Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee notes the Government’s report.

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee notes the Government’s information that, in November 2005, the Criminal Code was amended to create three new indictable offences, specifically prohibiting trafficking in persons. The Committee notes with interest that these amendments provide for more effective prohibitions against the trafficking of children.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes with interest the Government’s information that following the reform of 2005 to the Criminal Code, the definition of “child pornography” was broadened, thereby extending the reach of the prohibition against the use, procuring or offering of persons under 18 for pornography.

Article 3(d) and Article 4, paragraphs 1 and 3. Determination and periodical examination of the types of hazardous work. 1. Federal Legislation. The Committee had previously noted that the Canadian Labour Standards Regulations establish the age of admission to certain types of hazardous work (section 10(1)(b)(i), (ii) and (iii)) and to hazardous work in general (section 10(1)(b)(v)) at 17 years of age. It had requested the Government to indicate the measures taken or envisaged to prohibit work that is likely to harm the health, safety morals or morals of persons under 18 years of age as is required by Article 1 of the Convention read with Article 3(d). Noting the absence of information on this point, the Committee reminds the Government that, under Article 1 of the Convention, a government which ratifies the Convention shall take immediate and effective measures to secure the prohibition of hazardous work for children under 18 as a matter of urgency. Accordingly, the Committee requests the Government to provide information on the measures taken or envisaged to bring the relevant provisions of the Labour Standards Regulations into line with the Convention in order to ensure that no person under 18 years of age is authorized to perform types of hazardous work, in accordance with Article 3(d) of the Convention.

2. Provincial legislation. The Committee had previously noted that, in some provinces, persons of 16 years are allowed to perform certain types of hazardous work such as night work, work in mines, construction, metal processing, confined spaces, forestry operations, power line construction and maintenance, etc. The Committee notes the information contained in the Government’s report regarding the Provinces of Ontario, Quebec and Manitoba. Regarding the Province of Ontario, it notes that the Occupational Health and Safety Act (OHSA) has determined the minimum ages based on the types of work or workplaces with higher age requirements for occupations considered to pose a high degree of risk to a young person’s health and well-being. It notes with interest that there are increased protections against hazards associated with confined spaces, transport and municipal services. Regarding the Province of Quebec, the Committee notes the Government’s information that the types of hazardous work prohibited to persons under 18 years have been determined in consultation with the employers’ and workers’ organizations. A revision of the types of hazardous work so determined has not yet been considered necessary. Finally, with regard to the Province of Manitoba, the Committee notes the information contained in the Government’s report that the Labour-Management Review Committee, composed of workers’ and employers’ representatives has reviewed the “Employment Standards Code” and made a number of recommendations including specific restrictions on the employment of young workers in certain high risk industries and in night work. The Committee notes that the Government has not supplied the information requested in respect of the other provinces. It once again requests the Government to inform it of measures taken or contemplated by the provinces to comply with Article 1 of the Convention read with Article 3(d) to prohibit children under 18 from engaging in clearly hazardous work such as night work, work in mines, power line construction and maintenance and meat processing.

Article 5. Monitoring mechanisms. 1. Federal level. The Committee notes the Government’s information that the Interdepartmental Working Group on Trafficking in Persons coordinates federal efforts to address trafficking in persons. It also notes the Government’s information that the Royal Canadian Mounted Police’s (RCMP) Human Trafficking National Coordination Centre has been established in order to work with domestic and international agencies to exchange information, monitor investigations from a national perspective, facilitate the central processing of requests from international law enforcement agencies, provide an intelligence feedback to domestic law enforcement, and contribute to data collection.

2. Provincial level. Ontario. The Committee notes the information contained in the Government’s report on the monitoring mechanisms in the province of Ontario. In particular, it notes that the Ministry of Labour will have hired 200 new inspectors by the end of 2006 and that inspectors have been directed to focus on sections of the OHSA that oblige employers to give young and new workers the information, instruction and supervision required to work safely. It takes note of the detailed information provided with regard to the number of: field visits; inspections; investigations; consultations; orders; complaints and prosecutions which took place from June 2004 to May 2006.

Article 6. Programmes of action to eliminate as a priority the worst forms of child labour. The Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth. In its previous comments, the Committee had requested 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” (“the Strategy”). The Committee notes the detailed information contained in the fifth report of the Committee Against Commercial Sexual Exploitation of Children and Youth regarding the comprehensive array of measures of implementation of the Strategy adopted at both the federal and provincial and territorial levels. The Committee notes that the measures implementing the Strategy involve government departments, law enforcement authorities, NGOs, community organizations, universities, researchers, and civil society. Such measures are aimed at: (a) preventing children from sexual exploitation mainly through: (i) promoting their awareness of sexual exploitation issues, including cyber crimes: (ii) implementing and publicizing relevant laws; and (iii) training officers on relevant issues (examples of these measures are: deal.org website hosted by the RCMP; the National Strategy to Protect Children Against Sexual Exploitation on the Internet and its Cybertip.ca hotline); (b) protecting children from commercial sexual exploitation, mainly through: (i) criminalizing and penalizing those who sexually exploit children; (ii) initiating specialized law enforcement units; (iii) rescuing child victims; (c) rehabilitating and integrating child victims (including foreign nationals); (d) improving information to understand the factors that make children vulnerable to sexual exploitation; (e) promoting alliances among international, regional and national communities, and civil society. The Committee also notes that some of the measures implemented under the Strategy, both at the federal and provincial and territorial levels, specifically target girls and that others target street-involved and at-risk youth, including aboriginal youth.

The Committee further takes note of the information contained in the Government’s report on the measures of implementation of the Strategy adopted by Ontario, particularly the “Provincial Strategy to Protect Children from Sexual Exploitation on the Internet”, developed by the Steering Committee formed by the Ontario Provincial Police (OPP) and the Ontario Association of Chiefs of Police (OACP). As a part of this Strategy, the Attorney-General has established the Task Force on Internet Crimes Against Kids, to provide police and crown prosecutors with tools and funds to improve investigations and prosecutions of Internet-based crimes. The Committee takes particular note of the development of an educational software package aimed at raising the awareness of children and their parents on the issue of protection against Internet crimes and of the purchase of a software programme designed to target and monitor chat rooms, creating an archive that the police believe will become a valuable tool for finding predators.

The Committee takes due note of this information and requests the Government to continue providing information on the implementation of the Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth at federal, provincial and territorial levels, and results attained, including any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee notes with interest the Government’s information that the 2005 reforms to the Criminal Code increased the penalties available for those convicted of child prostitution related offences. The penalty for a person convicted of living off the proceeds of child prostitution, is a maximum of 14 years’ imprisonment and a mandatory minimum of two years’ imprisonment.

Article 7, paragraph 2. Effective and time-bound measures. Clause (b). Direct assistance for removal of children from the worst forms of child labour. 1. Child victims of trafficking. The Committee notes the Government’s information that Canada pursues its efforts to combat trafficking in persons through preventing trafficking, protecting the victims, and prosecuting the offenders. The creation of the “Immigration guidelines” enables victims of trafficking to obtain temporary immigration status and access to the “Interim federal Health Programme”. This programme provides for temporary emergency and essential services for the treatment and prevention of serious medical conditions and the treatment of emergency dental conditions. The Committee also notes the Government’s information that research is being conducted to identify the needs of the victims of trafficking and to develop community services to address these needs. The Committee requests the Government to continue providing information on the effective measures aimed at rehabilitating and integrating child victims of trafficking as well as on the number of children withdrawn from trafficking pursuant to such measures. 

2. Child victims of sexual exploitation. Following its previous comments, the Committee notes that, in the framework of the implementation of the Strategy, a wide range of measures have been taken, both at the federal and at the provincial and territorial levels aimed at rehabilitating and integrating child victims of sexual exploitation (including foreign nationals). These measures provide child victims of sexual exploitation with legal, socio-medical and psychological counselling and alternative means of livelihood. The Committee notes the Government’s information that the Ministry of Community and Youth Services (MCYS) of Ontario is responsible for programmes for children with special needs. Notwithstanding this, the Ministry does not fund a specific system of services of children who have been sexually exploited, services are provided in various communities across the provinces, such as victims/witness assistance programmes and youth shelters. The Committee requests the Government to continue providing information on the measures implementing the Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth aimed at rehabilitating and integrating child victims of sexual exploitation. It also requests the Government to provide information on the number of children who have been withdrawn from commercial sexual exploitation pursuant to these measures.

Clause (d). Identifying and reaching out to children at special risk. Children living in the street and aboriginal children. Following its previous comments, the Committee notes that some of the measures implemented under the Strategy specifically target street-involved and at-risk youth, including aboriginal youth (ex. Cedar Project in British Columbia; Project Hope for street involved-youth and youth involved in the sex trade). It also notes the Government’s information that the National Action Plan “A Canada Fit for Children” addresses the situation of children at special risk, in particular aboriginal children. In particular, the National Action Plan envisages measures to improve the situation of aboriginal children, through addressing the gap in life chances and health status between aboriginal and non-aboriginal children, strengthening preventative measures to curb the number of aboriginal children coming into the child welfare system, and working with provinces and territories, aboriginal leaders, and communities to improve education outcomes for these children. The Committee requests the Government to continue providing information on the effective and time-bound measures taken or envisaged, under the Strategy, the National Action Plan “A Canada Fit for Children” and other programmes, to protect children living in the street, especially aboriginal children, from the worst forms of child labour. In particular, it requests the Government to provide information on the measures aimed at increasing access to education of aboriginal children. It also requests it to provide statistical information on the school attendance and dropout rates of aboriginal children.

Part V of the report form. Following its previous comments, the Committee notes the Government’s information that that a review of reported case law from March 2004 to February 2006 identified 24 trafficking-related convictions. The Committee also notes the comprehensive data on the number of criminal proceedings regarding child prostitution and child pornography from 1998 to 2004 included in the Adult Criminal Court Survey. According to this information, in 2003-2004 there were 291 appearances in Canadian adult courts for child prostitution and 218 for child pornography offences. Conviction rates for child pornography offences have increased from 41 per cent in 1999 to 60 per cent in 2001 and have remained relatively stable since that point. It also notes the Government’s information that, according to results of inspections, there is no evidence of children being employed in hazardous work. The Committee notes the information provided in the Government’s report with regard to the fines imposed in the province of Ontario under the OHSA. The Committee requests the Government to continue providing information, at federal, provincial and territorial levels, on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed.