Approximately every four years, Canada is required to submit a Periodic Report to the UN Committee on the Rights of the Child (Article 44) (Convention on the Rights of the Child (CRC) Committee). The Committee also receives submissions from non-governmental organizations. Concluding Observations are then made by the CRC Committee which:

• Contain results of the Committee’s review of Canada’s report including concerns and recommendations for improvement
• Have been referred to by Courts in legal analysis (Canadian Foundation for Children, Youth and the Law v. Canada (Attorney General) 2004 SCC 4 at paras. 186-187)
• Can help you identify Canada’s gaps in legal arguments or submissions.

Good advocates can and should make effective use of these reports, as they can be relevant in Court.

While Canada has made some progress on implementing child rights, there is room for improvement. In 2012 Canada submitted its third and fourth Periodic Reports and received the CRC Committee’s Concluding Observations in October 2012 on Canada’s progress that highlighted:

• Legislative measures adopted:
  • Law amending the Citizenship Act that took effect April 17, 2009
  • Bill C-49, an Act to Amend the Criminal Code (trafficking in persons) November 25, 2005
• Ratification of the Convention on the Rights of Persons with Disabilities, March 2010
• Institutional and policy measures taken:
  • National Action Plan to Combat Human Trafficking (June 2012)
  • Homelessness Partnering Strategy (April 2007)
  • Establishment of Interdepartmental Working Group on Children’s Rights (2007)
  • National Plan of Action for Children: A Canada Fit for Children (launched April 2004)
  • National Strategy to Protect Children from Sexual Exploitation on the Internet (launched May 2004)

Several areas for improvement were also specified in the Committee’s 2012 Concluding Observations for Canada including the following which could assist you in related advocacy:

• Improve Implementation, Coordination, Planning and Monitoring of Child Rights: legislation, national children’s commissioner, educating professionals working with children, use of child rights impact assessments, monitoring and evaluation
• Strengthen Use of the CRC Guiding Principles: integrate and apply best interests more broadly, improve mechanisms for child participation, address overrepresentation of Indigenous children and African-Canadian children in criminal justice and out-of-home care placements; address disparity in vulnerable children’s access to services
• Address Violence Against Children: corporal punishment, abuse and neglect, sexual exploitation and abuse, harmful practices, freedom from all forms of violence
• Address Business Sector practices: to comply with human rights standards, at home and abroad

Note that similar concerns were raised during Canada’s Universal Periodic Review before the United Nations in 2013 that considered the implementation of all human rights instruments ratified by Canada.