British Columbia

General

  1. This report contains information on government initiatives respecting the elimination of discrimination against women during the period of April 1, 1994 to March 31, 1998. As such, this document is British Columbia's submission to Canada's Fifth Report on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Article 2: Anti-Discrimination Measures

  1. Essentially, there are two overlapping legislative schemes that address the issue of discrimination against women in British Columbia. First, there is the Canadian Charter of Rights and Freedom (the Charter). As one of the cornerstones of the Canadian Constitution, the Charter applies to all provinces and territories. Second, British Columbia, along with all the other provinces in Canada, has passed its own human rights legislation designed to promote equality amongst its citizens-- British Columbia Human Rights Code (R.S.B.C. 1996, c. 210).

Human Rights Code

  1. Like the Charter the British Columbia Human Rights Code (the Code) also prohibits discrimination against women. The essence of the Code is to protect against discrimination in four broad areas: employment; publications; sale and rental of property; and services, facilities and accommodation that are customarily available to the public. In each of these four broad areas, discrimination on the ground of "sex" is strictly prohibited.

Human Rights Advances in British Columbia

  1. The period 1994-98 witnessed a series of important developments in the human rights scheme in the province. In February 1994, the provincial government commissioned law professor and human rights expert, Bill Black, to conduct a complete review of the British Columbia human rights system. After holding extensive meetings throughout the province, Professor Black submitted his findings in September 1994. In his report, Professor Black recommended a structural and procedural reorganization of the British Columbia Human Rights Council. In short, he advocated a separation of the Council into two distinct bodies -- a commission and a tribunal -- so there would be a separation of adjudicative functions on the one hand from educational and advocacy functions on the other.

  2. Effective January 1, 1997, the provincial government adopted the majority of Professor Black's recommended structural and procedural amendments, and the British Columbia Council of Human Rights was replaced by the British Columbia Human Rights Commission and the British Columbia Human Rights Tribunal. As well, a voluntary community-based Human Rights Advisory Council was established as a vehicle to transmit the views of the community to the Human Rights Commission and the Minister Responsible for Human Rights.

  3. The British Columbia Human Rights Commission plays a broad public education role. While their activities are too numerous to list in full, relevant examples of their engagement in advancing women's equality include the commission of a report entitled Factors Affecting the Economic Status of Older Women in Canada: Implications for Mandatory Retirement, as well as participation in activities to recognize both the International Women's Day on March 8th and Prevention of Violence Against Women Week, April 16-22.

Ministry of Women's Equality

  1. In November 1991, the British Columbia Government established the Ministry of Women's Equality (MWE), Canada's first and only free-standing ministry dedicated to advancing equality for women. MWE consults, researches, advocates and educates on equality for women, particularly in the areas of economic equality, ending violence against women, and women's health and social justice. The Ministry recognizes the diversity of women in British Columbia by ensuring its policies, programs and services are accessible and responsive to the needs of all women.

  2. As part of its central agency role in advocating for social reform, MWE provides expertise on gender inclusive analysis to other government decision makers so they may determine whether new legislative, policy and program recommendations support equality for women. During the reporting period, the Ministry published a revised Gender Lens guide on gender inclusive policy analysis and provided training on its integration into all stages of policy/program development, implementation and evaluation work. MWE also published new editions of Women Count: A Statistical Profile of Women in B.C. which includes information relating to women's employment and wages, education, health, experiences of violence, and access to decision making. In a related vein, the Ministry contributed to the development and distribution of Economic Gender Equality Indicators to assist in planning strategies to promote economic equality for women. MWE has become the leading agency in a major government strategy to address the issue of violence against women. The strategy has a three-pronged approach: to stop violence against women; to support women who have experienced violence; and to assist communities in preventing such violence. The Ministry funds community-based intervention services, for example, transition houses, including those with specialized services for Aboriginal women and for women who have mental health or addiction problems. MWE also funds safe homes, second-stage housing, counselling programs, sexual assault and woman assault centres, training programs for direct service providers, as well as counselling programs for abusive men.

  3. In fiscal year 1997-98, MWE had a staff of 81 and a total budget of $38 million. Of this, $30.8 million was dedicated to Stopping the Violence initiatives. Stopping the Violence initiatives grew substantially from 1991 to 1997.

  4. In its work to change the behaviours, attitudes and conditions that underline violence against women, MWE undertook a number of activities. For example in 1998, the Ministry hosted two symposiums on the prevention of violence where representatives from many sectors across B.C. worked to identify strategies to address the root causes of violence. MWE also launched, in partnership with the BC Broadcasters Association and other community organizations, a 10-year Live Violence Free public education program, which introduces issues of violence against women and encourages individuals and communities to get involved in preventing such violence. Funding was also provided to publish documents such as A Safer Future for B.C. Women; Keeping it Safe -- Women at Work; No Means No; and Are You Being Stalked? These publications deal with broad issues such as prevention of violence against women, developing safe workplaces, date rape and criminal harassment.

  5. The provincial government has implemented other measures to increase women's safety, including the implementation of the Violence Against Women in Relationships (VAWIR) policy which places proactive responsibility on the police to arrest (and the Crown to prosecute) alleged abusers. Other examples of women-centred anti-violence programs include the provision of 911 cellphones to women considered at extreme risk of relationship violence in nine of the province's communities. MWE also supported the creation of a central Protection Order Registry established by the Ministry of Attorney General to enhance women's safety by facilitating the protection of restraining orders and peace bonds and allowing police access to civil and criminal enforcement orders 24 hours a day, seven days a week. Finally, MWE was active in seeking a declaration of two province-wide weapons amnesties to bring attention to the misuse of firearms, spousal homicides, and the use of weapons in threats, coercion, and physical and sexual assaults against women. In these two initiatives alone, nearly 5,000 firearms and more than 198,000 rounds of ammunition were voluntarily surrendered.

Article 2 - Links to Convention and other sections
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Articles 3 and 7: Measures to Ensure the Advancement of Women and Women in Politics and Public Life

Political Rights

  1. The right to vote in a federal election is constitutionally guaranteed in s. 3 of the Canadian Charter of Rights and Freedoms.

  2. British Columbia also guarantees the right of all citizens over the age of 18 to vote in provincial and municipal elections pursuant to the Election Act (R.S.B.C. 1996, c. 106, s. 29).

  3. Further information on the protection of political rights can be found in British Columbia's contribution to Canada's Fourth Report on the International Covenant on Civil and Political Rights.

Participation of Women in Leadership Positions Within Government

  1. During the reporting period, MWE worked to expand opportunities for women to participate in decision making by advocating for gender equity in government boards, commissions and planning bodies. In March 1998, women made up 45 percent of such appointments, compared to approximately 25 percent in 1991.

  2. In addition to advocacy on the part of MWE the British Columbia Government's Employment Equity Program is designed to ensure greater representation of women in management level positions within the public service. Substantial inroads have been made in encouraging the promotion of women within the public sector.

Publicly Funded Child Care

  1. The British Columbia Government funds a variety of child care services and systems. As women typically take on the primary responsibility for child care, these provisions can potentially provide them with greater access to training and jobs. An annual budget of $188 million is used to support a number of child care-related programs, including the Child Care Subsidy Program, which provides financial support for low-income families to pay for child care. The budget also supports the Compensation Contribution Program, which assists group child care programs to attract and keep staff by supplementing the wages of child care providers. The monies also support the Infant/Toddler Incentive Grant program, which helps licensed family child care providers cope with the extra costs associated with the care of infants and toddlers. The government funds the Emergency Repair, Replacement and Relocation Grant program to help child care facilities maintain safety standards and retain child care spaces. Finally, through this allocation of $188 million, the government funds local non-profit associations through the Child Care Resource and Referral programs to enable these organizations to provide training, support, resources and referral services for child care providers and parents in more than 170 communities in the province.

Article 3 - Links to Convention and other sections
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Article 7 - Links to Convention and other sections
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Article 4: Temporary Special Measures

  1. The Human Rights Code, s. 42, permits employment equity programs which seek to improve the participation of disadvantaged groups in the work force, including women.

Article 4 - Links to Convention and other sections
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Article 5: Elimination of Stereotypes

Modifying Social and Cultural Patterns to Eliminate Prejudices

  1. Some of the measures implemented to eliminate sex role stereotyping and prejudice include the production of a video and discussion guides, entitled Raising Young Voices, which examine the impact of gender socialization on the self-image and aspirations of young women. The kit was developed for parents, teachers and school administrators. Government funding was also provided for community-based projects that promote positive body images for young women, as well as programs aimed at increasing fitness and recreation opportunities for young girls. Finally, funding was provided to non-profit societies through the provincial Information, Science and Technology Agency's "Partners in Science Awareness" campaign to undertake projects to increase women's and girls' interest in science and technology-related career opportunities.

Family Education

  1. The importance of maternity as a social function and recognition of the common responsibility of men and women in the upbringing and development of their children is highlighted in legislation such as the Human Rights Code and the Employment Standards Act. The Human Rights Code protects women's right to breastfeed their children both at work and in public places. In the Code, both s. 8 (which deals with discrimination in public services and facilities) and s. 13 (which deals with discrimination in employment) prohibit discrimination on the basis of sex. This prohibited ground would extend to include women who wish to breastfeed.

  2. In terms of protections in the realm of employment, Part Six of the Employment Standards Act offers significant safeguards to working women by providing legislatively sanctioned pregnancy, parental and family responsibility leaves.

Article 5 - Links to Convention and other sections
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Article 6: Trafficking of Women and Prostitution

Interministerial Assistant Deputy Minister Committee on Prostitution and the

Sexual Exploitation of Youth

  1. In 1994, an interministerial Assistant Deputy Minister Committee on Prostitution and the Sexual Exploitation of Youth (the ADM's Committee) was created. The ADM's Committee is comprised of representatives from nine provincial government ministries who meet on a regular basis to ensure that there is an integrated provincial approach to sexual exploitation and prostitution. The ADM's Committee has developed and continues to improve a province-wide government response that combines both enforcement efforts and social supports. The ADM's Committee also provides funding support to a small annual grant program ($5,000 per project) for community action teams and other organizations to address the sexual exploitation of youth and other prostitution-related issues at the local level.

Provincial Action Plan on Prostitution

  1. In an effort to further the work of the ADM's Committee, the Province of British Columbia developed a Provincial Action Plan on Prostitution in 1995. The objectives of the Plan are to respond to the needs of sexually exploited youth, to prevent recruitment and sexual exploitation of youth and women through prostitution, and to address violence against women in the sex trade.

Provincial Prostitution Unit

  1. One of the Plan's recommendations was the creation of a Provincial Prostitution Unit, which was implemented in 1996. The Provincial Prostitution Unit is made up of a team of three police officers, a community coordinator, a Crown Counsel and a social worker who work together with communities across British Columbia to develop integrated prevention, education, enforcement and intervention strategies for addressing local problems. The Unit has trained police, judges and the Crown on the dynamics of prostitution and sexual exploitation of youth, as well as advocating enforcement strategies which focus on the pimps and adults buying sex rather than on the sex trade workers themselves. In addition, the Unit assists police agencies with enforcement operations around the province, and provides advice, assistance, and education workshops to other service providers, youth and caregivers.

  2. In a relatively short time frame, the Provincial Prostitution Unit has assisted with the establishment of 17 Community Action Teams across the province and provides support to these teams. The Action Teams consist of provincial and municipal government representatives, service providers, youth, caregivers, and other concerned individuals who work together at the community level to address prostitution-related issues.

  3. The Provincial Prostitution Unit is also concerned with the larger question of the international trafficking of women. During the reporting period, the Unit began exploring ways to address the problem of trafficked women and children who end up in British Columbia. The work of the Unit with respect to the global trafficking of women is strongly supported by the British Columbia Ministry of Attorney General. Discussions have already taken place between the British Columbia Ministry of Attorney General and the federal Minister responsible for Immigration in an attempt to develop a coordinated nation-wide response to this issue.

Prevention and Awareness

  1. Recognizing that many adult prostitutes entered the sex trade as children or youth, British Columbia has implemented a variety of prevention and awareness initiatives. Some of the relevant initiatives include: a province-wide poster campaign aimed at raising awareness about the sexual exploitation of children and youth; the development and distribution of a resource package, entitled Being Aware, Taking Care, for individuals and groups to assist communities, parents and schools in addressing the sexual exploitation of youth; and the establishment of a youth drama group that facilitates workshops focusing on the issue of the sexual exploitation of youth.

Funding

  1. Each year, the British Columbia Ministry of Attorney General spends approximately $1,000,000 to address the issues of prostitution and the sexual exploitation of youth. This financial commitment provides funding to a variety of different services and programs including the Provincial Prostitution Unit, two street outreach workers and prevention/awareness programs.

  2. The Ministry of Women's Equality (MWE) provides funding through its program A Safer Future for B.C. Women to the Global Alliance Against Trafficking in Women (GAATW), an organization which examines the issue of trafficking women in Canada with the goal of developing strategies to address and prevent such trafficking. The Ministry also funds Prostitutes Empowerment, Education and Recovery Society, an organization comprised of current and former teenaged prostitutes which reviews government policies and services that affect teenaged prostitutes in order to provide feedback to government.

Article 6 - Links to Convention and other sections
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Article 10: Education

  1. The Government of British Columbia has implemented a number of programs and services to provide girls and women equal access to training and education opportunities. For example, the Ministry of Education has a Gender Equity Program which has a mandate to improve opportunities, access and support for all girls and women in the province's education system by promoting the principles of gender equity. Specifically, the Gender Equity Program targets teacher education, curriculum development, learning resources, district policy and classroom practice.

  2. The largest component of the Gender Equity Program is the provision of grant support for projects throughout the education system. Individuals, organizations and districts have developed appropriate curriculum outlines, learning resources, conferences, research and district policy.
  3. Another important initiative designed to promote gender equity in education was the decision to freeze tuition fees for colleges and universities in the province. Tuition fees have remained frozen since 1995, thus affording more women the opportunity to access post-secondary education.

  4. A third initiative was the creation of the provincial Industry, Training and Apprenticeship Commission. The Commission has a mandate to increase women's representation in apprenticeship programs. Equity initiatives undertaken with business, labour and education are designed to bring the proportion of work-based training positions held by women, Aboriginal people, visible minorities and other disadvantaged groups in line with their share of the provincial population.

  5. In addition, the government established a number of bursaries and funding programs in order to encourage women's enrolment in programs traditionally dominated by men.

  6. Other initiatives undertaken to improve education and training opportunities for women include building an employment equity component into large infrastructure projects, such as the Vancouver Island Highway Project to ensure that women and other equity groups receive adequate employment and training opportunities. Equity initiatives on the highway project included active recruitment from the communities along the highway, as well as equity, diversity and harassment training. Female applicants were eligible to receive training that allowed them to work on the highway project in such areas as labouring, heavy equipment operations and truck driving.

  7. Within government itself, bridging programs have been developed in order to support the advancement of women into more senior positions. For example, Opportunities '90s, sponsored by the Ministry of Transportation and Highways, enabled finance or administration employees (mainly women in clerical positions) to sample a job in a technical field before committing to training and competition.

  8. Finally, the Government of British Columbia funds the B.C. Benefits initiative with a view to helping low-income women to either remain in or return to an employment situation. Two related programs -- Youth Works and Welfare to Works -- offer a variety of job search and skill development services.

Article 10 - Links to Convention and other sections
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Article 11: Employment

  1. The provinscial government is committed to closing the wage gap between women and men in British Columbia and to making the workplace more responsive to women's needs and circumstances. For example, since 1992, the government has increased the minimum wage by $2.15 an hour, making it $7.15 per hour as of April 1, 1998 -- providing a boost for British Columbia's 90,000 minimum wage earners, about 60 percent of whom are women. Also since 1992, there have been $123.4 million in wage increases for low-paid workers in the health and social services sector, again most of whom are women. In addition, $86 million in pay equity adjustments for women in the public sector helped to set a standard for women to receive equal pay for work of equal value.

  2. The fifth reporting period has witnessed a number of changes to employment and labour legislation. Changes to the Employment Standards Act extend coverage to live-in domestic workers to prevent unfair working conditions. A new Regulation under the Act requires employers to register domestic workers with the Employment Standards Branch and clarifies the rights of the worker and the obligations of the employer.

Article 11 - Links to Convention and other sections
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Article 12: Health

  1. The British Columbia Women's Hospital and Health Centre was established in 1994 to provide a broad range of women's health services. For example, services are provided in the areas of: osteoporosis; infertility; recurrent pregnancy loss; sexual health; contraception; abortion services and counselling; midwifery; prenatal diagnosis; comprehensive pregnancy care; breast health; HIV/AIDS; residential and non-residential women's addiction centres; cervical screening programs for Aboriginal women; community education on women's health issues; and emergency sexual assault treatment.

  2. Also during the reporting period, the Women's Health Bureau was established within the Ministry of Health. The mandate of the Bureau is help the Ministry of Health to promote a health care system that is responsive to the unique needs of women and to enhance understanding of women's health care issues among government and health care providers.

  3. To bolster the government's goal that the health care system be made more responsive to women's needs, the Advisory Council on Women's Health was established. The Council advises the Minister of Health on key health issues for women in order to fashion methods and systems to improve the health and well-being of women, their families and communities.

  4. In addition to the initiatives of the Ministry of Health, the Ministry of Women's Equality (MWE) also advocates for improvements in the health care system for women. For example, MWE advocated for strong representation of women in regional health authority organizations. In British Columbia, 54 percent of the 583 members of government-appointed regional health boards and community health councils are women. Twenty-three percent of chief executive officers -- the most senior health care officials for the health authorities -- are women. The Ministry has also worked with the newly-created B.C. Centre of Excellence for Women's Health in identifying the social determinants of health and articulating the features of women-centred health care.

  5. In this reporting period, the government has sought to strengthen women's choices with respect to reproduction. With respect to the provision of abortion services, the government has instituted additional provisions to ensure the safety of both providers and women seeking those services. In 1995, the government introduced the Access to Abortion Services Act which created four "bubble zones" around facilities that provide abortion services as a proactive measure to address safety concerns.

  6. There are now also more choices available to women with respect to childbirth. Changes to government policy make midwife-assisted births a legal option for healthy women with normal, low-risk pregnancies. In order to assist women to exercise this choice, the College of Midwives of British Columbia registers midwives who are available to provide this service.

  7. Other programs and services include the Screening Mammography Program of British Columbia operated by the province's Cancer Agency and funded by the Ministry of Health. The Program operates 24 screening centres and four mobile services throughout the province. British Columbia was the first jurisdiction in North America to introduce a government-funded mammography screening program.

  8. As well, the government established the Aurora Centre for the research and treatment of women's addiction problems at British Columbia's Women's Hospital and Health Centre. The centre includes 25 residential beds and 10 day treatment spaces. It is also the home of two provincial consultants on prevention and early intervention in fetal alcohol syndrome (FAS), as well as a provincial research consultant on women and addiction.

  9. At the same time, the government has provided additional funding to ensure that addiction programs for women were extended to all regions of the province. Other government-supported addiction services include withdrawal management, outpatient, residential and support recovery.

  10. During the reporting period, the government has introduced a number of programs directed at Aboriginal women and low-income women. The services aimed at improving the health of Aboriginal women include: health education services specifically designed for First Nations women; 96 addictions/mental health programs; a number of Pregnancy Outreach programs; and FAS/Effects programs.

  11. The programs targeting low-income women include providing pharmacare health benefits. In this program, the Ministry of Health will reimburse 100 percent of the costs of prescriptions over the $600 deductible.

Article 12 - Links to Convention and other sections
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Article 13: Economic and Social Life

Economic Rights

  1. Women and men in British Columbia have equal rights to take out bank loans, mortgages, and other forms of financial credit. Women can pursue these financial services alone without the consent of their husbands or fathers.

  2. The Government of British Columbia is seeking to advance beyond this formal equality between men and women towards substantive equality between the sexes. In recognition of the particular challenges women face in achieving substantive economic and social equality, the province initiated a number of legislative changes during the reporting period. For example, changes to the Pension Benefit Standards Act have enhanced economic security provisions for women by legislating pensions for part-time workers, portability of plans between different employers, shorter vesting periods and minimum survivor benefits requirements. In addition, legislation governing the Workers' Compensation Board (WCB) extended survivor benefits (retroactively) to all surviving spouses, regardless of current marital status, to make more survivors eligible for benefits, therefore increasing their financial security. Workers' coverage was also extended to banking, office and domestic employees as well as to farm workers.

  3. Advances were also made on the policy side as well. For example, the MWE helped develop public education programs, such as Money Smarts for Young Women and Starting Your Own Business: A Resource Guide for Women, to empower young women to take greater control of their financial future and to provide basic information, checklists and contacts for those wanting to start their own business.

Social and Cultural Rights

  1. With respect to social and cultural rights, women in the province share equal rights with their male counterparts to participate in recreational activities, sports and cultural activities. As previously mentioned under Article 5, the Government of British Columbia actively funds programs to bolster women's and girls' participation in sport and other recreational activities.

Article 13 - Links to Convention and other sections
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Article 14: Rural Women

  1. MWE has taken on a leadership role in order to ensure that women's voices are heard and that they have access to the services they need in their own communities. In the first instance, the Ministry provides a regional presence throughout the province. Twelve regional coordinators in seven regions work with community agencies to support effective regional delivery of Ministry programs in all areas of British Columbia. Second, MWE supports initiatives such as training for direct service providers to increase the skills needed to support women who have experienced violence. In all, training was provided for professionals in more than 300 direct service workers in over 90 agencies in rural and urban communities across the province. Third, 38 women's centres located in both rural and urban centres receive operational funding to provide women with support services such as information and referral, support groups, advocacy, job entry programs, pre-employment training, child care services, crisis counselling, housing registries, clothing exchanges and subsidized meal programs. Finally, MWE supports seven Violence against Women Community Coordination Programs which provide input and leadership to their local Violence Against Women in Relationships Coordination Committees. Committee members represent the justice system, health, education, women's services and other related organizations.

Article 14 - Links to Convention and other sections
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Article 15: Legal Rights

Equality of Women Before the Law

  1. Both Canada and the province of British Columbia accord women equality before the law. The Canadian Charter of Rights and Freedoms attaches to any government actor or act, including any law or regulation in any jurisdiction in Canada. Section 15, the equality provision, guarantees women the "right to equal protection and equal benefit of the law." The importance that Canada places on the equality between men and women is further supported by s. 28 of the Charter which states that "Notwithstanding anything in this Charter, the rights and freedoms referred to in it are guaranteed equally to male and female persons."

  2. Women in British Columbia may serve as lawyers, Crown prosecutors and judges. They are often called as witnesses and, of course, routinely serve on juries. In terms of jury selection, it is the sheriff in a given community who assembles a list of possible jurors. This list is generated by randomly selecting people from elections lists, as well as from First Nation band lists.

  3. In response to the 1992 Law Society of British Columbia's report, Gender Equality in the Justice System, the Ministry of Attorney General established the position of Gender Equity Special Advisor with the responsibility to report to the Deputy Minister. The Law Society's report included approximately 100 recommendations in eight areas: women in the legal profession; the treatment of women in the courts; family law; civil law; the justice system's response to violence against women; women as offenders; employment; human rights and immigration; and education. The Gender Equity Special Advisor's role was to ensure that government fulfilled its commitment to implement these recommendations. The Towards Justice for Women annual status reports document implementation efforts in these areas. By 1997, the Gender Equity Special Advisor had completed her role, and the principles of gender equity had been fully integrated into all aspects of the justice system in British Columbia.

Equality of Women in Civil Matters

  1. Women have the same legal rights as men to enter into contracts and to acquire or hold property. No distinction is drawn on the basis of gender in terms of anyone's legal capacity.

  2. Please refer to British Columbia's submission to Canada's Third Report on the International Covenant on Economic, Social and Cultural Rights for further information on the protection of civil rights that has not been included in this report.

Private Contracts Restricting Women's Legal Capacity

  1. Research has not revealed any evidence to suggest that people are entering into contracts or other private instruments which attempt to limit women's legal capacity in British Columbia. It does not appear to be a live issue in this jurisdiction.

Mobility Rights

  1. Mobility rights are constitutionally guaranteed in s. 6 of the Canadian Charter of Rights and Freedoms. Specifically, s. 6 provides that:

"6. (1) Every citizen of Canada has the right to enter, remain in and leave Canada.

"(2) Every citizen of Canada and every person who has the status of a permanent resident of Canada has the right

"(a) to move to and take up residence in any province; and

"(b) to pursue the gaining of a livelihood in any province."

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Article 16: Women and the Family

  1. The Family Relations Act (FRA) provides that on marriage breakdown, a dependent spouse may claim spousal support from the other spouse. This also applies to unmarried couples who live together for at least two years before separating, if the claim is made within one year of when they stopped living together. In determining whether to make an order, the court must look at the following: the role of each spouse in their family; an express or implied agreement between the spouses that one has the responsibility to support and maintain the other; custodial obligations; the ability and capacity of (and reasonable efforts made by) either or both spouses to support themselves; and economic circumstances.

  2. The FRA also provides that upon marriage breakdown, the spouses are entitled to an equal division of family assets, unless they agree (or the court orders) otherwise. These provisions also apply to unmarried couples who make an agreement.

  3. The FRA says that the mother and father of a child are joint guardians of the child as long as they live together, regardless of whether they are married to each other, unless a tribunal of competent jurisdiction orders otherwise. If the parents separate, they remain joint guardians of the estate of the child, and the parent who usually has care and control of the child is the sole guardian of the person of the child, unless a tribunal of competent jurisdiction orders otherwise. Under the FRA, each parent is responsible for the financial support of his or her children. The court must give paramount consideration to the best interests of the children when making, varying or rescinding an order for custody, access or guardianship.

  4. Under the Adoption Act, a child may be placed for adoption with one adult, or two adults jointly. The paramount consideration in adoption is the best interests of the child.

  5. The British Columbia Marriage Act provides that a marriage licence must not be issued to a minor in the province (a person under 19 years of age) nor a marriage solemnized, unless the minor has the written permission of his or her parents. If the minor is under 16 years of age, a court order is required authorizing a licence to be issued and the marriage to be solemnized. A marriage solemnized in British Columbia must be registered as provided under the Vital Statistics Act.

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