Nova Scotia

Article 2

215. The Nova Scotia Human Rights Act, R.S.N.S. 1989, c. 214, is the principal anti-discrimination law providing recourse for women who allege sex-based discrimination. The Human Rights Act underwent major revisions in 1991 which had the effect of providing additional protection to children and their families. Family status, defined as "being in a parent-child relationship" was added as a new characteristic under which discrimination was prohibited and the protection from discrimination on the basis of marital status was expanded to apply to all facets of public life. Pregnancy-based complaints are considered to be complaints of discrimination based on sex. The Act also prohibits sexual harassment and discrimination based upon an irrational fear of contracting an illness.

216. In 1993, 40 percent of complaints lodged under the Act were complaints of sex discrimination (which includes gender, sexual harassment and pregnancy-based complaints). This was an increase from 1985 (23 percent) and 1990 (35.5 percent). In addition, the majority of complaints lodged on the basis on marital status and family status were lodged by women.

217. Most complaints continue to be resolved through a conciliation process with settlements ranging from financial compensation, restoration of the job for which the person was terminated, redesigned hiring policies and practices to the development and delivery of anti-harassment policies and human rights awareness sessions.

218. Since 1990, 12 of the 30 complaints referred to a board of inquiry were complaints of sex discrimination.

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Article 3

219. The Nova Scotia Advisory Council on the Status of Women was established in l977 to monitor women's issues and to serve as a direct link between the minister responsible for the status of women and Nova Scotia women. The Advisory Council on the Status of Women, in partnership with the Dalhousie School of Public Administration and the New Brunswick Advisory Council on the Status of Women, has developed a Women and the Economy Project. The goals of the project are to improve the economic situation of women, to increase participation of women in economic initiatives and decision and policy making at the local level, and to create a knowledge base for women to bring their experiences and perspectives to economic activities.

220. The Advisory Council on the Status of Women has four field workers available across the province to work with individual women and women's groups in an endeavour to improve the status of women both in urban and rural areas of the province.

221. The Nova Scotia Women's Directorate was established in 1989 to act as a resource to government on women's issues to ensure that they are taken into account in policy and program formulation.

222. The Nova Scotia Interdepartmental Committee on Women's Issues (CWI) was established in 1976 and is now an integral component of the Women's Directorate. The Committee's work is focused on improving the condition of women in the civil service. The Committee also provides advice to government on matters including, sexual harassment, workplace safety, affirmative action, pay equity, and bridging programs. Representatives from government departments are appointed to the CWI by their deputy minister.

223. The Pay Equity Act, R.S.N.S. 1989, c. 337, became law in 1988. All groups covered by the Act, except municipalities, have completed the pay equity process. Although civil service wage restraints are in place, the pay equity process has continued to be implemented as planned.

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Article 4

224. The provincial government and the Nova Scotia Government Employees Union are working to improve affirmative action in the civil service. Building on a program which has been in place since 1978, the new policy focuses on the identification and removal of barriers to hiring and advancement and on organizational change. The workforce analysis survey, undertaken in 1993, will provide a baseline measure of the number of employees from targeted groups currently in the civil service. Departments and government agencies will use this data in formulating goals, timetables and action plans.

225. A policy was adopted in April 1993 to promote the hiring of affirmative action candidates in casual positions to permit them to gain experience and enhance their opportunities for permanent employment.

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226. The Guidelines for Contemporary Communications were released in 1992 by the government. They complement the government's policy that requires the fair portrayal of women and other equity groups in all of its written, oral and visual communications.

227. The government has, with the assistance of its departments, produced information brochures and documents such as Take Affirmative Action, Dating Violence, What is Racial Harassment, and What is Sexual Harassment.

228. The Race Relations Division of the Human Rights Commission is responsible for fostering good relations between races and cultures, and for developing policies and programs to promote racial harmony and eliminate barriers to full participation in society.

229. The Department of Education established an office for race relations and cross-cultural understanding in 1992 with consultants for multiculturalism, race relations, and Mi'kmaq education.

230. The provincial government's Race Relations and Employment Equity Task Force is training all civil servants.

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Article 6

231. The Working Group on Youth Exploited for the Sex Trade, established in October 1992, released its report in January 1993. The Province acted immediately on one of its recommendations by establishing the Department of Community Services as the lead department with respect to implementation of the recommendations. The Minister of Community Services confirmed his commitment to addressing the problems related to juvenile prostitution, including preventive education programs for parents, students and teachers to deal with child sexual abuse.

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Article 7

232. Representation of women in political life has seen some positive changes in some areas while other areas have remained basically unchanged. In the provincial legislature, the proportion of women increased from 5.7 percent in 1990 to 9.6 percent in 1994. There are two women out of a total of 17 ministers compared to none in 1990. Representation of female deputy ministers is now at 15 percent with a total of three women out of a total of the 20. With school board officials becoming fully elected by the population, and not partially appointed by government, women now make up 51 percent of school board members compared to 37.8 percent in 1990. Representation on municipal council has basically remained unchanged at 15.6 percent in 1994 and 15.5 percent in 1991. In the judiciary, there were four federally-appointed women judges on a total of 34 in 1994 compared to three out of 32 in 1990 and six provincially-appointed judges on a total of 44 in 1994 compared to four out of 45 in 1990 (see also Table at end of Nova Scotia section).

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Article 10

233. The Nova Scotia Teachers' Union (NSTU) has developed a project that will build on the findings of the Canadian Teacher's Federation's report A Cappella. That report looked at how over 1000 teenage girls in Canada view themselves and the world they live in. The Women in Education Committee of the NSTU hopes to organize a conference in 1994 to encourage dialogue between female and male students, teachers, and administrators on issues such as the impact of schools on the development of self-esteem in women, how schools can bolster adolescent and women's self-esteem, confronting sexism and gender inequities and sample programs that enhance self-esteem.

234. Nova Scotia community colleges include pre-technology courses for women. There is a slight increase in the number of women entering apprenticeship programs in male-dominated fields. Seats in non-traditional areas of study such as electrical construction are being reserved for women. In 1985, there were 1274 men and 1643 women enrolled in full-time programs in Nova Scotia community colleges. Seventy-two percent of the men were enrolled in engineering, applied science, natural science and primary industries while only four percent of the women were enrolled in these courses. In 1991, 63 percent of the 1027 men and 12 percent of the 1571 women were enrolled in these courses. Women were largely enrolled in health sciences, humanities and social services.

235. In l992, the Women's Directorate produced and distributed Expanding Choices: Math and Science Programs for Girls and Women, a national inventory of science and math programs for girls and young women.

236. New public school courses have been developed in family studies and industrial arts technology and teachers are breaking down barriers to these programs which were traditionally viewed as appropriate for one gender only.

237. The Family Life/Family Studies program, taught in a co-educational setting, continues to be provided to students between the ages of 12-15. It has five components: Self, Feeling, Relationships, Career Planning and Human Growth and Development. It includes specific sections on stereotyping, prejudice and discrimination, sexual attitudes, exploitation, career and lifestyle exploration and family conflict.

238. A new course "Career and Life Management" is currently being piloted in schools. The course will be compulsory for all high school students between the ages of 16 and 18 in 1996.

239. The Discipline Handbook for Nova Scotia Schools was released by the Department of Education in December 1993. Written policies on discipline for school boards, schools and classrooms must be developed and implemented. Several school boards are using this handbook as a guide to assist in developing policies on sexual harassment and other forms of sexist and discriminatory behaviour.

240. The Department of Education is developing a handbook on programming for the gifted. Attention will focus on identifying minority and underrepresented groups within the gifted population and on meeting their needs.

241. The Maritime Provinces Education Foundation has completed a project in human rights for elementary teachers and classes. It includes an annotated bibliography, a teachers' manual, a video, and an in-service package for teachers.

242. The Department of Education has a fulltime Mi'kmaq education consultant to improve curriculum and related services.

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Article 11

243. In 1986, women comprised 42 percent of the provincial labour force, a percentage which increased to 45.4 percent in 1992. 244. The provincial government's sexual harassment policy and procedures came into effect in January 1994. The purpose of the policy is to create a working environment free of sexual harassment. An education program has been developed and by April 1994, 75 facilitators, 15 advisors and 12 investigators had received training, with 10,000 civil servants to follow by fall 1994.

245. Under the Nova Scotia Labour Standards Code, R.S.N.S. 1989, c. 246, women are entitled to 34 weeks of combined maternity and parental leave. New parental leave provisions also allow parents to take up to 17 weeks of unpaid leave of absence to care for their newborn or newly adopted child. If eligible, women may receive unemployment insurance benefits while on leave.

246. As of December 1989, female provincial civil servants who are eligible to receive maternity benefits under the federal Unemployment Insurance Act are now paid a supplementary allowance through the Supplementary Unemployment Benefits Plan while on maternity leave.

247. Since 1985, women have comprised over 40 percent of the graduating class of the law school in the province and comprise over 40 percent of all admittees to the Nova Scotia Bar. At present, women represent 23 percent of all practising insured members in Nova Scotia.

248. In 1980, there were 253 licensed day care centres in the province. In 1985, the number increased to 324 and in 1993 there were 374 licensed day care centres. The total budget for day care in 1992-93 was $11.8 million. There are presently 10,668 licensed day care spaces in Nova Scotia, with 2,142 of them subsidized.

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Article 12

249. The Maternal and Child Health Care Program is the primary prevention program of the Nova Scotia Department of Health and Fitness. This program includes prenatal education in the homes and in clinics, post-natal and infant home visiting and health assessment and supervision throughout the province of Nova Scotia. Parents of all newborn children receive a pamphlet on proper nutrition care for young babies.

250. A new prenatal health promotion program was announced by the Department of Health in April 1993. The program includes eight modules which examine different perspectives of child rearing. Opportunities exist for parents to explore issues of gender socialization.

251. The Task Force on Nursing was appointed in 1990 to develop strategies and recommend action in the areas of human resource planning, nursing education, professional work-life issues, and the innovative use of nurses in the health care system. Its report and recommendations were released in July 1993.

252. A collaborative baccalaureate nursing program between the provincial capital nursing schools will open in 1995. The move was made in recognition that health care reform will accelerate the need for registered nurses with more in-depth knowledge and clinical expertise in health promotion, disease prevention, and community-based care.

253. During the period 1983-1993, 12 women have been diagnosed with AIDS. Of these, 9 have died. From 1990 to 1993, the number of women who have been diagnosed as being HIV+ is 14.

254. The Nova Scotia Women and AIDS Project, sponsored by the Nova Scotia Persons with AIDS Coalition, undertook a twelve-month project to assess the needs of women who were concerned about the impact of HIV/AIDS on their lives and on those around them. The report was published in April 1994 and focused on identifying and documenting the needs of HIV positive women and women living with HIV/AIDS or who are caregivers of HIV+ persons and persons with AIDS. It identified the need for information and education about HIV/AIDS for women in Nova Scotia and also focused on identifying and bringing attention to the issues that face women infected and affected by HIV/AIDS and ensuring that all possible resources in the community are utilized to remove the existing barriers to prevention, diagnosis and treatment for women.

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Article 16

255. The Children and Family Services Act, 1990, c. 5, which came into force in September 1991, replaced the existing Children's Services Act. The new legislation provides clearer rules and states unambiguously that wherever possible family units are to remain together, assisted by a wide range of supports. It provides in several of its sections, a requirement that the best interest of the child be considered in decisions affecting children. Some of the following circumstances are listed in the Act as relevant to the best interest of the child: importance for the child's development of a positive relationship with a parent and a secure place as a member of a family; the importance of continuity in the child's care and the possible effect on the child of the disruption of that continuity; the bonding that exists between the child and the child's parent; the child's physical, mental and emotional level of development; the child's cultural, racial, religious and linguistic background; the child's views and wishes if they can be reasonably ascertained and the risk that the child may suffer harm through being removed from, kept away from, returned to or allowed to remain in the care of a parent.

256. The Children and Family Services Act, in situations where a child of Aboriginal origin is the subject of a proceeding with respect to protective intervention, allows for the Mi'kmaq Family and Children's Services of Nova Scotia, at any stage of the proceeding, to be substituted as a party for the agency that commenced the hearing. The Mi'kmaq Family and Children's Services has been established with full legislative authorities.

257. Through the Department of Community Services, many initiatives are in place to increase the independence of family benefits recipients. The Transition to Employment Program, an initiative to help job-ready parents on family benefits find jobs, opened an office in Halifax in July 1993. The office provides job search counselling and assistance such as resume writing and employment leads. A $l.9 million employment package announced in August 1993 will provide 300 jobs to job-ready social assistance recipients.

258. The Department of Community Services provides $200 a month to offset the additional costs to single parents while on vocational training. Course tuition in special circumstances, approved transportation costs, approved child care expenses, special needs or a job search allowance may be covered. Recipients in transition to full-time employment are entitled to have the gross wages earned during the first four weeks of employment exempted at 100 percent for family benefits purposes. The first four weeks of vocational training allowance earned are also exempted.

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259. The Family Benefits Act, R.S. 1989, c. 158, has as its purpose the provision of assistance to persons or families in need where the cause of the need has become or is likely to be of a prolonged nature. Approximately 51 percent of the recipients of this assistance are adults with disabilities which will prevent them from being employed for at least one year and less than 1 percent are senior citizens. Single parents make up 42 percent of the recipients, parents with disabilities make up 6 percent and 1 percent are foster parents. In the fall of 1992, there were 12,279 female single parents and 279 single male recipients of family benefits (approximately 26,000 children). All applicants except foster parents must qualify on the basis of need that is they must have insufficient income for their basic needs, based on figures set by the N.S. Department of Community Services. Family benefits is assistance of a last resort, that is, applicants must demonstrate that they are not eligible for any other form of support such as from a spouse, unemployment insurance, etc. Provincial family benefits cheques to single mothers increased by one percent in January 1994.

260. People who do not fall in one of the categories for family benefits can apply for municipal social assistance which assists people whose need is of a shorter term. The rates established for municipal assistance are lower than family benefits and vary from one municipality to the other.

261. The Family Maintenance Act, R.S.N.S. 1989, c. 160, provides for the payment of maintenance for dependent children and spouses where there is reasonable need for the assistance.

262. The Family Maintenance Income Support Program (1991) allows single parents on family benefits who receive irregular maintenance payments to assign the payments to the Province and receive the full amount of their benefits.

263. The Family Orders Information Release Act, R.S.N.S. 1989, c. 161, provides for the enforcement of court orders respecting children and support obligations by providing for the release of information which may assist in locating children, defaulting spouses or other persons.

264. The Maintenance Orders Enforcement Act, R.S.N.S. 1989, c. 268, provides for the reciprocal enforcement of maintenance where the respondent is not complying with an order of the court to provide maintenance for a child.

265. The Victims' Services Division of the Department of Justice was established in 1989 to provide services to victims of sexual assault, child abuse and domestic violence, with a particular focus on women. There are five Victims' Services offices across the province serving both urban and rural Nova Scotians. The "Victim Services Program Funding" provides funding to community based organizations to benefit victims of family violence, sexual assault, and child abuse. The program has been in place for three years, with 36 projects totalling over $1.2 million being funded. The Fund is financed through a surcharge of fines for prosecutions under the Criminal Code and other provincial statutes. The Victims' Rights and Services Act, S.N.S. 1989, c. 14, as amended S.N.S 1992, c. 36, now incorporates the Compensation for Victims of Crime Act, R.S.N.S. 1989, c. 83, which was repealed in 1989. Regulations made under this Act in 1994 provide for compensation for services such as counselling, loss of income, moving expenses and costs for maintenance of a child.

266. The Victim's Services Division also operates a Child Victim Support three year pilot program to prepare child victims of crime for the experience of appearing and testifying in court. The purpose is to allow children to learn about and understand the process of a trial and her or his role in the proceedings. Experts will be trained in communities across the province and will be available to child victims and their parents.

267. Amendments to the Limitations of Actions Act, R.S.N.S. 1989, c. 258, in September 1993, extend the time limit for victims of sexual abuse to start civil legal action.

268. The Women's Directorate, in collaboration with the Department of Education, distributed over 20,000 copies of a brochure on dating violence to schools, universities, and community colleges in Nova Scotia.

269. The Senior Crown Attorney for Sexual Assault Prosecutions was appointed in July 1992 to prosecute cases, advise and train Crown attorneys and police officers, to draft policies, and to compile and disseminate information to Crown attorneys, victims, and the public.

270. The Department of Justice established an interdepartmental committee in September 1993 to respond to the report of the federal-provincial-territorial working group on gender equality in the Canadian justice system. The committee published a summary of Nova Scotia's efforts in this area in February 19.

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271. Judicial education initiatives include courses on gender equality, racial and cultural diversity, sentencing disparity, issues of family violence, spousal assault, child abuse, and issues of credibility in sexual assault cases. The training initiatives for police include gender sensitivity, workshops for elder abuse, and investigating family violence incidents. Education sessions for public prosecutors include child abuse and techniques for effective communications with victims of abuse. Training for public prosecutors includes child abuse, dynamics of child abuse and effective communications with victims.

272. The Family Violence Prevention Initiative (FVPI) was established in January 1992 to ensure an effective and consistent government response to family violence by fostering greater co-operation among government departments and community agencies. Seven government departments and agencies are responsible for steering the FVPI: Community Services, Education, Housing, Justice, Planning and Priorities, and the Women's Directorate. Departmental committees on family violence formulate and implement annual workplans. Aboriginal, black, and immigrant interest groups are also involved in this initiative. The FVPI has also developed a series of information brochures on women abuse, child abuse, elder abuse, women living with disabilities and abuse, and men and abuse. It issues a newsletter which has a circulation of 25,000.

273. The Initiative has developed a protocol for a co-ordinated response to child physical or sexual abuse, spousal and elder abuse; developed training programs for workers in this field; and has produced a series of brochures to raise public awareness about prevention of family violence. A training strategy has been devised and is being implemented. Leadership training, basic orientation, specialized training for specific occupations, and training to facilitate positive collegial relations and teamwork across agencies and sectors are keystones of the strategy. In training sessions, the FVPI raises awareness by examining perceptions of roles and gender within the context of family violence. Some specific actions which have been taken are: 16 Nova Scotia communities have active interagency committees on family violence, each with representatives from children's services, transitions houses, health services, schools, police, probation, men's treatment groups, and seniors' groups; seven towns are mobilizing themselves for prevention campaigns without special funding from government; community leaders have received briefings encouraging and showing them how to take action against family violence in their community; community professionals (teachers, nurses, police officers, drug dependency workers, clergy, early childhood educators, correctional staff) have received basic training on family violence, with particular attention to the development of constructive attitudes and motivation to take an active role in prevention and remedial action.

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274. A kit is available for doctors who perform sexual assault examinations. It was released late February 1994. It includes forms, sample containers, a training video, information on sexual assault laws and adult protection services, relevant sections of the Children and Family Services Act, information on who to report suspected cases of abuse and neglect, and sample medical forms. Kits will be distributed to Nova Scotia's 50 hospitals.

275. The Purple Ribbon Campaign is sponsored by the Women's Action Coalition of Nova Scotia. By wearing a purple ribbon, Nova Scotians are recognizing the reality of violence against women and remembering those women who have died violently or are living with abuse.

276. There are nine transition houses in Nova Scotia and seven Women's Centres providing service to rural and urban communities in the province. These centres offer support, referral for counselling, and print resources on a wide variety of issues. The Department of Community Services also provides funding for five treatment programs for abusive men.

277. The Nova Scotia Department of Justice provides funding to the Public Legal Education Society of Nova Scotia. Many of its core programs (Legal Information Line, Lawyer Referral Service) and special projects (brochures, workshops, video on wife battering, gender sensitivity training) are designed to enhance women's access to the justice system.

278. A Spousal Homicide Study will determine the nature of services and support provided by justice, health and social welfare agencies to families at risk, identify risk factors associated with escalating spousal violence and recommend improvement in agency response and development of new programs and services for victims of abuse. The study is looking at 17 spousal homicide cases in Nova Scotia which occurred between 1986 and 1992.

279. In March 1991, a Tripartite Forum was set up with representatives from the federal and provincial governments and the Aboriginal community. Among the projects funded by the Forum is the Native Courtworker Program. The Community Legal Issues Facilitator's Project (November 1992) functions as a liaison between the justice system and the Aboriginal community. The Province will ensure the terms of reference for evaluating these projects include a look at the Province's efficacy in meeting the needs of Aboriginal women.

280. The Disabled Persons' Commission was created in 1989 to advise government on policies and programs for people with disabilities and to make all Nova Scotians aware of government programs serving persons with disabilities. In conjunction with the United Nations Decade for the Disabled (1983-1992), a task force was set up in July 1992 to study the economic integration of women with disabilities in Nova Scotia. The task force report, released in May 1993, included 27 recommendations on raising public awareness about women with disabilities, education and training, employment, income support, and day care. Members will continue to work on implementing the report's recommendations.

281. The Solicitor General's Special Committee on Provincially Incarcerated Women released its report in July 1992. It calls for the closure of the women's unit of the Halifax Correctional Centre in 1995.

282. Efforts are underway to implement a Unified Family Court. The objective is to eliminate many layers of courts and conflicting or concurrent jurisdiction, particularly over family matters. The philosophy of the Unified Family Court will be to provide a remedial and therapeutic model of adjudication, where procedures and processes are understandable, results are durable and where, as much as possible, uncertainty and inconvenience are eliminated. Plain language rules and procedures will be developed.

283. The Solemnization of Marriage Act, R.S.N.S. 1989, c. 436, now recognizes 19 as the marriageable age. A person under 19 but over the age of 16 may marry with parental consent. Marriages under the age of 16 shall not be solemnized without special application to a judge of the Family Court who must make a determination that it is expedient and in the interests of the parties to authorize solemnization of the marriage. The law applies equally to men and women.

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* Combined with Trial

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