Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the Government’s report and the communication of the Canadian Labour Congress (CLC) dated 13 September 2010.

Articles 3(d) and 4(1) and (3) of the Convention. Determination and periodical examination of the types of hazardous work. 1. Federal legislation. The Committee 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. However, the Committee noted that the Government began, in 2004, a comprehensive review of Part III of the Canada Labour Code through the Federal Labour Standards Review Commission (the Review Commission), with a view to modernizing federal labour standards. The Review Commission’s final report (of October 2006) 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 indicated that it had not yet taken a position on the Review Commission’s recommendations, and that these recommendations were under discussion with various stakeholders.

The Committee notes the Government’s statement that it continued to consult with various stakeholders in 2009 to fully assess the impact of the recommendations of the Review Commission, framing these consultations around a technical discussion paper focusing on the practical implications of the recommendations. Groups and individuals have been invited to make submissions, and the Government indicates that it is considering its next steps. Observing that the review of Part III of the Canada Labour Code has been ongoing since 2004, the Committee once again urges the Government to take immediate measures to ensure that the age for admission for hazardous work in federally regulated enterprises be raised to 18 years in the very near future (pursuant to the Review Commission’s recommendation). It requests the Government to provide information on the progress made in this regard.

2. Provincial legislation. The Committee 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. This included the provinces of British Columbia (where, pursuant to section 6.77 of the Occupational Health and Safety Regulations, persons under 16 cannot mix, load or apply a moderately or very toxic pesticide for use in a workplace), Newfoundland and Labrador (where pursuant to sections 45 and 46(b)(vi) of the Labour Standards Act, a person under 16 cannot work in occupations that are prescribed as hazardous occupations or undertakings), Nova Scotia (where pursuant to 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) and Prince Edward Island (where pursuant to section 4 of the Youth Employment Act, no employer shall employ 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). The Committee requested the Government to provide information on the measures taken by these provinces 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.

The Committee notes that the CLC, in its communication dated 13 September 2010, urges the Government and the provinces to proceed, as quickly as possible, towards establishing a list prohibiting specific forms of dangerous work to children, as provided in Article 4(1) of the Convention.

The Committee notes the information provided in the Government’s report regarding the measures taken in the Provinces of Alberta, Manitoba, New Brunswick, Nova Scotia, Ontario, and the territory of Nunavut. It also notes the Government’s statement that hazardous work and night work are regulated in all jurisdictions. The Government also indicates that employment as a power line technician, and many other technical and trade jobs require completion of high school and a three- to four-year apprenticeship programme, making this work inaccessible to persons under 18. The Government further indicates that in most Canadian jurisdictions, the employment of children under 18 years of age in underground mines is prohibited. However, the Committee once again notes an absence of information on this point in the Government’s report regarding British Columbia, Newfoundland and Labrador and Prince Edward Island. Moreover, the Committee notes the information in the Government’s report that, for the territory of Nunavut, the Labour Standards Act prohibits employing children under 17 years in work that is detrimental to the health, education or moral character of the young person.

The Committee observes that, while the vast majority of provinces and territories have taken measures (legislative or otherwise) to prohibit the performance of certain types of hazardous work (such as employment in technical and trade jobs) by person under 18, it appears that the performance of certain types of hazardous work is permitted from the age of 16 in British Columbia, Newfoundland and Labrador and Prince Edward Island, and from the age of 17 in Nunavut. The Committee recalls that, pursuant to Article 3(d) of the Convention, the Government shall take the necessary measures to ensure that persons under 18 years do not perform work which, by its nature or the circumstances in which it is carried out, is likely to harm their health, safety or morals. The Committee accordingly requests the Government to provide information on the measures taken or envisaged in the provinces of British Columbia, Newfoundland and Labrador and Prince Edward Island and in the territory of Nunavut to prohibit children under 18 years from engaging in clearly hazardous work, in conformity with Article 3(d) of the Convention.

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 noted the implementation of the Canadian strategy against commercial sexual exploitation of children and youth (CESCY Strategy) 1996–2001 and the Provincial strategy to protect children from sexual exploitation on the Internet in Ontario. The Committee notes the information in the Government’s report that on 10 February 2009, the Government announced a renewal and expansion of the CESCY Strategy, with a total of 71 million Canadian dollars committed over a five-year period. This funding will support various initiatives, including research on child sexual exploitation and human trafficking and the reporting of cases through a website. The Committee also notes the information in the Government’s report concerning the activities of the Royal Canadian Mounted Police’s (RCMP) National Child Exploitation Coordination Centre (NCECC), created in 2004 with a mandate to reduce the victimization of children to online sexual exploitation. The NCECC works with a number of child sexual exploitation units and manages “Canada’s child exploitation tracking system”, which is a law enforcement tool for intelligence sharing, investigative support, coordination between units and victim identification. The Government states that, in March 2009, the NCECC coordinated (with the assistance of over 35 police departments) an investigation into child sexual victimization on the Internet, resulting in 50 arrests on charges which included the making and distribution of child pornography. The Committee further notes the information in the Government’s report that in 2008, the Department of Public Safety established a dedicated contribution programme specifically to support research, projects and initiatives aimed at combating child sexual exploitation and human trafficking. The Committee requests the Government to continue to provide information on the activities of the NCECC, particularly with the regard to the number of child victims of trafficking and commercial sexual exploitation reached through its initiatives. It also requests the Government to provide a copy of the renewed and expanded CESCY strategy with its next report and to provide information on the impact of the measures taken within this framework.

Article 7(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 previously noted the creation of “Immigration Guidelines” to enable victims of trafficking to obtain temporary resident permits, which permits access to the “Interim Federal Health Programme”. The Committee notes the Government’s indication that temporary resident permits were issued to 43 victims of trafficking between May 2006 and December 2009. The Government also indicates that Citizenship and Immigration Canada’s operational manual for protected persons was updated in 2008 to include new guidelines on vulnerable persons and minors, to ensure that child victims of trafficking remain safe and separated from the control of possible traffickers. The Government further indicates that Citizenship and Immigration Canada has developed guidelines for officers to help identify victims of human trafficking. The Committee also notes the information in the Government’s report that the RCMP’s Human Trafficking National Coordination Centre has, since 2008, led national human trafficking workshops for 28,500 law enforcement, border, immigration and justice officials, as well as members of non-governmental organizations. Trafficking in persons training was also given to RCMP members and new recruits, including training on the identification of potential victims. Regarding services for victims of trafficking, the Committee further notes the information in the 2009 UN Office on Drugs and Crime report entitled “Global Report on Trafficking in Persons” that provinces and territories administer legal aid and social services such as emergency financial assistance and housing to trafficking victims in need. However, the Committee notes the information in a report on trafficking in persons of 14 June 2010, available on the website of the Office of the High Commissioner for Refugees (www.unhcr.org) (Trafficking Report), that the range of the services and scope of the services provided for trafficking victims varies by the province or territory. The Committee accordingly requests the Government to strengthen its efforts to ensure the provision of appropriate rehabilitation and social reintegration services to victims of trafficking under the age of 18 in all provinces, and to provide information on the number of child victims reached through these services.

2. Child victims of commercial sexual exploitation. The Committee 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. The Committee also noted the funding of eight child victims’ centres in Ontario and that the Provincial Strategy to Protect Children from Sexual Exploitation on the Internet also provides dedicated support for child victims.

The Committee notes the information in the Government’s report regarding various measures taken at the provincial level to reach child victims of commercial sexual exploitation. In this regard, the Committee notes the continuation of Ontario’s Provincial Strategy to Protect Children from Sexual Exploitation on the Internet, which approved 236 persons for counselling under the programme. The Committee also notes the implementation of phase two of the “Strategy focused on children exploited through prostitution in Manitoba”, which includes an initiative entitled “Routes out” that will create (or strengthen) eight exit programmes to support victims of exploitation. The Government also provides information on various measures to assist child victims of sexual abuse in Alberta and New Brunswick. The Committee requests the Government to pursue its efforts to provide for the removal, rehabilitation and social reintegration of child victims of commercial sexual exploitation. It once again requests the Government to provide information on the impact of the measures taken in this regard, particularly the number of victims of commercial sexual exploitation under 18 years who were reached by these rehabilitative and reintegration services.

Clause (d). Identifying and reaching out to children at special risk. Aboriginal children. The Committee previously noted the 2006 census information indicating that an estimated 34 per cent of the Aboriginal population had not completed high school. It noted several federal and provincial programmes and initiatives taken in order to protect Aboriginal children’s rights. It requested the Government to provide information on the number of children reached through these initiatives.

The Committee notes that the CLC, in its communication dated 13 September 2010, expresses the hope that the issue of the situation of Aboriginal people can be reviewed jointly, to provide a more integrated approach to resolving issues that are specific to this vulnerable group.

The Committee notes the information in the Government’s report that the provincial government of Nova Scotia signed the Mi’kmaq Education Agreement with the Mi’kmaw Kina’matnewey, which aims to improve educational opportunities for Mi’kmaw students in the province. In the province of Ontario, a strategy (entitled “Niigan Mosewak”) was developed by the Ontario provincial police in 2008 to address the overrepresentation of young Aboriginal persons within the justice system. The Ontario government has also implemented a project entitled “North of 50”, to reach disadvantaged Aboriginal youth in rural areas. The Committee further notes the statement in the Government’s report to the Committee on the Elimination of Discrimination Against Women (CEDAW) of 11 February 2010, submitted as a follow-up to the CEDAW’s concluding observation, that Aboriginal women and girls are among the most vulnerable members of Canadian society (CEDAW/C/CAN/CO/7/Add.1, paragraph 38). The Committee notes the statement in the Government’s report that, in Manitoba, Aboriginal children are overrepresented as victims of sexual exploitation, comprising 70 per cent of the victims in cases in the provinces. The Trafficking report also states that women and girls from aboriginal communities are more likely to be found in conditions of commercial sexual exploitation across the country. In this regard, the Government states in its report to CEDAW that Manitoba has created a Human Trafficking Response Team comprised of the RCMP and various provincial and community partners, which targets the trafficking of aboriginal women and girls for sexual exploitation (CEDAW/C/CAN/CO/7/Add.1, paragraph 55). Noting that children from minority groups are often victims of exploitation, which may take on very different forms, and are at risk of being engaged in the worst forms of child labour, the Committee requests the Government to redouble its efforts to protect at-risk aboriginal children from the worst forms of child labour. It requests the Committee to continue to provide information on the measures taken in relevant provinces, and on the results achieved, particularly with respect to increasing the school enrolment rates and reducing school drop-out rates of aboriginal children.

Part V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes that the CLC communication calls on the Government to continue building its statistical information base and capacity so as to quantify issues and problems in Canada.

The Committee notes the detailed statistics in the Government’s report concerning cases of the commercial sexual exploitation of children. The Committee notes the steady growth of cases regarding child pornography (from 68 cases relating to the production or possession of child pornography for the purpose of publication in 2004–05 to 200 cases of this offence in 2008–09). The Committee also notes that the majority of the cases relating to child pornography are stayed or withdrawn, and that the conviction rate for the production or possession of child pornography for the purpose of publication was 35 per cent in 2007–08 and 25 per cent in 2008–09. In 2007–08, 55 persons were convicted for this offence, and 50 persons in 2009. The Committee also notes that in 2007–08, five persons were found guilty of living off the proceeds of prostitution of a person under the age of 18 (for a conviction rate of 16 per cent), and 18 persons were found guilty of soliciting a prostitute under the age of 18 (for a conviction rate of 26 per cent). In 2008–09, 11 persons were found guilty of living off the proceeds of prostitution of a person under the age of 18 (for a conviction rate of 22 per cent), and 21 persons were found guilty of soliciting a prostitute under the age of 18 (for a conviction rate of 25 per cent). The Committee further notes the information in the Government’s report that an estimated 400 children and youth are victimized in the visible sex trade on the streets of Winnipeg (the provincial capital of Manitoba) each year. With regard to trafficking, the Government states that accurate statistics on the magnitude and scope of this phenomenon in Canada are not available, though that a study was undertaken on the feasibility of national data collection. The Committee further notes that the RCMP released a document entitled “Human trafficking in Canada: A threat assessment” in September 2010. The Committee requests the Government to provide a copy of the RCMP’s “Human trafficking in Canada: A threat assessment”. The Committee also 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. To the extent possible, all information provided should be disaggregated by sex and age.