Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

The Committee notes the Government’s first and second reports.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes that the Government has taken several steps to combat trafficking in persons including: the development of a comprehensive federal anti-trafficking strategy; a review of the Criminal Code to address the specific offence of trafficking; a new Royal Canadian Mounted Police task force to coordinate both domestic and internal investigations; and collaboration with international counterparts to enhance existing legislative tools to combat human trafficking across national borders and address the root causes of the problem in the countries of origin. The Committee requests the Government to provide information on the impact of the abovementioned measures in securing the prohibition and elimination of trafficking in children both for sexual and labour exploitation.

Article 3. Worst forms of child labour. Clause (a). 1. Slavery or practices similar to slavery such as debt bondage, serfdom and forced or compulsory labour. The Government indicates that the worst forms of child labour such as dept bondage, serfdom, and forced and compulsory labour are not known to exist in Canada. It also indicates that the Immigration and Refugee Protection Act, 2001, and the Criminal Code prohibit forced labour. Moreover, in its 2003 annual report under the follow-up to the Declaration, the Government indicated that there are no definitions of forced or compulsory labour in national legislation or judicial decisions, but that all forms of forced or compulsory labour are prohibited, and such practices, if they were to occur, could be subject to prosecution under the Criminal Code.

2. Sale and trafficking of children. The Committee notes that under the terms of section 212(1)(g) of the Criminal Code, it is an offence to procure a person to enter or leave Canada, for the purpose of prostitution. The Committee also notes that according to section 118(1) of the Immigration and Refugee Protection Act, 2001, "no person shall knowingly organize the coming into Canada of one or more persons by means of abduction, fraud, deception or use or threat of force or coercion". Section 118(2) defines the word "organize", with respect to persons, as "their recruitment or transportation and after their entry into Canada, the receipt or harbouring of those people". Moreover, section 121(1) of the Act lays down that the court, in determining the penalty to be imposed for contravening section 118, shall take into account whether: (i) the commission of the offence was for profit, whether or not any profit was realized (paragraph (c)); and (ii) a person was subjected to humiliating or degrading treatment, including with respect to work or health conditions or sexual exploitation as a result of the commission of the offence (paragraph (d)).

3. Compulsory recruitment of children for use in armed conflict. The Committee notes the Government’s statement that there is no forced recruitment of children for military service and that the Canadian Forces are not permitted to deploy persons under 18 to a "theatre of hostilities". It also notes that pursuant to section 20(3) of the National Defence Act, a person under the age of 18 years shall not be enrolled without the consent of one of the parents or the guardian of that person.

Clause (b) 1. Use, procuring or offering of a child for prostitution. The Committee notes that according to section 212(1)(d) of the Criminal Code, it is an offence to procure or attempt to procure a person to become a prostitute, whether in or out of Canada. It also notes that section 212(2) of the Code provides for an offence for every person who lives wholly or in part on the avails of prostitution of a person less than 18 years. Moreover, under the terms of section 212(2.1) of the Criminal Code, it is an offence if a person who lives wholly or in part on the avails of prostitution of another person under the age of 18 years, and for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally (paragraph (a)); and uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age (paragraph (b)). Section 212(4) of the Criminal Code provides for an offence for every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of 18 years. Finally, according to section 7(4.1) of the Criminal Code, Canadian citizens or permanent residents who sexually abuse children and/or use child prostitutes whilst travelling, can be prosecuted for a number of sexual offences under the Criminal Code.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes that under section 163.1 of the Criminal Code, "child pornography" means a photographic, film, video or other visual representation, whether or not it was made by electronic or mechanical means, that shows a person who is or is depicted as being under the age of 18 years and is engaged in or is depicted as engaged in explicit sexual activity (subsection (1)(a)(i)); or any written material or visual representation that advocates or counsels sexual activity with a person under the age of 18 years (subsection (1)(b)). Subsection (2) of section 163.1 makes it an offence for any person to make, print, publish or possess for the purpose of publication any child pornography. Moreover, subsection (3) of section 163.1 makes it an offence for any person to transmit, make available, distribute, sell, import, export or possess for the purpose of transmission, making available, distribution, sale or exportation any child pornography.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that by virtue of section 10(2)(c) of the Controlled Drug and Substances Act, 1996, as amended, the use of the services of a person under the age of 18 years to commit, or the involvement of such a person in the commission of, a designated substance offence, is considered to constitute a relevant aggravating factor during the sentencing of a person convicted of a designed substance offence. According to section 2 of the Controlled Drug and Substances Act, a "designated substance offence" means an offence under Part I which includes the trafficking in substances (section 5), the importing and exporting of substances (section 6), and the production of substances (section 7).

Article 3(d) and Article 4, paragraphs 1 and 3. Determination and periodical examination of the types of hazardous work. 1. Federal legislation. According to section 10(1)(b) of the Canadian Labour Standards Regulations, an employer may employ a person under the age of 17 years in any office or plant, in any transportation, communication, maintenance or repair service, or in any construction work or other employment in a federal work, undertaking or business if the work in which he is to be employed: (i) is not carried on underground in a mine; (ii) would not cause him to be employed in or enter a place that he is prohibited from entering under the Explosives Regulations; (iii) is not working as a nuclear energy worker as defined in the Nuclear Safety and Control Act; and (v) is not likely to be injurious to his health or to endanger his safety. By virtue of subsection (2) of section 10 of the Regulations, an employer may not cause or permit an employee under the age of 17 years to work between 11 p.m. on one day and 6 a.m. on the following day. The Committee also notes that section 273(3) of the Canada Shipping (R.S. 1985, C.S-9) Act prohibits the employment of a person less than 18 years of age as a trimmer or stoker in any vessel.

The Committee observes that the provisions mentioned above establish the age of admission to certain types of hazardous work (section 10(1)(b)(i), (ii) and (iii) of the Canadian Labour Standards Regulations) and to hazardous work in general (section 10(1)(b)(v) of the Canadian Labour Standards Regulations) at 17 years of age. It reminds the Government that according to Article 3(d) of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children under 18 years of age is considered as one of the worst forms of child labour, and that under the terms of Article 1 of the Convention, a Government which ratifies the Convention shall take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that work that is likely to harm the health, safety morals or morals of persons under 18 years of age is prohibited.

2. Provincial legislation. Alberta. Under section 12(1)(c)(i) of the Explosives Safety Regulations, a worker who handles, prepares or fires an explosive must hold a valid permit (to obtain a permit an individual must be at least 18 years old - section 12(1)(c)(i)). Section 53(1) of the Employment Standards Regulation prohibits the employment of any young person (an individual of 15 years old or older but under 18 years old - section 51) from 9 p.m. until 12 a.m. upon the premises of certain retail businesses, such as those serving food and beverages or the sale of gasoline products, unless accompanied by a person 18 years or older. In relation to any other unspecified employment of a young person between the hours of 12 a.m. to the following 6 a.m., the young person’s parent or guardian must consent to such employment and the young person must be accompanied by a person 18 years or more. Moreover, according to section 74(2) of the Gaming and Liquor Act, 2000, no minor (under 18) may enter or be in any licensed premises if the licence prohibits minors from entering into or being in the licensed premises.

British Colombia. According to section 35 of the Liquor Distribution Act, a minor (under 19) is not permitted to enter or be on premises where liquor is sold or kept for sale. By virtue of section 21.8 of the Occupational Health and Safety Regulations, a person under 18 cannot work as a blaster, and under section 3.2.1 of the Health, Safety and Reclamation Code for Mines, no person under 18 may be employed at a mine. Moreover, section 6.77 of the Occupational Health and Safety Regulations, lays down that a person under 16 cannot be employed to mix, load or apply a moderately or very toxic pesticide for use in a workplace.

Manitoba. Under sections 5, 169(1) and 244 of the Operation of Mines Regulations, a person under 18 cannot be employed underground or at the face of an open pit or quarry, nor can they operate a mine hoist or crane. By virtue of section 7 of the X-Ray Safety Regulations, a person under the age of 18 cannot operate X-ray equipment. According to section 72(6) and section 91 of the Liquor Control Act, no person under 18 is permitted to be in a licensed beverage room when liquor may be sold or consumed therein, nor can they sell, handle or serve liquor in a licensed premise.

New Brunswick. By virtue of section 239(1) of the Underground Mine Regulation, 1996, a person must have attained the age of 19 years in order to operate a hoist. According to section 137.1(1) and (2) of the Liquor Control Act, no person under the age of 19 may give, serve, sell or supply liquor to any person in licensed premises, and no holder of a license or permit may employ or permit any person under the age of 19 to do so. Under section 4(1) of the X-Ray Equipment Regulation, a person under 18 years cannot be employed as an X-ray radiation worker. Finally, section 15(1) of the Education Act, 1997, requires school attendance between the ages of five and 18 years of age, and section 17 of the same Act prohibits the employment of school-aged persons during school hours.

Newfoundland and Labrador. According to section 58 of the Liquor Control Act, a person who has not reached the age of 19 cannot enter or work in a licensed premise, except as permitted by regulations. By virtue of section 26(11) of the Occupational Health and Safety Regulations, a person under 18 years of age cannot be employed in a silica process, nor in cleaning or maintenance work, likely to involve exposure to silica dust. According to section 5 of the Mines Safety Workers Regulations, a person under 18 years of age cannot be employed underground or in a mine. Moreover, by virtue of section 12(1) of the Radiation Health and Safety Regulations, a person cannot be employed as a radiation worker unless they have attained the age of 18 years. Finally, under section 46(b)(iv) and (vi) of the Labour Standards Act, an employer cannot employ a child (a person under the age of 16 years - section 45) to work: between the hours of 10 p.m. of one day and 7 a.m. of the following day; and in occupations that are prescribed as hazardous occupations or undertakings.

Nova Scotia. By virtue of section 2(a)(i) of the General Blasting Regulations, 1990, a blasting trainee must be 19 years of age. Under section 14(b) of the Liquor Licensing Regulations, 2002, the holder of a licence may not personally or through any employee or agent allow or employ a person under the age of 19 in or about licensed premises. According to section 127 of the Coal Mining Regulation Act, 1989, no child under 18 years of age can be employed underground in any mine. Moreover, under section 5 of the Metalliferous Mines and Quarries Regulation Act, 1989, no child under the age of 16 years can be employed on or about a mine.

Nunavut and Northwest Territories. According to section 8 of the Asbestos Safety Regulations, 1992, a minor (under the age of 19 years) cannot be employed unless an asbestos process is conducted under constant supervision and the process has been inspected and approved by a safety officer. By virtue of section 9 of the Silica Sandblasting Safety Regulations, 1992, a minor cannot be employed unless a silica process is conducted under constant supervision and the process has been inspected and approved by a safety officer. Under section 8.01 of the Mine Health and Safety Regulations, 1995, no person under the age of 18 can be employed underground or at the working face of any open cut workings, pit or quarry. Finally, section 8.01 of the Mine Health and Safety Regulations, 1995, lays down that no person under the age of 16 years can be employed in or about a mine.

Ontario. Under section 41(2) of the Licenses to Sell Liquor Regulation, 1990, if a condition of the liquor sales licence prohibits the entry of persons under 19 years at the premises to which the licence applies, the licence holder must ensure that no one under the age is admitted. Section 4 of the Oil and Gas-Offshore Regulation, 1990, and section 8 of the Window Cleaning Regulation, 1990, respectively, both set a minimum age of a worker at 18. According to sections 8(c) and (d) of the Mines and Mining Plants Regulation, 1990, the minimum ages for the employment or presence of a person in or about a mining plant are 16 years at a mining plant or a surface mine, excluding the working face, and 18 years at an underground mine or at the working face of an underground mine. Section 16 of the Construction Projects Regulation, 1991, sets a minimum age of 16 for the employment or presence in a workplace.

Prince Edward Island. Under section 40(3) of the Liquor Control Act, the holder of a licence may not permit any person under the age of 19 to enter, be in, or remain in the licensed premises, except as may be provided by the Act or the regulations. According to section 4 of the Youth Employment Act, no employer shall employ a young person (a person under 16 years) in employment that is or is likely to be harmful to the health or safety or morals or physical development of the young person. Finally, section 50.4 of the Occupational Health and Safety Act, requires that all traffic signallers be over the age of 16 years.

Quebec. Section 33 of the Concrete Pumps and Distribution Masts Regulation sets a minimum age of 18 years for the maintenance of distribution masts. Section 295 of the Occupational Health and Safety Regulation provides for a minimum age of 18 years for work involving explosives. The Safety of Building Work Code lays down a minimum age of 18 for the following types of work: work involving a lift (section 2.15.10); work involving a scaffolding flying (section 3.9.16); work involving a slewing rim (section 3.9.17); work in excavations and trenching (section 3.15.10); work underwater (section 3.17); demolition work (section 3.18.1(12)); shot firer (section 4.2.3); operation of a sealing low velocity gun (section 7.2.2); work underground, at the coal-face in surface mining or at the operating of hoisting and shifting objects (section 8.13.1); and work with compressed air (section 9.1.18). Moreover, under section 86 of the Act respecting liquor permits, a licence must be revoked or suspended if the permit holder has been convicted of an offence for having employed a minor (under 18 years) or for having allowed a minor to be present or participate in a show, in a room or on a terrace of his/her establishment where alcoholic beverages may be sold. Finally, section 26(1) and (2) of the Regulation respecting Occupational Health and Safety in Mines sets the following minimum ages: 18 years for work in underground mines, and 16 years for work in an open-cast mine, in a factory concentration, and a working space.

Saskatchewan. According to section 442.00(1)(c) of the Mines Regulation, 1978, the minimum age of 19 years is specified for the operation of a hoist. Under section 113(1)(a) of the Alcohol and Gaming Regulation Act, no person who is a minor (a person who is under 19 years of age - section 2) shall act in any way in the sale, handling or serving of beverage alcohol in or about a permitted premises or any place covered by a permit issued for the sale and consumption of beverage alcohol at a special occasion. Section 14 of the Occupational Health and Safety Regulations, 1996, sets a minimum age of 18 for the following types of work: (a) underground or in an open pit at a mine; (b) as a radiation worker; (c) in an asbestos process; (d) in a silica process; (e) use of an atmosphere-supplying respirator (subsection 2); and a minimum age of 16 for the following types of work: (a) construction; (b) production process at a pulp mill, sawmill or woodworking establishment; (c) production process at a smelter, foundry, refinery or metal processing or fabricating operation; (d) in a confined space; (e) in a production process in a meat, fish or poultry processing plant; (f) in a forestry or logging operation; (g) on a drilling or servicing rig; (h) as an operator of powered mobile equipment, a crane or a hoist; (i) where exposure to a chemical or biological substance is likely to endanger the health, safety of the person; and (j) in a power line construction or maintenance (subsection 1).

Yukon. Section 18(1)(b) of the Blasting Regulations sets a minimum age of 18 years for the transportation of explosives material. Section 14(1) of the Mine Safety Regulations sets a minimum age of 18 years for an underground mine or at the working face of a surface mine.

The Committee observes that the provisions mentioned above establish the age of admission to hazardous work in general and certain types of hazardous work at 18 years of age. It notes however that persons of 16 years are allowed to perform, inter alia, the following activities:

-  mix, load or apply a moderately or very toxic pesticide for use in a workplace in British Colombia (section 6.77 of the Occupational Health and Safety Regulations);

-  perform night work and work in occupations that are prescribed as hazardous occupations or undertakings in Newfoundland and Labrador (section 46(b)(iv) and (vi) of the Labour Standards Act);

-  work on or about a mine in Nova Scotia (section 5 of the Metalliferous Mines and Quarries Regulation Act);

-  work in or about a mine in Nunavut and Northwest Territories (section 8.01 of the Mine Health and Safety Regulations);

-  work in or about a mining plant or a surface mine (section 8(c) of the Mines and Mining Plants Regulation), or be in employment or present in a workplace in construction in Ontario (section 16 of the Construction Projects Regulation);

-  work in employment that is likely to be harmful to the health or safety or morals or physical development of the young person (section 4 of the Youth Employment Act), or to work as a traffic signaller in Prince Edward Island (section 50.4 of the Occupational Health and Safety Act);

-  work in an open-cast mine, a factory concentration, and a working space in Quebec (section 26(1) of the Occupational Health and Safety in Mines Regulation); and

-  work in construction, production process at a pulp mill, sawmill or woodworking establishment, production process at a smelter, foundry, refinery or metal processing or fabricating operation, in a confined space; (e) in a production process in a meat, fish or poultry processing plant; (f) in a forestry or logging operation, on a drilling or servicing rig, as an operator of powered mobile equipment, a crane or a hoist, where exposure to a chemical or biological substance is likely to endanger the health, safety of the person, and in a power line construction or maintenance in Saskatchewan (section 14 of the Occupational Health and Safety Regulations).

The Committee reminds the Government that, in accordance with Article 4, paragraph 1, of the Convention, the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this respect, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190, which enumerates activities to which the Government should give special consideration when determining types of hazardous work. The Committee requests the Government to indicate whether consideration has been given to the activities enumerated in Paragraph 3 of Recommendation No. 190 in determining the types of work enumerated in the preceding paragraph which young persons of 16 years and above are allowed to perform in the relevant provinces. Finally, the Committee observes that the lists of the types of work determined to be hazardous were adopted before the ratification of the Convention. It requests the Government to provide information on any measures taken or envisaged to review as necessary the lists of types of work determined as hazardous, as well as on consultations held on the matter with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identification of types of hazardous work. The Committee notes the Government’s indication that it has invited the most representative workers’ and employers’ organizations to provide their views on the types of hazardous work. Labour standards and occupational safety and health legislation in all jurisdictions are generally developed in consultation with workers’ and employers’ organizations. The Committee draws the attention of the Government to Article 4, paragraph 2, of the Convention, which provides that the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as hazardous exist. It requests the Government to provide information on measures taken or envisaged to identify where the types of work so determined exist, and to communicate the results of the findings.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication that each jurisdiction has mechanisms in place for the enforcement of their laws and regulations, and for prosecutions under the Criminal Code of Canada. It notes in particular the information provided by the Government on the provinces of Alberta, Manitoba, Quebec, and Newfoundland and Labrador. However, the Committee observes that the information is incomplete and does not concern every province and territory. It requests the Government to provide further information regarding the details of provincial and territorial mechanisms to enforce the provisions that are relevant to the application of Article 3(a) to (d) of the Convention, and to provide extracts of reports or documents showing the functioning of these mechanisms for the further monitoring of the effective implementation of the provisions giving effect to the Convention.

Article 6, paragraph 1. Programmes of action to eliminate the worst forms of child labour. 1. Sexual exploitation. The Committee notes that the Interdepartmental Working Group on Trafficking in Persons (IWGTP) was established to develop a federal strategy to combat trafficking. The Committee also notes that IWGTP has prepared a five-year review of the numerous activities undertaken in Canada as part of the follow-up to the First World Congress against the Commercial Sexual Exploitation of Children in Stockholm, 1996. It takes note of the report entitled "Canadian Strategy against Commercial Sexual Exploitation of Children and Youth 1996-2001", which provides details on some of the programmes and initiatives taken in Canada to tackle the sexual exploitation of children and youth. In this report, it is indicated that combating the commercial sexual exploitation of children is a responsibility that is shared in Canada by both federal and provincial levels of government in partnership with a number of national and international non-governmental organizations. The Committee requests the Government to provide information regarding the results attained through the implementation of the "Canadian Strategy against Commercial Sexual Exploitation of Children and Youth 1996-2001".

2. Fit for Children. The Committee notes that on 22 April 2004, Canada submitted to the United Nations a document entitled "A Canada Fit for Children". This National Action Plan is Canada’s official response to the commitments made in May 2002 at the United Nations General Assembly Special Session on Children. The National Action Plan’s priorities are amongst other sexual exploitation and trafficking, child labour, marginalized groups and children affected by armed conflict. The Committee requests the Government to provide information regarding the results attained through the implementation of the National Action Plan: A Canada Fit for Children, particularly in eliminating the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes that the Criminal Code and other legislation provide for penalties in case of violations of various forms of child abuse. Under section 212(1)(d) and (g) of the Criminal Code, anyone who procures or attempts to procure a person to become a prostitute, or procures a person to enter or leave Canada for the purpose of prostitution, is guilty of an indictable offence and liable to imprisonment of a term not exceeding ten years. By virtue of section 212(2) of the Criminal Code, any person who lives wholly or in part on avails of prostitution of another person who is under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years. According to section 212(2.1)(a) and (b) of the Criminal Code, any person who lives wholly or in part on the avails of prostitution of another person under the age of 18 years, and for the purposes of profit, aids, abets, counsels or compels the person under that age to engage in or carry on prostitution with any person or generally, and uses, threatens to use or attempts to use violence, intimidation or coercion in relation to the person under that age is guilty of an indictable offence and liable to imprisonment for a term not exceeding 14 years but not less than five years. Under the terms of section 212(4) of the Criminal Code, every person who, in any place, obtains for consideration, or communicates with anyone for the purpose of obtaining for consideration, the sexual services of a person who is under the age of 18 years is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years. Moreover, by virtue of section 163.1(2) of the Criminal Code, any person who: makes, prints, publishes or possesses for the purpose of publication any child pornography, is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or an offence punishable on summary conviction. Under section 163.1(3) of the Code, anyone who transmits, makes available, distributes, sells, imports, exports or possesses for the purpose of transmission, making available, distribution, sale or exportation any child pornography is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years, or an offence punishable on summary conviction. Moreover, under the terms of section 120 of the Immigration and Refugee Protection Act, 2001, a person who contravenes section 118 (Trafficking in persons) is guilty of an offence and liable on conviction by way of indictment to a fine of not more than $1,000,000 or to life imprisonment, or to both. Finally, by virtue of section 10(2)(c) of the Controlled Drug and Substances Act, the use of the services of a person under the age of 18 years to commit, or the involvement of such a person in the commission of, a designated substance offence, is considered to constitute a relevant aggravating factor during the sentencing of a person convicted of a designated substance offence. According to sections 5, 6 and 7 of the Controlled Drugs and Substances Act, any person who is convicted of a designated substance offence is guilty of an indictable offence or an offence punishable on summary conviction and liable to imprisonment for a term from one year to the life.

The Committee also notes that the legislation of the provinces and territories provides for penalties. For example, in the Province of Manitoba, according to the Employment Standards Code, penalties range from $2,500 to $25,000 or imprisonment for up to three months; and under the Workplace Safety and Health Act, penalties range from first fines of up to $150,000, and for second or subsequent offences up to $300,000. Imprisonment of up to six months can also be sanctioned under the Act. In Ontario, failure to comply with an inspector’s order or a provision of the Occupational Safety and Health Act can lead to prosecution and maximum fines of $500,000 for a corporation and $25,000 or imprisonment for up to 12 months for an individual. In Alberta, a contravention of provisions prohibiting or regulating the employment of individuals under 18 constitutes an offence under the Employment Standards Code, with a wide range of penalties described in section 132 of the Code. And, in the Province of Quebec, the Labour Standards Act provides for penal sanctions in sections 139 to 147 for persons who do not respect its rules or regulations. The Committee asks the Government to indicate how these penalties are applied in practice.

Paragraph 2. Time-bound measures. Clause (b). Direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. The Committee notes the Government’s indication that, in the province of Alberta, the Protection of Children Involved in Prostitution Initiative (PChIP) has established a continuum of programmes to assist sexually exploited children. The range of services includes prevention, early intervention, protective services and recovery programmes. Voluntary programmes including counselling, education, life skills support and housing are provided to any child who is at risk of, or involved in prostitution. Moreover, when a child is at extreme risk, due to their involvement in the sex trade, protective services can be accessed to assist the child in stabilization and recovery. The Committee also notes that treatment programmes for sexually exploited youth are being established to deal specifically with this high-risk population. Most notably, a recovery centre was established in central Alberta in October 2001 to provide residential treatment services for female children involved in prostitution. Recovery and stabilization programmes are also offered in protective safe houses across the province. Although there has been a limited number of male youth involved in prostitution in Alberta to date, ground-breaking research is being funded in 2002 to gain a clearer understanding of the issue across the province. As the Government gained a clearer understanding of the changing nature of the sexual exploitation of children, awareness campaigns have been developed to educate Albertans on issues such as Internet luring and the increased use of technology to sexually exploit children and youth. The Committee asks the Government to continue to provide information on the achievements of the PChIP initiative, and its impact with regard to removing children from prostitution and providing for their rehabilitation and social integration.

Clause (d). Identifying and reaching out to children at special risk. The Committee notes that in its concluding observations on the second periodic report of Canada in January 2004 (CRC/C/15/Add.215, paragraphs 52 and 53), the Committee on the Rights of the Child noted concerns relating to the vulnerability of street children and, in particular, Aboriginal children who, in disproportionate numbers, end up in the sex trade as a means of survival. The Committee on the Rights of the Child was also concerned about the increased number of foreign children trafficked into Canada. It recommended that the Government further increase the protection and assistance provided to victims of sexual exploitation and trafficking, including prevention measures, social reintegration, access to healthcare and psychological assistance, in a culturally appropriate and coordinated manner, including by enhancing cooperation with non-governmental organizations and the countries of origin. The Committee also notes that the Committee on the Rights of the Child (CRC/C/15/Add.215, paragraphs 54 and 55) regretted the lack of information on street children in the Government’s second report, although a certain number of children are living in the street. Its concern was accentuated by statistics from major urban centres indicating that children represent a substantial portion of Canada’s homeless population, that Aboriginal children are highly over-represented in this group, and that the causes of this phenomenon include poverty, abusive family situations and neglectful parents. The Committee on the Rights of the Child recommended that the Government undertake a study to assess the scope and the causes of the phenomenon of homeless children and consider establishing a comprehensive strategy to address their needs, paying particular attention to the most vulnerable groups, with the aim of preventing and reducing this phenomenon in the best interest of these children and with their participation. The Committee requests the Government to indicate the time-bound measures taken or envisaged to address the situation of children at special risk, such as street children, in particular Aboriginal children and children trafficked into Canada. It also requests the Government to indicate the impact of such measures on their rehabilitation and social reintegration.

The Committee requests the Government to supply information on measures taken or envisaged, as required under Article 7, paragraph 2(a), (c) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour, and to take into account the special situation of girls.

Article 8. International cooperation and/or assistance. 1. International cooperation. The Committee notes that Canada has contributed to ILO/IPEC since 1996. It also notes the information provided by the Government that the Canadian International Development Agency (CIDA) is responsible for the majority of Canada’s international cooperation programmes. CIDA addresses the issue of worst forms of child labour through poverty alleviation and an integrated set of activities including investment in primary education and projects which especially support child labourers. The Committee notes that CIDA developed a five-year (2000-05) programme entitled CIDA’s "Child Protection Action Plan" to strengthen programming in developing countries for the most marginalized children in need of special protection from exploitation, abuse and discrimination. The "Child Protection Action Plan" takes a strategic focus on war-affected children and child labourers, including children involved in the worst forms of child labour. Moreover, CIDA also works with UNICEF which has many programmes to help children involved in the worst forms of child labour. The Committee notes that Canada is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It also notes that section 7(4.1) of the Criminal Code provides for extraterritorial jurisdiction in relation to a number of sexual offences. Effectively, the 1997 Criminal Code amendments make possible the Canadian prosecution of Canadian citizens or permanent residents who sexually abuse children, including engaging in child prostitution, while outside Canada. The amendments allow for the prosecution not only of offences related to child sex tourism, such as child prostitution, but also of child sexual exploitation offences and child pornography.

2. Regional cooperation. The Committee notes that within the Inter-American Conference of Ministers of Labour, Canada is supporting initiatives for the ratification of Convention No. 182 and its implementation throughout the hemisphere. In addition, the initiatives aimed at combating child labour are also carried out under Canada’s Labour Cooperation Agreements with trading partners in the Americas.

3. Commercial sexual exploitation. The Committee notes that the Government contributed to combating the trafficking of human beings in the Balkans. The Government attempted to address the issue in a comprehensive manner by supporting a wide variety of activities including: support for safe houses, and the facilitation of safe returns for rescued women and girls. It also notes that, through the South East Fund for Institutional and Legal Development (SEAFILD), CIDA financed towards efforts to help end the trafficking of women and children in partnership with the Mekong Region Law Centre (MRLC). Participating countries include Thailand, Viet Nam, Cambodia, Lao People’s Democratic Republic and the Yunnan Province of the People’s Republic of China. Moreover, through the South Asia Regional Gender Fund, CIDA provided financial support to the South Asian Association for Regional Cooperation (SAARC) People’s Forum on Trafficking in Women and Children held in Katmandu, Nepal in December 2000. Coordinated by the Bangladeshi organization, UBINIG, the forum provided civil society representatives from across the region with an opportunity to come together to discuss human trafficking and related issues. Furthermore, efforts to alleviate the exploitation faced by women and children affected by sex trade in the Philippines are supported by CIDA. The project gives tools and training to sex-trade workers, including children, to help them deal with the exploitation they face, and to the larger community to raise awareness regarding the desperate situation faced by children in the sex trade. Finally, the Committee notes that CIDA provides support to many Canadian NGOs working to address the commercial sexual exploitation of children in various countries.

4. Children affected by armed conflict. The Government indicates that CIDA provides fund activities related to children affected by armed conflict. For example, CIDA approved the first project in support of research into the roles and experiences of girls in militaries and armed groups in Mozambique, Sierra Leone and Uganda. In the Democratic Republic of Congo, CIDA supported the development of an evaluation tool that allowed the programme to evaluate projects that benefit former child soldiers. Moreover, the Peacebuilding Unit in CIDA’s Multilateral Branch has a Child Soldiers Reintegration project in Sierra Leone which provides vocational training to children as well as counselling. Finally, CIDA provided funds to help finance the work of the Canadian Physicians for Aid and Relief (CPAR) in Uganda where they provide psychosocial help and vocational training for returning child soldiers.