PART II: MEASURES ADOPTED BY THE GOVERNMENT OF CANADA

Article 2: Anti-Discrimination Measures

  1. In 1982, the Canadian Charter of Rights and Freedoms was enacted. The Charter, also known as the Constitution Act, 1982, provides constitutional protection of individual rights. According to s. 1, it guarantees the rights and freedoms set out therein “subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” As a result, any law, regulation or act, of any level of government in Canada, or any government agency, as well as all court decisions, must conform to the Charter within the meaning of s. 1. The Charter applies to relationships between an individual and government, rather than between individuals which are covered by provincial bills of rights.

  2. Section 15 of the Charter ensures equal protection and equal benefit of the law for all Canadians without discrimination, and s. 28 guarantees that all the rights covered in the Charter apply equally to men and women. The Canadian Human Rights Act (CHRA), passed in 1977, prohibits discrimination in employment and services within federal jurisdiction. The Act provides a list of prohibited grounds of discrimination, which was expanded last year to include sexual orientation. The CHRA creates the Canadian Human Rights Commission (CHRC), which investigates, settles and prosecutes complaints of discrimination. It also creates the Canadian Human Rights Tribunal, which hears and adjudicates complaints. Amendments to the CHRA in 1998 made the Tribunal a permanent court-like body.

  3. The Court Challenges Program, originally established in 1985 through the former Department of the Secretary of State, was introduced to fund private cases involving challenges to federal policies, laws or practices pertaining to equality rights protected by ss. 15 and 28 of the Charter. The Program was discontinued in 1992. However, following widespread public demand, it was reinstated in October 1994. The current Program provides funding to selected challenges to federal law, policy or practices, with the exception of complaints under the Canadian Human Rights Act.

  4. In addition to the legal instruments to combat discrimination, a number of other agencies promote anti-discrimination measures at the provincial, territorial and federal levels. For example, the Law Commission of Canada, which was established on July 1, 1997 under the Law Commission of Canada Act, is mandated to engage Canadians in the renewal of the law to ensure that it is relevant, responsive, effective, equally just and accessible to all. The Commission is an independent agency of the federal government. It was established to provide the government with independent, broadly based advice on legal policy issues. Commission projects include historical child abuse in public institutions, adult relationships of dependence and interdependence, relationships involving older adults, transformative justice, workplace relationships in transition, the role of legislation and the governance of research on human subjects.

Article 2 (c): Protection of Women’s Legal Rights

  1. There have been several important Supreme Court of Canada cases relating to women’s equality during the reporting period. Although many of the cases mentioned below do not deal with sex-based discrimination, they are important to women’s equality and are particularly relevant to women exposed to double disadvantage by virtue of such personal characteristics as disability, religion, marital status, sexual orientation or race. These cases arise out of claims of discrimination pursuant to s. 15(1) of the Charter, or under human rights legislation. Also included are cases relating to women’s equality in the criminal law context.

Section 15(1)

  1. In Eldridge v. British Columbia (Attorney General), [1997] 3 S.C.R. 624, the Supreme Court reiterated that s. 15(1) of the Charter protects against direct, as well as adverse effects, discrimination. The latter type of discrimination does not require a discriminatory purpose or intent but merely that the effect of the measure is to deny an individual equal protection or benefit of the law. The Court held that the failure to provide sign language interpretation for deaf patients in hospitals where necessary for effective communication violated the appellants’ equality rights. The appellants in Eldridge were a deaf woman who needed medical treatment for her diabetes, and a deaf couple who were attending at the birth of their twin girls.

  2. Considerable advances were also made during the review period with respect to the equality rights of lesbians. In Egan v. Canada, [1995] 2 S.C.R. 513, the Supreme Court held that although “sexual orientation” is not listed as a ground of discrimination in s. 15(1), it constituted an analogous ground on which claims of discrimination may be based. In Vriend v. Alberta, [1998] 1 S.C.R. 493, the Court held that provincial human rights legislation which omitted the ground of sexual orientation violated s. 15(1).

  3. A majority of the Supreme Court in Miron v. Trudel, [1995] 2 S.C.R. 418, recognized “marital status” as an analogous ground of discrimination. The exclusion of common-law (unmarried) spouses from accident insurance benefits was found to violate their equality rights.

  4. In Thibaudeau v. Canada, [1995] 2 S.C.R. 627, a majority of the Supreme Court held that the legal requirement stating that when separated or divorced parents compute their income for tax purposes, they must include amounts received from their former partners for child support, did not constitute sex-based discrimination. The Court found that the requirement did not impose a burden or disadvantage when examining the situation of the post-divorce family unit.

  5. In response to the negative reactions of women, women’s organizations and the media to the Thibaudeau decision, the federal government responded to these concerns through Bill C-93, which amended the Income Tax Act to eliminate this treatment of child support. It received Royal Assent on April 25, 1997. Under the new rules, child support paid pursuant to a written agreement or a court order made on or after May 1, 1997 is no longer deductible to the payer, or included in the income of the recipient for tax purposes.

  6. In Benner, the Court held that the imposition of additional requirements for the granting of citizenship to children born abroad prior to February 15, 1977, to a Canadian mother (as opposed to a Canadian father) constituted sex-based discrimination.

  7. In R. v. S. (R.D.), [1997] 3 S.C.R 485, the Court was asked to determine whether comments made by a Black female judge about police treatment of minorities raised a reasonable apprehension of bias. A majority of the Court found that the remarks did not raise a reasonable apprehension of bias and that, in general, judges should be aware of social context — including the prevalence of racism or gender bias in a particular community in rendering their decisions.

Human Rights Legislation

  1. In Gibbs v. Battleford and District Co-op Ltd., [1996] 3 S.C.R. 566, the Court reiterated that human rights legislation is “fundamental” or “quasi-constitutional,” and that it should be interpreted in a broad and purposive manner. The Court held that a female employee had been discriminated against when her disability insurance benefits were terminated after a two-year period because she suffered from a mental disability as opposed to a physical disability.

  2. There have also been several cases before the lower courts regarding pay equity. The federal as well as some provincial human rights statutes contain provisions embodying the general principle that men and women should be given equal pay for work of equal value. Disputes in these cases often relate to the methodology used to compare the wage differentials between predominately male occupational groups and predominately female ones.

Women’s Equality in the Criminal Law Context

  1. In R. v. Biddle, [1995] 1 S.C.R. 761, one of the issues before the Court was whether the use of the Crown’s power to tailor the jury constituted an abuse of the jury selection process or created a reasonable apprehension of bias. The appellant was convicted on two counts of assault causing bodily harm and two counts of choking with intent to commit an indictable offence. The two victims were women. The Crown successfully empaneled an all-female jury. While the majority of the members of the Court decided that it was not necessary to deal with the issue, two (female) members of the Court found that there was no abuse of the system in empaneling an all-female jury. Moreover, there was no evidence that an all-female jury could not act impartially in judging the case before them. To find otherwise would be applying impermissible stereotypical assumptions. Of particular interest is McLachlin J.’s statement: “I see no reason to suppose that an all-woman jury cannot be as impartial as all-male juries have been presumed to be for centuries.”

  2. In R. v. Daviault, [1994] 3 S.C.R. 63, the Court held that it was unconstitutional to not allow the defence of voluntary drunkenness to a general intent offence. In Daviault, the accused had sexually assaulted a 65-year-old disabled woman but was acquitted at trial because there was a reasonable doubt as to whether he had the minimal intent required to commit the offence because of his extreme intoxication. This decision resulted in considerable criticism from women’s groups and others. In response, the federal government amended the Criminal Code to specify that the defence of self-induced intoxication will not be available for particular offences (including assault) where the accused departs markedly from the standard of care generally recognized in Canadian society.

  3. In R. v. Park, [1995] 2 S.C.R. 836, the Supreme Court of Canada restored a sexual assault conviction. In this case, the appellant had put forward the defence that no sexual intercourse had occurred or, in the alternative, that he mistakenly believed the victim had consented to sexual intercourse. In her reasons, L’Heureux-Dubé J. expounded on the issue of consent in sexual assault trials. She expressed the view that in order to combat the stereotype regarding consent held by men, the focus must shift from whether there were words or actions consistent with no consent, to what actions or words communicated by the complainant grounded the accused’s honest but mistaken belief in consent. This case arose prior to the Criminal Code section that stipulates the meaning of “consent” for sexual assault offences. These provisions generally require that an accused must take reasonable and definitive steps to ensure that the complainant consents to engaging in sexual activity.

  4. A majority of the Supreme Court of Canada in R. v. O’Connor, [1995] 4 S.C.R. 411, reaffirmed that the Crown had a duty to disclose all relevant records in its possession to the defence, including the victim’s therapeutic records (in this case, sexual assault counselling records). With respect to records in the hands of a third party (as compared to the state), the Court in O’Connor established a procedure for the production of such records. A minority of the judges were of the view that, in determining whether private records in the hands of a third party should be disclosed to the defence, the accused’s right to make full answer and defence should be balanced against the victim’s right to privacy and the right to equality without discrimination. Subsequent to this decision, the Criminal Code was amended to codify a specific procedure for the disclosure of private records in the possession of the Crown or a third party to defence counsel where the accused has been charged with a sexual offence. The purpose of the procedure is to protect the privacy and equality rights of victims of sexual offences while, at the same time, preserving the accused’s right to a fair trial. The Supreme Court of Canada recently upheld the latter amendments as constitutional.

Article 2(d): Public Authorities and Institutions

  1. Setting the Stage for the Next Century: The Federal Plan for Gender Equality was released in Canada on August 11, 1995, and tabled at the Fourth United Nations World Conference on Women in Beijing. The Federal Plan represents a collaborative initiative of 24 federal departments and agencies, led by Status of Women Canada (SWC), and is Canada’s framework and blueprint for implementing the Beijing Platform for Action.

  2. The Federal Plan’s most strategic measure is a policy requiring federal departments and agencies to conduct gender-based analysis (GBA) of future policies and legislation. GBA is a key methodology for mainstreaming a gender perspective. It is being developed to ensure that federal policies have intended and equitable results for both women and men, and will assist the federal government in respecting the equality provisions of the Canadian Charter of Rights and Freedoms and international obligations.

  3. SWC has been leading this analysis process, collaborating with other governments, as well as federal departments and agencies, in its staged implementation over a five-year period. SWC has developed and provided other departments with a series of tools and supports to assist them in implementing gender-based analysis. Notable among these is the publication Gender-Based Analysis: A Guide for Policy-Making, released in March 1996, as well as a series of presentations to departments and agencies initiated in the fall of 1996.

  4. Although the implementation of GBA in public policy is still in its infancy, Canada has made some significant efforts. Examples of some key achievements in this area include:
  1. Several departments and agencies within the federal government have undertaken specific activities to advance gender-based analysis of the policies and programs within their mandates. This includes the production of customized training materials to meet their own particular needs. Some examples follow.

  2. In 1996, the Department of Justice established the three-year Gender Equality Initiative headed by a Senior Advisor on Gender Equality, with a mandate to implement gender-equality analysis in all departmental activities. The following year, the Department adopted the Policy on Gender Equality Analysis. Subsequently, a report entitled Diversity and Justice: Gender Perspectives, A Guide to Gender Equality Analysis was developed and published. The Department also created an internal network of gender equality specialists in each sector to act as resources to colleagues in the development of policies, programs, legislation, legal opinions and research. Finally, in 1998, the Department of Justice began providing training on gender equality analysis to lawyers throughout the Department, including regional offices across the country.

  3. Human Resources Development Canada (HRDC) has developed the Gender-Based Analysis Backgrounder and Guide, customized for the Department’s needs and activities. The Deputy Minister has also issued a memo to executives encouraging the use of GBA as part of effective policy and program development within HRDC.

  4. Health Canada’s Women’s Health Strategy includes a commitment to implement a gender-based analysis of the Department’s research, policies and programs. Tools, methods and training materials appropriate to the health sector are being developed that will assist in implementing gender-impact assessments. Workshops are being held and women’s health networks are being created in the line branches of the Department. The Women’s Health Bureau is also using the Commonwealth framework to develop a Gender Management System for the health sector. In addition, as chair of the Commonwealth Working Group on Gender Equality and Health Indicators, the Women’s Health Bureau has begun work on developing a conceptual framework for a system of gender equality and health indicators.

  5. The Gender Equality Division within the Canadian International Development Agency (CIDA) is responsible for articulating the Agency’s policy and good practices in gender equality. The Division’s activities include:
  1. Gender analysis and gender equality results are to be incorporated into all of CIDA’s international cooperation initiatives, although application will vary among branches, programs and projects.

  2. CIDA has underlined the importance of integrating gender considerations in all of its policies, programs and projects. Its Policy on Poverty Reduction and its Health Strategy (both released in 1996) and the 1997 Policy on Basic Human Needs, all recognize the need to address gender equality. At the program and project level, guidelines to promote the systematic application of GBA and a handbook on gender-sensitive indicators has been developed and widely distributed. In 1998, CIDA began a series of extensive consultations — including a virtual one with partners in Canada and around the world — to revise its policy on gender equality. Based on these consultations, an updated policy has been developed with a strong gender-mainstreaming, rights- and results-based approach to better serve policy makers and people in the field.

  3. The Departmental Coordinator on International Women’s Equality at the Department of Foreign Affairs and International Trade (DFAIT) is situated within the Human Rights, Humanitarian Affairs and International Women’s Equality Division. The Coordinator heads up the International Women’s Equality section which functions as the focal point on gender within the Department to promote gender equality and the human rights of women, including integrating gender perspectives into foreign policy development and operations.

  4. The Department of Indian Affairs and Northern Development (DIAND) has developed its policy on gender equality analysis (GEA). It requires that GEA be used in the legislative, policy and program development processes, and that it be integrated into all of the Department’s work, including:

Gender-Based Policy Research

  1. New and significant initiatives in the area of gender-based research have also been developed to support gender-based analysis. For instance, Status of Women Canada (SWC) launched its Policy Research Fund following input from extensive national consultations held between March and May 1996. The primary objective of the fund is to support forward-thinking, independent, nationally relevant policy research on gender equality issues. The Policy Research Fund supports research which identifies policy gaps, trends and emerging issues, and provides concrete recommendations and alternative solutions to policies and programs affecting women. A small, non-governmental external committee, nominated by constituents, plays a key role in identifying priorities and research themes, choosing research proposals to be funded and exercising quality control over the final research products. Policy research themes explored to date include women’s access to justice, women’s paid and unpaid work, women’s vulnerability to poverty, and the integration of women’s diversity into policy research, development and analysis. Once the research is complete, it is available free of charge to the public and is also available on the SWC website http://www.swc-cfc.gc.ca

  2. Other examples of research initiatives within the federal government which include a gender perspective are the Metropolis Initiative and the Policy Research Initiative.

  3. A consortium of federal departments and agencies provides core funding for the Metropolis Initiative. It examines immigrant integration and the effects of international migration on urban centres. A gender perspective is to be factored into all the research being undertaken, with applicability to policy development.

  4. The mandate of the Policy Research Initiative, launched in July 1996, is to build a solid foundation of horizontal research on which future public policy decisions can be based. The Initiative brings together over 30 federal departments and agencies, including SWC, which plays an active role in ensuring that a gender perspective is incorporated into all research activities.

Article 2(f): Legislative Changes

  1. In 1996, the Canadian Human Rights Act was amended to include sexual orientation as a prohibited ground of discrimination.

  2. In 1998, the Government of Canada passed amendments to enhance the overall protective provisions of the Canadian Human Rights Act. These amendments included the addition of an express duty on employers and service providers to accommodate (up to the point of undue hardship) the needs of persons protected by the law, the establishment of a permanent human rights tribunal and improvements to the remedies provided by the Act.

Article 2(g): Penal Provisions

  1. Actions were undertaken between 1994 and 1998 to vitalize ss. 81 and 84 of the Corrections and Conditional Release Act (promulgated in 1992). The two provisions read:

s. 81. “The Minister, or a person authorized by the Minister, may enter into an agreement with an Aboriginal community for the provision of correctional services to Aboriginal offenders and for payment by the Minister, or by a person authorized by the Minister, in respect of the provision of those services.

s. 84“Where an inmate who is applying for parole has expressed an interest in being released to an Aboriginal community, the Service shall, if the inmate consents, give the Aboriginal community

“(a) adequate notice of the inmate’s parole application; and

“(b) an opportunity to propose a plan for the inmate’s release to, and integration into, the Aboriginal community.”

Sections 81 and 84 are intended to increase the reintegration potential of Aboriginal women offenders through community support.

International Activities

  1. Since the Fourth World Conference on Women in 1995, Canada has continued to advocate for the integration of a gender perspective in the work of international forums. This includes multilateral organizations, such as the United Nations, the Organisation for Economic Co-operation and Development (OECD), the Commonwealth, La Francophonie, and the Organization of American States (OAS).

  2. Canada consistently stresses the importance of the full realization of the human rights of women in its relations with other countries, and at international and world conferences, including the International Conference on Population and Development and the Fourth UN World Conference on Women. For example, Canada took a lead role in ensuring that the 1996 Habitat II conference document, Habitat Agenda and Global Plan of Action, acknowledged the empowerment of women and their full and equal participation in political, social and economic life as essential to achieving sustainable human settlements.

  3. Canada’s international efforts with regard to gender equality include promoting and supporting the work of international organizations to integrate gender considerations — for example, the UN Economic and Social Council adoption of agreed conclusions on gender mainstreaming. Further mainstreaming efforts are under way at the Commonwealth, the OAS, the Organization for Security and Co-operation in Europe (OSCE), and the organization for Asia-Pacific Economic Cooperation (APEC).

  4. Canada strongly supported the adoption of an effective Optional Protocol to the CEDAW creating both an individual complaints mechanism and an inquiry procedure. Canada was among those countries which originally proposed language in the Vienna Declaration and Program of Action (adopted at the 1993 World Conference on Human Rights) calling for an Optional Protocol to CEDAW. This was adopted and subsequently reaffirmed in the Beijing Platform for Action.

  5. Canada supports the strengthening of the Committee on the Elimination of Discrimination Against Women which oversees CEDAW’s implementation. In order to address the lack of meeting time available to the Committee — the shortest of any of the six human rights treaty monitoring bodies — an amendment to Article 20(1) has been officially accepted by Canada.

Article 2 - Links to Conventionand other sections
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Article 3: Measures to Ensure the Advancement of Women

Reducing Violence Against Women

  1. One of Canada’s key objectives in its Federal Plan for Gender Equality is “reducing violence in society, particularly violence against women and children.”

  2. In 1997, the federal government confirmed its commitment to reduce family violence in Canada, particularly violence against women and their children, through the third phase of the Family Violence Initiative. Under the Initiative, federal departments collaborate to prevent family violence by integrating preventive measures in policy and programming. Ongoing additional funding supports research, knowledge dissemination through the National Clearinghouse on Family Violence and costs related to coordination. The key results anticipated from this horizontal approach are effective, efficient, coordinated federal policy development and programming, enhanced prevention of and improved response to family violence, development and implementation of community activities, increased public awareness and reduced tolerance of family violence in society. The 13 federal departments that currently collaborate in this strategy address housing, international development, immigration, corrections, culture, justice, employee assistance, health, social policy, Aboriginal peoples, law enforcement, national data collection and gender equality.

  3. The federal intervention model depends on partnership with provincial, territorial and municipal governments, non-governmental organizations, academic institutions, professional associations, corporations and individuals to develop, implement and evaluate programming for effectiveness.

  4. Under the present Family Violence Initiative, a number of important activities have been undertaken. For example, a policy focus group on violence against women was held to share information and identify priorities in areas such as public awareness, prevention, intervention and research, and an expert group on the cost of violence was also convened. Research was carried out on the issue of homelessness and family violence, and two projects are under way to review the impact of conditional sentencing in cases of family violence, and to examine the effectiveness of model family violence treatment programs for offenders.

  5. A five-year report summarizing and evaluating the achievements of the current phase of the Family Violence Initiative will be prepared in 2002 for the Treasury Board Secretariat.

  6. The Family Violence Initiative supports many activities intended to reduce violence against women. In 1997-98, federal government funding specific to family violence amounted to $30.7 million. This figure includes direct allocations for shelter enhancements, family violence treatment for federal offenders and transfers to First Nations shelters and family violence prevention projects on reserves. It also includes an additional annual allocation of $7 million which departments share to address identified gaps, operate the National Clearinghouse on Family Violence and coordinate the Family Violence Initiative. It does not reflect expenditures to carry out the regular work of departments. For example, ongoing policing provided by the Royal Canadian Mounted Police (RCMP), prevention programming provided to inmates by Correctional Services of Canada and housing initiatives provided by Canada Mortgage and Housing Corporation (CMHC) all incorporate elements intended to prevent family violence.

  7. Other Canadian initiatives place priority on issues related to the safety, health and well-being of women, and help address violence against women, although they are not specifically directed to the prevention of family violence.

  8. The National Longitudinal Survey of Children and Youth is a long-term study being conducted by Human Resources Development Canada and Statistics Canada. It examines a variety of factors thought to influence child growth and development. The study began in 1994, with data being collected at two-year intervals as the child grows from a newborn to an adult. The survey consists of a parent and child questionnaire given at home, as well as a teacher and principal questionnaire given at school. Some questions relate to child maltreatment, for example, traumatic events such as abuse, conflict between parents and parents’ use of physical punishment. Based on the research, recommendations for governments, communities and individuals will be used to enhance child development.

  9. The government’s commitment to diversity and human rights demands that all Canadians have a right to dignity and respectful treatment, regardless of ethnic, racial, religious, gender or other differences. The Multiculturalism Program is working in partnership with other federal departments such as Justice, the Solicitor General and Industry Canada, to develop a coordinated strategy to combat hate crime and bias activity.

  10. The National Strategy for Community Safety and Crime Prevention promotes the integrated action of key governmental and non-governmental partners to reduce crime and victimization, and to assist communities in developing and implementing community-based solutions to problems that contribute to crime and victimization, particularly violence against youth, women and Aboriginal people. Its aim is also to increase public awareness and support effective approaches to crime prevention. Launched in 1994, Phase I consisted primarily of coordinating a range of federal initiatives that emphasized a proactive and social development model of crime prevention. It also emphasized building federal, provincial/territorial and community partnerships. Phase II, announced in 1998, enables the federal government to broaden its partnerships and support communities in designing and implementing innovative and sustainable ways of preventing crime.

  11. Addressing violence in First Nations and Inuit communities is also a priority for the federal government. Federal support is provided to community-based services to help in the prevention, intervention and treatment of violence against women, and for research evaluation and professional training that increase recognition of abuse and explore healing models.

Criminal Justice Measures

  1. Violence against women, including physical and sexual assault, is considered a crime under the Criminal Code. The Department of Justice participates in the Family Violence Initiative and, as part of its responsive policy and programming, has amended the Criminal Code through several measures to provide enhanced protection to women and children from violence and sexual abuse.

  2. Bill C-42 (omnibus amendments) included over 100 amendments to the Criminal Code. These amendments, proclaimed in 1995, included making peace bonds (protective court orders) easier to obtain and more effective, and increased the maximum penalty for a breach from six months to two years. They also included the reclassification of certain offences (known as dual procedure or hybrid offences). This allows the Crown prosecutor to choose to proceed summarily or by way of indictment. Proceeding by way of summary conviction is sometimes preferred in cases involving violence against women because it can avoid having the victim testify twice.

  3. Bill C-72 (self-induced intoxication) clarified the criminal law to indicate that intoxication is not a defence to any general intent crimes of violence such as sexual assault and assault. It came into effect in 1995.

  4. Bill C-41 (sentencing) included amendments to the sentencing provisions of the Criminal Code. These amendments, proclaimed in 1995, provide that where an offender, in committing the offence, abuses his spouse or child or a position of trust or authority, this shall be considered an aggravating factor for sentencing purposes. The restitution provisions were also amended to entitle a victim to seek restitution for actual and reasonable expenses for moving out of the offender’s home to avoid bodily harm.

  5. Bill C-27 (child prostitution, child sex tourism, criminal harassment and female genital mutilation (FGM)) included provisions to facilitate the testimony of young victims and witnesses of sexual exploitation. In addition, the legislation, proclaimed in 1997, allows for the prosecution of Canadians who travel abroad and sexually exploit children, strengthens penalties against those who exploit juvenile prostitutes and those who kill the victims they have stalked, and clarifies that the practice of FGM is an offence.

  6. Bill C-46 (production of records in sexual offence proceedings) protects sexual offence victims by restricting the production of personal information records, such as psychiatric, therapeutic and counselling records. The legislation was proclaimed in 1997.

  7. In 1996, the federal government introduced the Firearms Control Act. Key elements include licensing possession of firearms, a national registration system for all firearms and a mandatory minimum sentence in four years of prison, and a lifetime prohibition against the possession of a restricted or prohibited firearm on conviction of specific violent offences, including sexual assault with a weapon and aggravated sexual assault. These measures, intended to ensure greater community safety, will have an impact on women’s safety. Registration of firearms will enhance women’s safety by alerting police to the presence of firearms in scenes of family violence. In dealing with applications for firearms acquisition certificates, risk factors associated with incidents of family violence must be considered, and applications require spousal consent.

  8. Criminal Code provisions relating to the defence of provocation, self-defence and defence of property are under review as a result of concerns expressed by a judicial inquiry and some women’s groups that these provisions are not applied in a gender-sensitive manner.

  9. The federal government is also reviewing an ad hoc process that has been in existence since 1992 to respond to requests from victims trying to change their identity to escape life-threatening spousal abuse. Through this process, victims are provided with a new, de-linked (i.e., no computer links) Social Insurance Number (SIN). Canada Pension Plan (CPP), tax and social benefit records are also securely re-created under the new SIN. Because of concerns about client safety, the federal government has initiated an interdepartmental project to complete in-depth work with the provinces and territories to determine whether a nationally coordinated New Identities Program can be implemented. This initiative seeks to support victims’ services strategies by addressing the concerns of victims of extreme family violence in relation to safety, restitution and the prevention of further violence.

  10. Other justice system initiatives include seeking to improve the criminal justice system by making it more accessible to vulnerable groups, including Aboriginal women and women with disabilities.

  11. The province of Saskatchewan adopted the first Victims of Domestic Violence Act in Canada in February 1995. This civil legislation is designed to provide an alternative, non-criminal response to victims of family violence. The provisions include emergency intervention orders which may provide for exclusive victim occupation of the home, and restrain the abuser from communicating with or contacting the victim or members of the victim’s family. Victims’ assistance orders may include monetary compensation from the abuser, and warrants of entry which allow police officers to obtain entry to a home where family violence is suspected. The second phase of an evaluation of the effectiveness of the Victims of Domestic Violence Act will be completed in 1999.

  12. Other jurisdictions in Canada have enacted similar legislation. Prince Edward Island’s Victims of Family Violence Act is the first provincial act to include emotional abuse as a form of violence. Manitoba’s The Domestic Violence and Stalking Prevention, Protection and Compensation and Consequential Amendment Act is the first act to address civil remedies for stalking. Yukon has enacted its Family Violence Prevention Act and Crime Prevention and Victim Services Trust Act. Alberta’s legislation, the Protection Against Family Violence Act was introduced in the Legislature during the 1998 spring sitting.

Training and Education in the Criminal Justice System

  1. Since January 1997, the Social Context Education Project at the National Judicial Institute has developed and delivered a range of programs examining the social context of judicial decision making for courts across the country. During these programs, judges have examined issues such as equality, impartiality, judicial independence and the process of decision making, as well as considering the needs of women and disadvantaged communities, such as Aboriginal peoples and racial minorities. The programs are available to both federally and provincially appointed judges.

  2. As part of the Family Violence Initiative, the federal government provides training on family violence within its jurisdiction in the justice sector. The RCMP, Correctional Service of Canada personnel and members of the National Parole Board all receive such training.

  3. As part of the Family Violence Initiative, in March 1998, the Department of Justice Canada hosted the Federal-Provincial-Territorial Forum on Spousal Abuse Cases, to discuss and exchange best practices by police, Crown prosecutors, victims’ services and policy experts relating to spousal abuse cases.

  4. The First Nations Family Violence Course was developed by the Canadian Police College in collaboration with the First Nations Chiefs of Police Association, with funding provided by the Aboriginal Policing Directorate within the Department of the Solicitor General of Canada. The course has been offered on five occasions: May 1994, March 1995, 1996 and 1997, and January 1998. The course provides First Nations police officers with the skills and expertise to deal with family violence on reserves. The three-week course offers training in investigative techniques, including confronting the perpetrator, supporting the victims of family violence and attempting to guide both the victim and aggressor toward the proper community or justice resources. Having First Nations police officers trained in the area of family violence investigation can only serve to help women living on reserve feel more comfortable with reporting the crime to the police.

Supporting Community-Based Action

  1. The federal government provides funding for projects that address violence against women in a variety of community contexts. Following are some examples.

  2. The Aboriginal Friendship Centre Network developed a framework for services and programs to meet the needs of urban Aboriginal women. The Women’s Community Action Team in the Northwest Territories developed a series of community training modules in three Aboriginal languages.

  3. The Calgary Coalition Against Family Violence, with funding from Status of Women Canada (SWC), worked extensively with women’s shelters and transition houses to ensure that the needs of immigrant and visible minority women were met. The project resulted in changes to policies and procedures by agencies throughout the shelter movement, involving such areas as staffing and staff training, diet, child care and cultural interpreters.

  4. Equay Wuk Women’s Group was established in 1988 to represent the interests of Aboriginal women in the Nishnawbe Aski Nation of Northern Ontario. Women from 25 isolated First Nations communities are represented. Status of Women Canada has been a key partner in supporting Equay Wuk to develop and carry out a three-year, anti-violence strategy in northern communities. Anti-violence training manuals were developed based on meetings held with women in First Nations communities. The guides, in English and Oji Cree, have been used extensively in training health and social service workers. In addition, local women were trained to conduct workshops and to provide support to women in their communities.

  5. As part of the Family Violence Initiative, efforts to increase access to information and services often have a community focus. In 1995, the government produced a booklet for immigrant women entitled Abuse is wrong in any language. The government was also a key sponsor of the Canadian Mental Health Association’s document, Joining Together Against Violence, An Agenda for Collaborative Action.

  6. The Multiculturalism Program of the Department of Canadian Heritage has an allocation of $215,000 per year for family violence prevention programming, as part of the Family Violence Initiative, for ethnic and visible minority communities, particularly for community members who are not fluent in either English or French. The Program is working with community NGO partners in the three largest Canadian urban centres to develop heritage language programming about family violence, including child abuse, for airing on ethnic radio and television stations. It has also developed, in collaboration with CFMT-TV (Canada’s largest multilingual television station), a 30-second public service announcement about the impact of family violence on children. The announcement has been produced in 14 languages and was aired on all major ethnic television stations across Canada.

  7. From 1992 to 1995, on behalf of the Family Violence Initiative, funding was provided by the Social Sciences and Humanities Research Council and Health Canada to establish five Research Centres on Family Violence and Violence Against Women across Canada. Based on partnerships among front-line workers, government officials and academics, each centre continues to carry out participatory research, the results of which are available from Health Canada’s National Clearinghouse on Family Violence. In 1996, the centres formed an alliance, and, in 1998, SWC provided financial assistance to the alliance to develop recommendations for a national strategy on family violence prevention and the girl child.

Awareness and Education Initiatives

  1. Through the National Film Board (NFB), the federal government continues to produce films that stimulate discussion and promote action on the issue of violence against women. Since 1995, the NFB has assisted in the production of more than 10 English and French productions that focus on violence against women, including De l’amour à la violence : trois femmes parlent, You Can’t Beat A Woman and Mixed Messages: Portrayals of Women in the Media. Through a partnership with the National Clearinghouse on Family Violence, these films are distributed to 38 partner libraries across Canada.

  2. The Department of Justice Canada has developed various information materials to inform Canadians about their rights and responsibilities under the law, including a booklet entitled Stalking is a Crime Called Criminal Harassment, as well as a guide which explains how to do gender equality analysis in the prosecution of family violence cases. The Department has also developed information materials on spousal abuse for immigrant women and their service providers, and on the use of peace bonds.

  3. In 1995, the federal interdepartmental Working Group on Female Genital Mutilation supported community consultations on FGM and the development of a literature review. In 1998, a workshop training module was developed for communities to address the health, legal and cultural aspects of this practice.

  4. In April 1994, the federal government, as part of the Family Violence Initiative and in partnership with the Canadian Association of Broadcasters, launched a two-part national campaign to raise awareness about violence and to change people’s attitudes toward violence. One major element of the “Speak Out Against Violence Campaign” was the broadcast, on a national scale, of a series of radio and television public service announcements. Phase I of the campaign focused on messages designed to raise awareness about violence in general.

  5. Phase II of the campaign was launched in April 1996 and lasted a year. Entitled “Violence: You Can Make A Difference,” it went beyond raising awareness of the issue of violence to giving practical information to Canadians for action against violence. It revolved around a new series of television and radio announcements on the themes of violence against women, violence against children and media literacy. To support this campaign, print materials were developed and distributed to communities across Canada.

  6. An evaluation of Phase II of this initiative concluded that the campaign was successful. It found that violence issues, including family violence, are of concern to Canadians, that the television and radio public service announcements were well received and the print materials were useful to a wide variety of front-line workers, service agencies and other intervenors.

  7. In June 1996, the Federal-Provincial-Territorial Forum of Ministers Responsible for the Status of Women released a resource guide entitled Beyond Violence: Reaching for Higher Ground. This guide catalogues violence prevention and intervention initiatives across the country, and aims to help governments and community organizations share information on best practices and avoid unwarranted duplication.

  8. To mark Canada’s National Day of Remembrance and Action on Violence Against Women (December 6) in 1998, the Iqaluit Declaration of the Federal- Provincial-Territorial Status of Women Ministers on Violence Against Women was issued. The Declaration reflects the shared vision of Canada’s status of women ministers of safe, healthy communities in every region of the country and government commitments to end violence against women.

Shelters for Women Leaving Abusive Situations

  1. Transition homes in Canada have more than 85,000 admissions of women and dependent children every year. Eighty percent of these women are escaping abusive situations. From April 1, 1997 to March 31, 1998, there were 90,792 admissions to the 413 facilities that responded to the survey question — 47,962 women and 42,830 children. In a snapshot taken on April 20, 1998, the 422 shelters that provided data had 6,115 residents — 2,918 women and 3,197 accompanying children. Nearly 80 percent of the women and children living in shelters that day were there to escape abuse. These women were escaping from psychological abuse (78 percent), physical assault (67 percent), threats (48 percent) and sexual assault (26 percent). Non-abuse admissions for both women and children generally resulted from housing problems (almost three quarters of those women admitted for reasons unrelated to abuse).

  2. The federal government has made a substantial investment in building and enhancing shelters in Canada. Its commitment to providing and enhancing housing for women and children in crisis continues through the $4.3 million Shelter Enhancement Program (SEP), launched in 1996. The federal government upgraded existing second-stage housing and emergency shelters to meet acceptable health, safety and security standards, as well as to address the needs of children, older clients and persons with disabilities. It also constructed new family violence emergency shelters in First Nations communities, which opened in 1998-99. Since 1995, 3,000 shelter units have been enhanced under this program.

  3. The largest period of growth came in the 1980s as the issues of violence against women and family violence gained attention at all levels of government. Much of the growth between 1989 and 1998 was due to the development of shelters in Aboriginal communities and in rural areas. In 1998 for example, 46 percent of shelters served rural areas (and may also have served urban/suburban areas), and 29 percent provided services to reserves. Currently, however, safe shelters in Canada accommodate about 90,000 women and children annually. An evaluation of the federal government’s SEP will be conducted in 2000-01. As part of this evaluation, the question of “need,” and the extent to which the Program addresses it, will be assessed where possible.

Conditions of Women in Federal Prison

  1. Women serving federal sentences make up approximately 4 percent of the total federal offender population. More than half of the 850 women offenders are in the community on conditional release.

  2. In 1990, the Task Force on Federally Sentenced Women recommended the replacement of the sole federal Prison for Women with four regional facilities and an Aboriginal healing lodge. The Task Force also recommended that these facilities operate on a community-living model and that women-centred programs be developed.

  3. These five new facilities, accommodating medium and minimum security women, were operational by the end of the 1996-97 fiscal year, are located in Nova Scotia, Québec, Ontario, Saskatchewan and Alberta. Eighty-five percent of federally sentenced women are now housed in these facilities.

  4. In April 1996, a few months before the opening of the new facilities, the commission of inquiry into a disturbance at the Kingston Prison for Women released its report. The Arbour Commission, in general, supported Correctional Service of Canada’s plans for the new facilities but made several recommendations to further ensure there would be consistent improvement in the management of women offenders. In response to this report, the federal government committed to several key measures, including the following.

  5. A Deputy Commissioner of Women’s Corrections has been appointed to be responsible for all policy and program development for women offenders in the federal correctional system.

  6. An external monitor has been appointed to oversee and report annually for the next three years on the systemic impacts, if any, of cross-gender staffing at the regional women’s institutions. The project began in January 1998 with the second annual report being released in 1999. The final phase of the project is under way.

  7. Correctional Service of Canada has amended its policy to state that, in a women’s institution, there will never be an all-male institutional emergency response team used as a first response, and at no time will male staff ever participate in, or witness, a strip search of female inmates.

  8. An exclusion order in place at the Edmonton Institution for Women authorizes the Correctional Service of Canada to have women only in front-line staff for three years, pending the final recommendations of the cross-gender staffing monitor.

  9. The implementation of the new facilities for women included not only a new physical design but also the establishment of a program strategy for women offenders and a unique staff selection and training program. In addition to standard correctional officer training, front-line staff are required to participate in a 10-day modularized women-centred course.

  10. The Okimaw Ochi Healing Lodge for Aboriginal women is the first institution of its kind in Canada, and was developed with and for the First Nations community. The majority of the staff, including the kikawinaw (director of the institution — “our mother” in the Cree language) are of Aboriginal descent. The Okimaw Ochi Healing Lodge opened in 1996 near Maple Creek, Saskatchewan, and operates at capacity with 28 women offenders. The interventions with the women are Aboriginal based, with a strong emphasis on culture and spirituality. There are full-time, on-site elder services available, and a major component is the strong link between the programs and the larger Aboriginal community. Women offenders at the Healing Lodge also have the opportunity to participate in the residential mother-child program.

  11. With the regional facilities, the Correctional Service of Canada designed an environment which provides women with related opportunities to accept responsibility, learn new skills and successfully return to the community. The institutional design and operation is based on a community-living model. The inmate housing is provided through stand-alone houses clustered behind a main building containing staff offices, program space, a health care unit and visiting area. Each facility also has an enhanced security unit, which contains cells used for segregation and initial reception for new admissions. Each house accommodates 6-10 women and includes communal living space, kitchen, dining area, bathrooms, a utility/laundry room and access to the grounds. The women in each house are responsible for all their daily living needs, including cooking, cleaning, laundry, etc. There are no staff members in the houses; however, regular counts are done. As well, the facilities all have a perimeter fence with a detection system, and the doors and windows on each house have alarms.

  12. During 1996-97, it became apparent that the community living concept and design of these facilities did not meet the needs of the maximum security population or the women with severe mental health needs, in terms of both security and programming. Based on a comprehensive review of operations and an assessment of the population, it became evident that some inmates pose an unacceptably high safety risk, or their mental health status was such that appropriate long-term clinical intervention could not be addressed within the community-living operation of the regional institutions. After examining a number of options, available accommodations in existing facilities where women are housed separate from the male population are being used as an interim measure.

  13. The Correctional Service of Canada has also implemented two intensive mental health treatment programs — one at the Regional Psychiatric Centre in the Prairie Region and one at the Prison for Women in Ontario — for those women with significant mental health problems.

  14. The Women Offender Initiative of the Correctional Service of Canada represents a new and innovative way of housing and assisting women. To date, it has proven to be a successful approach to correctional interventions for women offenders. It is anticipated that the initiative will continue to evolve within the gender-responsive framework established in Creating Choices, the 1990 Task Force Report.

Support for Aboriginal Women

  1. In January 1998, the Government of Canada launched Gathering Strength — Canada’s Aboriginal Action Plan, a comprehensive long-term plan to develop healthy, more self-sufficient and economically viable Aboriginal communities.

  2. Gathering Strength sets out commitments under four themes: renewing partnerships, strengthening Aboriginal governance, developing a new fiscal relationship, and building strong communities, people and economies. The aim of this integrated agenda is to improve living conditions, develop employment-related skills and promote economic development.

  3. Aboriginal women living in poverty benefit from the integrated and numerous Gathering Strength initiatives, in particular:
  1. Canada has undertaken research and development of supports for Aboriginal entrepreneurs. Programs include: Aboriginal Business Canada; the Opportunities Fund; the Aboriginal Business Development Centre; Canada’s Aboriginal Youth Business Strategy; and the Aboriginal Export and Trade Directory. These programs are particularly beneficial to Aboriginal women as their growth in self-employment is double that of women generally. An additional program, the Procurement Strategy for Aboriginal Business, was developed by the Department of Indian Affairs and Northern Development (DIAND) and is supported by Public Works and Government Services Canada. In 1998-99, 103 contracts were awarded to Aboriginal firms.

Women Refugees

  1. The Immigration Review Board Guidelines on Women Refugee Claimants Fearing Gender-Related Persecution, issued originally in 1993, were updated in 1996 to clarify and strengthen the principle that adjudicating gender persecution requires making the links between a woman’s gender, the feared persecution and one or more of the enumerated grounds for persecution.

  2. The Guidelines now take into account Supreme Court of Canada decisions confirming that gender is the basis for entitlement to protection as a “member of a particular social group” — one of the grounds for recognition of Convention refugee status. As well, the amended Guidelines clarify that, in the context of civil war, sexual violence must be recognized as gender persecution.

  3. In response to a request from the United Nations High Commissioner for Refugees in 1998, Citizenship and Immigration Canada hosted an international workshop of government officials, NGOs and Women at Risk program participants to examine challenges facing both governments and NGOs in the delivery of programs designed to protect refugee women. That workshop was followed by a national workshop on Canada’s Women at Risk program. One outcome of these workshops is the Urgent Protection Pilot implemented in 1999. The Pilot was tested on women in need of urgent protection and involved expedited processing in their selection and resettlement. Women at Risk in need of urgent protection are now selected within 24 hours and resettled in Canada within 48- 72 hours.

Proposals to Reform Immigration Legislation

  1. In November 1996, an independent advisory group was established to review legislation relating to immigration and the protection of refugees. Building on the report of the Legislative Review Advisory Group (released in January 1998) and subsequent public consultations, the Department of Citizenship and Immigration developed proposals to reform Canada’s immigration legislation. These proposals were presented in a document entitled Building on a Strong Foundation for the 21st Century: New Directions for Immigration and Refugee Policy and Legislation. This document contains several proposals of particular significance to women under consideration for immigration.

  2. The government proposed to discuss (with provincial and territorial governments) a possible reduction in the length of sponsorships for spouses and children. Currently, the duration of a sponsorship is 10 years for all categories; while in Québec, the duration is three years for spouses. In keeping with Canadian values and important national policies in support of families and children, it was proposed to prohibit sponsorship by people in default of court-ordered obligations (alimony or child support) and people convicted of crimes involving domestic violence. Enacting a provision that suspends sponsorship obligations, if the sponsor or the sponsored immigrant is convicted of violence against the other person, would also recognize the overwhelming evidence of danger for the victim that any contact with the convicted person represents.

  3. In the area of immigrant selection, the government proposed to undertake further research to determine how a new selection system might take into account the potential for the social and economic contribution of spouses. The government also examined its policies in the area of employment for spouses of temporary foreign workers and instituted a spousal pilot project, automatically extending employment authorizations to spouses accompanying highly skilled foreign workers entering Canada for a period of more than six months. Programs of a more permanent nature are under consideration.

International Activities

  1. Canada continues to promote the mainstreaming of a gender perspective into programming and policy in the United Nations High Commissioner for Refugees (UNHCR). Canada was a strong proponent of the establishment within UNHCR of a senior coordinator for refugee women in 1989, and agreed to both staff and fund the position for three years. The senior coordinator drafted the UNHCR guidelines on refugee women, and the position has now become a permanent UNHCR post attached to the Program Policy Unit. This position is regarded as an important means of mainstreaming a gender perspective, and Canada continues to support strongly the work of the UNHCR in this regard. Furthermore, Canada has been, and continues to be, active within UNHCR Executive Committee discussions on conclusions related to gender persecution and women refugees. Canada continues to promote UNHCR reporting on steps taken to mainstream gender concerns in their activities, including efforts to follow up on the implementation of the Beijing Platform for Action.

  2. The Department of Foreign Affairs and International Trade (DFAIT) works actively at the UN Commission on the Status of Women (CSW), the Commission on Human Rights (CHR) and the UN General Assembly to support resolutions calling for the elimination of violence against women, including the girl child, to recognize violence against women as a violation of the human rights of women, and to eliminate traditional or customary practices affecting the health of women and girls, including female genital mutilation (FGM).

  3. As a result of a Canadian-led resolution at the CHR in 1994, a Special Rapporteur on violence against women was appointed. (The Rapporteur is in her third term, as of CHR 2000.) Support for this Canadian-led CHR initiative is increasing with over 70 cosponsors from all regional groups.

  4. DFAIT recently launched a new research and policy development initiative on gender and peace building. This initiative focuses on the gender-differentiated experiences, accounts, impacts and perspectives of armed conflict. The policy work seeks to address, from a gender perspective, the broad issues of peace implementation, human security and the cessation of violence. The objective is to integrate a gender perspective into the Department’s peace building policy development and peace implementation programming.

  5. DFAIT is co-developing the Joint Canada-UK Gender Awareness Training Initiative for Civilian and Military Participants in Peace Operations. The training curriculum under development will enhance awareness of the gender dimensions of peace operations and provide participants with the ability to employ gender analysis in the field. This will be achieved through the provision of concrete skills and tools. The pilot is expected to be delivered in March 2000.

  6. The Pearson Peacekeeping Centre has been involved with the creation of Gender Training for Peacekeepers. This course sensitizes those involved in peacekeeping with the trauma faced by local women in the areas of operation, including the impacts of culture and religion.

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

Women’s Equality and Role in the Federally Regulated Sector

  1. The federal government is one of the largest employers of women in the country and, as such, has a responsibility to exercise leadership in promoting gender equality within the public service. The federal government is committed to increasing women’s recruitment, development and promotional opportunities within the federal public service. One key objective outlined in The Federal Plan for Gender Equality is the advancement of gender equality for employees of federal departments and agencies.

  2. The representation of women in the federal public service has gone from 42 percent in 1987 to 49.5 percent in 1996; in 1998, that figure rose to 50.5 percent. Despite these advances, women in the public service have yet to attain gender parity with men in terms of career development, opportunities for advancement and job security.

  3. A number of initiatives are under way to improve the representation of women in non-traditional public service occupations.

  4. There are recruitment campaigns to attract women to non-traditional occupations and programs, and to facilitate the transition of administrative support staff into high growth, high demand career streams such as computer science.
  5. Some departments have introduced mentoring programs to enhance promotion opportunities for women in non-traditional occupations.

  6. Other departments have set targets for the participation of women in recruitment and career-bridging programs.

  7. A major initiative in support of the goal of improving the representation of women in the public sector was strengthened with the coming into force of the new Employment Equity Act on October 24, 1996. The new Act strengthened the former Employment Equity Act of 1986. It continues to apply to private sector employers under federal jurisdiction, and it includes almost all employees in the federal public sector. In addition, the Act gives the Canadian Human Rights Commission the authority to conduct audits and to verify and gain employment equity compliance, clarifies existing employer responsibilities and streamlines regulatory procedures. Where compliance is not attained within a designated period, the Commission may issue “directions” to order compliance.

  8. The 1996 Employment Equity Act enhances the merit principle by ensuring that all qualified candidates are considered for employment opportunities. The legislation specifically states that the obligation to implement employment equity does not require an employer to hire or promote unqualified persons.

  9. The Act requires federally regulated employers to move toward a more representative work force by developing and implementing an employment equity plan. The plan, based on a careful analysis of the employer’s work force and a review of the employment systems to identify barriers, must contain flexible numerical goals (not rigid quotas) for the hiring and promotion of designated group members in those occupational groups where there is under-representation. The four designated groups are women, Aboriginal peoples, persons with disabilities and members of visible minorities. These goals, which, in most cases, must be higher than availability in the labour force, are intended to act as human resource planning tools. They must be supported by sufficient special measures to ensure they are achieved. Employers are required to make all reasonable efforts to implement their plan and achieve the goals they have set, but failure to achieve these goals does not automatically result in sanctions.

  10. Under the Act, employers must report on their progress annually, and these reports are made available to the public. On June 1st of each year, employers covered under the Act (about 340 employers and 568,000 employees) submit to the Minister of Labour a report on the employment situation of the four designated groups for the previous year.

  11. Reports filed by employers covered under the Employment Equity Act indicate that the four designated groups are under-represented in most occupational categories and industrial sectors everywhere in Canada.

  12. Employment equity for the public service (those for whom Treasury Board is the employer) is now legislated in the Financial Administration Act, through passage of the Public Service Reform Act in 1992.

  13. In addition, Human Resources Development Canada (HRDC) tables an annual report on employment equity in Parliament. The report for 1998 (released in February 1999) shows that the overall representation of women in the work force under the Act was 44.57 percent in 1997, compared to 44.81 percent in 1996 (compared to overall representation in the Canadian labour force of 46.4 percent according to the 1996 Census). The decrease was mainly due to the fact that significantly more women were terminated than were hired in the work force under the Act in 1997, mainly in the banking sector. Despite a slight decrease, from 1996-97, in the overall representation of women in the work force, their representation increased in full-time work and in promotions.

  14. In the banking sector, the number of jobs traditionally occupied by women has decreased significantly in the last 10 years, and banks have not been hiring enough women into other jobs to compensate for the decrease. In 1997, women represented 73.79 percent of all employees in the banking sector, compared to 74.76 percent in 1996. However, there have been increases in some key areas, such as in the number of female executives.

  15. The average salary of women working full time in the federally regulated private sector work force under the Act was $39,282 in 1997, compared to $51,727 for men.

  16. Women increased their share of promotions in permanent jobs in the private sector from 55.96 percent in 1996 to 56.59 percent in 1997. In 1998, that figure rose to 57.6 percent.

  17. In the private sector subject to the Employment Equity Act, women in the other three designated groups earned average salaries that were lower than the salaries of all women in the work force. The representation of persons with disabilities decreased significantly, from 2.66 percent in 1996 to 2.31 percent in 1997. Women with disabilities accounted for almost 85 percent of this decline.

  18. In addition to the Employment Equity Act, the federal government has other initiatives to advance the representation of women in the federal public service.

  19. The Treasury Board Secretariat announced its new Employment Equity Positive Measures Program in December 1998 as a successor program to the former Special Measures Initiatives Program (SMIP) which ended in March 1998. By 1997-98, the SMIP, along with federal government departments, had funded 166 special measure programs for the four designated groups at a cost of $32.5 million. Many of these programs were designed to address special measures for women. Some of the programs included career development, moving women into non-traditional occupations and out of the administrative support categories, workplace equality and mentoring programs.

  20. The new Employment Equity Positive Measures Program is a temporary four-year program, running from 1998-99 to 2001-02. It is designed to promote greater self-sufficiency of departments and agencies in achieving their employment equity objectives and fulfilling legislated obligations. It also positions central agencies to better discharge their legislated responsibilities to address system-wide employment equity priorities. The Program aims to: promote multi-departmental partnership projects dealing with barriers to employment equity; provide an intervention fund for strategic initiatives; offer career counselling to designated group members; and establish the Employment Equity Resource Centre for Persons with Disabilities.

  21. The Management Trainee Program is designed to attract qualified university graduates from both inside and outside the public service and to develop them to the middle management level. As of March 1996, 55 percent of the participants were women.

  22. The Diversity in Leadership Program, which assesses the experience of aspiring senior level, employment equity group managers, includes a component to develop women for non-traditional occupations.

  23. The Career Assignment Program (CAP) and the International Program also seek to ensure that qualified women are nominated as participants wherever possible. CAP is intended to develop the executive potential of promising public servants through rotating assignments. As of March 31, 1997, 62 percent of CAP participants were women. The International Program identifies qualified candidates for work experience in international organizations.

  24. A number of steps have been taken to create a more supportive and flexible work environment in the federal public service. There is a focus on learning and development, balancing work and family, wellness, and recognition of individual and team accomplishments. There is also promotion of the value and strengths of gender equality and diversity in the work force. Medical and dental benefits have been extended to the same-sex partners of employees.

  25. The introduction of a government-wide flexible workplace policy has been positive. As a result, public servants can take advantage of a number of flexible working arrangements such as telework, compressed hours, job sharing, part-time work, daycare and self-funded leave. These initiatives particularly benefit employees seeking better ways to balance family and professional responsibilities.

  26. In 1994, a strengthened harassment policy was introduced into the federal public service. It includes access to impartial mediation and conflict resolution, and a new prescribed means of handling harassment complaints. As a result, all departments are reviewing, updating and improving their harassment policies and procedures. Training programs on interpersonal relations, harassment, abuse of authority and conflict resolution have been introduced in many departments.

  27. There have also been changes to the physical design of the workplace and adjacent areas to improve the physical safety of women employees of the federal public service. This has included tree trimming to eliminate hiding places along exterior walkways and improved lighting in parking areas. Some departments have undertaken personal safety inspections and audits, while others have made self-defence courses or information available to employees.

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

  1. Awareness and education programs in the area of violence against women are discussed under Article 3. A discussion of the promotion of women role models in the area of sports, and a commemoration of women’s achievements in history are discussed under Article 13.

  2. The Women’s Program administered by Status of Women Canada (SWC) provided $1.6 million in grants and contributions in 1996-97 to equality-seeking groups to address such issues as sexual assault, family violence, pornography and the portrayal of women in the media.

  3. In 1995-96, SWC’s Women’s Program provided funding to the Students Commission of Canada to prepare a multimedia kit on young women’s issues entitled “Challenge the Assumptions.” In 1997-98, SWC provided funding to the Commission to hold a national video conference, “Challenge Those Images.” The conference involved young women in the development of critical perspectives on the impact of media on young women and in articulating recommendations related to the negative portrayal of young women in the media to influence media professionals and other relevant decision makers.

  4. In March 1997, SWC held the Roundtable on the Portrayal of Young Women in the Media. Participants included industry representatives, advertising agencies, publishers, fashion editors and television producers, as well as academics and representatives of MediaWatch with expertise on the impact of media images on young women. Among the concerns discussed were the relationship between the portrayal of women as victims of violence and violence against women, and the sexualization of younger women. This dialogue continues.

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Article 6: Trafficking of Women and Prostitution

  1. Prostitution itself is not illegal in Canada, but a number of prostitution-related activities are prohibited. It is a criminal offence to keep or be an inmate of a bawdy house (brothel). “Procuring” or “living off the avails” of prostitution is illegal. Finally, it is an offence to communicate in public for the purpose of engaging in prostitution (this applies to the customer as well as the prostitute).

  2. On December 15, 1998, the Federal–Provincial-Territorial Working Group on Prostitution released its final report entitled Report and Recommendations in Respect of Legislation, Policy and Practices Concerning Prostitution-Related Activities. The Working Group was established in 1992 by the federal and provincial/territorial deputy ministers of justice. Its mandate was to review legislation, policy and practices concerning prostitution-related activities and to provide recommendations. The Working Group focused its energies on the issues of youth involved in prostitution and the harm associated with street prostitution. The issue of violence against prostitutes was raised frequently as it affects both youth and all street prostitutes. The Working Group found that, despite a series of Criminal Code amendments made over the last 25 years, there is compelling evidence that the current law is not working.

  3. The Working Group recommended that the response to youth involved in prostitution should include social intervention strategies and more effective measures to apprehend and prosecute those who sexually exploit youth. Any response should also address the issue from the perspective of the victimization of youth.

  4. The Canadian government is working interdepartmentally to develop domestic policies to deal with trafficking in women in Canada and a federal government interdepartmental working group on trafficking is examining issues related to trafficking in women in preparation for negotiations of the UN Convention on Transnational Organized Crime.

  5. Canada supports the elaboration of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the UN Convention Against Transnational Organized Crime. Canada emphasizes the importance of including human rights protections and safeguards and, if appropriate, an article on discrimination.

  6. In 1996, the Minister of Foreign Affairs appointed a special advisor on children’s rights, with a mandate to provide advice on children’s issues, liaise with NGOs, the academic community, business and the public, and to participate actively in national and international activities on children’s rights. The special advisor also chairs an interdepartmental committee that is following up on the Agenda for Action of the 1996 Stockholm Congress on the Commercial Sexual Exploitation of Children. The focus of the committee is to help develop and promote a Canadian strategy that is aligned with the orientations set out in the Report of the Rapporteur-General, prepared by the former UN Special Rapporteur on the sale of children, child prostitution and child pornography.

  7. The interdepartmental committee was instrumental in the convening of the Summit on Sexually Exploited Youth held in March 1998 in Victoria, British Columbia. The Summit provided a forum for victims of sexual abuse to convey their personal experiences, and brought together youth (primarily girls) from the Americas with experience in the commercial sex trade. They successfully developed a declaration and an action plan. Canada is currently exploring ways to develop support mechanisms for youth, particularly girls, to return to their communities. This includes rehabilitation and counselling, education and training, and reintegration into the community and labour force.

  8. Canada has also been very supportive of the early adoption of the Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Pornography and Child Prostitution. It has been very active in the negotiations to ensure that the text would oblige states to criminalize these practices and to put measures into place to protect child victims.

  9. The Canadian International Development Agency (CIDA) supports a number of initiatives to prevent the exploitation of women in developing countries, including the trafficking of women. Through its Southeast Asia Fund for Institutional and Legal Development, CIDA has supported the national and international action to control, reduce and ultimately eliminate the exploitation of migrant labor, especially the trade in women in the sex industry in the Mekong area.

  10. Efforts to prevent trafficking in women have historically focused on controlling illegal migration and punishing those who violate immigration law. There is now an understanding that a broader approach is necessary — one which not only focuses on preventing illegal immigration, but also recognizes and protects the human rights of the women being trafficked, and prosecutes those who perpetuate and facilitate this trafficking. In order to develop policies and programs that satisfy the requirements of this broader framework, it is important to have a good understanding of how trafficking plays out in Canada. Unfortunately, there is limited concrete information on the extent and the nature of trafficking in women in Canada, and on the implications for municipal, provincial and federal governments of policies that would reinforce this wider approach.

  11. A Federal Government Interdepartmental Working Group on Trafficking is presently examining issues related to trafficking in women in preparation for negotiations of the UN Convention on Transnational Organized Crime.

  12. SWC has contracted four research projects on the Canadian dimension of trafficking in women. It is anticipated that the research will provide greater insight into the extent of the problem in Canada and suggest possible legal and social approaches to the issue, which would take into account the various jurisdictional aspects. The projects are scheduled for completion by the year 2001.

  13. SWC has convened a series of roundtables to address different aspects of the issue of exploitation of children, with a focus on the exploitation of girls and young women. The first one held in December 1996 — the Roundtable on Child Sex Tourism — brought representatives of the travel and tourism industry together with groups such as Street Kids International and End Prostitution in Asian Tourism to discuss how Canadians can contribute to solving the problem of child sex tourism. A subsequent roundtable in March 1998 produced a draft action plan for a national education campaign against the commercial sexual exploitation of children. The campaign, called Stolen Innocence, brings together representatives of the Canadian travel and tourism industry, NGOs and governments to coordinate efforts to address the problem both here and abroad.

  14. The Women’s Program, administered by SWC, has also funded a number of activities undertaken by NGOs in this area, including Passages : Centre des femmes pour jeunes prostituées de Montréal, to undertake a public awareness and education campaign on issues of street life, commercial sexual exploitation and violence against women. The project L’autre coté de la rue will train 10 female street youth to facilitate workshops in Montréal, St-Jérome, Drummondville, Buckingham and Hull. In addition, the Women’s Program has provided funding to The Tracey Memorial Project carried out in Vancouver by Prostitution Alternatives Counselling and Education to look at off-street prostitution. In Saskatchewan, funding was provided in support of a project entitled Saskatoon Communities for Children to begin the process of implementing the strategies and recommendations developed by the Working Group to End the Sexual Abuse of Children by Pimps and Johns. It involved working with community groups, government departments and agencies to establish fiscal responsibilities and time lines for the implementation of recommendations. Outcomes include the establishment of a safe house, healing and treatment programs for victims aged 7-15 and service protocols among the various agencies involved.

  15. SWC also supports community-based action on trafficking in women. For example, in the spring of 1997, SWC provided financial assistance to the North American Regional Consultative Forum on Trafficking in Women held by the Global Alliance Against Trafficking in Women (GAATW) Canada. The Forum took place in Victoria, British Columbia.

  16. More recently, SWC provided funding to the Toronto Network Against Trafficking in Women to document the experiences of the women arrested under Operation Orphan in Toronto in September 1997.

Article 6 - Links to Convention and other sections
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Article 7: Women in Politics and Public Life

  1. A key objective for Canada outlined in The Federal Plan for Gender Equality is the incorporation of women’s perspectives in governance. The federal government acknowledges that promoting women’s participation and representation in governance and decision making — at all levels of political and social life — is an essential step in improving women’s status and well-being. It is also a fundamental prerequisite for women’s equality and is integral to respecting women’s human rights.

  2. Despite their many advances in leadership roles, women continue to be under-represented in such critical areas as politics and the corporate business sector. Women are also a minority among professionals working in such fields as the natural sciences, engineering and mathematics.

Representation in the Federal Parliament

  1. As of December 1998, women comprise 60 (or 19.9 percent) of the 301 elected members of the House of Commons. This is up from 13.6 percent in 1990 and 5.0 percent in 1980.

  2. Within the appointed Senate, women constitute 32 of the 104 senators, or 30.8 percent. This is up from 13.5 percent in 1990 and 10.2 percent in 1980.

Representation on Boards and Judicial Appointments

  1. The federal government acts to ensure gender balance is considered when proposing candidates for appointments to federal boards and agencies. Some departments have developed guidelines in this regard, while others are establishing data banks of qualified women who can be considered for appointments to boards and commissions.

  2. Between April 1, 1994 and March 31, 1998, a total of 3,021 appointments were made to federal boards and commissions; of these 1,930 were men and 1,091 were women.

  3. The federal government continues its efforts to recommend women for appointments to the federal judiciary. In 1997, 17 of 39 judicial appointments were women, while in 1998, 17 of 55 appointments were women.

  4. In 1997, Industry Canada and Canadian Women in Communications (CWC) established an exchange program to foster professional and personal growth for high potential business and government employees. As part of this exchange program, awards are offered each year to two candidates from the private sector and two employees from Industry Canada. Industry Canada’s participation in this program complements the existing Jeanne Sauvé Award, an internship program sponsored by the Department of Canadian Heritage and the CWC in memory of Canada’s first female Governor General.

Women in the Royal Canadian Mounted Police

  1. During 1996, it became evident that many female applicants were unsuccessful in passing the Physical Abilities Requirement Evaluation (PARE) for the Royal Canadian Mounted Police (RCMP). The main reason was the lack of upper body strength. To alleviate the problem, recruiting personnel (with the assistance of the “B” Division (Newfoundland) fitness-lifestyle coordinator and “Depot” Division (formerly the RCMP Training Academy) fitness staff) developed a training program specifically designed for female applicants in preparation for PARE. This program is available to all applicants, regardless of gender. Since its inception, a vast improvement has been noted in PARE test results for female applicants.

  2. The RCMP is continuing to develop initiatives to have the number of instructional staff correspond to the proportion of women, visible minority and Aboriginal members throughout the RCMP work force. Policy on the recruitment of applicants from designated groups has also been established based on the need to make the RCMP more representative of the clients it serves and to ensure that recruiting supports community policing principles.

Women in the Canadian Armed Forces

  1. In 1989, a human rights tribunal concluded that the exclusion of qualified women from combat roles could not be justified. It ordered the Canadian Forces to develop a plan to ensure that the integration of women proceeded “steadily, regularly and consistently” toward complete integration into combat operations within 10 years. Full integration does not mean that women must make up half of Canadian Forces members. Rather, barriers must be eliminated so that women, who meet the required standards and want to serve, can have a career in combat occupations and other areas where previously there were limits on the numbers of women who could serve in a specific occupation.

  2. As of September 1997, women accounted for 10.6 percent of the effective strength of the Canadian Forces. However, in 1998, women still accounted for only 4.8 percent of the members of combat occupations in the navy, army and air force. In 1997, Land Command developed a targeted recruitment campaign to increase the number of women in combat occupations, with Operation Minerva, which was targeted toward career retention and promotion, and the elimination of systemic barriers by 1999. The army has requested that 25 percent of its intake of recruits be women, in order to obtain a critical mass for training and employment in various units. Beginning in January 1998, the army launched a $1.5 million advertising campaign aimed at recruiting women for infantry, armor, artillery and engineering roles. From 1989 to 1997, 245 women joined all four combat non-commissioned member occupations. As of November 1998, in the four months following the completion of the campaign, 368 women applied for at least one combat arms occupation, and recruiting centres received numerous applications from women wanting to transfer from the primary reserve to regular force combat arms positions.

  3. Maritime Command has undertaken various initiatives, including a study of the reasons that lead women to leave the navy and a re-examination of its family support policies.

  4. Other initiatives undertaken by the Canadian Forces include efforts to design its newer ships, and those undergoing refits, in a way that provides flexible accommodation to meet the needs of a mixed male and female crew. Further, combat helmets, rucksacks, combat boots and flak jackets are being modified to ensure that women have the same level of protection and comfort as their male colleagues. Diversity issues are included in senior level Department of National Defence (DND) and Canadian Forces briefings and seminars, and gender issues are covered extensively in the Department’s harassment elimination program. A harassment sensitization course, Standard for Harassment and Racism Prevention, is now mandatory for every member of DND and the Canadian Forces. A gender integration component is being incorporated into the curricula of basic recruit and officer training.

  5. The Canadian Forces National Investigation Service (CFNIS), created in September 1997, was established to investigate reports of sexual misconduct. It is independent of the operational chain of command, and is an investigative body that will recommend criminal charges if warranted. The CFNIS is a revamping of a special arm of the military police. It specializes in sensitive investigations, and aims to develop expertise through its specialized focus. It has the authority to bring sexual assault cases directly to trial, thus eliminating the need for an officer — who may have served directly over the victim or the assailant or both — to make the ultimate decision to press a charge. The CFNIS has no mandate to conduct investigations into sexual harassment, which is dealt with through other means.

  6. The CFNIS released statistics in July 1998 on investigations it is conducting into sexual misconduct allegations. Between January and June 1998, the Service received reports of 97 sexual assaults and 13 other sex-related offences.

  7. In the wake of a series of press reports on incidents of sexual harassment and assault within the Canadian Forces in the spring of 1998, the Canadian Forces has made a number of efforts to step up its commitment to eliminating these unacceptable behaviours. In May 1998, DND established a national 1-800 hotline for reporting sexual assault incidents, with the new National Investigation Service investigating the reported incidents. In June 1998, the military’s first ombudsman was appointed, providing an informal clearinghouse for complaints. In November 1998, the Minister of National Defence announced the re-establishment of an advisory board on gender integration, headed by Sandra Perron, the former captain of the Royal 22nd Regiment who left the military in 1996 after being harassed by fellow soldiers.

  8. The recent passage of Bill C-25 will also greatly improve the effectiveness of the military justice system in dealing with complaints of sexual assault in the military. The legislation to amend the National Defence Act was given Royal Assent on December 10, 1998. One amendment relating to sexual offences in the military and the military justice system is of particular interest to women. The new legislation empowers the military justice system to handle these matters directly, rather than having cases of sexual assault tried in a civilian court, under the Criminal Code, as they have been. As a result, cases of sexual assault can be tried under the military justice system. This is expected to result in more expeditious and serious treatment of any such complaint.

Women in Power and Decision Making

  1. The federal government continues its practice of ongoing consultation with women’s organizations and other community leaders on key issues of concern to women. For example, since 1994, the Minister of Justice and the Secretary of State for the Status of Women have consulted with women’s organizations on women and violence. Similar consultations have been held on the developments of the Centres of Excellence on Women’s Health and on issues relating to sustainable development. Biannual consultations are also held with national women farm leaders.

  2. Under Gathering Strength — Canada’s Aboriginal Action Plan, the Department of Canadian Heritage works with Aboriginal women’s groups (both on and off the reserve) primarily to strengthen their capacity at the community level, with some attendant support at the provincial/territorial and national levels. The goal is to ensure the full and equitable participation of Aboriginal women in the consultations and decision making surrounding Aboriginal self-government initiatives.

  3. The Department of Foreign Affairs and International Trade (DFAIT) has promoted engagement by Aboriginal women in power and decision making by inviting the leaders of national Aboriginal women’s organizations to consultations convened by DFAIT on international indigenous issues. For example, DFAIT sponsored Aboriginal women to attend sessions of the World Intellectual Property Organization (WIPO) Fact-Finding Mission to Canada on Intellectual Property Rights and Indigenous Peoples, during its cross-Canada tour in November 1998.

  4. In 1996-97, through the Women’s Program, Status of Women Canada (SWC) provided funding in support of some 33 projects, with these grants totaling $579,422 in support of a range of projects at national, regional and local levels aimed at addressing the issue of the participation of women in decision making. For example, funding was provided to the Manitoba Association of Women and the Law to increase women’s awareness of the federal appointment system and areas where qualified and interested women are needed to fill positions. In Ontario, Women Plan Toronto received funding to conduct workshops aimed at getting women involved in municipal elections as well as municipal governance issues in general. In Québec, the Table de concertation des groupes de femmes de l’est du Québec received funding for four regional meetings. The goal in involving 27 women’s groups and 50 women, who sit on regional decision-making bodies, was to increase the representation of women on these bodies and to improve the supportive links among these women.

  5. The Government of Canada has also provided funding support for projects undertaken by women’s and other equality-seeking organizations to address the participation of women in decision making. Of particular importance is the funding of Aboriginal women’s groups to participate in the self-government process. Through this funding, a new relationship is being forged with the Aboriginal community. Initiatives funded include the following.

  6. In response to the creation of Nunavut, Canada’s newest northern territory, the Inuit Women’s Association of Canada (Pauktuutit) implemented an education strategy for generating public support for gender equality in the Nunavut legislature and the full participation of Inuit women in self-government efforts. This was accomplished with the financial assistance of the Women’s Program. Pauktuutit’s work focused on the proposal for gender parity in the Nunavut Legislative Assembly, and encouraged women’s participation in the plebiscite on gender parity. Pauktuutit held education and strategy sessions with women from across the North, developed a website to post information throughout the plebiscite process, and taught women how to use telecommunication tools and the information highway in networking and coalition building. In the end, although the plebiscite results did not adopt the gender parity proposal, there was widespread public debate about the proposal, laying the groundwork for future public policy discussions on gender equality.

  7. The Nova Scotia Native Women’s Association researched the traditional role of Mi’kmaq women in the self-governing process. Through its efforts, the Association successfully acquired official status in the NS-Canada Tripartite Forum on Native Self-Government in 1997, thus facilitating Native women’s involvement in setting public policy on the critical issue of self-government for Native people in Nova Scotia.

  8. The Aboriginal Women’s Action Network received funding in 1997-98 to undertake research on the impact of Bill C-31 (an amendment to the Indian Act) on Aboriginal women in British Columbia, on the extent of inequities in status and membership and, consequently, access to decision making and resources. Through interviews and questionnaires, research is being conducted, primarily with urban Aboriginal women throughout the province, to identify issues related to band membership, access to homelands and rights for Aboriginal women. In partnership with other urban Aboriginal groups, a strategy is being developed to address identified issues, and improve women’s access to band membership and the self-government process.


  9. Through the Government of Canada, the Canadian Adaptation and Rural Development Fund is providing $80,000 to farm and rural women’s organizations to undertake leadership development and strategic planning workshops in order to revitalize and strengthen their organizations’ leadership.

  10. The Department of Indian Affairs and Northern Development (DIAND) provided the Native Women’s Association of Canada with project funding of $250,000 for a national conference on Bill C-31 which was held in March 1998, and $45,000 for a national follow-up conference which was held in May 1999.

Article 7 - Links to Convention and other sections
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Article 8: Women as International Representatives

  1. The Department of Foreign Affairs and International Trade (DFAIT) has made progress in the last five years toward the goal of achieving a work force that reflects the diversity of the Canadian labour market. Progress is also being made to meet obligations under the Employment Equity Act. In addition, DFAIT is committed to improving the career prospects of women by increasing their representation in departmental management and by facilitating their access to non-traditional occupations. Efforts continue to be made to implement outreach measures to recruit visible minorities, persons with disabilities and Aboriginal peoples.

  2. In 1998-99, women made up 44.7 percent of DFAIT’s work force. This is an increase from their representation of 40.8 percent on March 31, 1994. In the Foreign Service officer group, women comprise 28.4 percent, an increase from 22.8 percent in 1994. Progress continues to be made in the recruitment of women. In 1998-99, 49 percent of new employees were female, a slight decrease compared to 52 percent on March 31, 1994. Progress is also being achieved in the Department’s commitment to ensure that 50 percent of the candidates interviewed annually are women. The rate of promotion among women has also improved; in 1998-99, 45.5 percent of the people who received promotions were women, compared to 36.7 percent in 1994-95. The separation rate for women in 1998-99 was 46.6 percent, an improvement compared to March 31, 1994 when the rate was 51.5 percent.

  3. Current female representation in the executive group of DFAIT is 13.3 percent compared to 8.7 percent in 1994. In 1999, 16.6 percent of heads of mission were women, a substantial increase from 10 percent in 1994.

  4. In 1998-99, 28.68 percent of Canadian International Development Agency (CIDA) overseas employees were women. Of these, 5.71 percent occupied management positions, 88.57 percent were in program and administrative services, 2.86 percent in economics and 2.86 percent were from the Foreign Service.

  5. DFAIT has initiated qualitative measures to improve the career prospects of women employed in the Foreign Service, inter alia, developmental and educational opportunities, flexible working arrangements, teleworking, job sharing, arrangements to accommodate religious holidays and the responsibilities of caregivers, and the provision of funding to acquire special equipment for persons with disabilities.

  6. DFAIT has enhanced and improved departmental mechanisms for the career advancement of Aboriginal women in the public service, through the efforts of the Department’s employment equity advisor, and pursuant to the provisions of the Employment Equity Act. An Inuit woman has served as Canadian Ambassador for Circumpolar Affairs for several years and provides strong leadership at the Arctic Council where she is Canada’s senior Arctic official. Other Aboriginal women occupy positions at the management level and at Canadian missions abroad.

  7. Status of Women Canada (SWC) has been successful in securing the participation of representatives from Canadian NGOs (including women’s organizations) at key international meetings, to enable them to access the international public policy process more effectively. This has included sending two NGO representatives on the Canadian delegation to the Commonwealth Women’s Affairs Ministers Meeting in November 1996 and having NGO representatives on the Canadian delegation to the UN Commission on the Status of Women since 1997.

  8. Through SWC’s Women’s Program, funding has been provided to Canadian women’s NGOs for activities in support of Canadian NGO preparations for participation at the United Nations World Conference on Women held in Beijing in 1995 and the more recent United Nations Beijing + 5 preparatory meetings. Through CIDA, Canada has also supported the involvement of women from developing countries in the Beijing process and its follow-up.

Article 8 - Links to Convention and other sections
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Article 9: Nationality

  1. Before February 15, 1977, children born outside of Canada were entitled to be registered as Canadians provided they were born in wedlock to Canadian fathers. If they were born to Canadian mothers, they were entitled to be registered as Canadians only if they were born out of wedlock. Since most children were born in wedlock, the parents’ civil status had the effect of discriminating against Canadian women.

  2. In 1997, the Supreme Court of Canada found in Benner v. Canada that the denial of citizenship to a man (for reasons unrelated to his birth), who had been born abroad in wedlock to a Canadian mother in 1962, amounted to unjustifiable discrimination based on sex. If the individual had been born to a Canadian father, he would have been entitled to registration as a Canadian, and other reasons for denying citizenship would not have come into play. The Supreme Court found that the difference in treatment between children born in wedlock to Canadian fathers and those born in wedlock to Canadian mothers amounted to unjustifiable discrimination based on sex.

  3. As a result of the Supreme Court decision, eligibility for citizenship for those born abroad of Canadian mothers in wedlock before February 15, 1977 is no longer subject to certain prohibitions. Such children are now entitled to citizenship.

Article 9 - Link to Convention

Article 10: Education

  1. In Canada, responsibility for education rests primarily with the provincial governments. All levels of government recognize the importance of improving women’s education and training opportunities as being central to improving their employment opportunities and, subsequently, their economic well-being. In The Federal Plan for Gender Equality, the Government of Canada has outlined a strategy, in partnership with provincial and territorial governments and women’s organizations. The Plan focuses on improving women’s access to lifelong learning, supporting and encouraging women’s participation in the fields of science and technology, and developing appropriate training materials and programs for women. Examples of initiatives that have been undertaken include the following.

Article 10(a): Access to Studies

  1. The Canadian Opportunities Strategy (introduced in the 1998 budget) will be of particular importance to women in gaining access to knowledge and skills. Women represent more than 50 percent of university and community college students. Initiatives included in the Canadian Opportunities Strategy are:
  1. The Canada Student Loan Program provides assistance to eligible students attending post-secondary institutions; a number of provisions are relevant to women. Fifty-five percent of full-time Canada Student Loan borrowers are women, and there is no upper age limit for eligibility.

Article 10(c): Elimination of Stereotypes

  1. Through the Office of Learning Technologies (OLT), the Government of Canada provided support to the Pan-Canadian Women and the Internet Conference, he