Bill S-212 - An Act respecting a national strategy for children and youth in Canada

Via email: soci@sen.parl.gc.ca

The Honourable Rosemary Moodie
Chair, Standing Senate Committee on Social Affairs, Science and Technology (SOCI)
Senate of Canada
Ottawa ON K1A 0A6

Dear Senator Moodie:

Re: Bill S-212 - An Act respecting a national strategy for children and youth in Canada

We are writing on behalf of the Children and Youth Law (CYL) Section of the Canadian Bar Association (CBA) regarding Bill S-212, An Act respecting a national strategy for children and youth in Canada. We thank the Senate for the opportunity to comment and we commend you, Senator Moodie, as the bill's sponsor, for your leadership in advancing this initiative. We note that our response is limited due to the tight time constraints; however, we would welcome the opportunity to provide a more detailed assessment at a later date.

The CBA is a national association of over 40,000 members, including lawyers, law students, notaries and academics. Our mandate includes promoting the rule of law, improving access to justice and advocating for effective law reform. The CYL Section engages with legal and policy issues affecting children and youth in Canada. Our work focuses on strengthening the participation and legal representation of young people, advancing the enforcement of children’s rights, and improving the overall well-being of children and youth across the country.

Establishing a National Commissioner for Children and Youth

The CBA supports implementing a national strategy that advances compliance with the United Nations Convention on the Rights of the Child (UNCRC) and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The objectives set out in this bill are essential to ensuring that children and youth in Canada enjoy a high standard of living and the full realization of their rights.

As stated in the CBA’s 2018 resolution, May 30, 2018 letter to the Prime Minister of Canada, the CYL Section's February 2020 Alternate Report to the UN Committee on the Rights of the Child, and its October 2020 and April 2022 Updates to the CBA Section Alternative Report, the CBA joins the UNCRC Committee in recommending the establishment of a National Commissioner for Children and Youth as an independent Officer of Parliament reporting to both Houses. A Commissioner would promote and protect the rights of children and youth, and address federal issues such as criminal justice, divorce, immigration and other areas of federal jurisdiction. This office would also be well-placed to liaise with provincial, territorial and Indigenous counterparts.

Review of Provisions

With respect to Clause-by-Clause input, we recommend the following:

Under preamble:

1. We note that “youth” is used as a collective term, whereas “youths” refers to multiple individuals and therefore may not be necessary in this context. The term appears in both the preamble and section 4.
2. We recommend addition of the preamble clauses of the CBA Resolution carried on February 15, 2018, or a comparable clause, in particular:
   • WHEREAS nearly one-fifth of Canada’s population is under 18 years of age;¹
   • WHEREAS children in Canada have no independent voice to represent their rights and interests in Parliament, limited opportunity to participate in political processes and no effective complaint mechanism when their rights are violated;

Under Section 4 Content:

Based on our prior resolution and submissions, we recommend one subsection be added, and three revisions to existing subsections, as indicated in italics:²

1. Add a new Subsection 4(2)(a)(iv), as follows:
   (iv) identifying a timeline for federal-provincial-territorial consultations with a view to prompt ratification of the Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, adopted by the United Nations General Assembly on December 19, 2021.
2. Add a new Subsection 4(2)(b), as follows:
   (b) Promote and support the adoption of general measures of implementation of child rights in Canada collaboratively across government agencies and departments as well as between levels of government;
   This would require re-lettering the subsequent provisions, for example, subsection (b) will become (c):
   (c)Identify a series of outcomes and quantifiable indicators that align with internationally accepted standards that would, if met, demonstrate that the Government of Canada’s objectives have been met;
3. Revise and re-letter Subsection 4(2)(c), to insert the italicized section, as follows:
   (d) provide for an independent national officededicated to promoting, monitoring and investigating children’s rights and expanding children’s opportunities to participate in decisions that affect them,and mandated to prepare an annual report providing an evidence-based assessment of whether the Government of Canada’s objectives have been met;
4. Revise and re-letter Subsection 4(2)(f):
   (g)propose mechanisms such as child rights impact assessments that, if implemented as part of the strategy, would allow for…

Indigenous Youth

We draw your attention to the recently released report from the BC First Nations Justice Council, Witnessing Through Story: Indigenous Youth Voices on Justice, Safety & Wellbeing, which underscores the urgency of this bill as well as the adherence to the UNDRIP. Appendix A identifies opportunities for a cohesive strategy to transform justice and child welfare systems. In general, the recommendations call for reforming the existing justice system, preventing youth interactions with the justice system, and restoring First Nations Justice Systems. These efforts aim to place safety, dignity, belonging, and self-determination at the centre of all systems engaging with Indigenous youth.

In summary, the CBA appreciates the Senate’s work in advancing this important bill and supports its objectives. Establishing a National Child and Youth Commissioner would strengthen coordination of federal action to implement the UNCRC, enhance Canada’s legislative framework, and support collaboration across jurisdictions. Such a role could advance work on a child privacy code, measures to prevent online harms, reforms to the youth criminal justice system, child’s rights impact assessment, child and youth legal representation, participation rights, access to justice and effective remedies, and opportunities for Indigenous and other equity-deserving youth.³

We hope our comments are helpful and welcome the opportunity to discuss these issues further.

Yours truly,

(original letter signed by Yasmin Khaliq for Tina Parbhakar)

Tina Parbhakar
Chair, Children and Youth Law Section

End Notes