Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 3(d) and Article 4, paragraphs 1 and 3, of the Convention. 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, pursuant to section 179 of the Canada Labour Code, Part III, and not at 18 years of age as is required by Article 1 of the Convention read with Article 3(d).

The Committee notes the Government’s statement that a comprehensive review of Part III of the Canada Labour Code was undertaken in 2004 by the Federal Labour Standards Review Commission (the “Review Commission”) with a view to modernize federal labour standards. In its final report of October 2006, the Review Commission recommended that Part III provisions banning employment of young people in dangerous work be brought in line with the Convention, thereby banning dangerous work for workers under 18 years of age in a federally regulated industry. The Government indicates that it has not yet taken a position on the Review Commission’s recommendations, but that they are currently under consideration and being discussed with various stakeholders. The Committee urges the Government to take immediate measures to ensure that the Review Committee’s recommendation concerning the provisions of the Canada Labour Code on the employment of young people in dangerous work is acted upon so as to ensure that no person under 18 years of age is authorized to perform types of hazardous work in a federally regulated industry. It requests the Government to provide information on the progress made in this regard.

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. It had noted the information contained in the Government’s report regarding the Provinces of Ontario, Quebec and Manitoba. The Committee further notes the information contained in the Government’s report concerning the Provinces of Nova Scotia and Saskatchewan. Regarding the Province of Nova Scotia, the Committee notes that the Labour Standards Code might be reviewed in the next few years, in which case modifications to the rules regarding the employment of children will be considered. Regarding the Province of Saskatchewan, the Committee notes the Government’s statement that the Province remains alert to its international obligations and that the issue of the minimum age for admission to certain types of hazardous work remains of significant interest. The Committee observes that no new information was supplied with regard to the Provinces of British Columbia, Newfoundland and Labrador and Prince Edward Island. It once again reminds the Government that, when determining the types of work referred to under Article 3(d) of the Convention, in accordance with Article 4, paragraph 1, the relevant international standards shall be taken into consideration, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), which enumerates activities to which the Government should give special consideration when determining types of hazardous work. Expressing the hope that due consideration will be given to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), the Committee requests the Government to provide information on 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 years of age from engaging in clearly hazardous work such as night work, work in mines, power line construction and maintenance and meat processing.

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 noted the detailed information contained in the fifth report of the Committee Against Commercial Sexual Exploitation of Children and Youth (the “CSECY Committee”) regarding the comprehensive array of measures of implementation of the Canadian Strategy Against Commercial Sexual Exploitation of Children and Youth 1996–2001 (the “Strategy”), aimed at preventing children from sexual exploitation at the federal, provincial and territorial levels. The Committee had also noted the measures of implementation of the Strategy adopted by Ontario, particularly the Provincial Strategy to Protect Children from Sexual Exploitation on the Internet (the “Ontario Strategy”).

The Committee notes the Government’s information that the Family Violence Prevention Unit (FVPU), recognizing that a history of child mistreatment and child sexual abuse increases vulnerability to sexual exploitation, contributes to the implementation of the Strategy through various measures. In particular, the FVPU participates as an observer to the CSECY Committee, the focus of which aims to examine ongoing programmes and activities across the country to eliminate and prevent the abuse of children and youth in the sex trade. With regard to Ontario, the Committee notes the Government’s information that, in its first year (2007–08), the Ontario Strategy was successful in that:

(a)   2,058 investigations were completed by the Victim Identification Team (VIT) (as opposed to 1,158 the previous year);

(b)   the VIT, between 1 April 2007 and 31 March 2008, identified 33 child victims of sexual exploitation in Ontario and assisted in the identification of 20 more child victims internationally;

(c)   783 charges were laid (as opposed to 484 the previous year);

(d)   271 individuals were charged (as opposed to 185 the previous year).

The Committee also notes the Government’s detailed information on the several measures taken by Ontario to build on these achievements and further its commitment to protecting children by taking action against child pornography, Internet luring and other forms of child sexual exploitation. The Committee encourages the Government to continue its efforts to eliminate the commercial sexual exploitation of children. It requests the Government to continue providing information on the progress made in this regard, in particular the number of convictions and details of the penalties imposed.

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 had previously noted the creation of “Immigration guidelines” to enable victims of trafficking to obtain temporary immigration status and access to the “Interim Federal Health Programme”. It notes the Government’s statement that it has also adopted the Regional Guidelines for Special Protection in Cases of Repatriation of Child Victims of Trafficking at the Vice-Ministerial Regional Consultation Meeting (RCM) on 26 April 2007. These guidelines are intended to foster cooperation between RCM member States on the issue of child trafficking and provide guidance on how to proceed when a child victim of trafficking is discovered. The Committee further notes the Government’s information that, in Ontario, 53 Children’s Aid Societies (CAS) are mandated to provide services to children who are in need of protection, including children who have been withdrawn from trafficking. Ontario has also implemented the Looking After Children (OnLAC) protocol for children that come into the care of a CAS to determine the needs of the children and provide services in order to facilitate their rehabilitation, where necessary. The Committee once again requests the Government to provide information on the number of children withdrawn from trafficking and then rehabilitated as a result of the implementation of these measures. It further requests the Government to continue providing information on any other effective and time-bound measures aimed at rehabilitating and integrating child victims of trafficking.

2. Child victims of commercial sexual exploitation. The Committee had previously noted that a wide range of measures had 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). It notes the Government’s information that it continues to support a multifaceted response to combat child sexual exploitation, including community-based responses to prevent child sexual exploitation and to support children and youth who are at risk or who are escaping such exploitation. The Committee further notes that, in Ontario, eight child victims’ centres were funded and that the Ontario Strategy also provides dedicated support for child victims and families, referrals to appropriate community services and practical assistance. The Government indicates that, so far, the Ontario Strategy has resulted in the identification of over 200 child victims of sexual abuse and exploitation on the Internet in the province alone, and in the creation of a simple and accessible counselling programme for child and youth victims and their immediate family members. Furthermore, in the spring of 2007, the Government of Ontario has announced the creation of the Victim Quick Response Programme, to provide assistance to victims in need. The Committee requests the Government to provide concrete information on the number of children who were withdrawn from commercial sexual exploitation and rehabilitated pursuant to the application of these measures, in Ontario and the other provinces where applicable.

Clause (d). Identifying and reaching out to children at special risk. Aboriginal children. Following its previous comments, the Committee notes the Government’s information that, according to a 2006 census, an estimated 34 per cent of the aboriginal population had not completed high school. It notes the Government’s detailed information on the several programmes and initiatives, taken in order to protect aboriginal children’s rights, including the Aboriginal Head Start Urban and Northern Communities (AHSUNC) and the Aboriginal Head Start On-Reserve Program (AHSOR), both of which enhance child development and school readiness of First Nations, Métis and Inuit children living in urban centres and of First Nation children living in reserves, while ensuring integration with existing programmes for children. The Committee further notes that, in Newfoundland and Labrador, newly developed provincial social studies and religious education curricula ensure that young aboriginal persons in the province will have the opportunity to learn about their traditional culture while acquiring the skills necessary to survive in the global economy and pursue post-secondary education. The Committee also notes that, in Ontario, several measures were taken to build a stronger relationship with the aboriginal people and speed up the resolution of outstanding issues. In particular, the Committee observes that the Aboriginal Education Strategy, launched in January 2007, aims to help close the educational gap between aboriginal and non-aboriginal students, notably by establishing an Aboriginal Education Office to support the learning and achievement of aboriginal students. The Government also indicates that the Ministry of Children and Youth Services of Ontario funds Akwe:go Urban Aboriginal Children’s Program, which provides mental health and life skills support for at-risk urban aboriginal children aged 7–12 delivered through 25 Friendship Centres established across the province and administered by the Ontario Federation of Indian Friendship Centres. The Committee notes that 300 new childcare spaces for aboriginal children will be developed throughout Ontario. The Committee requests the Government to provide information on the impact of these measures on protecting aboriginal children from the worst forms of child labour and, more specifically, the number of children who were prevented from being engaged in these worst forms in Newfoundland and Labrador and in Ontario. It also requests the Government to provide information on the effective and time-bound measures taken to protect aboriginal children from the worst forms of child labour in the other provinces.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the comprehensive data relating to child prostitution and child pornography supplied in the Government’s report. According to Statistics Canada, there were 515 cases regarding child pornography in Canada in 2004–05, in which 238 defendants were convicted, 726 cases and 327 convictions in 2005–2006, and 757 cases and 339 convictions in 2006–07. The Committee also notes the Government’s report that, in February 2008, Ontario police arrested 22 people and laid 73 charges in the largest coordinated child pornography sweep in Ontarian history. Finally, the Committee notes that there were 178 cases and 67 convictions regarding child prostitution in Canada in 2004–05, 108 cases and 45 convictions in 2005–06, and 171 cases and 47 convictions in 2006–07. 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.