Article 2(c): Protection of women's legal rights
52. The Court Challenges Program mentioned in previous reports was terminated in 1992 as part of the federal expenditure reduction effort. In August 1993, in response to a recommendation from a Parliamentary Committee and representations by many women's groups and other equality-seeking groups, the Government pledged to restore the Program at its former funding level of $2.75 million per year. The Program was reinstated in October 1994 following extensive consultations with interested groups. It will provide financial assistance for test cases of national significance put forward on behalf of or by groups or individuals that will clarify Canada's language and equality rights under the Constitution.
53. Cases eligible for funding under the Program involve federal and provincial language rights protected by the Constitution as well as challenges to federal legislation, policies and practices based on section 15 (equality) of the Canadian Charter of Rights and Freedoms and section 28 (equality of sexes), or in which an argument based on section 27 (multicultural heritage) is made in support of arguments based on section 15. The Program will be administrated by the Court Challenges Program of Canada Corporation, a non-profit agency, at arm's length from government, with representation on the governing body from among others, the private bar, interested non-governmental organizations and academics.
54. The federal government announced in the 1994 Speech from the Throne to open Parliament that amendments will be proposed to the Canadian Human Rights Act.
Article 2(f): Legislative changes
55. An Act to amend the Criminal Code (sexual assault) came into force in August 1992. The Act provides a test for determining the admissibility of evidence of a complainant's sexual activity in trials of sexual offenses, and sets out strict procedures to be followed. The Act also defines for the first time the concept of consent, as it relates to sexual assault.
56. The Corrections and Conditional Release Act received Royal Assent in June 1992. This Act gives victims a greater role in parole hearings, and greater access to information concerning the parole status of an offender. Judges were given the power to establish the parole eligibility date for "violent" and serious drug offenders. This provides greater protection to society.
57. An Act to amend the Criminal Code and the Young Offenders Act came into force in August 1993. The Act features a new provision that prohibits criminal harassment (stalking). It also amends the law to:
58. An Act to amend the Criminal Code and the Customs Tariff (child pornography and corrupting morals) came into force on August 1, 1993. This Act amended the Criminal Code to provide better protection to children from sexual abuse and sexual exploitation linked to pornography. The Act included new provisions that specifically prohibit the possession, production, sale and distribution of child pornography.
Article 2(g): Penal provisions
59. The Comprehensive Sentencing Reform Bill was tabled in June of 1994. The Bill sets out the purposes and principles of sentencing. It makes "hate crime" (a crime motivated by hatred against a group on grounds such as race or sex) an aggravating factor in sentencing. Abuse of a position of trust is also included as an aggravating factor in sentence. These provisions will help to ensure that violent crimes committed against women are properly dealt with by the courts.
60. The Sentencing Reform Bill will also assist women offenders by ensuring that an offender unable to pay a fine only goes to jail as a last resort. Fines as a sanction cannot be imposed by a judge if the offender is unable to pay. Since many women receive jail sentences for non-payment of fines, this proposal will assist poor women.
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Article 3: Measures to ensure the advancement of women
61. New guidelines on women refugees were issued in March 1993 by the Immigration and Refugee Board. The Guidelines on Women Refugee Claimants Fearing Gender-related Persecution are designed to ensure that the United Nations' definition of Convention refugee is applied to gender-related refugee claims in a manner which acknowledges ways in which persecution may be experienced by women in their countries of origin.
62. As part of the federal immigrant integration strategy, a new federal immigrant language policy was introduced with the goal of making language training for immigrants more accessible. In June 1992, two language training programs were introduced: Language Instruction for Newcomers to Canada (LINC) and Labour Market Language Training (LMLT). By offering a variety of training options, including part-time and workplace-based training, LINC should increase access to training for women. Childcare is provided on and off site during training sessions. LMLT provides specialized language training beyond LINC's basic level. It is aimed at immigrants and refugees who have (or have the potential to acquire) occupational skills that are in demand in their local labour market.
63. The Live-In Caregiver Program enables people to come to Canada as caregivers who work and live in Canadian homes (the majority of applicants are women). When the Program was established in April 1992, the eligibility criteria changed from the previous Foreign Domestic Movement Program. The new requirements included the equivalent of Canadian grade twelve education and six months full time training in a field related to caregiving. These changes were criticized by a parliamentary sub-committee. The Canadian Human Rights Commission also expressed concerns over the changes. In June 1993, the Government agreed that verifiable on-the-job experience should be recognized for purposes of qualification. Subsequently, the Immigration Regulations were changed so that applicants were required to have at least twelve months experience in employment related to the job being offered in Canada or six months of full time training. This change took effect on March 16, 1994.
64. In 1989, a Plan of Action for Aboriginal Women and Economic Development was put together by a working group composed of representatives from the three national Aboriginal women's groups and Status of Women Canada (as referred to in paragraph 148 of the Third Report). The Plan was the catalyst for the creation of an Aboriginal Women and Economic Development Steering Committee and Co-ordinator's office, announced in March 1991. Now incorporated as a non-profit organization, the Economic Development for Canadian Aboriginal Women was allocated federal funding of $840,000 in March 1991 to develop education and training opportunities to foster economic and business skills among Aboriginal women, develop a data base on the economic activities of Aboriginal women, communicate and network, and engage in ongoing consultations with the federal government. The contribution agreement ended in March of 1995.
65. In August 1991, the Government established the Royal Commission on Aboriginal Peoples to examine the broad range of issues concerning Aboriginal peoples in Canada. The Commission is composed of seven Commissioners, three of whom are women. As part of its mandate, the Commission is examining the position and role of Aboriginal women under existing and future social conditions and legal arrangements. Its final report is expected in the fall of 1995.
66. A Parliamentary Subcommittee on the Status of Women began hearings on the issue of violence against women in November 1990. Its report, The War Against Women, was tabled in the House of Commons in June 1991. Status of Women Canada co-ordinated the federal response to the report, Living Without Fear...Every Woman's Right, Everyone's Goal, which was tabled in the House of Commons in November 1991.
67. In August 1991, the Government announced the establishment of the Canadian Panel on Violence Against Women. The Panel's final report Changing the Landscape: Ending Violence - Achieving Equality was publicly released in July 1993. The final report contains historic information, an analytical framework and almost 500 recommendations pertaining to all sectors of society. The Panel's report addresses violence-specific issues and recommendations but also casts the issue of women's victimization in a framework of overall gender equality.
68. A Community Kit and a video were also released by the Canadian Panel on Violence Against Women. A demonstration project was held in ten communities across the country and the experiences were published in Community Stories: Taking Action on Violence Against Women in the fall of 1994.
69. An Act respecting a national day of remembrance and action on violence against women received Royal Assent in October 1991, and on each December 6th, community events are held across the country to encourage the people of Canada to take action to eliminate violence against women.
70. The federal government is contributing to the Canadian Association of Broadcasters' (CAB) Speak Out against Violence public service announcement campaign to counteract violence in Canadian communities. The key themes include: women and violence, children and violence, fear of violence, and media violence. The government contributed $555,000 to the first year of this three year campaign, while private radio and television broadcasters, members of the CAB, are providing $10 million in air time to broadcast the public service announcements.
71. Canada has recently launched two major international initiatives to counter violence against women. One initiative resulted in the adoption by the United Nations of the Declaration on the Elimination of Violence against Women in December 1993. The second initiative in 1994 resulted in Canada playing a leading role in ensuring that the United Nations Commission on Human Rights approve and subsequently appoint a Special Rapporteur on Violence against Women.
72. In November 1994, the federal government announced a National Information System on Child Sex Offenders. The system is based on the national police data-base and will allow organizations and employers that staff positions (paid or volunteer) involving trust or authority over children to work with local police to screen out applicants who have criminal records for sexual offenses, including sexual offenses against children. The government also announced the funding of a public education project which will be undertaken by a national non-governmental organization and which will result in a comprehensive volunteer/employee screening manual for national distribution, as well as community training workshops in over 200 communities.
73. A National Crime Prevention Council was created in July 1994 as part of the National Strategy on Community Safety and Crime Prevention. The Council is an advisory body that has been set up to share and exchange crime prevention information, research and activities across the country, and to co-ordinate existing and future efforts in crime prevention. It will report annually to the federal, provincial and territorial Ministers of Justice and will advise them on possible actions to prevent and deal effectively with crime. Issues related to violence against women are expected to be an important component of the Council's work.
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Article 4.1: Temporary special measures
74. The Employment Equity Act includes a provision whereby in 1991, and again in 1994, the provisions, operation and effect of the Act are reviewed by Parliament. The first report A Matter of Fairness was tabled in the House of Commons in May 1992. The Report contained 31 recommendations which aimed at expanding the Act to include the federal public service, the Royal Canadian Mounted Police, the Canadian Armed Forces, Parliament, and all federal agencies, boards and commissions. In the federally regulated private sector, the Committee proposed to extend the Act to include employers with 75 employees or more (it currently applies to federally regulated employers and some Crown Corporations with 100 or more employees). The Committee also recommended a stronger enforcement role for the Canadian Human Rights Commission. A new Employment Equity Bill addressing most of these concerns is currently being reviewed by a parliamentary committee.
75. The principle of employment equity has been applied to the federal public service since 1983. A new employment equity strategy was adopted in 1991, utilizing a revised objective-setting method based on recruitment, promotion and retention rather than simple numerical representation, thereby putting more onus on managers to improve employment practices and the corporate culture. With the adoption of the Public Service Reform Act (1992), employment equity for the public service is now legislated in both the Financial Administration Act and the Public Service Employment Act.
76. The federal government has undertaken a major reform of the public service job classification system. The achievement of equal pay for work of equal value requires the use of a common tool to evaluate all jobs, whether they are performed by men or women. For this reason, the Government began undertaking, in January 1991, a Universal Classification Standard in the federal public service, thereby simplifying the process of evaluating jobs. The Universal Classification Standard is still being examined.
77. The Report of the Task Force on Barriers to Women in the Public Service, Beneath the Veneer, was released in April 1990. It suggests the Public Service should focus on balanced representation of women at all levels of the work force. In July 1991, Treasury Board released a report, Responding to Beneath the Veneer on how departments and agencies are responding to the Task Force ecommendations.
78. On behalf of the Treasury Board of Canada, the Public Service Commission administers the Special Measures Initiatives Program designed to provide practical means to federal institutions to achieve their employment equity objectives. These measures are "special" because they are temporary support measures for the federal employment equity program which aims at providing employment opportunities to members of designated groups, increasing the likelihood of retaining these individuals within a culturally diverse and fully representative workplace. Women, Aboriginal peoples, members of the visible minority groups and persons with disabilities constitute the designated groups in the federal public service.
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Article 5: Elimination of stereotypes
79. The Government believes it is important that women have equal opportunity to participate fully in all aspects of the Canadian broadcasting system. The Government fully addressed this issue in the new Broadcasting Act, proclaimed in June 1991. The new Act states that the Canadian broadcasting system should "through its programming and the employment opportunities arising out of its operations, serve the needs and interests, and reflect the circumstances and aspirations, of Canadian men, women and children, including equal rights,..." This legislation applies to all broadcasters, requiring them to comply with the practice of employment equity by employing a broad cross-section of Canadians at all levels of the industry.
80. In May 1992, the Canadian Radio-television and Telecommunications Commission (CRTC) released two studies on television violence: Scientific Knowledge about Television Violence, an overview of 200 scientific studies, and Summary and Analysis of Various Studies on Violence and Television.
81. Television Violence: Fraying the Social Fabric, a report of the Standing Committee on Communications and Culture, was released in June 1993. The Parliamentary Committee unanimously recommends that federal and provincial governments work together in establishing a classification system for television programming and films and videos to help Canadians control and moderate the profusion of violence appearing on their television screens. In addition, the Report calls on Canada's television industry to immediately develop and adopt codes of ethical programming to dramatically reduce violence and urges the CRTC to use its regulatory influence in accelerating and sustaining broadcasting conformity to such industry codes.
82. In September 1993, the Action Group on Violence on Television, an organization representing all components of the Canadian broadcasting industry, set out a six-point statement of principles, establishing the basic standards for the depiction of violence in television programming. The Action Group has also established a number of sub-committees to develop a classification system, as well as to initiate educational programs and maintain liaison with parent and teacher groups.
83. In October 1993, the CRTC announced approval of the code on television violence developed by the Canadian Association of Broadcasters, the organization which represents private television and radio companies. The code went into effect on January 1, 1994 and compliance with the code has been made a condition of license renewal. Other sectors of the broadcasting industry have submitted their own code on violence to the CRTC for their approval.
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Article 6: Prostitution
84. In November 1992, a review of prostitution-related legislation, policy and practices was initiated by federal, provincial and territorial deputy ministers of Justice. A working group has been set up to perform this task and report to the deputy ministers of Justice.
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Article 7: Women in politics and public life
85. In 1994, 16 out of the 103 appointed senators were women. In 1993, the Prime Minister appointed the first woman as Government Leader in the Senate.
86. The percentage of women appointed to federal agencies, boards and commissions is 31.2 percent. In 1994, the Prime Minister appointed the first woman Clerk of the Privy Council, the highest position in the federal public service. In the federal public service, 16.7 percent of deputy ministers are women (1994) and, in 1992, women held 17.1 percent of executive managerial positions.
87. In January 1991, there were 858 federally appointed judges. Of these, 84 (or 9.8 percent) were women. As of April 1994, there were 950 appointed judges. Of these, 122 (or 12.8 percent) were women.
88. In April 1994, changes were made to the federal judicial appointment process to ensure that more women are considered for judicial appointments. New advisory committees have been established in each province and territory. Advisory committees will receive instruction on diversity issues. Greater public accountability of the work undertaken by the advisory committees will include a greater participation of lay members selected for their ability to reflect the diversity of their communities.
89. The total proportion of women in the Regular component of the Canadian Forces (CF) increased slightly from 10.5 percent in 1990 to 11 per cent in January 1995. During that same period, women in the Reserve component increased from 21 to 21.8 percent. Regular Force women in non traditional occupations (qualified or in training) increased from 455 in February 1991 to 523 in January 1995. Similarly, Reserve Force women in non traditional occupations increased from 1126 to 1956.
90. The name of the Minister's Advisory Board on Women in the Canadian Forces was changed to the Minister's Advisory Board on Gender Integration in the CF (MABGICF). The board was formed in 1990, to monitor the integration of women in the CF. The MABGICF identified harassment as the major obstacle faced by women seeking a career in the CF. In response to criticism by the MABGICF, the CF has assiduously addressed this issue. Harassment awareness programs and a zero incidence (of harassment) policy have been developed and implemented. Significant progress has been and continues to be made in the areas of harassment prevention and education.
91. In 1988, the National Recruitment Team of the RCMP was formed. Its responsibility was to complement the divisional recruitment strategies in an effort to encourage women and other target groups to enter the RCMP. As their mandate has largely been met, members of the team are presently being transferred to other areas of the Force, with their positions being dispersed to those divisions in which target group recruiting still requires a specific focus, specifically in large urban centres such as Toronto (Ontario), Montréal (Québec) and Vancouver (British Columbia).
92. Women represent 9.9 percent of the regular membership of the Force, with 7.5 percent in the Special Constable and 43.4 percent in the Civilian Member areas. Of the 346 recruits who were engaged in 1993-1994, 72 (or 20.8 percent) were women.
93. The RCMP has increased promotional opportunities for women who are interested in becoming Commissioned Officers by allowing Corporals to compete for commissions.
94. In February 1993, the Women's Program at Human Resources Development was renewed. The Women's Program is responsible for providing financial and technical assistance to voluntary organizations working towards equality for women. For over twenty years, the Program has supported hundreds of voluntary organizations to undertake activities such as conferences, research, and public education on women's equality issues.
95. The Aboriginal Women's Program of the Department of Canadian Heritage is the primary source of funding to Aboriginal women's organizations for purposes of improving their socio-economic and political status. The overall mandate of this program is to enhance, promote and foster the social, cultural, economic and political well-being of Aboriginal women within their own communities as well as within Canadian society. Three national Aboriginal women's associations are funded under the program which work with all levels of government to address the doubly disadvantaged position of Aboriginal women in Canadian society.
96. The multiculturalism funding programs in the Department of Canadian Heritage address the difficulties that immigrant, ethnocultural and visible minority Canadians have in integrating and participating fully and equitably in society. The programs also deal with issues surrounding family violence and wife assault. Eligible applicants for funding include immigrant and visible minority women's organizations, ethnocultural groups, immigrant serving agencies, as well as mainstream agencies and individuals, including academic researchers.
97. DAWN Canada (Disabled Women's Network Canada), a national, feminist, cross-disability network for women, was founded by the Status of Disabled Persons Secretariat in 1985 (refer to paragraph 189 of Third Report). In early 1991, DAWN Canada began the process of facilitating a national consultation between the federal departments participating in the Family Violence Initiative and organizations working with persons with disabilities. Under the Family Violence Initiative, consumer organizations had an opportunity to identify how they might co-ordinate their efforts in addressing violence against persons with disabilities, and to hear from federal departments about their policy funding areas. Both the Family Violence Initiative and the Disabled Persons Participation Program Fund have funded numerous projects addressing women with disabilities.
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Article 8: Women as international representatives
98. Paragraph 191 of the Third Report identifies Canada's objectives with regard to the representation of women in international organizations. Furthermore, in the context of the promotion of women within the United Nations Secretariat, Canada is actively encouraging the adoption of policies and practices to discourage and eliminate any and all forms of sexual harassment.
99. The Department of Foreign Affairs and International Trade is committed to improving the career prospects of women by increasing their representation in management and by facilitating their access to non-traditional occupations. Significant progress has been made in the recruitment of women in the Foreign Service Officer group in recent years. In the past three years, recruitment of female foreign service officers has surpassed 40 percent. The promotion rate of women has also increased dramatically in the past years. In 1993, 31 percent of foreign service officers promoted were women. The retention of women is also higher than that of men in this category. In April 1994, 14 of 110 heads of mission were women.
100. In April 1994, Canadian women occupied the following international positions: Executive Director - UNEP, Assistant Secretary General, Human and Social Sciences - UNESCO, Director, Information Division - NATO, Director, Evaluation and Strategic Planning - UNDP, Comptroller - UNHCR, Co-ordinator, Women Refugees - UNHCR, Director, Personnel and Administration - WFP, Director, Women and Youth Affairs - Commonwealth Secretariat. Of the 651 Canadians in professional jobs in the United Nations system, 177 (27 percent) are women.
101. In 1994, 32 percent of the Canadian International Development Agency's overseas employees were women. Of these: 3 percent occupied positions in management; 94 percent in administration; 3 percent in administration support.
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Article 10: Education
(a) Access to studies
102. Through the Department of Indian Affairs and Northern Development (DIAND), the federal government funds elementary and secondary education of on-reserve status Indian children and Inuit children. DIAND also provides funding for status Indian and Inuit people who want to pursue full-time or part-time post-secondary studies. Financial support for tuition, travel and living expenses is available. In June 1994, a $20 million increase for the Indian and Inuit Post-Secondary Student Support Program was announced, bringing the 1994-95 total funding to $247.3 million. Since 1990, just under 22,000 students have used this program annually, two thirds of whom are women.
(c) Elimination of stereotypes
103. One of the most significant developments in higher education in recent decades has been the increased participation of women who, in 1993, represented 52 percent of full-time students and 62 percent of part-time students. Women accounted for 54 percent of full-time undergraduate students, 46 percent of master's and 35 percent of doctoral students. The proportion of women in 1993 was even higher among part-time students, 63 percent of undergraduates, 43 percent of master's and 42 percent of doctoral students. Women made up 54 percent of those studying full-time at the college level and 63 percent of those studying part-time. Despite the fact that women are now outnumbering men in both university and community colleges, only 15.8 percent of graduates in engineering or applied science in 1992-1993 were women.
104. Federal, provincial and territorial Status of Women ministers met with ministers of Education in February 1989 to discuss measures to improve access to education, and again in September 1991, when agreement was reached on strategies to encourage the greater participation of girls and women in mathematics, science and technology.
105. In 1991, a paper prepared for ministers of Education, Educating Girls and Women for the 21st Century: Its Significance to Canada's Economy, was endorsed by federal, provincial and territorial Status of Women ministers and Education ministers and released for public distribution.
106. At their 1992 annual meeting, ministers responsible for the Status of Women established a Working Group of Status of Women Officials on Gender Equity in Education and Training. Among other tasks, the Working Group was asked to examine socialization and self-esteem and the impact these factors have on the education and training of girls and women. A paper, Gender Socialization; New Ways, New World, was officially released at the June 1993 Conference of Ministers Responsible for the Status of Women. This paper has had wide national distribution, including non-governmental organizations, libraries, the educational sector and members of Parliament.
107. At the June 1993 Conference of Ministers Responsible for the Status of Women, it was agreed that the federal-provincial-territorial Working Group of Status of Women Officials on Gender Equity in Education and Training, with the possible collaboration of labour market colleagues, would undertake the formulation of generic principles for use in the elaboration of bridging and skill development programs for women. As a result, a study of women's training needs and practices was made available to the public in December 1994. Two reports entitled Rethinking Training: Meeting Women's Training Needs and Meeting Women's Training Needs: Case Studies were produced.
108. In 1991, Industry Canada produced a motivational and instructional video Rap-O-Matics: Catch the Beat of Science and Math, for students age 11 to 15, to encourage young people, particularly girls, to keep up their maths and science courses throughout high school.
109. In 1991, the Canadian Teachers Federation released a report, A Cappella, a study of more than 1,000 adolescent females which revealed that young women are facing significant barriers to their academic career and life aspirations because of their gender.
110. In 1992, the Economic Council of Canada released its report, A Lot to Learn: Education and Training in Canada. The report looks at women in positions of authority within the Canadian education system, among other areas.
111. In March 1993, the Report of the National Advisory Board on Science and Technology was released, Winning with Women in Trades, Technology, Science and Engineering.
112. The Canadian Committee on Women in Engineering was created with federal support, in February 1990, to examine the environment for and participation of women in engineering in Canada. Its report, More Than Just Numbers, was released in April 1992. It made 29 recommendations, ranging from changing attitudes of educators, employers and the engineering profession, to addressing gender equity issues through training programs. The implementation of these recommendations by both the private sector and the government is being monitored by Industry Canada.
113. The Canadian Teachers' Federation released a report in 1992, The Better Idea Book: A Resource Book on Gender, Culture, Science and Schools. The report revisits the economic imperative of encouraging girls to continue with studies in math and science.
(d) The same opportunities for scholarships and grants
114. In October 1990, His Excellency the Governor General of Canada announced that, effective in 1991, the Governor General's scholarships in Environmental Engineering, each valued at $1000, would be awarded to 25 Canada scholars entering their final undergraduate year in engineering. The terms for receiving the Scholarships provide that 50 percent of the first-year scholarships are awarded to women.
115. The Canada Scholarships Program of Industry Canada was launched in 1988 for five years and was then extended to 1995-96. It is designed to recognize and encourage outstanding students to pursue undergraduate and college studies in natural sciences, engineering, technology and related disciplines. The scholarships are divided equally between men and women.
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Article 11.1 : Measures to eliminate discrimination in the field of employment
116. In April 1993, the federal government proclaimed into force amendments to the unemployment insurance (UI) legislation. The amendments eliminate UI benefits for individuals who quit their jobs without just cause. "Just cause" is defined in the Act as having no reasonable alternative to quitting a job and includes sexual harassment or other forms of discrimination as circumstances that may constitute just cause.
117. In June 1994, a policy that extended the benefit of the doubt to a person applying for unemployment insurance who claims harassment as the reason for quitting a job was made law. This gives individuals greater assurance that they will be able to receive unemployment insurance if they are forced to leave their job due to sexual or other harassment.
118. To support the implementation of the law, Status of Women Canada worked with Unemployment Insurance officials of Human Resources Development Canada to design an awareness video training package on sexual harassment and racial discrimination for all UI employees.
119. The Women's Bureau at Human Resources Development Canada has prepared a compendium with various business and union leaders on what they are doing to combat sexual harassment. The publication From Awareness to Action, Strategies to Stop Sexual Harassment in the Workplace was released in February 1994.
Article 11.1(b): Same employment opportunities
120. The Department of Canadian Heritage has been active in funding several projects that deal with the barriers that exist for foreign-trained professionals in Canada, including immigrant women. Initiatives include a major analysis of national census data on the correlation between education obtained abroad and income and occupational attainment of immigrants in Canada, information sessions, survey research, advocacy and pilot projects that promote credential recognition for foreign-trained women.
Article 11.1(c): Free choice of profession
121. The Canadian government recognizes the importance of better understanding the needs of women-owned businesses, to help them start up, grow, become more profitable and contribute to long-term job creation. Several studies of women entrepreneurs and their businesses have been undertaken with federal government funding to assist in the development of programs and policies that respond to the needs of women who own and operate businesses. The federal government is a sponsor of the Canadian Woman Entrepreneur of the Year Awards, which were presented for the first time in November 1992.
122. Women now represent about 25 percent of business owners in Canada. In recent years, women have been starting their own businesses at three times the rate of men and succeeding more often, at a time when small business is credited with creating most of the new jobs in Canada in the past decade. The Federal Business Development Bank (FBDB), a Crown corporation, published in 1992 a resource guide on women-owned businesses in Canada (1975-1991) entitled Women in Business: A Collective Profile. In this guide, the FBDB has gathered together research from a range of national, regional and provincial surveys on women entrepreneurs and has organized the information by theme for easy reference. In 1992, the FBDB launched its Step-Up program which was designed to provide specific training and support for women business owners to further develop or expand their business.
123. Those Canadians most in need of training and work experience are the focus of the Employment Program and Service Framework, created in July 1991 to refocus the Canadian Jobs Strategy. The structure of services was changed to emphasize different "clients" such as workers, employers and communities; components of each of these areas assist Aboriginal, disabled and visible minority women.
124. One of the major initiatives under the Employment Program and Service Framework is the Self-Sufficiency Project, a $50-million research initiative to facilitate long-term economic self-sufficiency through employment for lone parents on social assistance, the majority of whom are women.
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Article 11.1(d): Equal pay for work of equal value
125. The Canadian Human Rights Commission continues to promote respect for the equal pay provisions of the Canadian Human Rights Act and to investigate complaints made under these provisions. The Commission reports that up to 1994, it has resolved about 110 complaints. Total compensation payments in the range of 100 million dollars have been made to the complainants by their employers or former employers as a result of these complaints. At the end of 1994, 45 complaints were under investigation or before tribunals. While acknowledging that the complaint procedure has had some commendable results in individual cases, the Commission considers that it is slow, laborious, confrontational and limited in its overall effectiveness. The Commission has expressed the view that the Canadian Human Rights Act should be amended to require the employers take the initiative in eliminating sex-based inequities from their compensation systems. The Government of Canada is examining the recommendations of the Commission, taking into account the progress that has been made in implementing pay equity at the federal level.
126. The Labour Program of Human Resources Development Canada (formerly Labour Canada) continues its proactive program to ensure pay equity in the federally-regulated establishments. As at the end of 1994, officials of the Department had visited some 1250 employers under federal jurisdiction, which employ a significant number of the total number of employees covered by the federal equal pay legislation, to offer advice and counselling and to monitor progress toward implementation. While the legislation does not require employers to report the amounts of pay equity adjustments, some 47 employers voluntarily reported 38.9 million dollars in adjustment payments as at April 1995. All cases referred to the Canadian Human Rights Commission for investigation were resolved.
127. In 1991, the Department launched a major review of pay equity compliance within federally-regulated employers. The review was based on a 10 percent sample of the employers being monitored by the Department. Eighty-eight percent of the employers surveyed reported that the implementation process was complete or at various stages of completion. The results of this review have been described in the 1993 report to the International Labour Organization on the Equal Remuneration Convention. In 1994, the Department introduced a pay equity audit process to verify the actions of employers who report having completed their implementation and to work with those employers to resolve any identified gender-based pay inequities.
128. With respect to the public service, the Treasury Board continues to implement equal pay for work of equal value between women and men. Over the years, substantial progress has been made with significant amounts of money spent on pay equity adjustments. Moreover, a major settlement has been reached recently with the Professional Institute of the Public Service of Canada. The terms of this settlement will be implemented after being approved by the Human Rights Tribunal. However, the complaints filed by the Public Service Alliance of Canada are still pending before the Human Rights Tribunal and a decision is not expected until the end of 1996. A number of individual and collective equal pay complaints are currently before the Canadian Human Rights Commission and the Treasury Board is co-operating in their investigation.
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Article 11.1(e): Pension and social security benefits
129. Income tax amendments related to retirement savings were implemented in 1991. The changes include provisions to facilitate pension sharing and amendment of the definition of spouse which, among other things, now permits the provision of survivor benefits to a common-law spouse.
130. The Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act received Royal Assent in September 1992. Some of the changes for public service employees which particularly affect women include an increase in the basic supplementary death benefit (effective October 1992), survivor benefits payments to a spouse who marries a plan member after the member's retirement from the public service (effective February 1994), pension coverage for part-time employees (effective November 1993), and the division of pension benefits in the event of termination of marriage or common law relationships (effective September 1994).
Article 11.1(f): Occupational health and safety
131. In 1991, the Women's Bureau at Human Resources Development Canada published Occupational Safety and Health Concerns of Canadian Women: A Background Paper. This paper examines the possible health and safety issues associated with those occupations with a large number of women, so-called "traditional" female jobs, and also examines selected health and safety concerns associated with non-traditional, blue-collar jobs.
132. Health Canada sponsored a national Research Roundtable on Gender and Workplace Health in 1992, at which concepts and strategies for improving the health and safety of women at work were discussed. The agenda addressed a wide range of topics, including work hazards, the effect of cultural attitudes on work, substance abuse and HIV/AIDS as occupational health threats to women workers, the interaction of women's multiple roles on women's health, and the effects of workplace stress and the special needs of vulnerable groups of working women. Roundtable proceedings were published.
133. The Report of the Royal Commission on New Reproductive Technologies, Proceed with Care (described in Article 12.1), includes recommendations pertaining to occupational safety and health.
Article 11.2(c): Child care
134. In 1994, the federal government contributed approximately $680 million annually to the cost of child care services for parents, through a mix of cost sharing, transfers and tax measures.
135. Canada's third report (Article 11.2) describes changes to Canada's system of maternity and parental leave and benefits. The Canada Labour Code now provides employees under federal jurisdiction with similar flexibility as the Unemployment Insurance Act in the timing of parental leave.
136. The report Balancing Work and Family Responsibilities: Current Canadian Practices was prepared by the Women in Employment Committee of the federal, provincial and territorial departments responsible for Labour, and was released in February 1995. The report is an important source of information about innovative employer practices.
Article 11.2(d): Measures during pregnancy
137. As a result of the adoption of an Act to amend the Canada Labour Code and the Public Service Staff Relations Act, which received Royal Assent on June 23, 1993, the Canada Labour Code now requires that employers under federal jurisdiction make reasonable attempts to modify a job or arrange reassignment for pregnant employees when their health needs so require. If other suitable work arrangements are not possible, the employee may be entitled to claim regular unemployment insurance benefits rather than being required to use up limited maternity-related benefits.
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Article 12.1: Access to health care services
138. In August 1993, the federal Minister of Health announced the creation of a Women's Health Bureau within Health Canada. The role of the Bureau is to ensure that women's health concerns receive the necessary attention and emphasis in Health Canada, to promote an understanding of gender as a critical variable in health, and to analyze and assess the impact of policies, programs and practices in the health system on women and women's health.
139. Health Canada has developed a second five-year plan of action which sets out women's health policies and program direction through 1990-1995. The Women's Health Bureau will co-ordinate the development of a national health strategy to address various aspects of women's health, including the establishment of Centres of Excellence for Women's Health.
140. After wide consultations, the Report of the Royal Commission on New Reproductive Technologies, entitled Proceed with Care, was completed and released in November 1993. The major recommendations of the Royal Commission were: to create a national reproductive technologies commission to licence, regulate, and monitor technologies; to prohibit certain technologies; and to advance strategies for the prevention of infertility. The Commission recommended the criminal prohibition of certain practices including the sale of human eggs, sperm, embryos, fetuses, and fetal tissues and the advertising of and payment for contract motherhood. It recommended the banning of sex selection clinics. The Government of Canada is developing a response to the Royal Commission's Report.
141. In 1992, the Government of Canada provided $25 million over five years to inter alia establish the Breast Cancer Research Initiative and Challenge Fund, and to develop five regional breast cancer information exchange pilot projects. A National Forum was held in 1993 which brought together health professionals, educators and breast cancer survivors. An advisory board selected from these groups was created to choose the pilot projects and sit on the management committee which will give broad direction on the allocation of research funds.
142. The federal Family Violence Initiative (1991-95) funds many activities with a significant women's health component. A discussion paper, The Health Care Sector's Response to Woman Abuse, was published through this Initiative in 1993 to examine the health sector's treatment of women who have been abused in intimate relationships. The study acknowledges that violence against women is a newly emerging concern in the health care sector. It also stressed that integration of government and community responses is necessary to develop a range of primary prevention activities and compassionate treatment programs.
143. As part of Canada's Drug Strategy, in October 1993 Health Canada sponsored a Roundtable on Women and Substance Use, Misuse and Abuse, and in February 1994 a National Workshop for Action on Women and Substance Abuse. The meetings brought together experts from across Canada to identify key issues for women of all ages, and strategies for action. The conference proceedings will be published in 1995.
144. An initiative on women and smoking was announced by the government in July 1993. As one of several initiatives aimed at reducing tobacco use by Canadians, it includes efforts to ensure that eliminating women's use of tobacco becomes a higher priority for the federal government. The Women and Tobacco Working Group was established in 1993 as a sub-group of the federal government's Tobacco Demand Reduction Strategy Steering Committee. An information network on women and tobacco plans to co-ordinate activities and policy development as well as create links with international efforts. Research documents include: A Situational Analysis of Adolescent Women's Substance Use and Pre and Postnatal Smoking: A Review of the Literature.
145. In July 1993, the Federal-Provincial-Territorial Working Group on Women's Health released a report entitled Working Together for Women's Mental Health, which is meant to provide a framework for the development of policies and programs for women. This Report is a companion piece to their 1990 document Working Together for Women's Health (see Third Report, paragraph 221).
146. The Department of Canadian Heritage and Status of Women Canada work at addressing issues of health care, social services, and mental health as these affect immigrant women, women of ethnocultural communities, and visible minority women, and especially those women who speak neither official language. These issues include the accessibility of services, and whether or not these women's needs are being addressed in a culturally and linguistically appropriate manner by the agencies and professionals they turn to for assistance.
Article 12.2: Appropriate services in connection with pregnancy, confinement and the post-natal period
147. The Brighter Futures Initiative, introduced by the government in 1992, includes the Child Development Initiative, a series of long-term programs designed to address conditions of risk during the earliest years of a child's life. It is implemented to reduce conditions of risk in which many children, particularly young children, find themselves, through measures aimed at prevention, promotion, protection and partnership through community action.
148. The new Canada Prenatal Nutrition Program is another important step in supporting women's health. The Program, announced in the February 1994 Budget, is targeted to low income pregnant women and will set up or expand already existing prenatal programs across Canada.
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Article 13: Economic and social life
149. Women in Canada, as in other countries, carry out a disproportionate burden of unpaid work. To this end, the first Canadian-organized International Conference on the Measurement and Valuation of Unpaid Work was held in Ottawa in April 1993. Sponsored by Statistics Canada and Status of Women Canada, the conference brought together statisticians from around the world and representatives of Canadian women's groups to discuss the valuation, recognition and measurement of unpaid work such as household management, volunteer work and care-giving. Canada is testing the viability of including questions on unpaid work in the 1996 Census.
150. Statistics Canada has for many years generated, in association with its System of National Accounts, estimates of the value of non-market activities performed in the home. Estimates on the value of household work, The Value of Household Work in Canada (Third and Fourth Reports), were published in 1992 and 1994. Statistics Canada also carries out General Social Surveys which provide the richest source of data on unpaid work. The latest publication based on findings was published in 1993.
151. Issues of economic equality have not been the subject matter of neo-classical economics; however, feminist economics is gaining grounds within the Canadian academia. In November 1993, Status of Women Canada co-sponsored an Economic Equality Workshop with the British Columbia Ministry of Women's Equality and other provincial and territorial women's directorates. The workshop, held in Ottawa, brought together academics, researchers, and policy makers to advance the collective knowledge of economic equality issues and their impact on women. Proceedings and papers are available from Status of Women Canada.
Article 13(a): The right to family benefits
152. The February 1992 budget included a new Child Tax Benefit which replaced the family allowance, the child tax credit and the refundable child tax credit with an enriched tax-free monthly payment targeted towards low-and middle-income families. Since January 1993, the federal Child Tax Benefit provides monthly assistance on behalf of children under 18 in families with low to middle incomes. Children's special allowances are allocated to child welfare agencies, government departments and to foster parents on behalf of children under age 18 who are in their care.
Article 13(b): The right to bank loans, mortgages and other forms of financial credit
153. The February 1994 Budget announced measures which will assist small business owners. Since women represent 30 percent of entrepreneurs in Canada, initiatives to help small businesses will benefit women. One of the biggest hindrances to women in small businesses has been access to financing. The Government stated that it would be vigilant in ensuring that women's concerns are heard at the joint Industry-Finance task force that has been set up to develop a code of conduct for small business lending.
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Article 13(c): The right to participate in recreational activities, sports and all aspects of cultural life
154. In 1991, Sport Canada published a second edition of Women, Sport and Physical Activity: Research and Bibliography, which provides a feminist critique of research on women in sport and physical activity, and serves as a guide to issues affecting women's participation in the field. A further edition, focusing on selected research themes, has since been developed for publication in 1994.
155. In response to recommendations of the Minister's Task Force on Federal Sport Policy, the Government of Canada, in 1993, announced its continuing commitment to encourage the involvement of girls and women as participants and leaders in sport. It also undertook to pursue activities to correct the current gender imbalance across all aspects of sport.
156. Through the Women's Program of Sport Canada, support is provided to organizations and projects which aim to increase opportunities for women in sport. For example, funds are provided annually to the Canadian Association for the Advancement of Women in Sport and Physical Activity (CAAWS) for its advocacy and educational work related to gender equity issues. In 1993, collaborative work resulted in the production of Towards Gender Equity for Women in Sport: A Handbook for National Sport Organizations, as well as an issue paper entitled Self Esteem, Sport and Physical Activity. The latter recommends strategies for organizations, coaches, teachers, parents and other leaders, to improve self-esteem in adolescent women. Sport Canada and CAAWS have also been working in partnership with other organizations to develop a sexual harassment policy for the national sport community.
157. Support is also provided to a range of leadership and career development initiatives for women in coaching, including a special Commonwealth Games apprenticeship program for 1993-94, which has served as a developmental opportunity for women to participate in high performance coaching and culminated with the 1994 Canada-hosted Commonwealth Games. As part of its commitment to gender equity, the Commonwealth Games Association of Canada approved a set of wide ranging objectives in 1993 to expand competitive and leadership opportunities for women as well as advocate on behalf of gender equity issues at an international level.
(ii) Cultural life
158. In 1990, the National Film Board (NFB) developed New Initiatives in Film to provide filmmaking opportunities for women of colour and women of the First Nations. In 1991, the NFB established Studio One, which has a mandate to provide Native people the opportunity to produce and direct films.
159. The NFB's women studios, Studio D and Regards de femmes, produced several films for, by and about women on issues such as reproductive technologies, disabled women, the history of Native women, violence against women, women artists, and women entrepreneurs.
160. The NFB also co-ordinates the Federal Women's Film Program which focused its efforts and energies on creating films examining the following themes: women and work, the challenges faced by rural and farm women and the situation of elderly women. Sixteen films in each official language were produced.
161. In 1992, October was designated by the federal government as Women's History Month as a way of publicly recognizing the significant, but often overlooked, contributions of women to Canadian society. The events and activities organized by various women and community groups, schools and businesses drew widespread media attention and fostered an appreciation of the past and present contributions of women in Canada.
162. To redress the lack of adequate recognition of women's contribution to Canadian History, the National Historic Sites Directorate of Parks Canada has begun to consult with Canadian women as to how to improve the representation of their histories in Parks Canada's system of national historic sites. In 1992 and 1994, two national workshops on the History of Women in Canada were convened to aid in this process. National Historic Sites is now developing proposals to guide Parks Canada in addressing this initiative over the next 10 years and more.
163. In 1993, the Department of Canadian Heritage partnered with Canadian Women in Radio and Television to launch the Jeanne Sauvé Awards for Women in Communications. The Awards were established by the Department in recognition of the entry, development and advancement of women in the electronic media and allied fields, including cable, telecommunications and film. The Awards also contribute to the industry's efforts to promote employment equity for women.
164. In recent years, Canada Post has issued, for International Women's Day, stamps commemorating Canadian women of distinction. In 1994, Canada's first woman Governor General was commemorated on a stamp. In 1993, a set of four stamps were issued to mark the centennials of the establishment of the National Council of Women of Canada (NCWC) and the founding of the National Office of the YWCA. This set also coincided with the 50th anniversary of the first federally appointed woman judge of Canada.
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Article 14.1: Economic equity for rural women
165. The federal, provincial and territorial ministers of Agriculture, at their July 1994 annual meeting, addressed farm women's issues for the first time in this primary policy making forum. Ministers agreed to a number of specific measures which will provide added focus to government activities in support of the advancement of farm women, including a review of federal and provincial programs from an equity perspective. The Record of Decisions released at the meeting includes four statements recognizing the importance of farm women to the agricultural sector.
166. The 1991 Census of Agriculture was the first in history to gather information on up to three operators per farm in Canada. This change provided a more comprehensive profile of the women involved in Canadian agriculture. The data available range from age, marital status and education, to occupation and income information, as well as farm characteristics. As a result, the 1991 Census indicated that an additional 89,705 women were "multiple operators", in combination with one or more other persons, most often men. Together, individual and multiple women operators accounted for one-quarter of all farm operators.
167. The Farm Women's Bureau of the Department of Agriculture and Agri-Food is also sponsoring the development of a statistical profile of farm women's economic equality within farm business enterprises. The intention is to determine the impact of farm women's employment status, as partners or joint shareholders, paid employee of spouse or unpaid family labour, on their economic security. The profile will also seek to determine what direct economic returns (wages, profits, asset accumulation), if any, farm women receive in their own right, rather than under the rubric of "farm family income".
Article 14.2: Rural development
168. In 1993, Human Resources Development Canada put into place an Industrial Adjustment Services committee to address the training needs of farm women. The committee undertook a number of different research activities, including a national consultation, and is now considering various means of implementing the findings of its report.
169. A number of the projects sponsored under the federal government's Family Violence Initiative (1991-1995) address the particular needs of vulnerable groups, including women from rural and remote communities. For example, through the Initiative, the Canadian Farm Women's Network was sponsored to produce a video and study guide designed to engage audiences in a dialogue on rural wife abuse. Also with assistance from the Initiative, the YWCA of Canada, as part of its major three-year project to promote public awareness of violence against women, developed the resource - There's No Excuse for Abuse: Rural and Remote Kit, which is intended to help women in abusive relationships understand their situations and to work through choices, as well as enhance general understanding of the issue.
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Article 15.1: Equality with men before the law
170. In 1990, the federal, provincial and territorial ministers of Justice/Attorneys General established a Working Group on Gender Equality in the Canadian Justice System. To facilitate the research of the working group, a National Symposium on Women, Law and the Administration of Justice was sponsored by the federal Department of Justice in June 1991. The Department's response to the Symposium's recommendations, released in September 1993, included a Departmental Action Plan on Gender Equality designed to promote gender equality in the Canadian justice system.
171. The Federal-Provincial-Territorial Working Group on Gender Equality in the Canadian Justice System released its report in July 1993. The report includes a series of proposals for action by federal and provincial Attorneys General to eliminate gender discrimination in the justice system, including changes to appointment and discipline procedures for judges, and increased provision of civil legal aid services to women.
172. Additional work on the issue of gender equality in the legal system was sponsored by the Canadian Bar Association in its report entitled Touchstones for Change. The report, published in August 1993, makes various recommendations to assist women working in the legal profession and to ensure that judges treat all women in a fair and impartial manner. In response to the report, the Department of Justice established a task force on gender equality in the legal profession.
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Article 16: Women and the family
173. The Third Report of Canada describes the Family Violence Initiative launched in 1988. In February 1991, the federal government announced the extension of its Family Violence Initiative and allocated $136 million over four years to seven federal government departments. The Initiative, which addresses violence against women, child abuse and abuse of seniors, has focused on the following program objectives:
174. Throughout the Family Violence Initiative, special consideration is to be given to disabled, immigrant, visible minority, rural, Aboriginal and senior women. Across the Family Violence Initiative, approximately 2,000 projects have been funded to date, many in partnership with provincial governments or non-governmental organizations, to improve safety, treatment and follow-up for abused women.
175. Major components of the federal Family Violence Initiative included:
176. In June 1994, the federal, provincial and territorial Ministers responsible for the Status of Women endorsed the Regina Declaration on the Rights of Women Subjected to Violence. The Declaration calls for a recognition that women subjected to violence have the right to equal protection and equal benefit under the law. This includes the right to life, liberty and the security of person. It also affirms women's rights to have just, timely and effective remedies for the harm they have suffered.
177. The Royal Commission on Aboriginal Peoples is mandated to examine, among others, the issue of family violence. It will release its report in 1995.
178. The National Film Board's Federal Women's Film Program will be making a series of films in French and English (1994-1997) targeted to adolescents, families and schools, that examines the phenomenon of violence. The films will present positive ways of "fighting" societal violence, from a woman's perspective. Themes currently under consideration are psychological violence, drugs at school, the influence of the media, and an uncertain future. The National Film Board also operates a video loan service; many films on family violence are available across the country.
179. The National Film Board, in co-operation with a number of federal departments, also produced a documentary entitled For Generations to Come.
180. The Canada Committee for the International Year of the Family, composed of business, labour and government representatives, has planned and co-ordinated activities and events to celebrate, in 1994, the United Nations International Year of the Family across Canada. Also in 1994, the Conference Board of Canada organized three national conferences on various aspects of work and family. The Conference Board of Canada also released The Work and Family Challenge: Issues and Options. A number of reports have also been released including: Statistics Canada's Basic Facts on Families in Canada, Past and Present and A Portrait of Families in Canada, and the Canadian Advisory Council on the Status of Women's 110 Canadian Statistics on Work and Family.
181. The study The State of the Family in Canada, released in December 1994, was undertaken by the Committee for the International Year of the Family, 1994. The document consists of a public research study on Canadians' attitudes and opinions about issues facing families in Canada today.
182. Statistics Canada issued Dimensions of Job-Family Tension in January 1995. It documents the characteristics of persons who are involved in family care that goes beyond the care of their own children.
183. On March 25, 1993, An Act to amend the Divorce Act and the Family Orders and Agreements Enforcement Assistance Act received Royal Assent. This Act is intended to simplify the procedures for obtaining child custody or a support order, or a variation of an existing order, for spouses who live in different provinces. The Act is also designed to improve access to data that may assist in the location of individuals who are alleged to have abducted a child.
184. The Income Tax Act requires the recipient of child support payments to include the support as income for tax purposes, and entitles the payer of support to deduct the amount of support payments from taxable income. In May 1994, the Federal Court of Appeal ruled that the requirement that the recipient parent pay income tax on child support payment is unconstitutional under the Canadian Charter of Human Rights and Freedoms. On May 18, 1994, the Canadian government announced that it would appeal this decision to the Supreme Court of Canada. It also established a task group of three government members of Parliament to consult with Canadians and advise the government concerning the appropriate tax treatment of child support.
185. The Family Law Committee, a standing committee of federal, provincial and territorial officials, has been examining issues relating to child support since 1990. The Committee's report and recommendations were released in January 1995. The Report recommends the adoption of a formula to determine appropriate levels of child support, discusses options for the taxation of child support and outlines the direction for future measures to improve the enforcement of support payments.
186. A joint Federal-Provincial-Territorial Working Group of Human Resources Development Canada and Status of Women Canada officials drafted a paper, Women and Men in the Workplace, a discussion of workplace supports for workers with family responsibilities. The paper, publicly released in June 1993, is a concise discussion of the options available to ease the integration of work and family responsibilities. Live-in caregivers play an important role in the provision of child care. They also provide care for seniors or disabled persons in their homes.
187. Human Resources Development Canada initiatives on work and family responsibilities have included: publication of resource materials, co-sponsorship with Statistics Canada of a Symposium on Work and Family Arrangements (September 1993), a contribution program entitled Workplace Equity Fund, and a series of four regional seminars with senior representatives from labour and management. These representatives examined the development of strategies to meet the needs of employees with family responsibilities.
188. In December 1993, Statistics Canada published a report entitled Dual Earners: Who's Responsible for Housework? This report concludes that, although housework is usually shared more equitably as women's education level and earning power grow, women perform the majority of housework especially as the number of children increases, regardless of their working status.
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