is designed to increase self-esteem and independence, provide training and work skills, increase work experience and exposure to prospective employers and give something back to the community. The program is intended to restore and promote the dignity of work.

Finally, there is nothing new about placing obligations and expectations on welfare recipients. Recipients of General Welfare Assistance were previously required to actively look for work and were required to take a job if it was offered. The requirement for more active involvement by welfare recipients simply extends the obligation to take more steps towards self-sufficiency.

13. An earlier version of Canada's Report filed with the Committee contained information from Ontario's Chief Commissioner of Human Rights about proposed changes to Ontario Human Rights legislation. What were the Chief Commissioner's concerns and were they acted upon by the Government of Ontario?

The Chief Commissioner was concerned about a section in Bill 96, an Act to Consolidate and Revise the Law with respect to Residential Tenancies, that proposed an amendment to the Human Rights Code which he argued would have resulted in landlords being able to refuse to rent to persons who did not meet landlords' income requirements.

The government wanted to amend the Human Rights Code to eliminate the confusion among landlords and tenants regarding the use of income information, rental history, credit checks, credit references and guarantees in assessing prospective tenants.

The regulation developed under the Code does not establish a rent to income formula that landlords could use, since it would be arbitrary and would not recognize the different circumstances of renters. The regulation treats questions about income, credit references, credit checks and rental history together and allows landlords to use income information alone only if the other information is not available.

The regulation also stipulates that "Nothing in this regulation authorizes a landlord to refuse accommodation to any person because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, marital status, family status, handicap or the receipt of public assistance."

Many of the existing prohibited grounds of discrimination under the Human Rights Code relate to the term "social condition". The government does not believe that it is necessary at this time to add "social condition" as a protected ground.

The Ontario Human Rights Code has a specific section that deals with discrimination in accommodation which covers most of the elements covered under the ground of "social condition". The grounds in the Code that might relate to social condition include ancestry, place of origin, ethnic origin, marital status, family status and receipt of public assistance.

Children are eligible for medical care under the publicly-funded Ontario Health Insurance Plan (OHIP) if they are Canadian citizens, landed immigrants, and if they make their permanent and principal home in Ontario, and they are present in Ontario for at least 183 days in any 12-month period. Canadian-born children of non-permanent residents are also eligible for OHIP, provided the parent is legally allowed to be in Canada for 183 days. Tourists, transients and visitors are not eligible for OHIP coverage.

Ontario Works and the Ontario Disability Support Program (ODSP) do provide health coverage to refugee claimants who are eligible for Ontario Works and ODSP, although there is a federal program available to some claimants.

The other refugee claimants awaiting determination of their immigration status receive health care coverage under the Federal Interim Health Program.

Children of landed immigrants and refugee claimants are provided the same access to elementary and secondary education as children of Canadians.

Subsection 49(7) of the Education Act, R.S.O. 1990, c. E.2, provides that if a school board admits to one of its schools a person, or a child of a person, who claims to be or is found to be a refugee under the Immigration Act, R.S.C. 1985, c. I-2, or a person whose parent is awaiting determination of a Convention refugee claim, the school board cannot charge that person a fee for his or her education.

Furthermore, section 49.1 of the Education Act provides that a person who is otherwise entitled to be admitted to a school and who is less than eighteen years of age shall not be refused admission because the person or the person's parent or guardian is unlawfully in Canada.

The children of non-nationals seeking to stay in Canada ordinarily have access to social assistance as dependent children of the parent(s) who are receiving social assistance. This entitles children to the same financial and health benefits as the dependent children of any other social assistance recipients. Exceptions to social assistance entitlement (for the parents and the dependent children) exist if non-nationals in Canada are tourists, visitors or students on visas, sponsored by a private group or recipients of the Resettlement Assistance Program (RAP), or are subject to a removal or deportation order.

Assistance for Children with Severe Disabilities (ACSD), formerly the Handicapped Children's Benefit (HCB), is available to non-national parents if there are extraordinary costs related to a child's severe disability and the parents meet the income test.

17. Why were the standards and entitlements maintained in health care but not in social assistance?

The Canada Health and Social Transfer contains a requirement that residency cannot be a condition for receipt of benefits. This condition was also part of the Canada Assistance Plan.

Ontario's current social assistance rates are more than ten percent above the national average. Rates for persons with disabilities have not been affected.

Because the negotiations on the framework agreement are still underway, it would not be appropriate to respond.

The purpose of the framework agreement is to foster cooperation between governments, to enhance our capacity to maintain and establish national social programs, and to provide for flexibility in the delivery of national programs in a way that respects both the diversity of Canada and the values that bind Canadians together.

The Ontario government has put in place a number of performance measures at the ministry level, aimed at measuring the effectiveness of government policies and programs. For example, the quality and performance of health care services will be measured by surveying Ontarians' ratings of the quality and access to health care services they have received. However, these and other measurements reflect the efficiency and expenditure choices of the Ontario government, and do not show directly the impact of the cuts in the amount of cash transferred from the federal government.

Because the growth rate of Canada Assistance Plan payments was limited in Ontario, Alberta, and BC, federal contributions did not keep pace with Ontario's expenditures on cost-sharable social assistance programs. The federal government's share of these costs in Ontario declined from 50 per cent in 1989-90 to only 30 percent in 1994-95.

The current federal program that supports social programs, the Canada Health and Social Transfer, is a block transfer. This transfer is not tied to provincial expenditures on health, education and social programs.

23. Does the Government intend to implement the recommendations of the Royal Commission on Aboriginal Peoples with respect to self-determination, self-governance, the control of lands and resources and the establishment of a lands and treaties tribunal?

Ontario is considering how this federal Commission's recommendations and findings relate to the principles set out in Ontario's March 1996 Aboriginal Policy Framework (APF) and to provincial programs and services as they pertain to Aboriginal Peoples.

The goal of the APF is a future in which Aboriginal communities have stronger economies and greater capacity to become more self-reliant and exercise greater responsibility for their well-being. Consistent with this goal, Ontario launched its Building Aboriginal Economies strategy on July 17, 1998. The strategy is a coordinated framework of Ontario government programs and services designed to benefit all Aboriginal people in Ontario. The strategy identifies four key approaches: increasing Aboriginal partnerships with the corporate sector, removing barriers, improving access and creating opportunities.

With respect to self-determination and self-governance, it is Ontario's view that the federal government has primary responsibility for Aboriginal self-government matters. Ontario will continue to assess and protect provincial interests in this process and the government will continue to respect existing Aboriginal and treaty rights. Consistent with the principles stated in the APF, Ontario is developing a self-government policy which will assess Ontario's interests in this area.

With respect to the control of lands and resources and other land and treaty related issues, the government of Ontario is committed to meeting its constitutional and other legal obligations in respect of Aboriginal peoples. As stated in the APF, Ontario's approach to public lands and resources will:

- meet legal requirements, including Aboriginal and treaty rights;
- protect the provincial interest in conservation; and
- protect Ontario's ongoing authority to manage public lands and natural resources in the most flexible manner possible.

At any given time Ontario is involved in a number of land claim negotiations with Canada and First Nations. Land claim settlements provide Aboriginal communities with opportunities for economic development, while removing barriers to investment, fostering a stable climate for local business and other interests. Settlements aim to promote the economic self-reliance of Aboriginal communities.

With respect to Aboriginal economic development, the Royal Commission's focus is primarily on economic self-reliance. Ontario's objectives are consistent with this focus, and Ontario views the successful resolution of land claims as a means to ensure Aboriginal economic self-reliance.

24. Please provide information on any provinces which require participation in "workfare" or similar programs and describe the appeal procedures in place with respect to any disentitlement from basic necessities on this ground. Are these programs applied to single parents, and if so, what exceptions apply? Is the Committee correct to assume that these programs would have been illegal under CAP?

Any decision to deny, suspend, cancel or reduce basic financial assistance can be appealed to an independent body called the Social Benefits Tribunal (SBT). Before a formal appeal can be launched, an internal review of the decision must be requested.

The internal review must be requested within ten days of receiving the decision and must be completed by social assistance staff within ten days of receiving the request. If the person disagrees with the internal review decision, it can be appealed to the SBT within thirty days.

Under Ontario Works, all recipients who are able to work, including sole support parents whose youngest child is able to attend school either part-time or full-time, are required to participate in the program as a condition of eligibility. Sole support parents with at least one dependent child for whom publicly funded part-time or full-time education is not available will be temporarily deferred from participation. Ontario Disability Support Program recipients may participate in Ontario Works, if they wish to do so.

Under this program, single parents have the same opportunities as are available to others on social assistance. Ontario Works provides people on social assistance - including single parents - with the opportunities to develop skills, contribute to their community and make contacts with potential employers.

Sole support parents with very young children who are deferred from participating, may volunteer to participate, and would be eligible for child care and other employment supports.

Under the Canada Assistance Plan, the federal government would not cost share workfare-type programs.

25. For provinces applying a "work for welfare" scheme, such as Quebec and Ontario, please provide information concerning the application of labour standards including minimum wage and any discriminatory criteria that are applied such as age.

Ontario Works recipients participating in community placement activities have workplace protections comparable to employees in paid positions.

For example, a person participating in a community placement must not attend for more than 70 hours a month so that their actual monthly benefit, when divided by their hours of attendance, equals at least minimum wage plus four percent vacation pay.

Other program standards that protect Ontario Works participants include required health and safety coverage, workers' compensation or equivalent accident coverage, compliance with the terms of any collective agreement, a rule against displacing paid employees, privacy protection, a limit on hours of attendance to eight hours a day and 44 hours a week, and provision for public and religious holidays and pregnancy and parental leaves.

26. Will the Government implement the recommendations of the Royal Commission on Aboriginal Peoples to address the unacceptable levels of unemployment both on and off reserves?

Ontario's strategy for Aboriginal economic development focuses on strengthening Aboriginal economies that will support long-term job creation for Aboriginal people. On July 17, 1998, Ontario launched its Building Aboriginal Economies strategy which is a coordinated framework of over 30 Ontario government programs and services designed to benefit all Aboriginal people in Ontario. The strategy identifies four key approaches: increasing Aboriginal partnerships with the corporate sector, removing barriers, improving access and creating opportunities. The centerpiece of the new strategy is the Working Partnerships program which is designed to promote Aboriginal job creation through Aboriginal partnerships with the corporate sector.

Ontario's Building Aboriginal Economies strategy and the Working Partnerships program are consistent with the recommended directions of the Royal Commission.

Persons with disabilities have been protected from discrimination in employment under the Human Rights Code in Ontario since 1981. The Ontario Disability Support Program (ODSP), in effect since June 1, 1998, is a legislated income and employment support program for people with disabilities. The Program moves people with disabilities off the welfare system and helps them prepare for, obtain or maintain employment through employment planning assistance, individualized supports, and other innovative employment strategies.

The development of a new Ontario Workplace Accessibility Tax Incentive program will encourage businesses to hire persons with disabilities by allowing them to deduct the cost of accommodating an employee with a disability.

The Ontario government's "Access Fund" funds retrofit projects to remove physical barriers to persons with disabilities in community-based facilities and provides opportunities for volunteering and bridging to employment.

The Ontario government launched an Equal Opportunity Plan in 1996 which included a disability component in its demonstration projects, best practices, training and education initiatives, and web site. The program develops partnership projects with employers, employer associations and disability organizations.

The government of Ontario is committed to promoting equal opportunity for people with disabilities through a variety of approaches including a new law to improve accessibility for persons with disabilities in Ontario. On July 13, 1998, the Ministry of Citizenship, Culture and Recreation released a discussion paper, Preventing and Removing Barriers for Ontarians with Disabilities. Consultations with a broad range of stakeholders, including the disability community, business, municipalities, service providers and labour took place in the summer of 1998. The results of the consultation will be used to assist in the development of the legislation.

28. Please provide information as to the minimum wage rate in various provinces and territories and any change in its real value over the last few years. Please indicate how the income from a full time job at minimum wage compares with the poverty line. What do the federal and provincial governments intend to do to ensure that minimum wages are adequate?

Ontario's general minimum wage was raised to $6.85 per hour effective January 1, 1995. This rate is currently higher than any provincial rate in Canada except for that of British Columbia (Quebec's minimum wage will rise to $6.90 on October 1, 1998).

Provision is made for a student minimum wage of $6.40 per hour for students under 18 years of age working up to 28 hours per week in the school term or in school holidays. This special minimum wage is intended to facilitate the employment of younger persons, recognizing their competitive disadvantage in the job market relative to older students who have more work experience and are perhaps perceived by employers as more productive.

There is also a special minimum wage for liquor servers of $5.95 per hour. This is intended to recognize that servers receive additional income from tips.

Between 1987 and 1997, women accounted for 58% of the growth in Ontario's labour force. In 1987, women accounted for 44 percent (2.3 million) of the labour force. In 1997, women made up 46 percent (2.7 million) of the labour force.

In 1995, the average income of Ontario men and women was $33,746 and $21,493, respectively. Since 1985, this represents a 1 percent decrease in men's income and a 17 percent increase in women's income after accounting for inflation.

Over the last ten years, the proportion of Ontario women working in full-time jobs has decreased from 74 percent to 71 percent while the proportion in part-time jobs has increased from 26 percent to 29 percent. According to 1996 Census data, the number of women who worked in Ontario (full and part-time) increased 32 percent between 1980 and 1995 (from 2,004,445 to 2,655,205); those who worked mostly part-time also increased 38 percent during the same period (from 626,535 to 865,765 in 1995).

In 1997, the labour force participation rate in Ontario for single women with preschoolers was 55 percent, down from 57 percent in 1987, but up from a low of 44 percent in 1992. In 1996, lone-parent families comprised 13 percent of all families in Ontario. Eighty-three percent of lone-parent families are headed by women. Statistics Canada reported there were 355,035 female lone-parent families in Ontario in 1995, an increase of 24.7 percent from 1990. Between 1990 and 1995, average family income for female lone-parent families in Ontario declined 8.2 percent to $30,182.

31. Please provide information regarding the rights of farm workers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. Is there any justification for denying these workers collective bargaining rights accorded to other workers?

The Labour Relations and Employment Statute Law Amendment Act, S.O. 1995, c.1, (Bill 7), which came into force on November 10, 1995, repealed the Agricultural Labour Relations Act, 1994, S.O. 1994, c.6, (ALRA) and amended the Labour Relations Act, S.O. 1995, c.1, Sched. A, (LRA) to restore the exclusion of agricultural, horticultural and domestic workers from collective bargaining legislation in Ontario. These employees continue to be free to form voluntary associations or unions outside of the statutory collective bargaining regime.

The ALRA came into force on June 23, 1994. Prior to the passage of the ALRA, workers in agriculture and horticulture were prohibited from joining unions. The ALRA extended the right to organize to these workers but set out a number of special provisions including a ban on strikes and provisions for binding interest arbitration through final offer selection.

The repeal of the ALRA reflects concerns expressed by farmers that the ALRA scheme was unworkable. In particular, the government concluded that the dispute resolution mechanisms upon which collective bargaining depends, namely the right to strike and lock out and compulsory arbitration, are incompatible with the unique characteristics of, and the nature of employment in, the agricultural sector in Ontario.

Agriculture in Ontario is overwhelmingly dominated by family farms, and the agricultural sector is characterized by extremely low profit margins and unstructured, highly personal working relationships. Moreover, employers in this sector are dependent on climatic conditions and seasonal variations and produce highly perishable products. For these reasons, the ALRA was repealed.

In November 1995, the United Food and Commercial Workers (UFCW) launched a constitutional challenge to the repeal of the ALRA before the Ontario Court (General Division), arguing that Bill 7 violates the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canadian Act, 1982, (U.K.), 1982, c.11. On December 9, 1997, a decision was rendered which clearly states that the exclusion of agricultural workers from Ontario's statutory labour relations scheme does not violate their freedom of association guaranteed under subsection 2(d) of the Canadian Charter of Rights and Freedoms or their right to equal protection and equal benefit of the law guaranteed by section 15 of the Charter. The UFCW has appealed this decision to the Ontario Court of Appeal.

With respect to domestic workers, historically they were excluded from the LRA. In 1993, the LRA was amended to remove this exclusion, but the LRA contained a provision requiring that a bargaining unit be comprised of two or more employees. The exclusion was reintroduced in 1995 because it is this government's view that labour laws originally enacted with industrial settings in mind are not always suitable for non-industrial workplaces, such as private homes, where occupational duties may not be compatible with the highly formalized terms and conditions of employment and the somewhat adversarial nature of relationships typical of a unionized environment.

The Ontario Government reiterates its strong commitment to free collective bargaining. Bill 7 has established the appropriate balance of power between unions and employers and has facilitated productive collective bargaining, which the Government views as an important component of its strategy to strengthen the economy and create jobs.

In Ontario, those applying for or receiving social assistance have the right to appeal decisions related to basic financial assistance to the Social Benefits Tribunal (SBT). The SBT is an arms-length adjudicative body. The SBT also has the authority to order a social assistance delivery agent to pay interim assistance pending an appeal where it is satisfied that there are grounds for the appeal and that the appellant is experiencing financial hardship.

36. Please estimate what it costs on average to meet the special needs arising from pregnancy and caring and providing for a newborn, including special dietary needs, etc. Are these special needs provided for in social assistance rates for pregnant women? Please provide information about any changes in those benefits.

Pregnant women and parents are eligible for items covered by the Ontario Drug Benefit Program. In addition, pregnant women or persons with newborns may also be eligible for Discretionary Benefits which cover costs for baby supplies or layettes where a municipality makes these available.

Special dietary needs directly associated with a pregnancy and prescribed by a doctor can be paid under social assistance.

37. The Committee has received information that food bank use has continued to increase in Canada and has approximately doubled over the last ten years. Can the Government explain why the number and use of food banks has continued to increase? Does the Government consider the need for food banks in so affluent a country as Canada consistent with article 11 of the Covenant?

The government of Ontario does not fund food banks and does not collect statistics on food bank usage.

Ontario's social assistance rates are more than 10 percent above the national average. People in receipt of social assistance are not provided with any specific direction as to how they must spend their allowance.

In addition to the standard of social assistance rates, Ontario's social assistance programs provide several benefits and services. Drug and dental cards, special diet funds, a Winter Clothing allowance and a Back to School allowance are some examples of additional assistance provided to ensure recipients and their families maintain a healthy quality of life.

The Social Assistance Reform Act gives the ministry the ability to make payments directly to landlords or utility companies.

This new capacity will only be used in Ontario Works and ODSP cases where recipients have a demonstrable record of non-payment or where recipients are at risk of losing their accommodation or utilities.

39. What proportion of children who use food banks go hungry and how often do parents go hungry?

The government of Ontario does not fund food banks and does not collect statistics on food bank usage. Ontario provides $2.5 million annually to set up, enhance and run breakfast, lunch or snack programs, primarily for elementary school aged children. The funds also support community partnerships that establish new child nutrition programs and provide resource and educational materials. The funding is administered by the Canadian Living Foundation. Since September 1996, the program has helped 714 child nutrition programs, serving over 56,000 children.

40. Explain how school food programs fit into federal and provincial strategies to address hunger and how the government intends to ensure that the dignity of children and their parents is respected in those programs?

Legislation authorizes school boards to purchase milk for free distribution to its pupils, as long as the distribution is made under the supervision and direction of the principal and the milk is consumed on school premises.

Ontario provides $2.5 million annually to set up, enhance and run breakfast, lunch or snack programs, primarily for elementary school aged children. The funds also support community partnerships that establish new child nutrition programs and provide resource and educational materials. The funding is administered by the Canadian Living Foundation. Since September 1996, the program has helped 714 child nutrition programs, serving over 56,000 children.

The programs ensure respect for children and their parents by being available to all children in a non-stigmatizing manner and by the participation and contribution of parents, business people, volunteers, local agencies, and schools.

41. Please provide any available data on the extent of homelessness in various cities in Canada. At what point would the government consider homelessness in Canada to constitute a national emergency?

The Provincial government does not collect data that would reflect the extent of homelessness in Ontario cities.

44. According to information provided to the Committee from Statistics Canada, the percentage of government expenditure on housing has declined since 1993. There has been extensive media coverage of a growing crisis of homelessness in Toronto, Vancouver and elsewhere, emphasizing primarily charity-based efforts to address the problems. Is the Government applying the maximum of available resources to homelessness and does it agree that guaranteeing the right to housing is a core responsibility of governments?

Within the federal division of powers in Canada, responsibility for housing rests at the provincial level. Ensuring that Ontarians have access to adequate housing remains a fundamental concern of the Province. As noted elsewhere, the Province is in the process of devolving responsibility for the funding and administration of its social housing program to the municipal level. This is in recognition that many housing issues are based on local conditions and that municipalities are the level of government with the best understanding of local needs. The Province has not, cannot and indeed, would not, relinquish its constitutional jurisdiction over housing matters. The Province retains its ability to ensure that provincial standards are maintained in matters of rent calculations, access and eligibility, and benefit levels.

Housing standards in Ontario remain among the highest in a country which has some of the best living conditions throughout the world. The U.N. itself has noted on several occasions that Canada is the number one country in terms of enviable standards of living. This achievement was accomplished without formal designation of a "right to housing" and Ontario compares quite favourably to other jurisdictions where the right to housing is embraced as a formal or legislative responsibility.

Despite this record, homelessness remains a serious concern, particularly in the province's largest urban centre, the City of Toronto. The province currently spends approximately $100 million on services for the homeless, which includes $70 million on hostels, cost-shared 80:20 with municipalities.

On January 29, 1998, the Government of Ontario announced the appointment of a provincial task force to make recommendations that will assist municipalities develop strategies to help the homeless. The province also provided $4 million in additional funding, to be allocated based on the recommendations of the Task Force. As a result of a preliminary recommendation of this Task Force, the province reinstituted annual funding of $14 million for domiciliary hostels which house many people vulnerable to homelessness.

While the Province addresses a number of factors underlying homelessness through provincial policies for social assistance, community supports, and supportive housing, the City of Toronto will be coming forward with a complementary strategy to deal with the local conditions under its influence. The Province will work closely with Toronto to ensure that effective responses are in place.

45. Could the Government of Ontario provide information as to how many households have been forced to move out or been evicted for non-payment of rent because of the cuts to social assistance?

Until proclamation of the Tenant Protection Act, S.O. 1997, c.24, on June 17, 1998, evictions were handled by the Provincial Courts (General Division). The number of evictions resulting from non-payment of rent has not been tracked by the courts and therefore no data exist.

46. The Committee understands that new legislation in Ontario will remove rent control on any apartment which is rented to a new tenant. Does the Government of Ontario expect any additional increase in evictions because of this measure? Please provide the Committee with any information that becomes available prior to the review of Canada's Report in November.

The TPA ensures that rent control is retained for tenants who lived in their apartments prior to June 17, 1998 - the date that the legislation was proclaimed. When a tenant moves out of a rental unit the landlord can negotiate a new rent with the new tenant. After the new tenant has moved in, rent control applies once again.

The government does not expect substantial increases in rents as a result of these measures nor does the government expect an increase in evictions. Research shows that many rents around the province are already at or near market value, and landlords are unlikely to demand rents so high that their buildings lie vacant.

The TPA also contains strong anti-harassment rules. It is an offence to use harassment to force tenants to vacate their rental units, or to interfere with a tenant securing his or her own rights under the Act. Maximum fines have been increased for individual landlords to $10,000, and $50,000 for corporations.

As a result of this vacancy decontrol measure, there will be more incentive for landlords to provide new supply of rental housing.

48. According to the 1996 Report of the National Council of Welfare (Poverty Profile 1996), 91.3% of families led by single-parent mothers under 25 live below the level of poverty. Child poverty is at a 17 year high of 20.9% meaning that nearly 1.5 million children live in poverty in Canada. Although the last recession ended in 1991, poverty rates have risen steadily since then. Please provide to the Committee the most up to date information on single parents, children, people with disabilities and Aboriginal people and explain how this unacceptable situation has been allowed to occur?

The National Council of Welfare report typically uses Statistics Canada Low-Income Cutoff data for their reports on poverty. In addition, there are other poverty lines in Canada that are updated and reviewed periodically in the literature. Presently, there is no standard measure of poverty.

Ontario has implemented a number of new measures to ensure the best outcomes for children in Ontario. These include: providing $2.5 million annually for child nutrition programs; $20 million annually for preschool speech and language programs; increasing up to $50 million per year, by 2000-01, the Healthy Babies, Healthy Children program that supports early identification and home visiting to high risk children; directing $5 million annually to Better Beginnings, Better Futures program for high-risk communities; making $10 million grant to Invest in Kids Foundation for prevention and early identification initiatives; investing $18 million for services to support families with developmentally disabled children; providing $170 million in new funding for child protection, phased in over three years and annualizing at $90 million per year in 2000-01, on top of an additional $15 million to children's aid societies allocated in 1998-99.

50. What measures did the federal and provincial governments take to follow up on the recommendations of the Committee in 1993 to reduce the gap between welfare rates and the poverty line? Has this gap been reduced? If not, what is the explanation for the government's failure to address this pressing need during a time of relative economic prosperity?

The government of Ontario is committed to restoring the welfare system to its original purpose as a transitional program of last resort.

Through our work-for-welfare program, Ontario Works, we are helping people on welfare develop skills, make contacts with potential employers and give something back to their communities.

One measure that has been taken to address child poverty and promote attachment to the workforce is an integrated child benefit called, the National Child Benefit (NCB).

- to help prevent and reduce the depth of child poverty;
- to promote attachment to the workforce; and
- to reduce overlap and duplication.

The NCB is based on a joint approach and both the federal and provincial governments have committed to specific roles:

Ontario will use its portion of the NCB reinvestment to create a new Ontario Child Care Supplement for Working Families. This is a new program that will support up to 350,000 young children in working families by providing a maximum annual benefit of $1,020 for each child under seven. Families will be eligible for the Supplement if they have work earnings exceeding $5,000 or are attending education or training programs and have child care expenses. For families with incomes above $20,000, the Supplement will be reduced.

Ontario will reinvest $100 million from the NCB reinvestment in 1998-99 in the Ontario Child Care Supplement for Working Families. This amount will grow to $145 million as an annual amount. When this is combined with the $40 million previously announced by the province (originally for the former Ontario Child Care Tax Credit), it will bring the total value of Ontario's Supplement to $185 million annually.

Ontario is also undertaking a number of new initiatives to help children and their families in addition to its NCB reinvestment. These include: the new Learning, Earning and Parenting (LEAP) Program which will provide child care subsidies and other supports to help single parents on welfare finish school; additional child care assistance for participants in Ontario Works to give greater flexibility and choices for parents; increased funding for the Healthy Babies, Healthy Children program which screens all newborns, and identifies those at high risk and ensures they receive community services, including lay home visiting; and increased funding for Children's Aid Societies to increase the number of child protection staff, provide better training for front-line workers and revitalize foster care.

On June 1, 1998, Ontario implemented the Ontario Disability Support Program (ODSP), a new income and employment support program for people with disabilities who are in financial need. Highlights of the new program include:

- ODSP provides the highest benefits for persons with disabilities across the provinces
- Upon being admitted to the program, recipients are allowed to immediately keep earnings of $160 per month for singles and $235 per month for families;
- The ODSP Act contains a provision for rapid reinstatement. This provision protects the income support benefits of persons if a job attempt fails and they want to return to the program.
- The ODSP has more generous rules regarding limits on assets, compensation awards, gifts and inheritances and cash surrender values of life insurance policies.
- The employment support program will be implemented in the fall of 1998 and will provide supports to people with disabilities to voluntarily prepare for, obtain or maintain competitive employment.

Federal, Provincial and Territorial governments have addressed the issue of poverty for disabled persons in two significant areas.

Ministers responsible for Social Services are developing a shared vision and policy framework for persons with disabilities, entitled, In Unison: A Canadian Approach to Disability Issues. This document sets out a blueprint for promoting the integration of persons with disabilities in Canada and from removing the barriers and disincentives that prevent them from fully participating in society.

The Employability Assistance for People with Disabilities (EAPD) initiative is designed to assist people with disabilities to prepare for, obtain and maintain employment. The EAPD will support a broad range of programs and services, ranging from employment counselling and assessment to wage subsidies and assisting aids and devices. Provinces have the flexibility to tailor programs to reflect local priorities and circumstances.

54. Does the Canadian government have any evidence of restrictions in access to health care for the poor? If so, what is the government doing to remedy the situation?

In Ontario, there are no restrictions in health care for the poor. Health care is delivered in accordance with the principles of the Canada Health Act, R.S.C. 1985, c. C-6, enacted in 1984, which include universality (i.e., all Canadians must be provided equal health care coverage) and accessibility (i.e., all Canadians must have equal access to the same quality of health care).

People in Ontario in receipt of social assistance through the government's work-for-welfare program, Ontario Works, receive prescription drug benefits without charge. The dependant children of Ontario Works participants also receive dental benefits without charge, and adult Ontario Works participants may receive dental benefits at the discretion of municipalities.

Recipients of the Ontario Disability Support Program (ODSP), a separate social assistance program for people with disabilities, also receive prescription drug benefits without charge. ODSP recipients, their spouses and dependants, under the age of 18, also receive dental benefits without charge.

Accurate statistical data regarding the percentage of discharged psychiatric patients who are homeless are not available.

It is recognized that homelessness among those with serious mental illnesses is a problem. In response, new funding for community-based mental health outreach services for homeless people, totalling $2.5 million annually, was announced on January 29, 1998. Ministry of Health staff worked closely with agencies and services providers in Toronto, Ottawa, London and Hamilton to ensure that new services were initiated in the 1997-98 fiscal year. These initiatives address the mental health needs of people with serious mental illnesses who are socially isolated and hard to serve.

In addition, also on January 29, 1998, the Government of Ontario announced the appointment of a provincial task force to make recommendations that will assist in helping the homeless. The province currently spends approximately $100 million on services for the homeless, which includes $70 million on hostels, cost-shared 80:20 with municipalities.

The province also provided $4 million in additional funding, to be allocated based on the recommendations of the Task Force.

56. Please provide any information available on the particular health problems of the homeless, including tuberculosis rates, and identify any barriers faced by the homeless in getting access to appropriate health care.

Tuberculosis rates among the homeless are not available as there are no reliable data about the size of this group, i.e., the homeless. We do know, however, that the homeless represent a very small percentage of total tuberculosis cases in the province. The provincial rate for tuberculosis is seven cases per 100,000 population, and Canada reports around 2000 cases per year.

The prevalence of tuberculosis infection among the homeless is higher than that in the general population. This has been shown in a number of studies in North America. The City of Toronto health department tested 43% of the residents of shelters for the homeless and found that 45% of these had a positive tuberculin skin test. However, very few of these people actually develop active tuberculosis.

Each board of health in the province must have a Tuberculosis Control Program under the Mandatory Health Programs and Services Guidelines under the Health Protection and Promotion Act, and must follow the guidelines set out in the ministry's guidelines set out in the ministry's Tuberculosis Control Protocol. These guidelines have specific recommendations for the screening of high risk persons such as the homeless, as well as for additional measures such as direct observed therapy to ensure that such persons with active pulmonary tuberculosis complete a course of treatment. The ministry assesses the delivery of this program by Ontario's boards of health on a regular basis. Drugs for the prevention and treatment of tuberculosis are provided by the ministry at no charge to residents of Ontario.

As explained in answer to Question 54, Ontario is committed to full compliance with the Canada Health Act. Medically necessary health services are accessible to all on an equal basis.

Through the Ontario Drug Benefit (ODB) Program, the Ministry of Health covers most of the cost of most prescription drug products for people with a valid OHIP card who also belong to one of the following groups: people 65 years of age and older, residents of long-term care facilities, residents of Homes for Special Care, people receiving professional services under the Home Care Program, and Trillium Drug Program recipients. In addition, people receiving social assistance (General Welfare or Family Benefits Assistance) are also eligible for ODB coverage.

The Trillium Drug Plan (TDP), introduced in 1995, assists Ontario residents with unmanageable prescription drug expenses in relation to their income.

Trillium is designed to provide yearly benefits when prescription drug costs exceed a certain portion of a subscriber family's income. The program does not replace private insurance plans, but benefits those who do not have private insurance or who have exhausted their private insurance benefits. Once a person is eligible for Trillium, he or she receives the same benefits as provided through the ODB program.

In the three years since its inception, Trillium has assisted thousands of needy Ontario residents who have unmanageable prescription drug costs. In the first year of the program, 22,000 people benefited, in the second year it was 40,000 individuals, and over 52,000 people in 1997-98. Currently, about 380,000 Ontarians are estimated to be eligible to apply for the program.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

Ontario has 56 Community Health Centres (CHCs) that provide free health care to anyone seeking it. CHCs are non-profit, community-based organizations that provide primary health care and health promotion services, using multidisciplinary teams of health providers (which often include physicians, nurses, dietitians and others) that are paid by salary rather than through a fee-for-service system. Services are designed to meet the specific needs of a defined community. In addition, CHCs provide a variety of health promotion and illness prevention services which focus on raising awareness of the broader determinants of health such as employment, education, environment, isolation and poverty.

The "Healthy Babies, Healthy Children Program" is a joint Ministry of Health and Ministry of Community and Social Services program designed to ensure that all Ontario families with children, (prenatal to age six) who are at risk of physical, cognitive, communicative or psychosocial problems have access to effective, consistent early intervention services in order to improve their well-being and long-term prospects.

Using a community-wide planning process that involves all organizations and agencies that serve families and children, the program places emphasis on prevention and early identification, builds on the strengths of families and community members, and improves outcomes for children. Through this program, all newborns in hospitals are screened to identify at risk children. Families identified with high risk children receive home visiting services and are linked to other supports and services in the community.

The May 1998 Budget announced that the $10 million annual commitment for Health Babies, Health Children will be enriched by $10 million in 1998-99 and will grow to a $50 million annual program by 2000-01.

The "Better Beginnings, Better Futures" program, now in place in eight high-risk Ontario communities, is a 25-year longitudinal prevention demonstration project. Its three goals are to prevent emotional, behavioural, social, physical and cognitive problems in young children, promote healthy child development, and enhance capacities in socially and economically disadvantaged communities.

The focus of the project is children 0-8 years who are at risk for emotional, behavioural, social, physical and cognitive problems, and children and families living in economically disadvantaged neighbourhoods with multiple high risks for poor child development.

The project receives $4.6 million in operating funds per year from the Ministries of Health, Community and Social Services, and Education and Training. As well, the government provides $1.1 million for research which follows 1000 families with young children to assess both the effectiveness and costs of this model.

The Seniors Secretariat was established in October 1996 to facilitate better planning and responses to the changing demands of society that have been brought about by fundamental demographic shifts, specifically the escalating growth of the over-65 population.

The Seniors' Secretariat works to dispel "ageism" as well as incorrect information about the needs, concerns and contributions of senior citizens.

On July 27, 1998, a Minister of Long-Term Care was appointed in order to provide dedicated attention to long-term care issues such as nursing homes, homes for the aged and community home care, all of which are priorities of the government.

Seniors and people with disabilities in Ontario now have simple one-phone-call access to long-term care services with the launch of Community Access Centres across the Province. Forty-three Community Care Access Centres (CCACs), which are run by volunteer boards, have been established to handle both Home Care and Long-Term Care Placement Co-ordination Services. Community Care Access Centres will: provide information on available services and programs, conduct individual assessments, determine clients' eligibility for services, plan a program of care, and arrange for the services to be delivered.

CCACs will also provide up-to-date information on other services including volunteer-based community services (e.g. Meals on Wheels and friendly visiting), supportive housing, attendant services, children's treatment centres and other related community services.

59. The Committee has received information that between 1990 and 1995, the average tuition fees for post-secondary education rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What are the steps taken to ensure that post-secondary education remains equally accessible to all, regardless of income?

Ontario will spend $535 million in 1998-99 to provide grants and subsidized loans to post-secondary students with financial need. This figure is 33% higher than 1995-96. In addition, universities or colleges that raise tuition fee levels are required to set aside 30% of increased revenues for student aid. This aid is estimated at $86 million in 1998-99.

In the 1998 Provincial Budget, the Minister of Finance announced $600 million in increased support for post-secondary education. Funding targeted to protect student accessibility includes:

- $150 million over three years to double the number of spaces in university computer science and high demand engineering programs and related college programs;
- $29 million annually, phased in over three years, to support universities that have in the past increased access for students;
- $50 million over 10 years for a graduate scholarship program in science and technology with the private sector contributing an additional $25 million, and
- $50 million over 10 years for Research Excellence awards for graduate students and post-doctoral researchers, with the private sector contributing an additional $25 million.

This government is taking further steps to protect student accessibility by pursuing the following student assistance policies.

- Ontario's share of the Millennium Fund will be combined with other federal and provincial money to create a new student loan plan valued at $9 billion over 10 years.

- Educational institutions which increase fees in graduate and specific undergraduate professional programs, as well as undergraduate engineering and computer science programs, are required to make available financial aid to students in financial need, to cover tuition and ancillary fees above $4,500.

- Through an innovative matching program, the Ontario Government is creating more than $600 million in permanent trust funds for student aid at Ontario colleges and universities which will assist an estimated 185,000 students over the next ten years.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of Aboriginal people?

Ontario's approach to Aboriginal affairs focuses on achieving stronger Aboriginal economies and jobs for Aboriginal peoples, which includes providing support for projects which are appropriate to Aboriginal cultures or that extend knowledge of, and respect for, Aboriginal cultures. For example:

- The Northern Ontario Heritage Fund Corporation of the Ministry of Northern Development and Mines, provides funds to support the development and marketing of regional tourism enhancement projects which include cultural components, infrastructure improvements in telecommunications and transportation, and other economic development initiatives for northern communities.

- Ontario provides funding to Aboriginal communities to develop community-based business opportunities, which include culture-related initiatives, through the Ontario Aboriginal Economic Development Program of the Ministry of Citizenship, Culture and Recreation.

- The Ministry of Education and Training has an Aboriginal Education and Training Strategy in place to provide funding to colleges, universities and Aboriginal institutions aimed at improving the participation and completion rates of Aboriginal students in post secondary education. This funding provides for the development and delivery of Aboriginal-specific programs, and support services for Aboriginal students, including Aboriginal counsellors.

- Ontario established Casino Rama to benefit all First Nations in the province. The casino's net revenues, through the First Nations Fund, will be an important source of capital for economic and community development which include cultural initiatives. It is envisaged that the Fund will provide approximately $1 billion over a 10-year period.

- The Ontario Arts Council has specific Aboriginal grants programs to improve access to the arts for Aboriginal communities, while encouraging opportunities for Aboriginal artists across the province. The programs for organizations include grants to Aboriginal cultural centres. Grants available to individuals are for Aboriginal artists involved in education.

- The Archives of Ontario, which are dedicated to preserving and making accessible Ontario's documentary heritage, contains a large collection of documents pertaining to the history and cultural heritage of the Aboriginal peoples of Ontario.

- TVOntario is financially supported by the government of Ontario, TVO members, corporate sponsorships and partnerships with the private sector. TVO broadcasts in English and French and its programming includes Aboriginal subjects. TVOntario was created in 1970 to initiate, acquire, produce, distribute, exhibit and deal in programs and materials in the field of educational broadcasting and communications.

- The Ontario Native Affairs Secretariat meets regularly with First Nation leaders and representatives of major Ontario Aboriginal organizations such as the Chiefs of Ontario, the Metis Nation of Ontario, the Ontario Federation of Indian Friendship Centres, the Ontario Metis Aboriginal Association and the Ontario Native Women's Association, to discuss issues of common concern, including Aboriginal cultural matters.

- The Ontario Women's Directorate, working in partnership with Aboriginal women's organizations and the Ontario Native Affairs Secretariat, is in the process of developing partnership projects to support women's economic independence, which also includes cultural components.

Ontario recognizes that models of program and service delivery to Aboriginal people and families may require modification in response to their unique realities, histories, cultures and traditions. The government has responded to this by supporting Aboriginal components of mainstream programming. For example, there are currently ten Aboriginal-operated children's agencies providing services to Aboriginal families across the province. Five of these are designated to provide child protection.

In the spring of 1997, the Ontario Government hosted a series of policy forums on Aboriginal issues for area and corporate ministry staff and senior management. The forums involved Aboriginal people from various organizations across the province, and were intended to provide an opportunity for discussion and learning related to cross-cultural awareness, and the history and perspectives of Aboriginal people.

66. Why did Ontario repeal its employment equity legislation and what steps are being taken to protect the rights of disadvantaged groups to work?

The Ontario government repealed the Employment Equity Act, 1993, because it believes that equal opportunity in employment is best achieved through merit-based voluntary measures, rather than job quota laws.

Discrimination is against the law in Ontario. The Ontario Human Rights Code provides protection against discrimination in employment.

The government is supporting the Ontario Human Rights Commission's efforts to ensure an efficient system for managing complaints under the Code. There is now a centralized, one-window service for inquiry and intake. Specially trained staff provide intake, mediation and investigation services.

The Equal Opportunity Plan, announced by the government in 1995, supports employer and employee equal opportunity efforts and is comprised of a number of initiatives:

- An interactive Equal Opportunity website, www.equalopportunity.on.ca, provides information on resources and services and a forum for users to share expertise and experiences.

- The website "Resource Centre" contains bibliographic references and links to other relevant sites.

- The "Ability to Work" section provides information for employers and job-seekers with disabilities, including a service directory of employment-related resources across the province.

- Partnership projects with employers, associations and other stakeholders provide tools and resources for employers and employees.

67. Describe the impact of the Labour Relations and Employment Statute Law Amendment Act, or Bill 7, on the collective bargaining rights of agricultural and other workers.

Bill 7 affects all unionized workers in Ontario by restoring balance to labour relations in the province by repealing the previous government's labour law and introducing workplace democracy measures. These workplace democracy measures include the requirements that:

- a secret ballot representation vote be held when a union applies to the Ontario Labour Relations Board to represent a group of employees; the applicant union must demonstrate that 40% of affected workers support the union before the Board will conduct a vote;

- representation votes will generally be held within five business days of the union's application being filed, thereby postponing any litigation to after the vote; and

With respect to the specific impact of Bill 7 on agricultural workers, please see the answer to Question 31 above.

68. Describe any changes in Ontario's budgetary allocation toward social housing and any reduction or elimination of programs in housing, including funding for organizations assisting tenants or disadvantaged groups in housing.

The single largest change in the budgetary allocation toward social housing results from the provincial government's restructuring of provincial and municipal services. First announced in January 1997, the restructuring transfers many provincial programs, including social housing, to the municipal level in exchange for a greater provincial role in education. As of January 1, 1998, municipalities are required to pay for the former provincial portion of social housing. Once agreement with the federal government has been secured, and the necessary legislative provisions are put in place, administrative responsibilities for the social housing program will be passed on to municipalities.

Supportive housing (ie. housing for persons needing supports to live in the community) is not part of this transfer and municipalities will not be required to pay for this type of social housing. Supportive housing responsibilities are being transferred to the Ministries of Health, Community and Social Services, and Long-Term Care, where the services needed are best provided.

The Community Partners program of the Ministry of Municipal Affairs and Housing has focussed its resources on a number of community groups throughout the province who provide assistance to low income and disadvantaged households in finding inexpensive accommodation. Homeless persons, those leaving institutions such as mental health facilities, corrections, etc., often face difficulty in locating accommodation suitable to their circumstances. The groups funded by this program help those who are among the most disadvantaged in finding housing in the marketplace.

69. Which programs has the Ontario Government devolved to municipalities and what will be the effect on the province's ability to ensure compliance with the Covenant in these areas?

With federal agreement and a new legislative framework, the province has transferred funding and is proposing to transfer administrative responsibilities for social housing to the municipal level (see response to Q. 68). Nothing in this transfer impedes the province in its constitutional responsibilities for housing. The province will retain its roles in policy and standards setting, monitoring, and compliance. Through a new legislative framework, municipalities will be expected to maintain service levels throughout the lifetime of agreements with the federal government. Conditions for eligibility, access, and benefit levels will be enshrined in provincial legislation and will have the full force of the law behind them. Municipalities and providers will be held accountable should they fail to meet federal or provincial requirements.

QUÉBEC

1. What is the status of the Covenant in cases of conflict with federal, provincial and territorial legislation? Please provide information on the implementation of the Covenant by the courts in Canada.

International treaties such as the Covenant cannot form the direct basis of an action under Quebec law, given the dualistic nature of Canada's legal system. (10) Treaties must be implemented through legislation (11) in order to be justiciable, and this implementation is based on the division of legislative powers between the two orders of government (federal and provincial). (12) In Canada, the human rights field falls primarily within the federal domain.

The Government of Quebec declared itself bound by the Covenant on Economic, Social and Cultural Rights by adopting Order-in-Council 1438-76 on April 21, 1976. Before doing so, it reviewed compliance of provincial legislation with the rights and obligations set forth in the Covenant. Although our laws are intended to be interpreted in accordance with Canada's international commitments, domestic law prevails in the case of an obvious inconsistency between a treaty provision and domestic law. (13)

Based on the jurisprudence, (14) international standards may be used to interpret domestic law. Quebec courts may refer, particularly when interpreting the Charter of Human Rights and Freedoms (15) or the Canadian Charter of Rights and Freedoms, (16) to various international instruments, including the Covenant on Economic, Social and Cultural Rights. (17) Furthermore, there is always a presumption that the government intends to respect its obligations.

4. Please provide details as to how the Government responded in cases where plaintiffs invoked their rights under the Covenant to interpret Charter rights and provide any information about cases in which the Government or the court interpreted the Charter in light of the Covenant. Please include information about: Masse v. Attorney-General of Ontario, Clarke v. Peterborough Utilities Commission, Falkiner v. Attorney-General of Ontario and Gosselin v. Quebec.

As previously mentioned (response to Question 1), no civil action based solely on a right recognized by the Covenant may be sanctioned by domestic courts. Applicants must seek redress under domestic law and may invoke the Covenant to encourage the court to interpret the legislative or constitutional provisions on which this reference is based to support their claims.

The courts tend to refer to international instruments in supporting an interpretation that appears consistent with international commitments entered into by the government responsible for implementing the law in dispute. (18) Accordingly, they occasionally interpret such commitments (see jurisprudence listed at the end of this question).

In Gosselin c. Québec (Procureur général) (19) we have an example of this approach. Here, a class action was launched on behalf of a group of social assistance recipients under age 30 to contest the validity of provisions of the Quebec Social Aid Act. These clauses provided, from 1985 to 1989, for measures intended to develop and encourage the employability of social assistance recipients below age 30.

The schedule for the monthly social assistance benefits took into account the voluntary participation by employable individuals under age 30 in programs intended to encourage their entry into the labour force. Social assistance benefits could be raised as a result of such participation, and programs were not accessible to individuals over the age of 30. The class action was based on the right to equality (age) and the right to be protected against any government infringement on security that failed to respect the principles of fundamental justice, i.e., mainly on sections 7 and 15 of the Canadian Charter. The trial judge dismissed the action, largely on the grounds of the absence of evidence of prejudice against the recipients or infringement of their security by the State.

On page 1669 of the judgement, he referred to Articles 2, 9, 11 and 12 of the Covenant, noting that these provisions did not apply immediately. He ruled that the right to social security and social benefits is not included in the concepts of life, liberty and security of the person protected by section 7 of the Canadian Charter. This judgement was appealed. The case has been argued and the Court of Appeal is still considering it at this time.

1. -Fédération des infirmières et infirmiers du Québec c. Québec (Procureur général) (1991), R.J.Q. 2607

4. -Commission des droits de la personne du Québec c. Commission scolaire Deux-Montagnes (1993), R.J.Q. 1297

5. -Commission scolaire St-Jean-sur-Richelieu c. Commission des droits de la personne du Québec (1994), R.J.Q. 1227

8. -Commission des droits de la personne c. Centre d'accueil Villa Plaisance (1996), R.J.Q. 511

9. -Commission des droits de la personne et des droits de la jeunesse c. Montréal (Société de transport de la Communauté urbaine de) (1996), R.J.Q. 2063

11. -Commission des droits de la personne et des droits de la jeunesse c. Maksteel Québec Inc. (1997), R.J.Q. 2891

7. Explain the position of the government of Manitoba in the Fernandes case (para 63), of the government of British Columbia in the case of Brown v. British Columbia (para 69) and of the government of Quebec in the Gosselin case, with particular reference to article 2 of the Covenant. Will these positions be changed in light of the decision of the Supreme Court in the Eldridge case?

Article 2 of the Covenant grants the States Parties the necessary latitude to progressively achieve the full realization of the rights recognized therein, in keeping with the extent of their available resources and by all means they deem appropriate. In so doing, however, the States Parties must act without discrimination of any kind.

The Government of Quebec does not feel the Gosselin case casts doubt on the principles recognized in Article 2 of the Covenant. In fact, the position maintained by the Attorney General of Quebec with regard to this dispute is the following: no evidence was brought to the Court of a discriminatory burden being placed by the Act on young social assistance recipients.

Furthermore, the development of employability programs for young, employable social assistance recipients provided for by the Act and its Regulations constituted a range of positive measures intended to improve the position of these individuals, who were particularly at risk during the period in question. As such, these programs constituted an additional form of assistance. Since the measures were intended to meet the particular needs of a group of people requiring the last-resort financial assistance provided for by law, they were not discriminatory.

In light of the preceding, it would appear that, at all relevant times, the government was acting in accordance with its commitments, most specifically in regard to Article 2 of the Covenant. To date, the Eldridge decision has therefore not had an impact on the position of the Attorney General on the Gosselin case, given that social assistance was provided to young recipients without discrimination of any kind.

8. Will the Government of Canada be acting on the recommendation of the Canadian Human Rights Commission that the ambit of human rights protections in Canada be expanded to include economic and social rights? What are the views of the provincial Commissioners on this issue?

The Commission des droits de la personne et des droits de la jeunesse has provided the following main comments:

As regards the second part of this question, it should be emphasized that Quebec is the only Canadian jurisdiction to include economic and social rights in its human rights legislation. In fact, the Quebec Charter includes a chapter entirely dedicated to economic and social rights, (20) including the right of children to protection, security and attention; the right to free public education; the right of parents to choose between religious and moral education for their children; the right to choose private education; the right of ethnic minorities to maintain and develop their own cultural interests; the right to information; the right to measures of financial assistance and social measures capable of ensuring an acceptable standard of living; the right to fair and reasonable working conditions; the equality of rights, obligations and responsibilities within marriage; and, finally, the right of all senior citizens and people with disabilities to protection against exploitation. In addition to these rights is the prohibition against discrimination based on social condition, (21) which applies to all rights and liberties guaranteed.

On the other hand, the Quebec Charter does not include certain economic and social rights recognized by the Covenant, in particular, the right to work and the right to health. (22) Enshrinement in a charter of rights is by no means essential to the recognition of economic and social rights in substantive law: the development of Quebec social law, in fact, predated the adoption of the Charter. However, the inclusion of economic and social rights in a document which, like the Charter, solemnly affirms fundamental liberties and rights, cannot be inconsequential. At the very least, such enshrinement requires economic and social rights protection to be considered from a qualitatively different standpoint, one appropriate to a semi-constitutional text. It is also consistent with the major declarations by the international community on the indivisibility and interdependence of rights. (23) From a practical point of view, the recognition of economic and social rights is also significant. For example, certain economic and social rights recognized by the Charter have been successfully invoked, either as the main or supporting arguments, in private legal actions. (24) Quebec courts have also recognized the symbiotic relationship between section 10 of the Charter (prohibition against discrimination) and the Chapter on economic and social rights, which allows for a critical review of social legislation from the standpoint of the right to equality. (25) For the reasons just stated, the legislative recognition of economic and social rights should be considered a positive development by any national human rights protection organization.

9. Please provide the Committee with information from each Human Rights Commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

The Commission des droits de la personne et des droits de la jeunesse has provided the following main comments:

Reference to the Covenant in interpreting and implementing the Charter is part of a growing trend by human rights tribunals to use international legal human rights instruments. In the case of the Charter, this may be partly explained by the importance accorded to such instruments during the preparatory work that led to its adoption, as well as to the similar language shared by the Quebec and international standards. (26) In recent years, three decisions by the Human Rights Tribunal have confirmed the relevance of referring to the Covenant when interpreting and implementing the Charter.

In Commission des droits de la personne du Québec c. J.M. Brouillette Inc., (27) when an application was submitted by the Commission on behalf of a social assistance recipient who had been refused housing, the Tribunal cited the provisions of Article 11 of the Covenant on the right to adequate housing. Citing the indivisibility and interdependence of all human rights and freedoms, the Tribunal stated that the right to human dignity, the principle of non-discrimination, the right to an adequate standard of living, the right to choose one's residence, the right to security of the person and the right to privacy are essential for the maintenance, enjoyment and full exercise of the right to adequate housing. (28) It concluded that, in the case at hand, the landlord had not made the effort to inquire as to the renter's ability to pay and that the complainant had been the victim of discrimination based on her social condition.

In Lambert c. Québec (Ministère du Tourisme), (29) the Tribunal ruled on the provisions of previous social assistance legislation that exempted "employability development programs" from, inter alia, minimum wage standards. Deeming that such programs were, in fact, employment, the Tribunal ruled that these provisions created discrimination based on social condition as regards wages and working conditions, in violation of the Charter. In the grounds for its decision, the Tribunal referred to the provisions of Article 7 of the Covenant, which recognizes the right of everyone to the enjoyment of just and favourable conditions of work that ensure, in particular, fair wages. This case is currently under appeal.

Finally, in Commission des droits de la personne et des droits de la jeunesse c. Maksteel Québec Inc., (30) the Tribunal analyzed the right to work in the context of Article 6 of the Covenant, in which the States Parties recognize this right and agree to take the appropriate steps to safeguard it. Emphasizing the importance of work in the life of all people, the Tribunal deemed that the provisions of the Charter prohibiting discrimination founded on the existence of criminal charges should apply "[translation] not only to individuals found guilty, who are often excluded or forced out of the labour market because of prejudice, irrational fears and ignorance of their real skills, but should also extend to accused persons who are awaiting trial, as well as to those who are acquitted." (31) The Tribunal refused to accept that the inability of an employee to work because of incarceration constitutes automatic justification for termination. Under such circumstances, employers must demonstrate that they have tried to accommodate the complainant and that no such accommodation was possible without causing excessive difficulties. (32)

The Commission des droits de la personne et des droits de la jeunesse has provided the following main comments:

In order to understand the particular characteristics of the Quebec system, it must be realized that all violations of Charter rights do not lead to investigation and adjudication as provided for in that Comment. In fact, a case can be investigated by the Commission and heard by the Human Rights Tribunal only when there is an allegation of discrimination or of exploitation of senior citizens or people with disabilities. Ordinary law courts hear all other disputes in which it is alleged that a Charter right has been violated. As regards discrimination and exploitation, the Human Rights Tribunal and ordinary law courts have concurrent jurisdiction. This should be noted when determining the compatibility of Quebec's system with the requirements of the Covenant.

Furthermore, the Commission has no adjudicative function. Upon receiving a complaint, its role is to seek evidence and determine whether to encourage the negotiation of a settlement between the parties, propose arbitration of the dispute, or submit the outstanding issues to a court. It does not, therefore, "dismiss" complaints in the real sense of the term.

Although Commission statistics do not make it possible to identify trends in a cohort of complaints over time, the gross figures reveal that the number of judgements rendered annually is approximately equal to 2% of the number of files open. (33) However, this figure does not take the true usefulness of the mechanism instituted by the Charter into account. When the Commission closes a file, this is subsequent to a negotiated settlement in more than 20% of all cases. (34) The redress obtained as part of such a settlement, whether financial compensation, the cessation of the acts on which the complaint was based, or the pro-active implementation of certain measures, is similar to, if not even more varied than, that which might be sought through legal action. The unique contribution of mediation to the advancement of human rights, as well as the comparative limitations of a strictly legal approach, should not be forgotten.

The Charter also provides routes other than legal action to implement the right to equality. It specifically states that one of the Commission's responsibilities is to encourage a settlement between the parties involved. In the absence of such a settlement, the Commission must propose arbitration. Only when the parties refuse negotiation or arbitration can the Commission appeal to a tribunal. The Charter is therefore consistent with the Committee's General Comment No. 3, which establishes that the "appropriate measures" under the Covenant include not only legal remedies as such, but also "other effective remedies." (35)

Can the Government of Quebec explain how its system is different and provide an estimate of the percentage of human rights complaints in Quebec that are not dismissed?

As with human rights commissions in other provinces of Canada, the Commission des droits de la personne et des droits de la jeunesse is empowered primarily to hear cases of discrimination involving the recognition and exercise of human rights. So-called "legal action" by the Commission is therefore taken exclusively in the area of the right to equality.

The specific nature of the system for handling discrimination complaints in Quebec is based on the particular role of the Commission and the existence of a specialized tribunal, the Human Rights Tribunal.

As stipulated in the Charter of Human Rights and Freedoms, the Commission's mandate is to examine the many complaints it receives with a view to eliminating futile complaints or those that are clearly outside its jurisdiction. Its main function, however, is to investigate the merits of complaints it considers serious. This investigative role is vital because it allows for the collection and evaluation of all facts pertaining to alleged discrimination in employment, housing, and services provided to the public. The Commission is also responsible for encouraging the parties to settle their dispute amicably.

When the evidence collected is considered sufficient and no agreement between the parties is possible, only the Commission, with certain specific exemptions, can bring the case before the Human Rights Tribunal. It is the responsibility of this Tribunal, which is composed of judges from the Court of Quebec appointed because of their sensitivity and interest and expertise in human rights, to judge the merits of each dispute brought before it. When the Tribunal rules on a dispute it renders an enforceable judgement, which may include an order to end a discriminatory situation and the granting of general, compensatory, moral or exemplary damages, in accordance with the principles of civil liability applied to each particular case.

12. What is the position of the Federal Government and each provincial government with respect to whether "workfare" programs discriminate against welfare recipients and are contrary to article 2 of the Covenant.

It is out of the question for the Government of Quebec to force welfare recipients into workfare programs in exchange for their social assistance benefits. Rather, recipients are required to make reasonable efforts to regain their economic and social independence. Participation in the programs offered is voluntary. In the case of non-participation, basic benefits and certain special benefits continue to be paid. The only portion not paid is that associated with program participation.

Over a period of some years, the Government of Quebec has conducted a major reform of its labour market policy. This reform is supported by a range of active measures based, in particular, on the finding that it is desirable to provide a work income supplement. The OECD findings also demonstrate that the strategies that have the highest chances of successfully combatting the social and economic exclusion of social assistance recipients are based on the principle of reciprocity. In accordance with this principle, the State must provide recipients with benefits that meet their basic needs while maintaining labour-force entry as a desirable option. At the same time, any efforts made by recipients to regain their financial independence, particularly through work, must be supported.

Accordingly, adults receiving social assistance must be available for employment unless there are temporary or permanent constraints preventing them from doing so. They must also take the appropriate steps to find suitable employment and comply with any instructions given to that end by the Minister of Employment and Solidarity.

The Attorney General of Quebec defended section 24 of the Act Respecting Income Security, which was at issue in the Lambert case, essentially by arguing that this provision does not result in discrimination against participants in the Stages en milieu de travail program. (36) The position of the Attorney General of Quebec was that section 24 of the Act Respecting Income Security, which exempts participants in employability development measures from the application of labour legislation, does not create a discriminatory distinction based on social condition. Rather, these programs take into account each participant's ability and individual circumstances, including any barriers to labour-market entry.

Furthermore, it was argued that this distinction is not based on any kind of prejudice, given that the range of measures applicable to income security recipients made their general situation comparable, according to the evidence, to that of workers paid the minimum wage. What is more, employability development measures such as the Stages en milieu de travail program do not constitute employment. If the opposite were true, recipients who turn to social assistance because of obstacles to employability would lose their right to benefits and associated advantages, such as the right to legal aid and certain health benefits free of charge.

Mr. Lambert won his case before the Human Rights Tribunal. The Attorney General has, however, appealed this decision, and the case is currently before the Quebec Court of Appeal.

Section 24 was amended in 1995 and appears in the new Act Respecting Income Support, Employment Assistance and Social Security, where it stipulates that labour legislation applies to any activity engaged in as part of an employment-assistance measure or program, except in the cases and to the extent provided for by regulation. These amendments will come into force once the Regulation is adopted.

While legislation on government services in Quebec provides for differential access to health, education and social services based on foreign-national status, this does not deprive children of their rights to protection, assistance or education.

Children with landing rights, moreover, have access to a full range of government services under the same conditions as Canadian citizens residing in Quebec. With respect to individuals wishing to settle in Quebec permanently, the major distinction involves refugee status claimants, who are not eligible for services under the same conditions as individuals who have obtained such status.

Specific programs and exceptional measures are in effect to meet the basic education and protection needs of children claiming refugee status.

Accordingly, they have access to free education services until they reach 18 years of age, at which time the right to academic instruction in Quebec ceases. Although they are not eligible for Quebec health insurance, they have access, as in all other Canadian provinces, to the Interim Federal Health (IFH) program, which covers essential emergency health services. However, their parents may take advantage of specific income security benefits that take the presence of children into consideration, as well as the Logirente program and legal aid.

Certain emergency social services are also available: these are services required to meet basic needs, such as temporary accommodation, measures for unaccompanied minors, and the family income supplement, which is paid after the birth of a fourth child. Finally, a certain number of social and community services are provided by local community service centres (CLSCs) to everyone residing in their area of coverage, regardless of status.

Changes to social assistance since April 1995 include reductions totalling $95.5 million in 1996-1997 and $52.6 million in 1997-1998. These are targeted reductions, however: basic benefits have been maintained. Furthermore, in the fall of 1996, the government made a commitment to "zero poverty" for the most needy, i.e., those with severe employability constraints.

In addition, the most recent income security reform was embodied in June 1998 in the Act Respecting Income Support, Employment Assistance and Social Security, which is intended to simplify the income security system, make it more equitable, and have it reflect the reorganization of public employment services in Quebec. To that end, the Act provides for "measures, programs and services in the areas of manpower and employment to foster the economic and social autonomy of individuals and to assist individuals in their efforts to enter, re-enter or remain on the labour market." It also includes financial assistance programs that focus on social and/or economic reintegration and that recognize specific needs.

The reform does not involve any reductions in social assistance benefits. On the contrary, it provides for increases in assistance totalling approximately $55 million, under financial assistance programs alone. These include:

- the elimination, for single-parent families, of the reduction imposed on recipients sharing accommodation, which translates into an increase of $100 in the monthly benefit;

- the exclusion from the benefits calculation of the first $100 in child-support payments for families with children under the age of five, which translates into an increase of up to $100 in the monthly benefit;

- for purposes of harmonization with the new family allowance, a favourable revision of the accounting rules for the liquid assets that recipients can hold without their benefits being reduced;

- the establishment of a $500 supplement to be paid to individuals who enter the labour force;

- for purposes of harmonization with student financial aid provisions, a reduction in the contribution expected from the parents of young employable recipients, which translates into an increase in the social assistance benefit received by those recipients;

- an increase ($200 for a single person or single-parent family, and $300 for a couple) in the amount of work-related income that can be earned by employable individuals without a reduction in the monthly benefit.

About half a dozen other, more minor amendments should also improve the circumstances of certain categories of recipients.

This latest income reform is, in fact, the third step (37) of an integrated approach undertaken to completely revamp Quebec's policies on employment and social responsibility. Step one of this initiative involved overcoming significant barriers to work, while reaffirming the solidarity of Quebec society. It was marked by the establishment of:

- a universal and equitable drug-insurance plan, which provides access to all prescription drugs and is based on each individual's ability to pay;

- an integrated family allowance that directs assistance to the most needy families in order to help children escape poverty. By extending comparable rights and benefits to all parents to meet their children's basic needs, according to their income and irrespective of their employment or social assistance status, the new allowance creates more equity between social assistance recipients and low-income workers, thereby encouraging household heads to retain or find employment.

- a unified housing allowance that provides benefits to low-income workers with families, among others.

19. To what extent does the revoking of CAP represent a retreat from the idea of financial assistance when in need as a universal entitlement, as described in previous reports to the Committee?

The Canada Assistance Plan (CAP), which came into force in 1967, covered 50% of the provinces' income security expenditures. However, this plan was not well equipped to respond to the increase in the number of social assistance recipients caused by the last two recessions. These individuals are experiencing types of poverty in which lengthy periods of joblessness and unstable employment play a determining role. The funding provided by CAP was paid only if income security was limited to passive assistance. Even though the new Canada Health and Social Transfer (CHST) gives Quebec a certain amount of latitude as regards labour-force entry, it remains true that its introduction was accompanied by a significant shortfall for Quebec.

Recognition of the right to assistance for all persons in need, regardless of the cause of that need, has existed in Quebec since the Social Aid Act came into effect in November 1970. This legislation was the result of work by the Study Committee on Public Assistance (the Boucher Report) which in 1963 (i.e., prior to the adoption of CAP in 1996) recommended the integration of all social assistance measures within a comprehensive, universally-accessible legal framework based on the principle of need and not on the cause of the need. (38)

20. With respect to the negotiations by the Ministerial Council on Social Policy Reform and Renewal mentioned in paragraph 86 of the report, are the Federal and provincial Governments committed to restoring legal enforceability of the right to adequate financial assistance?

The Government of Quebec is not involved in these negotiations since, like all previous Quebec governments, it believes that social programs fall exclusively within provincial jurisdiction and that it is best placed to meet the specific needs of Quebeckers.

Moreover, since Question 20 relates to the repeal of the Canada Assistance Plan (CAP) and the introduction of the Canada Health and Social Transfer, it should be noted that CAP never guaranteed the right to "adequate assistance." The establishment of benefit levels was left to the complete discretion of the provinces, which did not have to adhere to any minimum standard.

21. Describe any monitoring procedures established by Governments as well as non-governmental agencies to measure the effect of the 40 per cent ($6 billion) cut in the amount of cash transferred by the Federal Government for social assistance, health and post-secondary education between April 1995 and the end of fiscal year 1999-2000. What common effects have become evident throughout Canada?

The Quebec Department of Finance is responsible for evaluating the impact of cuts in transfer payments from the federal government to the Government of Quebec.

The $6 billion reduction in transfer payments to the provinces since April 1995 has translated into a shortfall of $1.7 billion for Quebec.

Trends in Transfer Payments to Provinces for Major Social Programs

(in billions of dollars)

Impact of Cuts in Transfers by the Federal Government to the Government of Quebec Since 1982-1983, by Sector of Activity

(in billions of dollars)

The cuts have significantly reduced the financial resources available for social programs in Quebec. All provinces are facing the same constraints. In Quebec, for example:

- in the health sector, the $2.5 billion shortfall for 1998-1999 represents almost 20% of total budgetary expenditures on health and social programs;

- in post-secondary education, the amount of the federal cuts ($1.2 billion) is more than the operating budget for all general and vocational colleges (CEGEPs) and equal to that of Quebec's universities;

- finally, as regards income security, federal cuts of $700 million represent about one-quarter of the budget currently allocated to labour-force entry and social protection measures.

Despite the size of the cuts, Quebec and other provinces have done everything in their power to minimize the negative impacts on their citizens.

24. Please provide information on any provinces that require participation in "workfare"or similar programmes and describe the appeal procedures in place with respect to any disentitlement from basic necessities on this ground. Are these programs applied to single parents and, if so, what exceptions apply? Is the Committee correct to assume that these programs would have been illegal under CAP?

There is not currently any "workfare" program in Quebec, and this type of program is not provided for in the new Act.

25. For provinces applying a "work for welfare" program, such as Quebec and Ontario, please provide information concerning the application of labour standards including minimum wage and any discriminatory criteria that are applied such as age.

There is not currently any "work for welfare" program in Quebec, and this type of program is not provided for in either the existing legislation or the new Act.

However, the Committee appears to equate certain measures taken in Quebec to a workfare program. Given these circumstances, it would seem useful to provide information on these measures.

The existing legislation obliges recipients with no constraints on employability to take the appropriate steps, given their circumstances, to find a job that will allow them to regain their independence. The Minister may instruct recipients accordingly. Furthermore, recipients are obliged to accept any job offered, unless they have serious cause for refusing. In the event these obligations are not met, recipients may have their benefits reduced. This reduction may be the subject of an administrative review and an appeal before the Administrative Tribunal of Quebec.

The new Act Respecting Income Support, Employment Assistance and Social Security renews these obligations. The causes for refusing employment are specified in the Act, along with the instructions that may be given to recipients. These instructions relate, essentially, to registration with a placement service, attendance at an interview to evaluate the appropriate steps to be taken, and participation in a structured job-search activity.

The Act, which was adopted on June 19, 1998 (although not yet in force) stipulates that recipients under 25 years of age who have no children and no employability constraints must, at the earliest by September 1, 2000, take part in an Individualized Integration, Training and Employment Plan.

These plans offer measures customized to the needs of those individuals who are most vulnerable and disadvantaged in terms of employment, and who are at risk of being excluded from the labour force and society. These are mainly young people. Studies conducted by the Department of Employment and Solidarity reveal an inter-generational dependence problem: in 1997, 62% of income security recipients under age 21 came from families with a welfare history. The Plan is a dynamic support process that rewards effort and optimizes chances for success. It also reflects an awareness of the risks associated with continued reliance on income security. Some participants will opt for academic instruction; others will choose on-the-job training, apprenticeship programs, job-readiness activities, or group projects. In short, the Plan helps meet the specific needs of young people, and does not constitute a compulsory "workfare" program.

Once these measures are in effect, refusal to participate in the program without serious cause will result, not in the termination of assistance, but only in a benefit reduction. Individuals will first be given the opportunity to present their observations during an administrative review and an appeal before the Administrative Tribunal of Quebec. However, benefits will not be reduced if Plan activities are not appropriate to the circumstances or if the person had serious cause for refusing to participate.

Anyone who undertakes training or job-entry activities, for example, under the Plan, will receive an additional allowance of at least $120 per month.

The new Act also provides that, except in the cases and to the extent determined by regulation, labour law will apply to any activity engaged in as part of an employment-assistance measure or program. These aspects have been discussed in our reply to Question 12.

27. According to Statistics Canada, in 1991 over 40 per cent of people with disabilities received no employment income compared to 18.5 per cent for people without disabilities, and the unemployment statistics for people with disabilities are among the highest of all minority groups. What are the steps taken by the federal, provincial and territorial Governments to remedy this situation?

With respect to employment, various measures facilitate increased labour-force participation, both qualitative and quantitative, of people with disabilities.

The Programme des Services externes de main-d'oeuvre (approximately $5,500,000 per year) provides specialized services to people with disabilities by means of a network of some 20 establishments throughout Quebec.

People with disabilities have access to the active employment services and measures offered to all residents through Employment Quebec, an independent administrative unit of the Department of Employment and Solidarity. A maximum of $10,000 is available for each participant under all these measures.

All major social stakeholders involved in promoting labour-force participation for people with disabilities work together on the Comité d'adaptation de la main-d'oeuvre pour personnes handicapées (CAMOPH).

As part of its active labour market policy, the Department of Employment and Solidarity has established a sector-based committee to find innovative, effective means of helping people with disabilities enter the labour market. CAMOPH's Board of Directors includes representatives from the disabled community, who total seven out of 15 votes, as well as management and union associations.

The new Act Respecting Income Support, Employment Assistance and Social Security, which was given assent on June 20, 1998, takes into account the circumstances of individuals with permanent or indefinitely limited capacity for employment, such as people with disabilities, by offering a choice of equal benefits under either the Employment Assistance Program or the Social Welfare Program.

Furthermore, if individuals with such constraints re-enter the labour market, under certain conditions they remain eligible for benefits for four years after the beginning of the employment period, just as if they were registered for last-resort assistance (dental and prescription-drug services, etc.).

The Office des personnes handicapées du Québec offers various programs and activities aimed at facilitating labour market access and promoting job placement and entry.

The CIT promotes labour-force entry for people with disabilities through subsidies to employers other than an adapted work centre. This program compensates employers for expenses relating to the limitations of the individuals hired, and also provides funds for disabled access to the workplace, workstation adjustments, support, skills assessment, interpretation, and medical treatment.

The program had a budget of $10,373,770 for 1997-1998, and was given an additional $740,400 for the employment of Soutien financier program recipients under a joint project involving the Office, the Department of Employment and Solidarity, and the Department of Health and Social Services. Since April 1, 1997, this project has made it possible to convert Soutien financier program income-security benefits into wage subsidies through a CIT. The project hopes to create 300 jobs per year between 1997 and the year 2000.

Since October 1996, the program has been regionalized. As CIT grant applications are now received and examined by regional Office staff, files are processed much more quickly.

For almost 20 years, the Office has supported the development of an AWC network. These non-profit organizations employ mainly individuals whose functional limitations prevent them from being competitive in a normal business situation but who are able to work in a specially adapted environment. The Office subsidized 40 workshops in 1997-1998 under the AWC program, with a budget of $25,605,687. The program also received $2,161,893 for the employment of Soutien financier program recipients under a joint project involving the Office, the Department of Employment and Solidarity, the Department of Health and Social Services, and the Conseil Québécois des entreprises adaptées (CQEA). This project makes it possible to convert Soutien financier program income-security benefits into wage subsidies for AWC employment, and hopes to create 350 jobs per year between 1997 and the year 2000.

Under the Plan d'embauche program, all employers with 50 or more employees must, in cooperation with the employee association representative, submit a plan to the Office with a view to ensuring that a certain number of people with disabilities are hired within a reasonable time. As at March 31, 1996, there were 3,200 approved plans, covering 10,000 establishments, still active. The facets involved include recruitment, selection, job entry, re-entry of employees with disabilities regardless of the reason for the handicap, employment development for people with disabilities and job skills development.

In 1996-1997, the Office terminated the administrative operations related to the Plan d'embauche program, as the staff and effort required outweighed the largely unquantifiable results. The stakeholders agreed that the program had not produced the outcome anticipated, and that the Office should work with its partners to develop a results-based approach. Consequently, the Office has adopted a strategy consistent with the broad employment sector reform adopted by the Quebec government in 1997 when it gave assent to the Act Respecting the Ministère de l'Emploi et de la Solidarité and Establishing the Commission des partenaires du marché du travail (S.Q. 1997, c. 63).

With the recent establishment of the Montreal coordination committee on employment for the disabled, a job entry advocate for the disabled now exists in every region of Quebec. Operated by the Office, these committees are composed primarily of partners such as community-based organizations, rehabilitation centres, employment and education network resources, and employer and employee associations. As their name suggests, these committees have been founded to promote joint action on employment for people with disabilities. They develop employment-support and job-readiness projects.

Below is a summary of the main variables analyzed for the purposes of Question 28:

	1994	1995	1996	1997
1. General Rate (October 1)
Minimum Wage ($)	6.00	6.45	6.70	6.80
Relative Gain (%)	2.6	7.5	3.9	1.5
Value in 1986 $	4.60	4.85	4.96	4.95

As to the real value of the minimum wage, the table shows that changes made over the years resulted in an increase from 44% of average annual hourly wages paid in 1994 to 47% in 1995, 47.6% in 1996, and 47.8% in 1997.

In 1998, a single, unemployed individual had an annual disposable income provided by the Department of Income Security of $7,700. To this must be added a number of special benefits related to the purchase of certain dental services, glasses, protheses, and orthoses. Furthermore, because of their level of income, most recipients are exempt from paying drug-insurance plan premiums, and receive an allowance for participating in active employment or job-search measures.

30 hours/week at $6.80/hour for 52 weeks, he or she will have a gross income of $10,608;

40 hours/week at $6.80/hour for 52 weeks, he or she will have a gross income of $14,144.

In the spring of 1998, Statistics Canada announced that the low-income cutoff for a single person living in Canada in 1996 was:

On October 1, 1998, the minimum wage rose to $6.90 per hour, for a relative gain of 1.47% over the rate previously in effect. Over the last twelve months, the CPI has risen by 1.4% in Quebec.

It should also be noted that, in addition to an adequate minimum wage, low-income employees, or those likely to be paid low wages, must have financial incentives to keep or accept such positions. The Parental Wage Assistance Program (PWA) plays a useful role in this regard. The PWA allows low-income families to receive financial support so that their disposable income always significantly exceeds the amount of income-security benefits.

29. Please provide information as to the transformation of women's work to more precarious forms (part-time, homework, etc) and the economic consequences of these changes on the poverty of women, particularly young single women with dependent children.

Economic globalization and tertiarization, together with the ever-increasing use of technological innovations by business, have considerably modified the labour market. This in turn has resulted in the appearance of new, generally more flexible but less secure forms of employment. These new "atypical" forms--so called because they involve any job that is not a permanent full-time position--are primarily part-time work, temporary work, contract work and self-employment. Quebec has seen a rapid increase in such jobs, which in 1995 accounted for 29% to 36% of total employment figures.

Part-time employment is a phenomenon largely associated with the service sector, in which women predominate. In 1997, women constituted 69% of part-time employees, or almost the same proportion as in 1976 (68%), even though they accounted for only 44% of the labour force.

The proportion of women occupying a part-time job rose from 17% to 27% between 1976 and 1997. As we can see today, this is often not by choice. The figure for women working part-time because they could not find full-time work was 38% in 1995, as compared to 14% in 1976. (40)

It is believed that part-time work reduces access to upgrading and promotion, which in turn decreases the likelihood of higher wages and enhanced benefits. (41)

Temporary work represents another form of atypical employment that is becoming increasingly widespread. Although this type of employment involves a greater degree of insecurity than full-time work, because of unstable wages and fewer benefits, there are few studies or data on the matter. Overall, however, we know that the proportion of temporary jobs occupied by women fell from 67% to 41% between 1989 and 1994.

In the public sector, for example, there are more women in this category. In 1997, the total number of public service employees, including regular and casual staff, was 63,944, of which slightly more than half were women (50.5%). However, of that number, 13,560 were casual employees, of which 63.4% were women. (42)

Self-employment has also witnessed considerable growth over the past few years. In Quebec, the number of self-employed individuals doubled between 1976 and 1997. In 1997, 19% of men and 11% of women were considered self-employed (as compared to 11% and 6%, respectively, in 1976). (43) In 1996, women accounted for 31.2% of the self-employed, as compared with 19.6% in 1976.

Although this form of employment can raise a number of problems, especially as regards income stability and benefits, it remains a viable option for women who are trying to re-enter the labour force or make a career change. (44)

Between 1973 and 1995, poverty among Quebec families experienced an overall decline, (45) falling from 24.3% in 1973 to 16.8% by 1995. Single-parent families have the highest poverty rates.

While it is logical to assume that there is a link between unstable employment and poverty among single mothers, it is difficult to isolate the net impact of the rise in atypical employment on their income status. Factors such as the deteriorating global economy may have also helped increase poverty over the past 20 years. On the other hand, elements such as higher education levels among women and the increase in their general labour-force participation rate may have had the opposite effect.

The Government of Quebec acknowledges the reality of the increase in atypical employment and the worrisome poverty rate among female single parents. Accordingly, it has continued to implement measures to promote women's economic independence and reduce their level of poverty.

creation of a task force on self-employment, under the aegis of the Department of Labour and the Department of Employment and Solidarity. The mandate of the task force is to develop an action plan comprising specific financial and technical support for the development of self-employed workers;

the coming into force of the new family policy, which provides for work-family conciliation measures in particular;

THE RIGHT TO FORM AND JOIN TRADE UNIONS

Quebec's Labour Code does not discriminate between these categories of workers, and does not prohibit them from organizing or engaging in collective bargaining. Neither are any legislative amendments currently planned to limit these rights.

In Quebec, social assistance can be discontinued only where the Department is informed that the individual does not meet the needs criteria justifying the amount received. In such cases (unless it is the recipient who has provided the information), if social assistance is terminated or reduced by the Department, the latter must always give the recipient an opportunity to present observations and produce documents needed to complete the file. The recipient can then submit an application for review, at which he or she will again be able to present observations and may even be represented by legal counsel. If the recipient is dissatisfied with the decision, an appeal may be filed with the Administrative Tribunal of Quebec. While awaiting a hearing, an application for interim assistance may be filed with the Tribunal, which will then decide if such assistance should be granted. If assistance is terminated and the review is not made within 10 days, assistance is reinstated automatically.

In Quebec, most health-care expenses are assumed by the government, in particular:

physician's and midwife's fees for prenatal care and childbirth;
laboratory and other diagnostic tests (obstetrical ultrasonography);
hospital stay for mother and newborn, even in the event of a prolonged stay or major health problem;
postnatal home visit (where available locally);
vaccinations and medical care for the child.

Prenatal group meetings are usually paid for by the couple. However, several local community service centres (CLSCs) provide complimentary individual meetings for underprivileged women, at which food supplements (eggs, milk, orange juice and vitamins) are dispensed free of charge.

$259.2 million for hospital stays for mothers and newborns;
$36.0 million for services dispensed by CLSCs;
$1.8 million for government grants to non-government perinatal agencies;
$31.5 million for medical fees related to children under 1 year of age;
$66.6 million for medical fees related to pregnancy and delivery:

- $42.8 million for delivery, ultrasound and anaesthetic;
- $20.0 million for prenatal care (13 visits);
- $3.8 million for delivery by a specialist.

As part of the restructuring of the family allowance system, the childbirth grant was abolished in September 1997. The goal of the new system, which has been in effect since September 1, 1997, is to meet all basic needs of children from low-income families. The amount of the new, integrated allowance varies in accordance with family status (two-parent or single-parent), income and number of children.

As from November 1, 1998, the income security system will provide special benefits for:

pregnancy ($40/month);
feeding for children under 1 year ($50/month);
formula for newborns up to 9 months of age, and special formulas for those up to 12 months.

Changes now under consideration would increase the special benefits for feeding and formula as from the fall of 1998, extending coverage for feeding and formula to one full year. These amendments represent an additional $1.5 million per year in last-resort assistance.

RIGHT TO AN ADEQUATE STANDARD OF LIVING

The first Quebec food bank opened its doors in 1984. Since that time, ten others have been established, for a total of 11. In 1996, food banks belonging to the Fédération des Moissons du Québec distributed 19,725,000 kilos of food, as compared to 3,600,000 in 1990, for an increase of more than 500% in six years.

Quebec food banks collect unused surpluses from the food industry (manufacturers, distribution companies, wholesalers, retailers, producers) and redistribute them free of charge to agencies with direct public contact.

Far from being negative, the existence of food banks demonstrates a society's willingness to share its resources with its poorest citizens, voluntarily and free from state intervention. Food banks constitute valuable means of resource redistribution, much like government programs but without government intervention. Through their action, these agencies also help reduce waste by recycling goods that would otherwise have been lost. Furthermore, although still growing, food banks complement and sometimes even replace certain less well-known but long-established services such as those provided by religious communities.

In its policy paper on income security reform, (46) the Government of Quebec recognized that certain amounts are needed to cover housing requirements. These sums vary from $325 for a single person to $484 for a couple with two or more children. The government has also established a housing allowance enabling families with one or more dependent children, and whose housing expenses exceed a certain maximum, to obtain additional rental assistance of up to $60 per month. In one year, this measure provided 120,483 households with an average annual allowance of $564. In 1997, (47) 465,178 households receiving income security benefits declared average housing costs of $341 per month. In 1998, (48) 435,557 households declared the same monthly average.

39. What proportion of children who use food banks go hungry and how often do parents go hungry?

There are no statistics available on the use of food banks by children. However, a number of organizations exist specifically to meet the food requirements of underprivileged children. Government funds also support food services in schools, holiday camps, playgrounds and day cares.

School boards, which are responsible for delivering educational services to the primary and secondary students within their boundaries, are given supplementary allowances by the Department of Education to establish food programs such as the "school milk" program, where necessary.

School boards establish their own food policies. For example, the Montreal School Board, which governs 75% of the schools in disadvantaged areas, asks the schools themselves or community agencies to identify low-income families. Meals are provided to all children, but only those whose parents meet the relevant income criteria are allowed to take advantage of meals that are almost wholly subsidized. However, in order to allow parents to keep their dignity and to encourage a certain degree of responsibility, a small contribution is required ($.50 per pupil). This contribution is collected from all families in the same way, and the amount is paid on behalf of the parents directly to the school. In other words, neither the students nor the staff know which individuals are benefitting from the program.

It is difficult, if not hazardous, to determine the exact size of the homeless population; those figures available tend merely to constitute a rough estimate. In Quebec, the latest studies estimate that 15,000 people are temporarily or permanently without shelter in a given year.

The definition given to "homeless" obviously affects the findings. Thus, even though a figure of 10,000 is sometimes put forward for Montreal, the number of people who sleep in shelters or the streets every night probably varies between 2,000 and 3,000. The figure of 15,000 mentioned above therefore applies to all those with unstable living arrangements (homeless and/or with no fixed abode).

A recent evaluation by specialists indicates that the phenomenon has not grown significantly over the past few years. However, there has been an increase in the number of homeless women, and this population is increasingly young. The policy of de-institutionalization and increased poverty among single people with multiple problems (alcoholism, drug addiction, mental health, etc.) are also exerting pressure on existing agencies and resources.

Quebec participated in the discussions and agreed with the recommendations adopted at the 1976 Habitat I conference in Vancouver and the 1996 Habitat II conference in Turkey.

As regards action and measures for the homeless, efforts have been heightened since 1987, the International Year of Shelter for the Homeless. Since that time and until the federal government withdrew from the Private Non-Profit Housing Program, the Société d'habitation du Québec (SHQ) used the Program to build accommodation for people with special needs--a total of 1,091 units (105 projects) for low-income individuals.

Furthermore, the SHQ has provided agencies offering temporary shelter for the needy with ad hoc financial assistance. More recently, the Québec Social Housing Fund has established a program for low-income earners in need of both housing and special housing assistance.

The SHQ has also assisted a Montreal agency that manages a 193-unit development for single, homeless individuals with multiple problems. A recently-completed impact assessment indicates that housing and community support contribute significantly to the quality of life of these individuals.

The SHQ is currently working with a provincial research sub-committee and the Quebec City coordination committee on the homeless, ensuring liaison with community organizations. More recently, another committee composed of representatives from the SHQ, the Department of Health and Social Services, and the Department of Public Security was created to assess the interdependence of sectoral policies in this regard.

The problem of the homeless is of major concern in Quebec, and has consistently formed a vital aspect of government deliberations and action, especially since 1987.

Our data is no more recent than that furnished by the National Council of Welfare.

However, driven by the 1990-1991 recession and major modifications to the federal employment insurance program, as a result of which barely 40% of all unemployed are now eligible for benefits, the number of households on social assistance reached a high of 486,217 in February 1996--for a welfare rate of 12.6%. During that time, those most affected were families with children, applicants between 30 and 55 years of age, and women. The answer to Question 29 also contains pertinent information with respect to the status of women.

In March 1997 the trend was reversed, and in May 1998 (49) there were 435,577 households receiving income security benefits, for a total of 711,989 individuals. Although high, this figure marks a major decline in the number of households that depend on social assistance--a decline due mainly to the economic recovery. Of that number, there were 85,717 single-parent families (19.7% of all income security recipients), 217,090 children (30.5%), 4,515 natives and 109,993 adults with physical or mental disabilities. Taking into account the total population of Quebec in 1997, (50) approximately 9.6% of Quebeckers receive financial assistance in the form of income security.

Among the reforms of the past few years, one has been directed specifically at child poverty. A new family allowance has been established to direct financial assistance to families who are most in need. Comparable rights and benefits are granted to all families according to income, regardless of employment or social assistance status, to meet the basic needs of their children. By combining the new family allowance with the federal child tax benefit, the basic needs of children of single-parent families can be met up to a maximum of $15,332. Above this threshold, the allowance is reduced progressively. Program design also encourages household heads to keep working or re-enter the labour force.

As stated previously, Statistics Canada's low-income cutoff is a line below which more than 20%-above-average levels is spent on food, housing and clothing.

By way of information, the reports of the National Council of Welfare (51) indicate that the difference between social assistance benefits and Statistics Canada's low-income cutoff remained almost constant in Quebec from 1993 to 1995. In Quebec, benefit amounts are based on a study of expenses incurred by a reference group of low-income workers to meet basic needs (food, housing, personal care, clothing, recreation, culture, etc.). In the case of employable recipients, these needs are met by government benefits and work income that can be earned without reducing benefits.

Lastly, we should mention that the tax system can have a major impact on poverty, especially as regards the working poor. Further to the tax reform announced in the last budget speech, 200,000 households were exempted from paying income tax.

51. It has been reported in Canada, close to one in four persons with disabilities lives below the poverty line. What are the steps taken by the federal, provincial and territorial governments to remedy this situation?

Assistance under the Soutien financier program, which is granted to a number of people with disabilities, is indexed on an annual basis. This is justified by the "zero poverty" clause, a commitment made at the Summit on the Economy and Employment, which brought together government, business, union and community group representatives in the fall of 1996.

Summit participants agreed on the need to convert social benefits into active employment measures. Access to paid employment, where possible, represents the principal means of eliminating poverty for people with disabilities. Various measures taken by the Department of Employment and Solidarity and the Office des personnes handicapées facilitate labour-force entry and access to higher income.

Both the Contrat d'intégration au travail (CIT) program and the Adapted Work Centre (AWC) program also help people with disabilities enter the job market and earn more. As mentioned previously in our answer to Question 27, additional budgets available under these programs since April 1, 1997 are aimed specifically at Soutien financier program income-security recipients.

Once it was established, the Office des personnes handicapées du Québec developed material resource programs to offset the supplementary costs related to disabilities and impairments, regardless of income. At present, the Office is completing program transfers to the individual departments involved. People with disabilities now have access to basic assistance for independent living (e.g., home-care services, family support offered by the health and social services network) as well as home and vehicle adaptation programs, etc.

As regards specific action to offset the costs associated with impairments and disabilities, two changes have occurred over the past year: improvements to certain fiscal measures for people with disabilities, and the establishment of a public drug-insurance plan.

In their 1997 budget speeches, both the federal and Quebec governments announced broader eligibility criteria for costs under the existing medical expense tax credit. Individuals may now deduct expenses such as the purchase of an adapted minivan or air-conditioner, a move to more accessible accommodation, modifications to the access to a principal residence, the hiring of a sign-language interpreter, etc. As of the 1998 tax year, anyone who takes a training course to give care to a spouse or dependent may include the cost of that training under medical expenses.

For people with disabilities who have no health-care insurance or were not insurable by private insurance companies, the new drug-insurance plan constitutes a major improvement to their financial status.

To that end, the government has developed standards and regulations governing universal accessibility to buildings, and has introduced new tax credits to compensate individuals who assume major medical expenses. It subsidizes private home adaptations through the Residential Adaptation Assistance Program (RAAP) and the Home Adaptations for Seniors Independence program (HASI), and has made specially adapted public housing available to people with disabilities. The government also supports research, disseminates information, and makes its partners aware of the problems of such individuals.

More specifically, the SHQ provides support for people with disabilities and those with a limited capacity for self-supervision and self-care through the following programs:

In 1997, the SHQ subsidized the adaptation of 588 housing units at a total cost of $5.4 million. Since 1991, the year the program was transferred to the SHQ, about 5,000 units have received funding for such work.

As of December 1997, there were 977 low-cost housing units adapted for people with disabilities, and 189 for seniors with a limited capacity for self-supervision and self-care.

Since 1992, all new projects for seniors have complied with the concept of universal accessibility. As regards those for families, only ground-floor units offer universal accessibility, when there is no elevator.

As of December 1997, among those housing units managed by cooperatives and non-profit organizations, 1,326 were adapted, including 805 intended specifically for seniors with a limited capacity for self-supervision and self-care and 521 for people with disabilities or temporary clients. There were also 518 non-adapted units for seniors with a limited capacity for self-supervision and self-care.

As of December 1997, there were 42 housing units adapted to the needs of native people with disabilities.

52. What are the implications of removing civil legal aid from federal/provincial cost-sharing, which was previously under CAP? Do restrictions on civil legal aid deny the right to benefit from effective remedies in the case of violation of their economic and social rights or result in a "hierarchy of rights" with respect to access to justice?

The federal government's withdrawal from civil legal aid cost-sharing has obliged the Government of Quebec to review coverage for eligible services.

The scope of the protection specifically granted under section 7 of the Canadian Charter, as regards certain economic rights related to the security of the person, has not yet been established in Supreme Court jurisprudence. In Quebec, section 45 of the Charter of Human Rights and Freedoms guarantees that:

"45. Every person in need has a right, for himself and his family, to measures of financial assistance and to social measures provided for by law, susceptible of ensuring such person an acceptable standard of living."

Since June 1998, the legislative framework to which this section refers has been the Act Respecting Income Support, Employment Assistance and Social Solidarity. In addition to this basic framework, several social measures in Quebec help ensure an adequate standard of living for all individuals and their families, including sufficient food, clothing and shelter, as well as the continued improvement of living conditions (section 11 of the Covenant). For example, like the other Canadian provinces, Quebec has both a universal health-care system and a drug-insurance plan. A number of laws are geared to ensuring income replacement and compensation benefits for victims of crime, automobile accidents and occupational injuries. Quebec has a public education system that gives all children access to free primary and secondary instruction, and a system of loans and bursaries is available to those who wish to pursue their studies at the university level. Quebec has recently established a universal system of child-support payment collection. Under this system, payments are based on the fair and equitable amounts both parents must contribute in order to meet the needs of their children, in accordance with the means at their disposal.

RIGHT TO HEALTH

Access to health care in Quebec is a universal right for all Quebeckers, regardless of income. We have no evidence of restrictions on access to health care for the poor.

With respect to the two questions above, it is well known that psychiatric patients comprise a certain proportion of the homeless population. In Quebec, changes to the mental health system, which will be undertaken shortly in each region, are geared toward the transfer of mental health services and their respective budgets to community institutions and agencies. This exercise is intended to reduce or eliminate the problem.

A survey is now being conducted by Santé Québec in Montreal and throughout Quebec to determine the characteristics of health problems among the homeless. Once the findings are known, the appropriate measures will be taken.

The Quebec drug-insurance plan, which became effective on January 1, 1997, covers all drugs needed to treat all diseases, including HIV/AIDS.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

Modifications to Quebec's health and social services network were required to adapt services to changing needs and technological developments.

As stated in a report by the Quebec College of Physicians (August 31, 1998), despite the usual inconveniences related to such a transformation, service quality has been maintained.

Furthermore, in order to counter certain related accessibility problems, the government has re-injected some $100 million dollars into specific sectors such as youth services, front-line care, and measures to reduce waiting lists.

In another vein, the government also made the maximum contribution to the drug-insurance plan payable monthly for everyone ensured by the Régie de l'assurance-maladie du Québec, i.e., income security recipients, seniors, and all those not covered by group insurance, which includes a large number of unemployed, adult students and hard-to-ensure individuals (pre-existing conditions).

The Department of Health and Social Services has also announced four groups that are to receive special government attention: youth, seniors, people with disabilities and people with mental health or drug-addiction problems.

RIGHT TO EDUCATION

Data on tuition fees in Canadian universities indicate that Quebec fees for full-time students rose from $948 in 1990-1991 to $1,682 in 1994-1995, for an increase of 77.4%. In the other provinces, average tuition fees over the same period rose from $1,662 to $2,386, or 43.6%.

However, tuition fees in Quebec universities remain substantially lower than those now in effect in the other provinces.

Quebec fees, which had remained at the same level from 1968 to 1989, "caught up" between 1990 and 1995. Since 1995 they have been frozen, whereas they have risen an average of 10% annually outside the province. In 1990-1991, Quebec tuition fees represented 57% of the average figure for universities elsewhere in Canada; in 1997-1998 the figure was 53%.

60. At paragraph 372 of the report, the Government reports on the results of the International Adult Literacy Survey (IALS) conducted in 1994 in Canada. Almost half of Canadians would appear to lack the minimal literacy skills necessary for coping and managing in such basic activities as, for example, comprehending a bus schedule. Can the Government provide the Committee with an estimate of the number of Canadians who are currently receiving literacy training and describe any strategies that are being considered to deal with this problem?

Since 1987, Quebec's Department of Education has offered a literacy program that was updated in 1992 with the coming into force of the Basic School Regulation Respecting Educational Services for Adults in General Education.

Over the years the range of service delivery sites has been broadened considerably, and instructional tools have been adapted to need, particularly as regards workplace literacy and prevention.

In 1998, the Department undertook a complete review of the literacy program with a view to extending goals and content beyond the simple acquisition of reading, writing and math skills. Accordingly, greater emphasis will now be placed on scientific, computer and political literacy.

In 1998-1999, Quebec intends to propose a government policy on continuing education, a priority of which will be literacy. The policy involves action in the fields of illiteracy prevention, growth and diversification of adult services, and maintenance of reading skills among youth and adults.

In 1996-1997, more than 38,000 people were enrolled in literacy activities offered by school boards and community organizations alike.

RIGHT TO CULTURE

In Quebec, the James Bay and Northern Quebec Agreement (1975) and the Northeastern Quebec Agreement (1978) resulted in the creation of school boards specifically for the Inuit, Cree and Naskapi Nations. These bodies operate much as other school boards in the province, however, they have specific powers allowing them, in particular, to conclude agreements on postsecondary education and to develop courses, manuals and teaching materials designed to preserve and perpetuate Aboriginal culture and language.

For almost 20 years, Quebec's Education Department has promoted materials and events describing the current way of life of the Aboriginal Nations. These materials are distributed in schools throughout the province.

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II. Other matters

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QUEBEC

First, the Minister does not order recipients to use a portion of their benefits to pay rent. The issue is submitted to a tribunal -- the Régie des Logement -- which, in the event of a failure to pay rent, determines if the Minister responsible should be ordered to pay a part of the benefit directly to the lessor for rent owing, if there is security of tenure.

This measure is intended to counter the discrimination to which social assistance recipients may be exposed by landlords, who refuse to rent them accommodation on the pretext that there is no recourse in the event of unpaid rent.

The decision on whether to implement the measure is left entirely to the discretion of the Régie des Logement which weighs the circumstances accordingly;

In order to have the measure implemented, the lessor must waive the right to terminate the lease for unpaid rent owing, which allows the lessee, unlike other tenants, to avoid the possibility of eviction;

The order cannot cover a period of more than two years (it can also apply for less than two years, should the Régie so decide);

For some years now, youth and heads of single-parent families have been targeted as priorities for entry into the labour force.

With respect to heads of single-parent families, income security reform has been part of an integrated effort to review employment and social responsibility policies. Several measures are aimed at making treatment for the working poor more equitable in relation to that given income security recipients, as well as at reducing the obstacles to labour-force entry. For household heads in general, and heads of single-parent families in particular, the universal drug-insurance plan, new family allowance, unified housing allowance and increased number of reduced-contribution daycare spots makes it easier to stay employed or find employment.

As for unemployed youth, Quebec is putting the finishing touches on a network of 99 special training and employment centres for young people (CJEs), and in 1998-1999 will allocate $28 million to the project. In June the Government of Quebec also announced a "1998-2001 Youth Action Plan" that is geared mainly toward providing young people lacking entry-level job skills with greater access to training mechanisms, increasing the number of bridges between training and the labour force, and broadening the spectrum of measures for youth with specific economic and social integration problems. The action plan comprises more than 70 measures and represents an investment of almost $430 million over the period in question.

Most of the measures are too recent to have been the subject of impact assessments.

72. Apart from the "Programme d'enseignement des langues d'origine (PELO)" what has Quebec done to provide educational services to Aboriginal (52) minorities, other than French- or English-speaking Québecois?

Almost all Quebec Aboriginal communities have schools providing primary and secondary instruction. The curricula offered are adapted to the culture and language of the various Nations in question.

For postsecondary students, Quebec's Department of Education provides funding to colleges and universities servicing an Aboriginal clientele for orientation and integration structures and specific programs.

In order to promote the integration of Aboriginal populations, and to give individuals with determination and ability access to postsecondary education, the Department has also developed the following programs:

Members of Indian and Inuit communities have particular education needs that require certain adaptations be made to teaching and teaching-related practices, as well as special social support. This program is aimed at helping CEGEPs establish measures that facilitate access to postsecondary studies for Aboriginals in their first year of college. The program budget in 1997-1998 was $313,000, allocated among 10 CEGEPs.

Since 1996-1997, the Department of Education has provided financial support to CEGEPs that offer experimental orientation and integration programs tailored to meet the needs of Inuit students. In order to encourage socialization and the gradual exploration of various courses of study, students can eventually elect to obtain their senior matriculation (DEC) or go back to their community equipped with valuable knowledge and skills. The program involves about 15 students annually, and the amount granted is approximately $70,000, in addition to a sum of $30,000 provided under the Aboriginal Orientation and Integration Program described above.

In addition to the specific training programs offered by universities, financial assistance is granted to related projects. In 1997-1998, the following activities were subsidized:

Certificate in Social Work (Inuit) $40,000
Certificate in Social Service (Mohawk) $72,000
Aboriginal Peoples' House $28,000
FSL Training for Aboriginals $15,000
Certificate in Social Work and Psychological
Re-education (Cree) $200,000
"Nionatta Project" - Abenaki Cultural Enhancement $25,000
Certificate for Economic Development Officers
in Aboriginal Communities (CANDO) $5,000

NEW BRUNSWICK

4. Please provide details as to how the government responded in cases where plaintiffs invoked their rights under the Covenant to interpret Charter rights and provide any information about cases in which the government or the Court interpreted the Charter in light of the Covenant. Please include information about: Masses v. Attorney General of Ontario, Clarke v. Peterborough Utilities Commission, Falkiner v. Attorney General of Ontario and Gosselin v. Quebec.

We are not aware of any cases relevant to this question involving the government of New Brunswick, except perhaps Godin v. Minister of Health and Community Services, et al., and in that case no mention was made of the Convention. In Godin, a parent (mother) claimed the right to state-funded counsel on an application by the Minister of Health for interim custody under the Family Services Act. The applicant based her claim, inter alia, on the ground that her liberty interests (as a parent to retain custody and control of her children) under section 7 of the Canadian Charter of Rights and Freedoms had been impaired: the Minister was represented by counsel, as were the children. The Court of Queen's Bench refused the claim by the applicant and a majority of the Court of Appeal dismissed her appeal. The Supreme Court of Canada granted leave to appeal. The appeal is scheduled to be heard on November 10, 1998. A number of provinces and other parties have intervened.

New Brunswick does not in practice become involved in litigation in the courts of other provinces and was not involved in the cases to which you referred (Mase; Clarke; Falkiner; and Gosselin).

10. Please provide an estimate of the percentage of human rights complaints filed with each Human Rights Commission in Canada which are adjudicated and explain how this is consistent with the Committee's General Comment No. 3, para. 5. Can the Government of Quebec explain how its system is different and provide an estimate of the percentage of human rights complaints in Quebec that are not dismissed?

Pursuant to s. 12 and 18 of the New Brunswick Human Rights Act the New Brunswick Human Rights Commission is required to fully manage all complaints made to it. As reflected in recent annual reports of the Commission, this function has become a very busy one.

For example, in 1994-95, the Human Rights Commission managed 580 informal and 101 formal complaints; in 1995-96, 421 informal and 122 formal complaints; and in 1996-97, 399 informal and 189 formal complaints.

The Government of New Brunswick does not have an official position on workfare, nor does it currently practice workfare.

To date, neither the Government of New Brunswick nor the New Brunswick Human Rights Commission has taken a position with respect to this issue. This issue was addressed in a 1989 report entitled "Towards a World Family: A Report and Recommendations Respecting Human Rights in New Brunswick", wherein it was recommended that "consideration be given to the inclusion of social condition or social origin as a prohibited ground of discrimination" in the New Brunswick legislation. The Report also recommended "source of income" be a prohibited ground of discrimination in the New Brunswick Act.

New Brunswick has not cut social assistance rates since April of 1995. In fact, the Province has introduced several initiatives which strongly support clients:

Household Income Policy: This policy allows eligible clients to share accommodations without a reduction in benefit for either client.

New Brunswick Child Tax Benefit and Working Income Supplement: As of October, 1997, low income families with children (including those families on social assistance) are eligible to receive the NB Child Tax Benefit, equivalent to $250 per year per child and delivered monthly via the federal child tax benefit cheque. In addition, low income earners with children are eligible to receive the NB Working Income Supplement, a benefit of up to $250 per year per family.

20. With respect to the negotiations by the Ministerial Council on Social Policy Reform and Renewal mentioned in paragraph 86 or the Report, are the federal and provincial governments committed to restoring legal enforceability of the right to adequate social assistance?

The right to assistance in New Brunswick is established under subsection 3(2) of the Family Income Security Act. This right also existed under the Social Welfare Act and continues to exist, independently of any Federal legislation.

21. Describe any monitoring procedures established by government as well as non-governmental agencies to measure the effect of the 40% ($6 billion) cut in the amount of cash transferred by the Federal Government for social assistance, health and post-secondary education between April 1995 and the end of fiscal year 1999-2000. What common effects have become evident throughout Canada?

No official monitoring procedures have been established by the government with the specific purpose of measuring the effect of the cut in the amount transferred by the Federal Government for post-secondary education.

With respect to post-secondary education at the universities, the reduction of Federal transfers was not passed on. For the most part, the Province maintained the funding level to universities. In 1996-97, 1997-98 and 1998-99, the provincial operating grants to New Brunswick universities, allocated by the Maritime Provinces Higher Education Commission (MPHEC), were reduced by only 2% each year.

The universities were concerned even with this level of reduction and raised tuition fees - in two instances generating an increase in revenue considerably in excess of the operating grant reduction. This has, as a result, affected student debt load. The MPHEC has just completed a major study on access which identifies a concern that rising tuition fee levels are impinging on the decision of whether or not to pursue university education by students from lower income families.

With respect to the New Brunswick Community College system, reductions in Federal transfers were felt in the form of elimination of direct-seat purchases for Human Resource Development Canada (HRDC) clients, and in reductions in contract training (complete "blocks" of training, of varying lengths and in various occupational areas, on a full-cost recovery basis).

Although there has been no "formal" study done on the impact of same, a quick look at these two funding sources indicates a loss of revenue of over $2.5M annually in direct-seat purchases, and gross reductions in contract training of approximately $14M-$15M from 1993-94 to 1997-98. Eighty percent of this reduction can be attributed directly or indirectly to the reductions in federal involvement.

Since 1995 the Province has maintained the level of funding for health, social assistance and post-secondary education. Given the cuts in the amount of cash transferred by the federal government, reduction in funding for other areas of government have been necessary. In addition, efficiency in the delivery of social programs has also been improved through better methods and technology.

24. Please provide information on any provinces which require participation in workfare" or similar programs and describe the appeal procedures in place with respect to any disentitlement from basic necessities on this ground. Are these programs applied to single parents, and if so, what exceptions apply? Is the Committee correct to assume that these programs would have been illegal under CAP?

25. For province applying a "work for welfare" scheme, such as Quebec and Ontario, please provide information concerning the application of labour standards, including minimum wage, and any discriminatory criteria that are applied, such as age.

27. According to Statistics Canada in 1991 over 40% of people with disabilities received no employment income compared to 18.5% for people without disabilities and the unemployment statistics for people with disabilities are among the highest of all minority groups. What are the steps taken by the federal, provincial and territorial governments to remedy this situation?

In terms of tax policy, New Brunswick has provided a tax credit for vehicles modified to accommodate wheelchairs or auxiliary controls which facilitate the operation of a vehicle by disabled persons.

28. Please provide information as to the minimum wage rate in various provinces and territories and any changes in its real value over the last few years. Please indicate how the income from a full time job at minimum wage compares with the poverty line. What do the federal and provincial governments intend to do to ensure that minimum wages are adequate?

Following is a breakdown for different areas of the Province.

Jurisdiction	Income at Minimum Wage (min.wage x full-time week) x 52	Low-income cut-off (53) (family of four)
Saint John, Moncton, Fredericton	($5.50 x 44) x 52 weeks= $12,584	$27,338
Bathurst, Edmundstom, Fredericton	($5.50 x 44) x 52 weeks= $12,584	$24,922
Rural areas	($5.50 x 44) x 52 weeks= $12,584	$21,690

The Department relies on the Minimum Wage Board, (which consists of three employer representatives, three employee representatives, and a chairman,) to ensure that a fair minimum wage is maintained for all New Brunswickers.

Women in the labour force is an important issue for the Department. There are several items of interest, including (54);

Part-time work has increased over the last decade, especially for young women. For those women aged 15-24, part-time employment now accounts for over half (51%) of all employment, compared to 39% for men the same age.

Women were more likely than men to choose part-time work because of family or personal reasons, and were more likely than men to choose part-time work because they could not find full-time work. Women also tended to spend more time than men in unpaid child care.

Part-time work usually equates to less earnings, and less benefits. For young women with children, this could mean significant economic consequences. The Department has tried to address these concerns through several initiatives, including;

Child Care Leave, where the provincial Employment Standards Act was amended to entitle working parents a 12 week child care leave to help them care for a newborn or newly adopted child.

NB Works program, where parents on social assistance are provided the opportunity to upgrade their education and skills to help them compete on the labour market.

Summer Mentorship Program for Female Students, where female students are provided the opportunity to be mentored by civil servants working in non-traditional or senior level jobs. The Department of Labour is represented on the Interdepartmental Committee on the Status of Women, where womens' issues are discussed.

31. Please provide information regarding the rights of farmers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. Is there any justification for denying these workers collective bargaining rights accorded to other workers?

There is nothing in our current Provincial labour legislation that prohibits farmers and domestic workers from organizing and bargaining collectively.

35. Are there provinces in Canada in which a person in need of financial assistance may have such assistance discontinued without a hearing or be denied interim assistance for basic necessities pending a hearing before an impartial adjudicator? Please provide information as to any cases in which this issue has been considered by the court and the positions taken by responding governments in these cases.

Clients or applicants may request a review and appeal of any decision affecting their level of assistance with the exception of emergency items of special need. The appeal is before the Regional Family Income security Appeal Board, an independent quasi judicial tribunal charged with rendering decisions under the Family Income Security Act. The Department has never provide bridging assistance pending the outcome of an appeal hearing.

36. Please estimate what it costs on average to meet the special needs arising from pregnancy and caring for a newborn, including special dietary needs, etc. Are these special needs provided for in social assistance rates for pregnant women? Please provide information about any changes in these benefits.

The Department of Human Resources Development - New Brunswick does not provide special dietary supplements for pregnant women. However, at 7 months of pregnancy, the mother is eligible for a rate increase to whatever rate applies to the new family size. The Department also provides infant formula for the 5th and 6th months of the baby's life. Public Health pays for some special formula for children under age 18, and through the Early Childhood Initiatives Program (Department of Health and Community Services), formula is provided for children under 5 months. The Department of Health and Community Services also promotes breastfeeding through various program initiatives.

37. The Committee has received information that food bank use has continued to increase in Canada and has approximately doubled over the last ten years. Can the Government explain why the number and use of food banks has continued to increase? Does the Government consider the need for food banks in so affluent a country as Canada consistent with article 11 in the Covenant?

While New Brunswick does not promote the use of food banks, it also recognizes that food banks have arisen at the community level to meet a perceived need. The Province funds 49 Community Voluntary Agencies, many of which are food banks, by approximately $1 million per year.

The Department of Human Resources Development has introduced to the Income Supplement Program to assist families who spend more than 30% of their basic assistance on shelter expenses. This supplement, $90 per month for 6 months of the year and $60 per year for the remainder, goes a long way in assisting families with high shelter expenses.

39. What proportion of children who use food banks go hungry and how often do parents go hungry?

The report of the Commission on Excellence in Education, released in May 1992, recommended that: mothers who are "young, poor and single have access to good pre-natal care and nutrition" and that "nutrition programs be made available to children in need as they move through pre-school programs and into the school system".

Provincial programs delivered through the Department of Health and Community Services which were implemented or enhanced in response to these recommendations include: enhanced Pre- and Post-Natal Screening, the Pre-Natal Nutrition Program (providing nutrition education, counselling and nutrition supplements (milk and vitamin-mineral supplements) for "at-risk" pregnant women) and the Post-Natal Nutrition Program (providing post-natal nutrition supplements for "at-risk" breastfeeding mothers and infant formula for up to four months for infants not being breastfed).

Also under Excellence in Education, a sum of $300,000 annually has been budgeted since 1992 for nutrition initiatives within the New Brunswick public school system. These funds have assisted with the implementation or expansion of school-based breakfast and hot-lunch programs in elementary schools. Three follow-up surveys were conducted to evaluate the effect of this initiative on access to nutrition programs specifically for pupils in need.

- establishing a School District Food and Nutrition Committee in each district, responsible for implementation of the Department's Food and Nutrition Policy (released in 1991 and currently under review) and

- focusing on partnerships with business, communities and the Department of Health and Community Services to meet local needs on a long-term basis.

In February 1992, the School Milk Program was launched in partnership with the New Brunswick Milk Marketing Board and the N.B. Milk Foundation. This partnership with the dairy industry has resulted in an agreement to supply milk to New Brunswick schools at a maximum cost of $0.35 for a 250ml carton of 2% plain or chocolate milk or $0.30 for a 207ml glass. Many schools have added their own initiatives to reduce the cost even further. In addition, over 100 milk coolers were supplied to New Brunswick schools in conjunction with this program.

In 1996, Premier Frank McKenna established the Provincial Advisory Committee on the Enhanced Nutrition Education for New Brunswickers. The mandate of this interdisciplinary working group was to develop and implement a strategy to improve access to nutrition education to low income families. Recent activities have included: organization of a two-day workshop for professionals on food security, completion of a draft of a nutrition education train-the-trainer program, a breastfeeding train-the-trainer program, release of a new Health and Community Services policy statement on breastfeeding and establishment of a provincial breast-feeding advisory committee. Breastfeeding is the most important guarantee of food security.

An ongoing, supportive relationship between Health and Community Services and Education has resulted in the organization of an annual, province-wide school health campaign as well as work within individual schools.

Key strategies in Canada's national nutrition plan document (Nutrition for Health: An Agenda for Action, 1996) are being considered by the Department of Education.

Our schools use varied approaches to ensuring that the dignity of pupils and parents is maintained. Generally, when lunch and breakfast programs are established, these serve all pupils. In some cases, pupils who are not able to pay for food have the opportunity to earn money through employment at the school. In other schools, nutritious snacks are made available to any pupil who is hungry; due to financial need or otherwise. Some schools have developed partnerships with community groups and are able to routinely supply snacks at recess time to all pupils.

42. Please provide information on any disparities between Aboriginal housing and other housing with respect to piped water, flush toilets, need for repairs and other indicators of adequacy.

The provincial government does not have responsibility for housing on Indian reserves; see the federal response regarding on-reserve housing. With regard to housing for Aboriginal people who do not live on Indian reserves, the provincial Department of Municipalities and Housing does target the off-reserve Aboriginal population in the delivery of its social housing programs. Program delivery for this component of the provincial social housing programs is carried out by an Aboriginal housing agency.

The purpose of housing legislation and the principles upon which it is founded continues to be based on the following premise: to ensure that Canadians in all parts of the country have equitable access to suitable and adequate shelter at a price they can afford.

Housing in Canada is primarily provided through the private market system. Households access housing either through purchase of property or access of rental accommodation leased from private owners. Both forms of tenure are protected under provincial legislation relating to property and civil rights. Within the private housing market, the role of government housing policy has been primarily to assist and facilitate the effective functioning of the private market. In this regard, programs have been developed by the province to stimulate private construction and to assist potential owners in accessing sufficient down payment requirements in order to obtain conventional mortgage financing. Where the private market system has been unable to meet the need then programs for assisted housing have been developed.

In 1994 federal and provincial budgets for new social housing development were constrained at existing levels, with a few exceptions. New Brunswick continues to fund new commitments under the Rent Supplement and Basic Shelter programs and in 1997 signed the Social Housing Agreement transferring full responsibility of the federal and provincial social housing portfolio to the province.

New Brunswick also continues to cost share and deliver the RRAP program to households in need. A specific allocation has been identified to rehabilitate existing rooming house accommodation, a stock which typically houses individuals at risk of homelessness.

48. According to the 1996 Report of the National Council of Welfare (Poverty Profile 1996), 91.3% of families led by single-parent mothers under 25 live below the level of poverty. Child poverty is at a 17 year high of 20.9% meaning that nearly 1.5 million children live in poverty in Canada. Although the last recession ended in 1991, poverty rates have risen steadily since then. Please provide to the Committee the most up to date information on single parents, children, people with disabilities and Aboriginal people and explain how this unacceptable situation has been allowed to occur?

The National Council of Welfare use Statistics Canada's Low Income Cut-Offs (LICOs) as their official measure of poverty. Given that Statistics Canada itself does not recognize these cut-offs as poverty lines per se, New Brunswick does not either.

Following are the applicable statistics for New Brunswick's social assistance caseload (July 1998):

Single Parents : 10,993
Children 0-17yrs : 23,734
Certified Blind or Disabled : 5,942

50. What measures did the federal and provincial governments take to follow up on the recommendations of the Committee in 1993 to reduce the gap between welfare rates and the poverty line? Has this gap been reduced? If not, what is the explanation for the government's failure to address this pressing need during a time of relative economic prosperity?

Since 1996, the disposable income for one- and two-parent families on social assistance has exceeded the increase in the Consumer Price Index for food clothing and shelter. This represents a modest improvement for these families.

51. It has been reported that in Canada, close to one in four persons with disabilities lives below the poverty lone. What are the steps being taken by the federal, provincial and territorial government to remedy this situation?

HRD-NB recognizes that disabled persons have special requirements and expenses that do not apply to the rest of the population. To that end, the Department has introduced an exemption to the Household Income Policy for clients designated Blind or Disabled or who meet the eligibility criteria for long term designation. This allows these individuals to pool resources without having their individual cheques reduced.

The Department continues to provide education, employment and training opportunities for disabled clients to become ready to pursue career goals through the TESS (Training and Employment Support Services Program).

Provincially, issues concerning persons with disabilities are addressed through the Premier's Council on the Status of Disabled Persons. The Council reports, and advises, directly to the Premier on these issues, and promotes areas which include the prevention of disabling conditions and employment opportunities for persons with disabilities.

The Department of Labour offers Employment Services for Persons with Disabilities. These services include researching and developing marketing strategies to increase the participation of persons with disabilities in New Brunswick's labour force. Specifically, we provide a data bank of qualified candidates and consultation services for employers, as well as employment counselling, referrals and placements for persons with disabilities. We have also established a website at http://www.gov.nb.ca/aelempl-va-hv.

New Brunswick did not qualify for CAP funding because our Domestic Legal Aid Program has no financial criteria. However, the scope of the Program could be made broader if funds were available.

53. In 1993 the Government informed the Committee that section 7 of the Charter at least guaranteed that people are not to be deprived of basis necessities and may be interpreted to include rights under the Covenant, such as rights under article 11. Is that still the position of all governments in Canada?

Patients are either discharged from the psychiatric hospital setting or from the psychiatric units of the region hospital corporations.

Patients discharged from the psychiatric hospital setting undergo a screening and evaluation process to ensure their needs are appropriately being met at the location where they will reside in the future. According to the Discharge Report from one of the two psychiatric hospitals for April 1, 1993 to March 31, 1998, the discharge breakdown is as follows: 70% of patients were discharged to a Residential Facility, 12% were deceased, 6% returned to a family member or relative, 5% were discharged to another hospital, 3% were discharged to some other location, and 3% were discharged to a community residence.

Psychiatrists are responsible for discharging patients who are admitted to the hospital psychiatric units.

An initiative is currently underway by the Mental Health Services Division to ensure mental health workers from the community sector are involved in the admitting and discharge processes at the hospital. The mental health worker would be involved at the point of entry (Emergency Department) to assess and redirect the patient to a community mental health centre, where appropriate. Also, the mental health worker would be involved in the discharge of patients from the hospitals' psychiatric units to ensure appropriate services are in place once discharged.

New Brunswick is a relatively small province whose population is primarily living in rural areas or small to medium-sized cities. This, in addition to the fact that almost 50% of the total mental health resources are devoted to community programs, facilitates the identification, assessment, and follow-up with the at-risk groups such as the homeless.

57. To what extent is increased reliance on expensive drug therapy for HIV/AIDS and other illnesses eroding universal access to healthcare? Will programs such as pharmacare be introduced to cover drug cost?

The Department of Health and Community Services provides prescription drug coverage to those New Brunswickers who can least afford the cost of medications. This program, the Prescription Drug Program (PDP), provides coverage to the following groups of individuals:

- senior citizens who receive Old Age Security and the Guaranteed Income Supplement, or who will qualify for benefits based on annual income;
- nursing home residents;
- clients of Human Resources Development - New Brunswick;
- children in care of the Minister;
- eligible individuals registered with the PDP:
who have cystic fibrosis;
are organ transplant recipients;
require human growth hormone; or
who are HIV positive.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

The Department of Health and Community Services has developed a Corporate Plan which guides program development and modification. The Vision of the Corporate Plan speaks to the commitment of the department to the well-being of New Brunswickers. The department also adheres to the following eight principles:

provide services consistent with available resources:
be efficient and effective in fulfilling its mission;
provide services which are appropriate to need;
implement selective programming;
provide programs on an equitable basis;
adopt a provincial planning framework with decentralized delivery;
provide a coordinated approach to planning, design and delivery of programs and services; and
be results-oriented.

59. The Committee has received information that between 1990 and 1995, the average tuition fees for post-secondary education rose by 62% in real terms. The average student debt at graduation seems to have tripled since 1990. What are the steps taken to ensure that post-secondary education remains equally accessible to all, regardless of income?

Since 1990, New Brunswick's average tuition fee increase is 60%. Most of the increases have taken place in the last 3 years which coincides with an annual 2% reduction in provincial operating grant to universities.

The Government has no legislative authority over university tuition fees. During the period 1990-1995, tuition fees were stable following consultation between the universities and government.

Graduates of: 1990 - $12,010
1991 - $12,200
1992 - $12,330
1993 - $12,550
1994 - $12,850
1995 - $13,610
1996 - $14,410
Projected: 1997 - $15,073
1998 - $15,766
1999 - $16,491
2000 - $17,250
2001 - $18,044
2005 - $21,600

A major review of accessibility has been undertaken by the Maritimes Higher Education Commission (November 1997). This study indicated there is a widening gap in growth in post-secondary participation rates according to socio-economic background. Persons from lower income backgrounds are having increased problems accessing post-secondary education.

The Province is engaged in on-going discussions with Human Resources Development Canada in efforts to create a harmonized federal-provincial single loan product. The seven principles of harmonization developed by the federal government with the provinces are: accessibility for students in need/informed choice; quality and equity of service to students; partnerships and shared responsibility of stakeholders; portability across educational institutions, respecting principles of accreditation, at least within Canada; results-based accountability; affordability for governments and student borrowers combined with administrative efficiency; and, assistance for borrowers experiencing financial difficulties during repayment.

New Brunswick is cooperating with the federal government on establishing the Canada Millennium Fund. The purpose of the Canada Millennium Scholarships is to increase access to post-secondary education for more low and middle income Canadians. A $2.5 billion dollar fund has been established that will generate approximately $325 million dollars a year for scholarships. This will translate into more than 100,000 scholarships averaging $3,000 a year, for full- and part-time students. Individuals can receive up to $15,000 over a maximum of four academic years of study towards undergraduate degrees, diplomas or certificates. It is believed that these scholarships will significantly reduce the recipients' debt load.

Scholarships will be awarded to individuals who need help financing their studies and who demonstrate merit. Scholarships will begin to be awarded in the year 2000.

The Foundation's goals are to award scholarships to individuals in a manner that avoids duplication in any province, to build on existing provincial needs assessment processes, to complement existing provincial programs and, most importantly, to significantly increase access to post-secondary education everywhere in Canada for low- and middle-income students.

Student organizations and provincial\territorial governments have indicated that the Millennium Scholarships should be primarily needs-based and integrated into the overall framework of student financial assistance programs.

Student aid is available to post-secondary students in the form of Canada Student Loans, Provincial Student Loans, Canada Study Grants and provincial bursaries. In the early 1990's, changes were made to the New Brunswick student aid program, resulting in more student aid being provided by loan rather than by bursary or grant. Because student aid is a need-tested program, those with the highest need get the largest loans. Since then, a sizable increase in student indebtedness has taken place, particularly in high cost programs such as private sector programs where the education or training provider is not supported by operating grants. In December, 1997 New Brunswick announced two measures to address debt:

2. An Interest Relief program to come into effect on August 1, 1998. New Brunswick has designed its provincial Interest Relief to match the existing federal Interest Relief Plan.

In New Brunswick approximately 3,500 - 4,000 adults are receiving literacy (grade 0-9) training each year. Since 1991, twenty thousand (20,000) training opportunities were created for New Brunswickers through the Community Academic Services Program.

In 1991, New Brunswick implemented a provincial community-based literacy initiative. Canada's first Minister of State for Literacy was appointed and the Community Academic Services program and Literacy New Brunswick Inc. were established. Since 1991, one thousand (1,000) programs have been funded in over 135 communities throughout the province. These programs are made possible through financial and administrative partnerships with the private, volunteer , community and government sectors.

In 1994, a workplace literacy program the Competitive, Recognized and Educated Workforce, CREW was implemented in the mining, farming, fishing, hospitality, service and government sectors. To date over 60 programs have been funded. Programs have also been funded for individuals affected by the moratorium on cod, under The Atlantic Groundfish Strategy, TAGS.

Current activities include continuing with the community-based strategy and the promotion of community and family literacy, literacy-rich workplaces.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of Aboriginal people?

The Department of Education has taken the following steps "to extend knowledge of, and respect for, the culture of Aboriginal people":

The following legislative and policy initiatives have provided a clear direction for the positive development of Aboriginal education in New Brunswick.

A provision has been included in the new Education Act which requires the Minister to provide and implement programs and services that "foster an understanding of Aboriginal history and culture among all pupils" (Paragraph 7(b))

The "Policy Statement on Maliseet/Mi'kmaq Education in New Brunswick" states that Aboriginal histories and cultures will be included in the studies taken by New Brunswick students.

More specifically, the following initiatives have been adopted and implemented by the department:

Units of study with Aboriginal content are developed or being developed for core subjects;

Materials (written, audio-video, and computer software packages) with Maliseet and Mi'kmaq content have been and are being developed for use in the schools;

The development and implementation of the Circle of Understanding Program introduces the Aboriginal perspective into the classrooms by inviting Elders and community members to the public schools;

In-service sessions and summer institutes (e.g. Cultural Immersion for teachers and administrators of public schools) are provided;

"Native Awareness Week" is sponsored at various public schools throughout the school year; and,

Cultural Immersion Summer Camps are sponsored for Native and non-Native students attending provincial and First Nation schools.

The Department of Intergovernmental and Aboriginal Affairs has developed an educational program for civil servants and the general public that will foster a better understanding of Maliseet and Micmac culture.

Consultations are being carried with Chiefs and Councils, communities, individuals and provincial department

This project is designed to promote a better understanding of Maliseet and Micmac culture and issues to the general public and civil servants by making accurate and appropriate information resources on the Maliseet and Micmac communities available to the general public and civil servants.

The benefits of this project include developing greater respect for cultural differences and learning how they affect working relationships with aboriginal peoples: fostering better decision-making in regards to policies and programs that affect Aboriginal people; and enhancing consultative and negotiation processes.

This project desires to develop a more meaningful and respectful relationship with the aboriginal people of New Brunswick.

73. The maximum amount of welfare that a single person can receive per month in New Brunswick is $277 dollars. (The average cost of housing in Canada is $513 dollars). Is this adequate to find adequate and appropriate housing?

A single person receiving this level of benefit falls within HRD-NB's Interim Assistance Program. The Interim Assistance Program is designed to provide short-term, time-limited financial benefits for individuals who are in between jobs or who are awaiting Employment Insurance. Interim Assistance is not meant to be long-term financial support and as such, does not provide higher benefits. Single individual who are unable to work are eligible for $485 per month while single disabled individuals receive $558 per month.

NOVA SCOTIA

The goals of economic growth (global and domestic) , expanded production and employment opportunities , and non-discrimination are considered to be compatible and complementary to the objectives and obligations of the Covenant. As such, there are no processes at present to review the effects of such agreements on the Covenant. It is recognized , however, that negotiations will in future increasingly need to grapple with the realities of North-South issues , the rights of transnational enterprises vis-a-vis nation states, and the enhancement and enforcement of standards (e.g. health, environmental , work-related, educational, consumer protection) which should benefit the citizens of all countries.

9. Please provide the Committee with information from each Human Rights commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

The Province of Nova Scotia does not require individuals to work in order to receive welfare. Nova Scotia has an employment support program to assist individuals to move to self reliance.

The Nova Scotia Human Rights Commission has not submitted additional grounds of discrimination for consideration by the Nova Scotia legislature.

The Human Rights Act meets the obligation listed in Article 2 as it relates to "social origin"

The Human Rights Act does prohibit discrimination on the basis of source of income. The majority of the persons who lodge complaints on this ground are individuals who are in receipt of social assistance. The Human Rights Act also prohibits discrimination on the basis of family status, marital status and physical or mental disability which provides additional protection in areas linked to social origin or social condition.

The Nova Scotia has increased not decreased social assistance rates. Individuals who require assistance to meet basic needs and special needs are provided with that assistance.

Provincial Premiers, at their 1997 meeting, approved a set of principles to generate the negotiations on Social Policy Renewal, included the principle that, "Social Programs must be accessible and serve the basic needs of all Canadians".

21. Describe any monitoring procedures established by governments as well as non-governmental agencies to measure the effect of the 40% ($6 Billion) cut in the amount of cash transferred by the Federal Government for social assistance, health and post-secondary education between April 1995 and the end of the fiscal year 1999-2000. What common effects have become evidence throughout Canada? (ignore part about "non-governmental agencies")

In the area of education, monitoring has been addressed regionally through the Maritime Provinces Higher Education Commission, with our colleagues in New Brunswick and Prince Edward Island. Together we have produced the Survey of 1995 University Graduates and the Survey of 1996 University Graduates, and completed the Accessibility to Post-Secondary Education in the Maritimes in October 1997.

The most noticeable effects of the reduction to government funding for budgets of educational institutions have been significant increases in tuition fees and a greater disparity in average faculty salary levels as compared to other jurisdictions. Nova Scotia has attempted to compensate for the effect of tuition fee increases upon students with the Student Loan Remission Program (refer to response to question 59 for further details).

In the area of health, the impacts of the changes to provincial revenues resulting from the CHST is determined in Nova Scotia at the provincial level, rather than by individual departments. Thus, all aspects of government expenditure shared in the impact of these funding reductions. In terms of the services provided under the auspices of the Department of Health, the impacts have been hospital bed reductions, hospital closures or conversions to community health centres, wage freezes and roll-backs, increased mobility of physicians and other health care service providers, increased co-pay for some supplementary health programs, etc. However, there is no evidence to suggest that health status or health care outcomes have been impacted. It should also be noted that there has been a net increase in provincial health care funding to health, not a decrease, as the question seems to suggest.

There is increased interest and activity across Canada in the area of evaluating the effectiveness and outcomes of the health care system. Statistics in Nova Scotia show that waiting times for a number of elective surgical procedures have actually declined over the past several years.

Prior to the onset of Established Programs Financing in 1977, most provincial health spending on hospitals and physicians was 50:50 cost shared between the two levels of government. As beneficial as this was, it did create an incentive, often inappropriately, to spend in these areas rather than in other areas which might have exerted a greater impact on the health of the population. With the advent of the CHST which replaced earlier EPF arrangements and the CAP program for social programs, there are no longer any 50:50 cost sharing schemes.

24. Please provide information on any provinces which require participation in "workfare" or similar programs and describe the appeal procedures in place with respect to any disentitlement from basic necessities on this ground. Are these programs applied to single parents, and if so, what exceptions apply? Is the Committee correct to assume that these programs would have been illegal under CAP?

Nova Scotia does not require social assistance recipients to participate in workfare.

The Province of Nova Scotia continues to provide employment focussed support through a federally funded program, the Employment Assistance for People with Disabilities (EAPD). The social assistance delivery system encourages and supports people with disabilities to move toward self-reliance. Additionally, federal and provincial authorities have worked collaboratively to jointly deliver similar programs and services to people with disabilities.

28. Please provide information as to the minimum wage rate in various provincials and territories and any changes in its real value over the last few years. Please indicate how the income from a full time job at minimum wage compares with the poverty line. What do the federal and provincial governments intend to do to ensure that minimum wages are adequate?

The current minimum wage was set at$5.50 an hour for experienced employees on February 1, 1997. This rate is currently under review. Previous rate increases were made on October 1, 1996 and January 1, 1993. The Labour Standards Code requires the Minister of Labour to conduct an annual review of the Minimum Wage Rate. One of the factors considered in setting the rate is the Consumer Price Index which takes into account the change in real value. Although the Minimum Wage is considered by leading experts to be a poor anti-poverty tool, the Minister is informed of Statistics Canada's low income measures at the time of the minimum wage review. Currently, the low income cut-off for a family of one is between $11,839-$14,694 depending on the geographic area. Assuming a 37 hour work week the annual income for an individual receiving the minimum wage is: $10,582.

31. Please provide information regarding the rights of farm workers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. Is there any justification for denying these workers collective bargaining rights accorded to other workers?

Under the Trade Union Act domestic workers and farm workers have the right to organize and bargain collectively. Currently there are no certifications from the Department of Labour for either farm workers or domestic workers employed in private homes. It is reasonable to assume that this is due in part to the fact that these types of operations do not generally employ large numbers of employees.

There are various levels of internal review mechanisms before a final decision is made with respect to denial or termination of assistance. In some cases where assistance in terminated or denied, emergency assistance can be provided pending an independent review by an appeal tribunal.

Twenty-nine dollars per month is provided to income assistance and family benefits clients for maternal nutritional allowance during pregnancy and up to four months after the birth of a child. Nutritional counselling is also available from the Department of Health. Pregnant women are also eligible to receive additional funds for special diets which are medically prescribed.

The costs associated with medical care alone (delivery as well as pre- and post-natal care) are well over $1,000. An expectant mother's diet based on Canada's Food Guide with milk products, meant and meat alternatives, grain products, fruit and vegetables is essential. Extra amounts of calcium, iron and folic acid are necessary during pregnancy. Breast milk is the only food ideally suited to the needs of newborns. Breast-feeding women require an adequate diet to sustain this. The 1995 Nova Scotia Health Survey showed that breastfeeding levels have risen, with more than 40% of new mothers breastfeeding for at least one month.

Social assistance rates are adjusted according to family size, but not in response to the nutritional requirements of pregnancy.

37. The Committee has received information that food bank use has continued to increase in Canada and has approximately doubled over the last ten years. Can the Government explain why the number and use of food banks has continued to increase? Does the Government consider the need for food banks in so affluent a country as Canada consistent with article 11 of the Covenant?

Nova Scotia does not collect or maintain data on food bank usage and cannot verify or negate the correctness of the statements contained in the questions.

39. What proportion of children who use food banks go hungry and how often do parents go hungry?

Many of the programs are supported by donations and staffed by volunteers and community service groups. This allows them to operate at minimal or no cost to the participants. The schools are responsible for ensuring discretion is used in program delivery so that the dignity of the children is protected. School guidance counsellors play a significant role in this by protecting the recipient students' self-esteem.

41. Please provide any available data on the extent of homelessness in various cities in Canada. At what point would the government consider homelessness in Canada to constitute a national emergency?

No one in Nova Scotia needs to be without a home. Funding is available to provide for basic shelter costs and items of basic need, i.e., food, clothing as well as special needs items, e.g., prescription drugs.

42. Please provide information on any disparities between Aboriginal housing and other housing with respect to piped water, flush toilets, need for repairs and other indicators of adequacy.

The Nova Scotia Department of Housing and Municipal Affairs does not have detailed data on provincial housing programs that differentiates indicators of adequacy between Aboriginal housing and other types of housing.

The Nova Scotia Department of Housing and Municipal Affairs has no official position on the matter.

48. According to the 1996 Report of the National Council of Welfare (Poverty Profile 1996), 91.3% of families led by single-parent mothers under 25 live below the level of poverty. Child poverty is at a 17 year high of 20.9% meaning that nearly 1.5 million children live in poverty in Canada. Although the last recession ended in 1992, poverty rates have risen steadily since then. Please provide to the Committee the most up to date information on single parents, children, people with disabilities and Aboriginal people and explain how this unacceptable situation has been allowed to occur?

Nova Scotia provides funding to meet an individual's basic needs for food, clothing and shelter.

50. What measures did the federal and provincial governments take to follow up on the recommendations of the Committee in 1993 to reduce the gap between welfare rates and the poverty line? Has this gap been reduced? If no, what is the explanation for the government's failure to address this pressing need during a time of relative economic prosperity?

Persons with disabilities are entitled to receive allowances for basic needs i.e., food, clothing and shelter. As well as items of special needs, e.g., special diets. They are also eligible for employment assistance to assist them in becoming self-reliant.

Civil legal aid continues to be funded through the Canada Health and Social Transfer payments. Nova Scotia continues to provide an extensive civil legal aid program. In the last fiscal year - 1997-98, 49% of provincial legal aid funding was applied to the civil legal aid program. This program, with other options that may be available including class action proceedings, contingency fee arrangements and pro bono legal services provide a variety of avenues for persons to resource the conduct of litigation to seek remedies for the violation of economic and social rights.

54. Does the Canadian government have any evidence of restrictions in access to health care for the poor? If so, what is the government doing to remedy the situation?

Two of the principles of the Canada Health Act are universality (every citizen is eligible) and accessibility (access is based on medical need, not ability to pay). However, some studies have suggested an inverse relation between income levels and utilization of health care services. People residing in rural or isolated areas often utilize health care services less because they have to travel further to access them.

Adequate housing, employment, nutrition, hygiene and social supports are very important determinants of health status in any population. Higher rates of many diseases are commonly associated with low socio-economic status. Tuberculosis has not been seen among the homeless in Nova Scotia.

The cost and accessibility of high cost drugs is major concern for the Department of Health. However, the costs associated with these drugs have been adding to the cost, rather than eroding access to other services. All provinces in Canada are facing the same challenges in this regard and have begun some discussions with the federal government around options for a national pharmacare program. Currently, high cost drugs are covered under a variety of programs for clients in particular target categories.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

The presence and enforcement of the Canada Health Act serves to prevent any significant reduction in hospital or medical services to any Canadian. Nova Scotia is working with other provinces and territories to persuade the federal government to restore a large portion of transfers which were lost under the CHST.

59. The Committee has received information that between 1990 and 1995 the average tuition fees for post-secondary education rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What are the steps taken to ensure that post-secondary education remains equally accessible t all, regardless of income?

Nova Scotia recognized the potential threat to accessibility for low income students because of the increase in debt loads so implemented a Loan Remission Program. Students with the highest annual debt levels who successfully complete their year can apply to have their provincial debt repaid by as much as 70%. Students were slow to begin using this program so steps were taken to increase its profile. As a result, Loan Remission spending increased from $3.6 M in 1996-97 to $6.6 M in 1997-98.

In consultation with university officials, the Province has undertaken a study on student loan defaulters in an attempt to identify those at risk. This will assist in the development of public policy on debt management issues. As sixty percent of a student's debt is federal student loan and there is an ongoing process to harmonize the Canada and Nova Scotia Student Loan Programs, one alternative to be considered is adopting the recently announced federal strategy of focussing debt reduction on the repayment stage, rather than during study, to assist those borrowers having difficulty meeting their payments.

60. At paragraph 372 of the Report, the Government reports on the results of the International Adult Literacy Survey (IALS) conducted in 1994 in Canada. Almost half of Canadians would appear to lack the minimal literacy skills necessary to for coping and managing in such basic activities as, for example, comprehending a bus schedule. Can the Government provide the Committee with an estimate of the number of Canadians who are currently receiving literacy training and describe any strategies that are being considered to deal with this problem?

It is difficult to estimate the number of individuals who are engaged in literacy programs in Nova Scotia because of varying definitions of what literacy consists of and the numerous literacy service providers, some of which are not required to report their activities to the Department of Education and Culture. Based upon current information, we can estimate that over 3,500 Nova Scotians are currently enrolled in literacy and upgrading programs.

The following initiatives have been implemented to assist Nova Scotians in improving their literacy and numeracy skills :

Community Learning Initiative - provides grants, practitioner training, and support to 27 community-based Learning Networks for the delivery of adult literacy and upgrading.

Workplace Education Initiative - a partnership of business, labour, and government to provide grants and other supports for workplace education programs to upgrade essential workplace skills and community living.

Labour Market Development Secretariat - coordinates provincial activities related to the administration and implementation of the Canada-Nova Scotia Agreement on a Framework for Strategic Partnerships. Literacy has been identified as a key initiative under the Agreement for 1998-99.

Adult Education Initiative - a process under development to form a series of federal-provincial working committees to coordinate the existing life long learning continuum by identifying gaps and overlaps which currently exist in literacy and upgrading programs for adults.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of aboriginal people?

The Council on Mi'kmaq Education makes recommendations to the Minister of Education and Culture for addressing the needs of Mi'kmaq students in public schools. The Department has also established the Mi'kmaq Services Division to provide leadership, direction, and planning for the development and implementation of programs and services to ensure Mi'kmaq Nova Scotians benefit from a fully supportive learning environment in the public schools and on adult education.

The Education Act defines Mi'kmaq education as the development of programs, resources, and learning materials that provide information about and promote understanding of the Mi'kmaq and their history, heritage, language, culture, traditions, and contributions to society, and that recognize their origins as First Nations people. Two initiatives which were implemented in September 1998 to address this objective were,

(1) Mi'kmaq Studies course - developed at the Grade 10 level to enable students (both Mi'kmaq and others) to achieve a greater understanding of, and respect for, Mi'kmaq contributions to society

(2) Mi'kmaq Language course - developed at the Grade 7 level to provide an option for non-Mi'kmaq speakers to study the language in place of the required French language course. Curriculum is currently being developed to continue this line of study at the Grade 8 and 9 levels.

- development of a Bachelor of Education program which includes cultural diversity and Mi'kmaq language as required components to address the need for qualified Mi'kmaq teachers for the province's education system;

- training for Mi'kmaq Education Counsellors on career counselling for aboriginal youth;

- teaching permits provided to elders and other Mi'kmaq people with specialized arts, language, and cultural knowledge, providing the recipients with the means to take an active role in the province's schools, particularly during Mi'kmaq History Month in October of each year;

- appointment of a Mi'kmaq representative to regional school boards in the province to provide them a voice at the regional level;

- on February 14, 1997, a Tripartite Agreement with respect to Governance of Education was signed by Mi'kmaq First Nations of Nova Scotia, the Federal Government, and the Province of Nova Scotia acknowledging Mi'kmaq jurisdiction for education on-reserve in Nova Scotia.

74. In many rural areas, the Nova Scotia government cut back on access to specific health services such as dental care or medical transportation. How is this situation compatible with the right of all Nova Scotia residents to health?

The Department of Community Services provides transportation for medical and dental appointments to persons who are in financial need.

During the past few years, emergency health services, dental services and home care services, among others, have expanded. Although some rural hospitals have undergone changes in their roles, there have been no overall cutbacks to funding of health programs in rural areas.

PRINCE EDWARD ISLAND

(AWAITING INPUT)

NEWFOUNDLAND

The Provincial Government states that there are no obligations set out in the Covenant which, on their face, cause any difficulties from the perspective of trade agreements although the broadness of the Convention could result in a party attempting measures to fulfill the intentions of the Covenant which would be contrary to trade obligations. Industry officials of the provincial Department of Trade and Technology are aware of the requirements of the Covenant.

The percentage of human rights complaints filed with the Newfoundland Human Rights Commission which are adjudicated is approximately 5%.

Newfoundland does not participate in a workfare program for social assistance recipients. The Department of Human Resources and Employment is currently developing a case management approach which focuses on providing a continuum of services to allow an individual to move from dependence to permanent self-reliance.

The Newfoundland Human Rights Commission has no recorded official position on this matter.

Children of non-nationals have access to the social assistance program and services to health care and education.

18. Have provinces responded by cutting social assistance rates of entitlement? Please provide information from each province about changes which have occurred from April 1995 to the present day, and any effect on the extent or depth of poverty.

The only major change by Newfoundland was in response to the change in policy of the Canada Assistance Plan requiring consideration be given to family resources before allowing social assistance for a single able bodied person between ages 18-21.

The Province is committed to the right of adequate financial assistance, however, adequate financial assistance is to be defined provincially and not based on a nationally applied standard.

21. Describe any monitoring procedures established by governments to measure the effect of the 40% (($6 Billion) cut in the amount of cash transferred by the Federal Government for social assistance, health and post secondary education between April 1995 and the end of fiscal year 1999-2000. What common effects have become evident throughout Canada?

There have been no new monitoring procedures developed since 1995/96. The Department of Human Resources & Employment continue to monitor and report as they did prior to the change.

24. Please provide information on any provinces which require participation in "workfare" or similar programs and describe the appeal procedures in place with respect to any disentitlement from basic necessities on this ground. Are these programs applied to single parents, and if so, what exceptions apply? Is the Committee correct to assume that these programs would have been illegal under CAP?

51. It has been reported that in Canada, close to one in four persons with disabilities live below the poverty line. What are the steps taken by the federal, provincial and territorial governments to remedy this situation?

Based on this 1991 survey, about 25% of disabled people in Newfoundland are employed. In May 1998 this Province and Human Resources and Development, Canada signed the Employability Assistance for Persons with Disabilities (EAPD) Agreement. The implementation of this Agreement will be guided by, among others, the following principles:

(a) direct support of employability through programs and services designed to reduce barriers to employment and enable people with disabilities to prepare for, obtain or maintain employment;

(b) focus on individual needs and participation through a range of measures from pre-employment support to short term assistance to employment support directed to the individual's needs; recognizing individuals' knowledge of their own employability and labour market requirements; with provision for appeal mechanisms to ensure fair application of provincial legislation and policies; and

(c) flexibility in the Province's development and delivery of programs and services appropriate to requirements of participants and to its labour market objectives, priorities and circumstances.

28. Please provide information as to the minimum wage rate in various provinces and territories and any changes in its real value over the last few years. Please indicate how the income from a full time job at minimum wage compares with the poverty line. What do the federal and provincial governments intend to do to ensure that minimum wages are adequate?

Newfoundland's minimum wage as of April 1, 1997 for persons 16 year of age and older was $5.25.

The Consumer Price Index for 1997 was $108.2 for Newfoundland and Labrador. The base year is 1992, i.e. 1992 = 100. This means that the cost of goods in this Province increased 8.2% from 1992 to 1997. Our minimum wage went from $4.75 on April 1, 1991 to $5.00 on September 1, 1996 to $5.25 on April 1, 1997 which is a 5% increase over a 6 year period.

Comparison between income from a full time job at minimum wage and the low income cut off level:

This amount is gross pay CCP, EI and Income Tax have to come out of this amount
2 persons living in any urban centre in Canada whose population is between 100,000-500,000 people 18,367.00
4 persons living in any rural area in Canada $22,279.00

4 persons living in any urban centre in Canada whose population is between 100,000 and 500,000 $22,454.00

The Provincial Government under the authority of the Labour Standards Act has the Labour Standards Board conduct a review of the regulations made under the Labour Standards Act including minimum wage and make recommendations to the Minister.

31. Please provide information regarding the rights of farm workers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. Is there any justification for denying these workers collective bargaining rights accorded to other workers?

With respect to the rights of farm workers and domestic workers to organize and bargain collectively section 5(1) of the Labour Relations Act, RSN 6 ch. L-1 states that an employee has the right to be a member of a trade union and to participate in its activities. "Employee" as defined by the Labour Relations Act is a person employed to do skilled or unskilled manual, clerical or technical work and includes a professional employee and a manager or superintendent or other person who, in the opinion of the board, exercises management functions or is employed in a confidential capacity in matters relating to labour relations. There have been no changes to provincial labour legislation affecting the right of domestic workers or farm workers.

Newfoundland and Labrador has the Social Assistance Appeal Board created under the authority of the Social Assistance Act 9 RSN ch. S-17 which deals with complaints with respect to financial assistance.

There are three special benefits paid on top of regular benefits to expectant mothers who are in receipt of social assistance: 1) pregnancy allowance paid from date the Department is informed of the pregnancy to the date of birth - $45 per month; 2) mother, baby, food allowance for one year after child's birth - $45 per month; and 3) for single individuals with a new child a single parent supplement is allowed - $57 per month.

39. What proportion of children who use food banks go hungry and how often do parents go hungry?

In 1994 the School Children's Food Foundation was formed. The School Children's Food Foundation established Standards and Guidelines for Child Food Programs and will fund any program that meets these standards. The Foundation will consider any program where the need has been established and the community is willing to invest volunteer time and effort, but is unable to sustain the program financially due to economic circumstances in the area. There are currently fifty six programs across the province. This year the provincial government contributed $1,000,000. to the Foundation to establish and sustain child food programs for the next five to ten years.

Dignity of children and parents is respected in a couple of different ways. If there is a caterer currently in the school, parents can pick up tickets at the local food bank for their children to bring to school to use to purchase meals. Children can either pay for the meal or charge it. The tickets are the same as if the child were charging the meal and therefore not stigmatized in any way. As well, some schools that do not have caterers currently in place simply adopt an open door policy whereby students receive breakfast if they wish. This results in students arriving for breakfast for many reasons and not just those who can't afford it, thus creating a positive social climate.

41. Please provide any available data on the extent of homelessness in various cities in Canada. At what point would the government consider homelessness in Canada to constitute a national emergency?

42. Please provide information on any disparities between Aboriginal housing and other housing with respect to piped water, flush toilets, need for repairs and other indicators of adequacy.

48. According to the 1996 Report of the National Council of Welfare (Poverty Profile 1996), 91.3% of families led by single-parent mothers under 25 live below the level of poverty. Child poverty is at a 17 year high of 20.9% meaning that nearly 1.5 million children live in poverty in Canada. Although the last recession ended in 1991, poverty rated have risen steadily since then. Please provide to the Committee the most up to date information on single parents, children, people with disabilities and Aboriginal people and explain how this unacceptable situation has been allowed to occur?

50. What measures did the federal and provincial governments take to follow up on the recommendations of the Committee in 1993 to reduce the gap between welfare rates and the poverty line? Has this gap been reduced? If not, what is the explanation for the government's failure to address this pressing need during a time of relative economic prosperity?

The government has taken a number of steps to address poverty among social assistance recipients:

- monthly benefits were increased by 2% in 1998 with a further 2% increase scheduled for April 1999.

- families allowed to keep benefits under the National Child Benefits Program which were originally to be clawed back.

- exploring extended drug card use after person exits social assistance program.

54. Does the Canadian government have any evidence of restrictions in access to health care for the poor? If so, what is the government doing to remedy the situation?

Newfoundland provides medical care and hospital services in accordance with the Canada Health Act.

The number of homeless in Newfoundland and Labrador is low. There is no information on any particular health problem of this group. There have been no barriers identified for the homeless getting access to appropriate health care.

59. The Committee has received information that between 1990 and 1995 the average tuition fees for post-secondary education rates rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What are the steps taken to ensure that post-secondary education remains equally accessible to all, regardless of income?

As reported in the public accountability document Postsecondary Indicators '98, post secondary tuition fees have indeed increased since 1990. Between 1991/92 and 1996/97 the tuition fees at Memorial University increased by 72.9%. The highest year to year increase in tuition (17.6%) occurred in 1993/94.

Basic tuition fees also increased steadily at public colleges in recent years. The annual percentage increases have been generally higher that at the university, but as tuition fees are much lower the increases in actual dollars have not been as large. Since 1989/90, fees increased by 175% from $480 to $1320 for two semesters.

Based on information supplied to the Department of Education, average per semester tuition fees in the private college system were the highest of all forms of post-secondary education. For 1996-97 per semester tuition was $4,594 or $9,188 for two semesters.

Student debt is becoming a significant social concern and is high on the public agenda. Government is becoming increasingly concerned with high default rates on loans combined with record levels of student borrowing. As is the case for the rest of Canada, the most current data show default ratios in Newfoundland lowest for the university graduates and highest for graduates of private colleges.

Both the Canada and Newfoundland Student Loan Programs are needs-based and are intended to supplement the resources of students and their families. An underlying principle of these programs is that financial need should not be a barrier to students wishing to pursue post-secondary education and training. However, not all students are eligible under the Loans Programs, and for those that are, the amount of assistance available may not be sufficient to cover all costs related to the program of studies.

Students apply for a loan for a designated institution (i.e. university, public college, private college, etc. ...) and the financial need is determined through a standard needs assessment which considers both the costs of studies (i.e. tuition, books, living costs, transportation, etc. ...) and the resources available to the student. For private colleges, most have an assessed need greater than the amount student aid can provide, thus resulting in an unmet need.

One way accessibility is increased is in the form of a federal grant available to students with dependants. Students with 1 or 2 children can receive $40 per week up to the maximum of the unmet need. Students with more than 2 children can receive $60 per week up to the maximum of the unmet need. Also, students with disabilities can receive up to $5000 per academic year. Lastly, there is a Special Opportunity Grant available for female doctoral students in specific fields of study (e.g. Engineering and Applied Sciences, Agricultural and Biological Sciences, Math and Physical Sciences, Arts, Social Sciences and Related Fields).

Loan Remission is a form of loan forgiveness, whereby a payment of principal is made by the Government of Newfoundland and Labrador to the financial institution holding a student's loan. The initiative is an effort by government to reduce the loan debt of graduates meeting the eligibility criteria. In order to qualify for Loan Remission on Newfoundland & Labrador Student Loans, students must satisfy certain conditions:

- Graduation from a qualifying program of study of at least 80 weeks in duration.

- Graduation must have occurred within the number of study periods normally specified for completion of that program plus a grace period of one academic year.

- The combined Canada and Newfoundland Student Loan debt accumulated during the program of studies must exceed a minimum debt threshold.

Provinces across the Country have engaged in a series of meetings and discussions aimed at adjusting Student Aid Programs to better meet the needs of students. This issue was also a highlight on the agenda of the Premiers meeting in Saskatoon, Saskatchewan on August 6-7, 1998.

In an effort to restrict student loans to programs where there is a reasonable likelihood of sustained employment, the Department of Education in this province has established a working group to examine the issue of the designation and de-designation of post-secondary educational programs for student aid purposes. Programs would be closely monitored through graduate follow-up data and could be re-designated as student loans eligible, depending on graduate success in the workplace and ability to repay their loans.

In September 1997, the Government of Canada announced the creation of millennium scholarships. The goal is primarily to give as many people as possible access to post-secondary education. In the 1998 federal budget, the Government of Canada announced that it would make $2.5 billion available for millennium scholarships, beginning this year. This province will provide $4,000,000 for awards to students based on need and academic achievement. More than 4,000 awards of up to $1,000 each will be available over the next two years until the introduction of the Canada Millennium Scholarships.

During the 1995-96 school year there were approximately 4100 students enrolled in Adult Basic Education programs in Newfoundland and Labrador in both the public and private colleges.

An extensive telephone survey was administered to over 2300 students involved in the Adult Basic Education program during the 1997-98 school year. Currently a report is being written describing the findings of this survey. In addition, there is a similar survey planned for the 1998-99 school year for Community Drop-In Centers offering Adult Basic Education.

At the beginning of the year, a Literacy Development Council of Newfoundland and Labrador was established to develop a Strategic Plan. The Plan will look at literacy for all ages, both within and outside the formal education system. A Literacy Strategic Planning Unit has been established and a Steering Committee consisting of stakeholders has been meeting on a regular basis to provide guidance.

As well, a provincial committee on early literacy has been established at the Department of Education to develop a strategic plan for early literacy.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of aboriginal people?

The Province is committed to a positive relationship with aboriginal peoples. This has been evidenced by the Province's participation in tripartite land claim negotiations with the Inuit and Innu and in ongoing self-government discussions with both groups. The Province has also indicated a willingness to participate to the extent of provincial jurisdictions and policies in judicial self-government initiatives with the Conne River Mikmaq Band on its reserve in Conne River. The Federal-Provincial-Aboriginal Memorandum of Understanding on the environmental assessment of the Voisey's Bay Nickel Development in 1997, marked a significant step in co-operation between governments and aboriginal groups. The MOU was the first time in the Province Aboriginal Groups involved in tripartite land claims negotiations participated in such a manner in the environmental assessment process.

The Department of Tourism, Culture and Recreation has prepared a Heritage Guide which features aboriginal tourism aspects of the Province especially art and craft work from Labrador. Also, Mi'kmaq drumming is featured, an integral part of a new aboriginal tourism experience offered in the Province as part of the "Spirit Wind" performance, which has been supported by the provincial government under the Federal/Provincial Cultural Industries Agreement.

The brochure also features many of the Province's aboriginal archaeological sites, many of which are interpreted for visitors explaining the history of the several aboriginal peoples that have inhabited this geographic area.

9. Please provide the Committee with information from each Human Rights Commission in Canada about cases in which the Covenant has been used in interpreting or applying human rights legislation.

Yukon Human Rights Commission
205 Rogers Street
Whitehorse, Yukon, Canada
YlA IXI
(867) 667-6226
(867) 667-2662 (fax)
e-mail: humanrights@yhrc.yk.ca
Attn: Heather MacFadgen, Executive Director

Rates have not changed since April 1995, when certain social assistance reforms became effective, including:
reducing the length of time a parent caring for a young child is exempt from job search requirements from two to six years after the birth of a child - and exempting a parent of a child with severe disabilities from job search requirements;
restricting emergency assistance to situations where there exists a risk to health and safety;
requiring employable adults to wait six months before being eligible for assistance for items of supplementary needs;
increasing asset exemptions and instituting an income and earnings exemption which are not counted as financial resources when determining the amount of assistance;
introducing requirements and actions to reduce such problems as overpayments and fraud;
increasing situations requiring agreements to pay;
assigning Unemployment Insurance benefits to recover social assistance payments made as advances;
eliminating the discretion of appeal bodies to make decisions inconsistent with the Regulations;
increasing assistance for some items of supplementary need;
instituting transitional benefits to aid welfare to work periods;
increasing allowances for unemployable clients with disabilities; and
increasing work and training opportunities for social assistance clients through a three-year cost-shared agreement with the federal government.

Recent regulatory changes have also been instituted to accommodate the new National Child Benefit and to consider it a financial resource when determining the amount of social assistance payments. Finally, the effect on the extent and depth of poverty as a result of these measures is unknown at this time.

Recent steps in Yukon include:
enhancing partnerships with community agencies;
restructuring the administration of the "Supported Independent Living" program; and
transferring greater responsibility for vocational rehabilitation to "Challenge, " a non-government organisation funded through the Yukon government's Department of Health and Social Services.

The Yukon minimum wage is adjusted on the basis of increases in the cost of living (i.e. inflation). Two increases are scheduled for 1998:

The first rate reflects inflationary increases of 1.3 per cent for 1995 and 1.6 per cent for 1996. The latter rate reflects an increase of 2 per cent for 1997. The Employment Standards Board makes recommendations on the minimum wage to the Minister of Justice. As a matter of policy, it would prefer to pin the amount to the annual rate of inflation. If the Minister agrees with this, then the minimum wage for 1999 can be expected to increase based on the 1998 inflationary rate. These calculations, however, do take into consideration a Yukon "poverty line." Formal poverty lines are not recognised in the territory because poverty is a relative state. Those whose minimum wage earnings supplement household earnings may well be better off than those who rely on minimum wage earnings for all of their income. For example, a minimum wage earner with dependents will likely require income supplements from such sources as social assistance - if that person is the only household member with employment income. A full-time minimum wage earner currently makes $14,684 per annum.

No data are available. The Yukon government's Women's Directorate, however, is compiling a "Statistical Profile of Yukon Women." This profile will include data on the participation of women in the labour market, their wages, hours of work and so forth. Over a period of time, workforce changes will be documented and further research may then be undertaken to determine the economic consequences of present labour market conditions on women.

The application of collective bargaining rights to farm and domestic workers is the responsibility of the federal government under the Canada Labour Code.

Decisions by staff can be appealed to independent appeal committees and boards. Financial assistance can be made available on an emergency basis for health and safety reasons. There have been no Yukon court actions on this matter.

Cost estimates are not available. Special needs related to pregnancy, however, are considered a supplementary benefit in the amounts of $28 a month for dietary needs and $78 for a layette following the birth of a child.

37. The Committee has received information that food bank use has continued to increase in Canada and has approximately doubled over the last ten years. Can the Government explain why the number and use of food banks has continued to increase? Does the Government consider the need for food banks in so affluent a country as Canada consistent with article 11 of the Covenant?

Yukon has no data on food banks and has no recorded official position on the question.

39. What proportion of children who use food banks go hungry and how often do parents go hungry?

The Yukon government works in partnership with "Food for Learning Yukon" in planning and delivering school food programs. Design and delivery is controlled by individual school councils - which address questions of dignity within their own programs.

41. Please provide any available data on the extent of homelessness in various cities in Canada. At what point would the government consider homelessness in Canada to constitute a national emergency?

42. Please provide information on any disparities between Aboriginal housing and other housing with respect to piped water, flush toilets, need for repairs and other indicators of adequacy.

44. According to information provided to the Committee from Statistics Canada, the percentage of government expenditure on housing has declined since 1993. There has been extensive media coverage of a growing crisis of homelessness in Toronto, Vancouver and elsewhere, emphasizing primarily charity-based efforts to address the problems Is the Government applying the "maximum of available resources" to eliminating homelessness and does it agree that guaranteeing the right to housing is a core responsibility of governments and a matter of the highest priority

Data are not available, but the Yukon government is researching questions related to poverty as part of its "Anti-poverty Strategy" scheduled for release in the fall of 1998.

50. What measures did the federal and provincial governments take to follow up on the recommendations of the Committee in 1993 to reduce the gap between welfare rates and the poverty line? Has this gap been reduced? If not, what is the explanation for the government's failure to address this pressing need during a time of relative economic prosperity?

See question 27. In addition, the government's "Anti-poverty Strategy" will include input from the Yukon Council on Disabilities.

The Yukon government's Labour Services has at its disposal all the necessary legal tools to enforce the payment of wages and other employment standards.

53. In 1993 the Government informed the committee that section 7 of the Charter at least guaranteed that people are not to be deprived of basic necessities and may be interpreted to include rights under the Covenant, such as rights under article 11.1 Is that still the position of all governments in Canada?

54. Does the Canadian government have any evidence of restrictions in access to health care for the poor? If so, what is the government doing to remedy the situation?

No access restrictions based on low income exist in Yukon for publicly-funded health services.

Recent efforts by the Yukon government related to mental health services include research on psychiatric admissions to Whitehorse General Hospital and community and support services to persons with severe and persistent mental health problems.

Funding of two new positions at the outpatient mental health clinic will increase services for persons with severe and persistent mental illnesses. The Yukon Family Services Association currently provides counselling services in Whitehorse and in the communities - with services to children and youth on a priority basis. Research on hearing procedures pursuant to the Mental Health Act is also scheduled to be undertaken.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

The Yukon government maintains universal access to public health care services to ensure protection of the most vulnerable in society.

59. The Committee has received information that between 1990 and 1995, the average tuition fees for postsecondary education rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What are the steps taken to ensure that postsecondary education remains equally accessible to all, regardless of income?

The following initiatives are designed to ensure equal post-secondary accessibility:

60. At paragraph 372 of the Report, the Government reports on the results of the International Adult Literacy Survey (IALS) conducted in 1994 in Canada. Almost half of the Canadians would appear to lack the minimal literacy skills necessary for coping and managing in such basic activities as, for example, comprehending a bus schedule. Can the Government provide the Committee with an estimate of the number of Canadians who are currently receiving literacy training and describe any strategies that are being considered to deal with this problem?

Raising literacy levels in Yukon is a priority of the Yukon government - as indicated in its training strategy. The government sponsors literacy programs that Yukon communities create for themselves. By allowing communities to define, construct and implement their literacy programs, learners and coordinators engage in the process of community redefinition, as well as social and economic development. Learners not only learn how to read and write but also how to become active participants in their respective communities. Current literacy programs include:

literacy through drama - young people from the Tr'ondek Hwech'in First Nation in Dawson are developing reading and writing skills through the dramatization of their traditional stories and songs;

workplace literacy support in rural communities where individuals can develop their reading and writing skills in the context of their own working environments.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of aboriginal people?

claims agreements have incorporated this language, provides a number of steps designed to

to promote public awareness, appreciation and understanding of all aspects of culture and heritage in Yukon and, in particular, to respect and foster the culture and heritage of Yukon Indian People;

to promote the recording and preservation of traditional languages, beliefs, oral histories (including legends), and cultural knowledge of Yukon Indian People for the benefit of future generations;

to involve equitably Yukon First Nations and government in the management of the heritage resources of Yukon, consistent with a respect for Yukon Indian values and culture;

to promote the use of generally accepted standards of heritage resources management to ensure the protection and conservation of heritage resources;

to manage heritage resources owned by, or in the custody of, Yukon First Nations and related to the culture and history of Yukon Indian People in a manner consistent with their values and, where appropriate, to adopt the standards of international, national and territorial heritage resource collections and programs;

to manage heritage resources owned by, or in the custody of, government and related to the culture and history of Yukon Indian People, with respect for their values and culture and the maintenance of the integrity of national and territorial heritage resource collections and programs;

to facilitate reasonable public access, except where the nature of the heritage resource or other special circumstances warrant otherwise;

to identify and mitigate the impact of development on heritage resources through integrated resource management including land use planning and development assessment processes;

to facilitate research into, and the management of, heritage resources of special interest to Yukon First Nations;

to incorporate, where practicable, the related traditional knowledge of a Yukon First Nation in government research reports and displays which concern heritage resources of that First Nation;

to recognise that oral history is a valid and relevant form of research for establishing the historical significance of heritage sites and moveable heritage resources directly related to the history of Yukon Indian People; and to recognise the interest of Yukon Indian People in the interpretation of Aboriginal place names and heritage resources directly related to the culture of Yukon Indian People.

77. In Yukon, no one is eligible for full social assistance benefits unless they are deemed a permanent exclusion from the workforce. Single parents are deemed exclusion until their children reach the age of two but they are required to wait for a six-month period before they receive full benefits. The cost of living in Yukon is higher than in most areas of Canada. Explain how this situation is compatible with the right to an adequate standard of living.

The description of the situation in Yukon contained in question 77 is incorrect. According to criteria set forth in the Regulations, full financial assistance is available to recipients of all categories, not only to permanent labour force exclusions. In families with children, for example, supplementary benefits are provided for children without a six-month waiting period. Moreover, the higher cost of living in Yukon is reflected in higher rates of assistance to recipients of all categories.

78. Please explain what measures are planned or taken to reduce the very considerable lower lone-parent family incomes in Yukon.

Attachment to the workforce is facilitated through generous child care subsidy programs. The minimum wage was also increased in 1998 (see supra at 28). As part of the implementation of the National Child Benefit in 1998, the Yukon government introduced a children's drug and optical program for low-income families to assist with the costs of prescription drugs, eye exams and the purchase of glasses. In addition, the government's scheduled release in the fall of 1998 of its "Anti-poverty Strategy" will detail government-wide initiatives to address poverty issues in the territory.

The Yukon government provides significant financial resources to support "Yukon Learn," a non-profit literacy organisation in Whitehorse. This organisation seeks to provide tutorial support to learners, to advocate literacy in Yukon, to establish a literacy library, and to furnish materials-based support to literacy projects developed outside Whitehorse. In addition to formal literacy programs, the Yukon government encourages all employment and educational programs to contain significant literacy components.

In the event that the Committee would like to pursue this matter with the Fair Practices Office, the address is:

Fair Practices Office of the Northwest Territories
Box 1920
Yellowknife, NT
X1A 2P4

Tel: 867-920-8764
Fax: 867-873-0489

The population of the Northwest Territories is small. Accordingly, the number of complaints filed is very small. Few result in hearings. For those complaints that fit within the ambit of the Fair Practices Act, negotiated settlements are encouraged.

An official position does not exist in the Northwest Territories on whether "social condition" should be added to the Fair Practices Act as a prohibited ground of discrimination.

The Government of the Northwest Territories did not see an effect in the areas of health and social services due to the cut in the amount of cash transferred by the Federal Government. In 96-97 the Canada Health and Social Transfer funding replaced it and is still ongoing.

28. Please provide information as to the minimum wage rate in various provinces and territories and any changes in its real value over the last few years. Please indicate how the income from a full time job at minimum wage compares with the poverty line. What do the federal and provincial governments intend to do to ensure that minimum wages are adequate?

The current minimum wage rates in the Northwest Territories came into effect on April 1, 1991 and were set out in Canada's Third Report at paragraph 1740.

As minimum wages are established in the Labour Standards Act, the valuation of minimum wages is determined by the Legislative Assembly.

31. Please provide information regarding the rights of farm workers and domestic workers to organize and bargain collectively and identify any changes in provincial labour legislation which has affected these rights. Is there any justification for denying these workers collective bargaining rights accorded to other workers?

There is no legislative impediment that would limit or stop farm workers or domestic workers from organizing themselves in collective bargaining units. The Labour Standards Act is the legislation of most import to workers in the Northwest Territories. It recognizes "trade unions" without limiting who may participate in these.

On a practical level, there are not sufficient farm workers in the Northwest Territories to make it likely or feasible that they would organize and bargain collectively.

Changes in cost-sharing arrangements in respect of legal aid may have had an adverse effect upon the public's ability to seek civil remedies in respect of social or economic rights such as seeking or varying child support, custody or access. The Legal Services Board is concerned about maintaining the level of service to the public.

An official position does not exist in the Northwest Territories on the interpretation of whether section 7 of the Canadian Charter of Rights and Freedoms includes the protection of social and economic rights.

54. Does the Canadian government have any evidence of restrictions in access to health care for the poor? If so, what is the government doing to remedy the situation?

There are no identified restrictions in access to health care for the poor in the Northwest Territories.

The percentage of discharged psychiatric patients that end up homeless is very small, but for those who do there are group homes and local support mechanisms.

The Northwest Territories has a small population, and the amount of homeless people is also very small. There is no collected data on the particular health problems of the homeless.

The number of people taking drug therapy for HIV/AIDS is very small; therefore, the costs are negligible for the Government of the Northwest Territories.

58. What steps are being taken in Canada to ensure that changes in health service delivery do not adversely affect the most vulnerable groups in society?

One way that changes in health service delivery are addressed so that the impact on vulnerable groups is minimal, is the participation of committees in health care delivery so that many interests are represented. Committees can assess the impact on the population and make the necessary modifications before changes are implemented.

59. The Committee has received information that between 1990 and 1995 the average tuition fees for post-secondary education rose by 62% in real terms. The average student debt at graduation seems to have almost tripled since 1990. What are the steps taken to ensure that post-secondary education remains equally accessible to all, regardless of income?

Aboriginal students and students who have attended school in the NWT are eligible for a basic grant that covers tuition for up to $1250 per semester. All students may also apply for a needs assessed loan to cover high tuition expenses. A public consultation and review of the current NWT Student Financial Assistance Program has led to the development of a redesigned program model. If approved it will include increased grants for tuition, remissible loans for living expenses, and new debt reduction and repayment measures.

The Adult Basic Education program is delivered primarily through the 38 community learning centres of the two public colleges as well as through some community based agencies. The program provides academic preparation from a basic literacy level to a Grade 12 level. This program prepares students for further education, training, employment and community participation. Approximately 400 students participate annually in Adult Basic Education on a full-time basis.

The goals of the Community Literacy Programs Fund and Aboriginal Languages Literacy Projects are to encourage the active involvement of community organizations in the development and support of local literacy education. Approximately 300 individuals participate annually in literacy related activities, primarily on a part-time or short term basis.

For the academic years of 1994 to 1999, the Northern Skills Development Program has funded the public colleges to provide literacy, life skills and employment preparation for income support recipients. In 1997 to 1998 24 communities, without base funded adult education services, received funding under this program so that full or part-time adult basic education programming would be available in all communities. Approximately 200 individuals participated in these programs last year.

61. What steps have been taken in Canada to extend knowledge of, and respect for, the culture of Aboriginal people?

In the establishment policy for the former Department of Culture and Communications, currently part of the Department of Education, Culture and Employment, the GNWT identified the following principles in directing the Department to carry out its mandate:

Preservation, development and revitalization of Aboriginal languages in the Northwest Territories is vital to cultural enhancement and the provision of multilingual services.

Support for cultural and artistic endeavours encourages the preservation and promotion of cultural diversity and lifestyles in the Northwest Territories.

Professional museum and heritage programs assist people to protect and interpret their own history and preserve and strengthen their traditional knowledge and culture.

Several Government of the Northwest Territories Policies and Directives support grants, contributions and services for arts, cultural and heritage activities including (numbers preceding titles are policy numbers):

17.00 Establishment Policy, Culture and Communications, January 10, 1989
17.01 Culture and Communications Grants and Contributions Policy, April 6 1990
17.02 Northwest Territories Arts Council, May 16, 1989
17.03 Geographical and Community Names Policy, May 28, 1990
17.05 Heritage Services Policy, October 20, 1993
17.06 Northwest Territories Archives Policy, October 20, 1993
17.07 Collections Disposal Policy, October 20, 1993
17.08 Heritage Grants and Contributions Policy, October 20, 1993
Knowledge of and respect for the culture of Aboriginal people is also extended through the school curriculum.

80. The new welfare program of the NWT provides for a shelter provision limited to $450 per month for single persons. This is less than what was provided in 1997. Explain how this situation is compatible with the rights of NWT residents to housing and to adequate standard of living.

The Income Support Program in the Northwest Territories placed a cap on the allowable housing allowance for single persons in January, 1997.

Since the implementation of this policy there have been no appeals on the basis that clientele are unable to obtain suitable housing. The lack of appeals is attributed to the Social Housing Program in the Northwest Territories that has a rent scale based on income. For those housing clients who are eligible for Income Support, the rent is $32. This rent is well within the $450 rental cap. For those who cannot obtain public housing, the $450 allowance is determined to be adequate to cover the cost of room rental or shared accommodation. This allowance is the highest in Canada. It is to be noted that the program pays full utility costs.

The policy capping the housing allowance for single persons does not apply to persons with disabilities or to those who can demonstrate a need that will necessitate a greater expenditure.

81. Has the positive trend in the reduction of school drop-outs in the NWT been upheld since 1991?

Participation rates in high school have been increasing. Grade extensions in communities that previously did not have local high schools have been the means for many people to finish their high school education. As a result, the graduation rate in the Northwest Territories is now increasing. The graduation rate for the Northwest Territories was 27% for 1997 and is expected to rise above 30% for 1998.

This year the Department of Education, Culture and Employment has also asked schools and boards to track the reasons why students leave the system so that the department can distinguish between the people who have dropped out of school and those who have moved to other locations.

2. National Corn Growers v. C.I.T., [1990] 2 S.C.R. 1324 at 1371; Daniels v. White and The Queen, [1968] S.C.R. 517; Capital Cities Communications Inc. v. C.R.T.C., [1978] 2 S.C.R. 141: Pushpanathan v. Minister of Citizenship and Immigration (S.C.C., June 4, 1998).

3. Reference Re Public Service Employee Relations Act (Alta.), [1987] 1 S.C.R. 313; R. v. Tran, [1994] 2 S.C.R. 951; Mills v. The Queen, [1986] 1 S.C.R. 863; Kindler v. Canada (Minister of Justice), [1991] 2 S.C.R. 779; R. v. O'Connor, [1995] 4 S.C.R. 411; R. v. Brydges, [1990] 1 S.C.R. 190; B. (R.) v. Children's Aid Society of Metropolitan Toronto, [1995] 1 S.C.R. 315; Slaight Communications Inc. v. Davidson, [1989] 1 S.C.R. 1038; Edmonton Journal v. Alberta (Attorney-General) (1989), 64 D.L.R. 577; Canada (Human Rights Commission) v. Taylor, [1990] 3 S.C.R. 892..

4. Young v. Young, [1993] 4 S.C.R. 3; P.(D.) v. S.(C.), [1993] 4 S.C.R. 141 (in concluding that the broad discretion given to courts to determine "the best interests of the child" was not constitutionally vague, the S.C.C. highlighted the universal usage of this term, including in the Convention on the Rights of the Child); Gordon v. Goertz, [1996] 2 S.C.R. 27; W.(V.) v. S.(D.), [1996] 2 S.C.R. 108 (in considering whether a custodial parent had the right to choose the residence of his or her child, L'Heureux-Dubé, in dissent, noted that the Convention on the Rights of the Child recognized the best interests of the child as primary consideration in actions concerning children); R. v. L. (D.O.), [1993] 4 S.C.R. 419 (in regard to the admission of videotaped statements of young sexual assault complainants into evidence at trial, the Court found that an age limit of 18 was not arbitrary. The minority concurring opinion stated that: "This international convention [Convention on the Rights of the Child], to which Canada is a signatory, demands that Canadian children under the age of 18 be protected as a class ... ." (at p. 465)) See also the dissent in Chan v. Canada, [1995] 3 S.C.R. 593.

6. A.G. Can. v. A.G. Ont. et al. (Labour Conventions Case). [1937] 1 D.L.R. 673

7. Krahn, Harvey. "Non-standard work on the rise" in Perspectives. Ottawa: Statistics Canada. Winter 1995.

9. The LICOs vary by family size and size of area of residence. They have no officially recognized status as measure of actual poverty, nor does Statistics Canada promote their use as poverty thresholds. However, they are often portrayed as such by advocacy organizations and the media.

10. Arrow River Tributaries Slides Boom Company Ltd. v. Pigeon Timber Company Ltd., [1932] S.C.R. 495 and Les Entreprises de rebuts Sanipan c. Le Ministre de l'Environnement et de la Faune, [1995] R.J.Q. 821 (C.S.).

12. A.G. Canada v. A.G. Ontario (The Labour Conventions Case), [1937] A.C. 326.

13. Les entreprises de rebuts Sanipan c. Le Ministre de l'Environnement et de la Faune, cited in footnote 2 [sic] above; National Corn Growers v. CIT, [1990] 2 S.C.R. 1324.

18. Godbout v. Longueuil (Ville), [1997] 3 S.C.R. 895: Certain Supreme Court justices decided that the right to liberty, protected by section 7 of the Canadian Charter, includes the liberty to choose the place to establish one's residence. Justice La Forest added:

"Support for this view is found in the fact that the right to choose where to establish one's home is afforded explicit protection in the International Covenant 3 on Economic, Social and Cultural Rights, Can. T.S. 1976 No 47, to which Canada became a party in 1976. As the respondent informed us Article 12(1) of that convention reads as follows:

ART. 12 (1) Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.

While subsection (3) of that provision provides that the right at issue can be limited by States for certain stipulated reasons, the fact remains that the right to choose where to reside is itself enshrined as one of the Covenant's fundamental guarantees. Given this Court's previous recognition of the persuasive value of international covenants in defining the scope of the rights guaranteed by the Charter (see e.g. Reference re Public Service Employee Relations Act (Alta), [1987] 1 S.C.R. 313 at p. 348, per Dickson C.J. (Dissenting) cited with approval in Slaight, supra at pp. 1056-57), I regard Article 12 as strengthening my conclusion that the right to decide where to establish one's home forms part of the irreducible sphere of personal autonomy protected by the liberty guarantee in s. 7."

22. The inclusion of these rights in the Charter was the subject of formal recommendations by the Commission. See: Commission des droits de la personne, Mémoire à la Commission permanente de la justice sur la Charte des droits et liberté de la personne, October 1981, pp. 147-151.

23. World Conference on Human Rights, Final Declaration, UN Doc., CONF./A 157/23, para 5 (1993).

24. See also Commission des droits de la personne du Québec c. Brzozowski (1994), R.J.Q. 1447 (T.D.P.Q.) [exploitation]; Droit de la famille 198, [1985] C.S. 397 [rights of children to protection, security and the attention of their parents]; Commission des droits de la personne du Québec c. Commission scolaire Deux-Montagnes (1993), R.J.Q. 1297 (T.D.P.Q.) [fair and reasonable working conditions].

25. See Commission des droits de la personne du Québec c. Commission scolaire de Saint-Jean-sur-Richelieu (1991), R.J.Q. 3003 p. 3037 (T.D.P.Q.), confirmed in (1994) R.J.Q. 1227 (C.A.).

26. Commission des droits de la personne et des droits de la jeunesse c. Montréal (Ville), C.A.M. No. 500-09-000602-953, February 13, 1998 (Philippon J.), p. 31.

28. See the Committee's General Comment No.4 (1991) on the right to adequate housing: Report of the Sixth Session, E/C.12/1991/4 Annex III, p. 121 (para. 9).

33. From 1994 to 1997 inclusive, 3,529 Charter-based complaints were open at the Commission. Over the same period, the courts rendered 60 judgments on the merits.

34. Of the 3,416 files closed by the Commission between 1994 and 1997, a settlement was negotiated in 715 cases.

35. Committee on Economic, Social and Cultural Rights, General Comment No. 3 (The Nature of States Parties Obligations), Report on the Fifth Session, E/C.12/1990/8, para 5.

36. This program was ended as part of the overall reform of labour market policy.

37. Step two consisted in transforming Quebec's public employment services, which were formerly more passive and focused on income support, into pro-active, dynamic services designed to help people enter the labour force through personalized measures.

38. One of the Report's main recommendations (Recommendation No. 7) reads as follows: "The Quebec Government should recognize explicitly, in its social legislation as well as in the regulations governing its application, the principle according to which any individual in need is entitled to assistance from the state, whatever the immediate or remote cause of this need may be."

42. Government of Quebec, Treasury Board, L'effectif de la fonction publique au Québec, 1997.

45. Government of Quebec, Department of Income Security, Statistiques sur la pauvreté au Québec en 1995 et son évolution depuis 1973 selon les seuils de faible revenu de Statistique Canada, 1998.

46. Income Security Reform: The Road to Labour Market Entry, Training and Employment. Appendix 12: Table of essential needs recognized in 1996. Department of Income Security of Quebec, 1996, 94 pp.

47. Statistiques officielles sur les prestataires de l'aide sociale. Direction générale des politiques et programmes de la sécurité du revenu. Direction de la recherche, de l'évaluation et de la statistique, May 1997.

48. Statistiques officielles sur les prestataires de l'aide sociale. Direction générale des politiques et programmes de la sécurité du revenu. Direction de la recherche, de l'évaluation et de la statistique, May 1998.

49. Statistiques officielles sur les prestataires de l'aide sociale. Direction générale des politiques et programmes de la sécurité du revenu. Direction de la recherche, de l'évaluation et de la statistique, May 1998.

51. National Council of Welfare, Welfare Incomes 1993 (and 1995). Supply and Services Canada, 1994 (and 1997).

52. "Minorités autochtones" in the French questions is a mistranslation of "indigenous minorities" in the original English questions - TR.

53. These figures were also taken from latest version of Statistics Canada's publication Low Income Cut-offs, for a family of four. The three different totals reflect the different standards of "low income" in different areas of residence. Again, these figures are not recognized by the Province of New Brunswick, nor by Statistics Canada, as the "poverty line," for each area, but are only a general figure used to help determine low-incomes in Canada.

54. Statistics from Labour Force Historical Review, Statistics Canada, Cat. No. 71f0004xcb, and Canada Labour Force Survey.

Provinces	1992	1993	1994	1995	1996	1997
Newfoundland	4.75	4.67	4.66	4.56	4.56	4.82
Prince Edward Island	4.75	4.67	4.66	4.56	4.61	4.86
Nova Scotia	5.00	5.06	5.05	4.94	4.91	5.10
New Brunswick	5.00	4.91	4.90	4.80	5.08	5.11
Quebec	5.59	5.64	5.77	5.87	6.15	6.25
Ontario	6.06	6.24	6.57	6.57	6.47	6.37
Manitoba	5.00	4.91	4.90	4.92	5.10	5.02
Saskatchewan	5.03	5.26	5.25	5.13	5.07	5.20
Alberta	4.87	4.91	4.90	4.80	4.72	4.65
British Columbia	5.46	5.77	5.88	6.28	6.61	6.51

2. Weekly Earnings
Average ($)	546.81	549.64	554.35	564.98
Relative Gain (%)	0.8	0.5	0.9	1.9

3. Hourly Wage
Average Hourly Wage ($) Excluding Overtime	13.64	13.72	14.05	14.23
Relative Gain (%)	1.0	0.6	2.4	1.3
Minimum Wage in Relation to Average Hourly Wage (%)	44.0	47.0	47.6	47.8

Jurisdiction	Wage Rate
Federal	Same as the general adult minimum wage rate in each provincial and territorial jurisdiction
Newfoundland	$5.25
Prince Edward Island	$5.40
Nova Scotia	$5.50
New Brunswick	$5.50
Quebec	$6.80
Ontario	$6.85
Manitoba	$5.40
Saskatchewan	$5.60
Alberta	$5.00
British Columbia	$7.15
Northwest Territories	$6.50
Yukon Territory	$7.06

	1995-96	1996-97	1997-98	1998-99	1999-00
Health	1.4	2.0	2.3	2.5	2.6
Education	0.7	0.9	1.1	1.2	1.2
Income Security	0.1	0.3	0.6	0.7	0.7
Total Federal Cuts	2.2	3.2	4.0	4.4	4.5

4. Growth in Consumer Price Index (CPI) - Quebec
Relative Gain (%)	-1.4	1.8	1.6	1.4

5. Growth in Gross Domestic Product (GDP) (%) - Quebec
	3.2	1.4	1.0	2.6

	1995-96	1999-00	Difference
Canada	18.5	12.5	-6.0
Quebec	5.5	3.8	-1.7