Experts of the Committee on the Rights of Persons with Disabilities Commend Canada for Accessible Voting Measures, Ask about Medical Assistance in Dying for Persons with Disabilities and on Persons with Disabilities in the Labour Market
The Committee on the Rights of Persons with Disabilities today concluded its review of the combined second and third periodic report of Canada, with Committee Experts commending the State’s plethora of accessible voting measures, while raising questions on persons with disabilities seeking access to medical assistance in dying and on persons with disabilities in the labour market.
Floyd Morris, Committee Expert and Taskforce Member, said Canada should be commended for the plethora of voting measures put in place to accommodate persons with disabilities.
Rosemary Kayess, Committee Expert and Leader of the Taskforce for Canada, said it was concerning that persons with disabilities sought access to medical assistance in dying due to unmet needs, which was a systemic failure of the State party. The disproportionate impact of these failures, which included poverty, and a lack of access to employment and services, underpinned the so-called choice for seeking medical assistance in dying as an alternative. How was this not State-sanctioned euthanasia? If choice was the trigger, why was there not also a focus on addressing the support that person needed, which would take them away from social isolation where they perceived dying as the only option they had?
Mr. Morris also asked how many persons with disabilities were currently employed? The country spent millions on the employment of persons with disabilities; what strategies would be put in place to measure the outcomes from these initiatives? Could the Committee be updated as to the current situation of sheltered workshops in the country?
The delegation said medical assistance in dying was a deeply complex and personal issue and there had been continued debate under the circumstances under which it should be available. The Government was continuing to enhance its monitoring of the provision of medical assistance in dying. Healthcare provisioners were required to report on all cases. The medical assistance in dying act entered into force in 2015, ensuring people had dignity at the end of their life. Since 2024, legislative amendments meant people who had serious physical disabilities could ask to have their lives ended, but they needed to comply with a number of provisions. The law did not allow access to medical aid for assisted dying for those with mental health challenges.
The delegation said persons with disabilities continued to experience unemployment and underemployment, and the Government was taking serious steps to address this. Under the Accessible Canda Strategy, the Government had committed to hiring 5,000 persons with disabilities by 2025 and it was on track to meet this target. Reliable data on sheltered workshops was limited in Canada, however, these kinds of workplaces were on the decline. The Canadian business inclusion network had the mandate to help employers adopt best practices for disability inclusion in the workplace.
Elisha Ram, Senior Assistant Deputy Minister at the Department of Employment and Social Development Canada and head of the delegation, said the Government of Canada shortened the key principle of “Nothing About Us Without Us” to “Nothing Without Us” in recognition that engagement should extend beyond disability or accessibility-specific initiatives. This acted as a guiding principle of the Government’s first-ever disability inclusion action plan and was enshrined within the accessible Canada act. Much progress had been made on accessibility at all levels of government, including through the Manitoba act; the accessible Saskatchewan act; and the accessible British Columbia act.
In closing remarks, Mr. Ram said Canada was honoured to mark the 15-year ratification of the Convention today. Since their last appearance before the Committee, Canada had made strides in ensuring a more accessible country for all Canadians. However, there was significant work to be done in the areas of poverty, unemployment and housing issues faced by persons with disabilities.
In his closing remarks, Markus Schefer, Committee Expert and Taskforce Member, expressed gratitude to the Canadian delegation for their engagement in the dialogue, and all those who had contributed to the dialogue. An intersectional approach was needed to account for the diversity of persons with disabilities in the country. Mr. Schefer wished Canada every success in its endeavours.
The delegation of Canada was comprised of representatives from Canadian Heritage; Indigenous Services Canada; the Government of Manitoba; the Government of Saskatchewan; Employment and Social Development Canada; Statistics Canada; the Government of Quebec; Global Affairs Canada; Immigration, Refugees and Citizenship Canada; Justice Canada; and the Permanent Mission of Canada to the United Nations Office at Geneva.
Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirty-second session and other documents related to the session can be found here.
The Committee will next meet in public at 3. p.m. on Tuesday, 11 March, to consider the combined second and third periodic report of the European Union (CRPD/C/QPR/2-3).
Report
The Committee has before it the combined second and third periodic report of Canada (CRPD/C/CAN/2-3).
Presentation of Report
ELISHA RAM, Senior Assistant Deputy Minister at the Department of Employment and Social Development Canada and head of the delegation, said 11 March would mark the fifteenth anniversary of Canada’s ratification of the Convention. Collaboration on disability rights was further advanced through the Forum of Federal-Provincial-Territorial Ministers of Social Services, which also included the Persons with Disabilities Advisory Committee. The Government of Canada shortened the key principle of “Nothing About Us Without Us” to “Nothing Without Us” in recognition that engagement should extend beyond disability or accessibility-specific initiatives. This acted as a guiding principle of the Government’s first-ever disability inclusion action plan and was enshrined within the accessible Canada act.
The Government had established engagement mechanisms that ensured ongoing representation of persons with disabilities, including a Ministerial Disability Advisory Group, disability advisory committees, and a board of directors. Ms. Ram recognised the recent losses of respected disability advocates Steven Estey and Laurie Beachell, whose work was integral to the implementation of the Convention.
The employment equity act was designed to achieve equality in federally regulated workplaces, by correcting the conditions of disadvantage experienced by designated groups, including persons with disabilities. To increase accountability and transparency, the Government also introduced the Equi’Vision Tool, to make pay gap data publicly available, making Canada the first country to share such information. In 2022, the Government launched its disability inclusion action plan, which was underpinned by the Convention. The accessible Canada act 2019 focused on priority areas, including employment, the built environment, and the design and delivery of programmes and services.
Much progress had been made on accessibility at all levels of government, including through the Manitoba act; the accessible Saskatchewan act; and the accessible British Columbia act. The Government launched the national action plan to end gender-based violence in 2022, a 10-year strategy that recognised the specific barriers faced by women and girls, indigenous women and girls, and individuals with disabilities. Intersectional considerations were also applied at the provincial and territorial levels, including through the Government of Quebec's plan d’action santé et bien-être des femmes, which provided specific measures to meet the needs and realities of women with disabilities.
In 2019, funding was provided to disability organizations to increase the Government of Canada’s knowledge of barriers experienced by persons with disabilities in exercising decision-making. Canada recently received the final report and was now working to assess the findings and next steps. In the Province of Manitoba, the Winnipeg Mental Health Court established pre-sentence services and supports for persons whose criminal involvement was a direct result of a mental health issue.
Another important issue was the legal framework surrounding medical assistance in dying. Canada’s medical assistance in dying framework had been designed to balance important values, including the autonomy and freedom of choice of individuals, and the protection of those who may be vulnerable, including persons with disabilities. There had been ongoing engagement with the disability community to hear their concerns about the potential for vulnerable persons with disabilities, who were not at imminent risk of death, to seek and obtain medical assistance in dying, when their suffering stemmed from unmet needs. This was a complex and sensitive issue.
In 2024, the Government announced its housing plan, which charted a holistic approach to addressing housing supply and affordability challenges. The Government was providing funding to the provinces and territories to deliver housing solutions which provided safe and affordable housing for persons with disabilities and other vulnerable groups. In the province of Manitoba, between October 2021 and December 2024, 108 individuals were transitioned to community-based supports, following the closure of the Manitoba Developmental Centre. The Province of Alberta’s 10-year strategy to improve and expand affordable housing aimed to address the unique needs of specific groups and to protect vulnerable persons with multiple barriers to accessing housing, including persons with disabilities.
Through international assistance, Canada funded several initiatives aimed at reducing poverty and promoting and protecting the rights of persons with disabilities. This included countering discrimination against women and girls with disabilities in the education sector, increasing independent living opportunities for persons with disabilities, and improving the wellbeing of caregivers who provided support to persons with disabilities. Canada would continue to enhance its disability data strategy by updating disability indicators to provide more accurate, disaggregated data, enabling better alignment of programmes and services with the goals of the Convention. Canada had made progress in promoting the rights and inclusion of persons with disabilities but knew there was more to be done.
Statement by the National Human Rights Institution
CHARLOTTE-ANNE MALISCHEWSK, President of the Canadian Human Rights Commission, said it had been encouraging to see action on key issues that impacted disability communities in Canada, including legislation relating to accessibility, housing and financial supports. However, there was still much work to be done. Canada’s approach to disability rights needed to be improved; there needed to be more meaningful data, including for intersectional groups of people with disabilities. People with disabilities did not feel heard, particularly those living in prisons, institutions or those experiencing homelessness.
Socioeconomic inequality was another issue; too many people with disabilities in Canada lacked access to the basic supports and services, including health care, medication and equipment. Some persons with disabilities were turning to medical assistance in dying because they felt they had no other options, which was terrifying. The Commission remained concerned about Canada’s lack of progress in implementing the recommendations from the international human rights system, including from the Committee. Canada needed a strong framework for implementation and monitoring to drive meaningful and coordinated progress, and to meet its obligations.
Questions by Committee Experts
ROSEMARY KAYESS, Committee Expert and Leader of the Taskforce for Canada, said today was a poignant reminder of her friend and colleague Steve Estey whose passing in September 2023 was a sad loss to the Canadian and the disability rights movement globally. Canada shared many similarities with Australia, where Ms. Kayess was from. It was important to ensure that in federated states, the implementation of the Convention extended to all regions without any limitations or exceptions. This dialogue would assess the successes or failures of Canada’s cooperative federalism in ensuring the rights of persons with disabilities in Canada.
MARKUS SCHEFER, Committee Expert and Taskforce Member, asked if the State party had any plans to fully incorporate the Convention into its domestic law? How was it ensured that necessary legislation on social rights was passed to fulfil obligations under the Convention? Was the Convention also a matter of the courts? Was there a comprehensive action plan geared towards designing legislation on the federal and territorial level? To what degree were persons with disabilities involved in measures trying to implement the Convention in the complex federal system? Was there a mechanism that was legally entrenched in which organizations of persons with disabilities in all their varieties were actively involved, and which had the power to set the timelines for the implementation of the Convention?
The United Nations Declaration on the Rights of Indigenous Peoples was law in Canada. However, it seemed unclear to what extent the Convention applied to First Nations peoples. Could the delegation clarify this? The situation of women and girls with disabilities in Canada was considerably worse than that of men, including due to exposure to violence, poverty and homelessness. Was there a mechanism in which the rights of women with disabilities were systematically included in policy measures geared towards persons with disabilities?
It was striking that the disability act did not consider children with disabilities; why was this? Canada was planning to extend the current rules of assisted suicide to children with disabilities in certain circumstances. Did the State party conduct children’ rights impact assessments to its laws and policies on a general basis? Were the State party’s support measures to children with disabilities sufficient?
Canada lacked comprehensive and accurate data on persons with disabilities, according to information received by the Committee. How was Canada doing with data collection for the purposes of devising policies for persons with disabilities?
Did the State party agree with the recommendation of civil society to develop and adopt a new national framework for international human rights implementation? Were there concrete plans to move in this direction? Did the State party have any plans to remedy the funding situation of the Canadian Human Rights Commission, to ensure it could monitor the situations of all persons with disabilities?
Responses by the Delegation
The delegation said Canada’s Constitution divided powers among federal, provincial or territorial governments; therefore, it was not possible for the Convention to be fully implemented through one national law or policy. The provisions were implemented by their combined effect of legislative and administrative measures adopted by all jurisdictions in Canada. Several mechanisms, including the Supreme Court of Canada, ensured consistency of respect for human rights standards by all Governments. The federal and territorial ministries collaborated and met regularly to ensure intergovernmental cooperation on issues related to persons with disabilities. The territorial councils on human rights prepared Canada for its review by different treaty bodies and monitored compliance with the treaties.
The Manitoba act aimed to remove barriers for persons with disabilities to employment, accommodation and transportation. Several standards were enacted under the act, including the accessible employment standard, the accessible communication standard, and the accessible transportation standard. In domestic courts, the Convention served as an important interpretive tool. Canada’s obligations under the Convention could lead to laws being struck down if they were inconsistent with it.
There had been significant progress made since 2017 to advance the objectives of the Convention. At the federal level, there was the disability inclusion action plan launched in 2022, ensuring persons with disabilities were fully integrated into the social and economic life of Canada. Key actions launched following the plan included the Canda disability benefit, which would be delivered later this year, and the employment strategy for persons with disabilities. There were several regular meetings held yearly between the federations and collaborative bodies to discuss disability issues. There were only two provinces in Canada which did not have disability legislation. The establishment of the Saskatchewan accessibility office was responsible for advising the Minister of Social Services related to the disability act and was available for citizens to discuss barriers they faced in society.
The Government recognised the importance of engaging the disability community to develop inclusive policies, initiatives and programmes. The Government funded the development of a Canadian civil society report. National indigenous organizations also received funding for their own parallel reports. The “Nothing Without Us” principle put forward that before any legislation was finalised there must be consultations and engagements with the groups with whom it concerned, and this included persons with disabilities. This had been seen during the development of the disability act.
The Convention applied to all matters related to persons with disabilities, including First Nations and indigenous persons. Canada took the issue of violence against women and girls with disabilities very seriously, and was committed to ensuring the safety and security of all women and girls with disabilities. The Government had taken an assessment of accessibility gaps with over 425 organizations in the shelter system, summarised into a report that identified nine common gaps or barriers and areas for improvement. The national action plan recognised women and girls with disabilities as a group at risk of gender-based violence. In 2021, an act which aimed to establish a specialised court was adopted.
In June 2023, an assessment tool was launched to support civil servants to take into account and assess all ramifications of an act, programme, policy or initiative on children. The tool could help in the identification of repercussions of an initiative on First Nations children, recognising the repercussions may be different for that group compared to another group. A gender-based analysis was used to assess any effect of a potential new federal measure against certain groups, including children. More work could always be done to support children with disabilities and the State was open to continue discussions with the international community on areas which could be improved.
Canda was committed to evidence-based decision making, and data was something the State took seriously. The Canadian survey on disability was collected every five years, and was a key data collection tool used by the State. It was important to strike a balance between the burden placed on respondents and the importance of information needs. Canada was in the process of implementing a disaggregated data action plan to prioritise intersectionality in analysis. One of the accomplishments of this work had been the ability to produce annual indicators related to labour and market outcomes for persons with disabilities.
There was a process in place to renew funding for the Human Rights Commission, which received its funding in five-year cycles. Canada’s report and the observations of the Committee were accessible through a Government portal dedicated to human rights. Engagement with civil society and indigenous representatives was a priority. The Federal Government had established mechanisms for tracking recommendations from treaty bodies. Canada had strengthened its coordination, transparency and collaboration, recognising there was more to be done to ensure it met its human rights obligations.
Questions by Committee Experts
A Committee Expert asked if the Government had carried out a gender-based analysis? Did representatives of women and girls with disabilities participate directly in the work of the Department of Women and Gender Equality?
Another Expert said there was extensive willingness to allow medical assistance in dying in Canada’s Criminal Code. The Code put disability as one indication for justification of “mental or psychological pain a person could not tolerate”. On what basis was it decided that disability could be accepted as a justification to ask for legal assistance for suicide? When mental health was excluded from the Code, would bullying or stigma as a result of a physical disability be permitted? How did the State ensure that persons with intellectual disabilities, including Down syndrome, autism, or multiple disabilities were provided with supported decision-making?
A Committee Expert asked what the current situation was in Canada with the provision of assistive technology for persons with disabilities?
ROSEMARY KAYESS, Committee Expert and Leader of the Taskforce for Canada, asked if measures had been taken to ensure indigenous persons with disabilities were involved in the implementation of the action plan?
A Committee Expert asked to what extent women and girls with disabilities were included in issues of persons with disabilities? To what extent were women and girls with disabilities involved in the design of the strategy to combat violence against women and girls?
Another Expert said most programmes and support offered to children and their families was administrated at the provincial level. Most provinces had long waiting lists, including families waiting for over 24 months for an assessment for rehabilitation services. What actions was the Government taking to ensure that service offerings were coordinated and consistent across territories?
An Expert welcomed the large amount of accessibility legislation being reported. What was the difference between Canadian legislation and how it regulated the right of persons with disabilities to access services on an equal basis with others? What were the timeframes to turn the accessibility standards in the accessible Canda act into regulations as provided by law? What were the numbers of private companies that submitted accessibility plans, compared to the resources in the Government to supervise the plans and provide feedback and improvement measures?
A Committee Expert asked how many technical experts the Government had who specialised in universal accessibility? What were the plans at the local council level on universal accessibility? In Canada, were there clear markers to track international cooperation programmes to ensure they were inclusive for persons with disabilities? How was it ensured that all forms of international cooperation, including in military aspects, did not create harm for persons with disabilities?
An Expert asked for specific measures in place to address those with Down syndrome? How was it ensured that these individuals were not excluded from society?
Was there a mechanism to provide periodic training for civil servants on the Convention?
Responses by the Delegation
The delegation said the Department of Women and Gender was responsible for ensuring that this group’s issues and interests were reflected in Government policy. Accessibility was a multi-jurisdictional responsibility in Canada. The Government was committed to collaboration with provinces and territories and supported federal and territorial information sharing and collaboration on accessibility issues. There were no timelines for the adoption of standards into regulations. Once they were finalised, an assessment was undertaken which was then supplied to the Minister, who would move forward on the regulatory process.
The Government had a range of initiatives to help persons with disabilities access assistive technologies, including tax credits and medical supplements. Students with disabilities were supported to access assistive technologies through grants.
Questions by Committee Experts
ROSEMARY KAYESS, Committee Expert and Leader of the Taskforce for Canada, asked if the Quebec judgement was seen as a step back into State-based eugenics programmes? It was concerning that persons with disabilities sought access to medical assistance in dying due to unmet needs, which was a systemic failure of the State party. The disproportionate impact of these failures, which included poverty, and a lack of access to employment and services, underpinned the so-called choice for seeking medical assistance in dying as an alternative. How was this not State-sanctioned euthanasia? If choice was the trigger, why was there not also a focus on addressing the support that person needed, which would take them away from social isolation where they perceived dying as the only option they had?
There was evidence that persons with disabilities were excluded from emergency responses; could specific details about disability inclusion in Canda’s national adaptation strategy be provided? What about actions on the opioid overdose?
What was the State party doing to address the issue of environmental racism? How were disability rights being included in the implementation of the racism and environment act?
Why was Canda not taking the lead in implementing models which promoted alternatives to substituted decision-making? What prevented the State party from withdrawing its reservation to article 12? What were the barriers to taking the good practices that happened in Canada and nationalising them, while developing a more nationally consistent supported decision-making mechanism?
What measures had the State party taken to amend or repeal legislation which restricted the legal capacity of persons with disabilities? It was not about whether a person was fit to stand trial, but whether the justice system operated in a way to allow them to access justice. How could people be supported to access information and to make decisions through the trial process? Diverting people into treatment or administrative detention meant people could end up spending much longer in custody than for the crime they were accused for.
Were there national protocols to ensure consistency for assessing procedural accommodation requests? Was there training for the justice system to address the pathology of disability? Were there privacy protections for the disclosure of information?
Responses by the Delegation
The delegation said medical assistance in dying was a deeply complex and personal issue and there had been continued debate under the circumstances under which it should be available. The Government was continuing to enhance its monitoring of the provision of medical assistance in dying. Healthcare provisioners were required to report on all cases. Overall, the analysis of the community was that people who received medical assistance in dying did not necessarily come from lower-income communities. The medical assistance in dying act entered into force in 2015, ensuring people had dignity at the end of their life. Since 2024, legislative amendments meant people who had serious physical disabilities could ask to have their lives ended, but they needed to comply with a number of provisions. The law did not allow access to medical aid for assisted dying for those with mental health challenges.
It was acknowledged that a lot more needed to be done. Individuals with disabilities had much higher rates of poverty and unemployment. Canada was committed to mainstreaming the needs of persons with disabilities into all aspects of programming. Work was being done in this area, and the Government was open to feedback from the community. Enhanced safeguards had been put into place which included that at least one practitioner must have expertise in the medical condition causing a person’s suffering, and if not, they must consult with one who did. The patient must also be informed of alternatives to ease their sufferings and provided with such support. Two practitioners needed to be satisfied that a patient had given consideration to those means.
It was recognised that Canadians with disabilities faced disproportionate impacts from climate change. The Government was developing a national standard which focused on the barriers persons with disabilities faced in emergency measures. The emergency preparedness guide for persons with disabilities supported persons with disabilities and care givers to actively prepare for emergencies at the household level. The Saskatchewan safety agency had developed the Saskatchewan evacuation app, which was available in easy-to-use format.
The Government of Canada was committed to inclusive climate action that prioritised the rights and needs of persons with disabilities. The Government engaged with a wide range of stakeholders, including persons with disabilities, to ensure their perspectives were reflected in climate-adaptation planning.
The vast majority of persons with disabilities in Canada had full decision-making authority, with substituted decision making used as a measure of last resort. British Colombia and Saskatchewan had many supported safeguards protecting against abuse of substituted decision-making. Canada had no plans to remove its reservation to article 12, as there would continue to be instances where it was not possible to ascertain a person’s will and preferences.
Everyone charged with a criminal offence in Canada had the right to a fair trial. There was no plan to repeal or amend the law regarding individuals who were unfit to stand trial. If a person was found unfit to stand trial, attempts would be made to make them fit. Involuntary treatment was authorised in narrow circumstances on the basis that it was in the best interest of the accused. Canadian law set out safeguards to prevent indefinite detention.
All Canadian provinces operated publicly funded legal aid programs. The Government had increased its funding to support the delivery of legal aid. There were two acts relating to privacy: the privacy act and the personal electronic act.
Questions by Committee Experts
MARKUS SCHEFER, Committee Expert and Taskforce Member, reading questions on behalf of ROSEMARY KAYESS, Committee Expert and Leader of the Taskforce for Canada, said Governments across Canada continued to authorise involuntary detention and treatment for persons with psychosocial disabilities. Could the delegation explain if there were any measures to review and repeal laws which authorised involuntary detention and treatment? Would work be done to identify the systematic drivers behind the increase in this practice?
There were systemic flaws within the immigration and refugee act, including the lack of support for persons with disabilities. It was concerning that persons with psychosocial disabilities could be contained in asylum detention or solitary confinement.
The ongoing practice of coerced sterilisation of persons with disabilities was concerning, including for indigenous persons or intersex children. Had the State party taken any steps to end this practice?
Had any measures been taken to repeal the provision on excessive demand in the immigration and refugee act?
Was there a national deinstitutionalisation strategy which ensured that persons with disabilities would not have to live in institutions? What measures were taken to adequately resource indigenous communities?
Responses by the Delegation
The delegation said as part of authorisation for medical assistance in dying, the patient must be informed of alternative means to alleviate the dying and be offered consultations with relevant professionals of such care.
Canada would be consulting across the nation with provincial partners and indigenous representatives on issues, including forced sterilisation of indigenous women and the rights of indigenous women with disabilities. The Congress of Aboriginal Peoples was crucial to ensuring indigenous voices were at the centre of the response to Daniel’s decision. In 2024, the Government provided 150 million dollars over three years for indigenous communities to provide a rapid response to the substance use and overdose crisis. Funding was provided to community-led and indigenous organizations for a wide range of projects across the continuum of care. Saskatchewan had a public alert system used in cases of suspected overdoses and was investigating innovative steps to combat opioid trafficking, including provincial penalties of up to one million dollars in some cases.
In Canada, most mental health care was received voluntarily, either in the community or in hospitals. Anyone admitted involuntarily had the right to be informed about their situation and could challenge it before independent review boards. Bodies, including the Human Rights Commission, provided oversight and ensured accountability.
Canada worked to ensure that conditions of detention met the highest possible standards, with detention to be avoided for persons with disabilities. Canada did not detain asylum seekers or migrants because they made a refugee claim; this was a last resort, when the individual presented a danger to the public or was a flight risk. Work had been done with provincial partners to house high-risk individuals who could not be housed in immigration holding centres. Ontario was now the only province housing detainees on behalf of the Canada border service agency.
Canada recognised the harm caused by forced sterilisation procedures, which were a violation of human rights and demonstrated racism. Canada’s Criminal Code prevented all forced surgeries, including sterilisation which carried a maximum of 14 years imprisonment. The Government had written to the provinces to take a collaborative approach to this issue, and had also funded indigenous organizations to support their ongoing work on forced sterilisation. The laws permitting forced sterilisation had been repealed since 1993.
Canada had health admissibility provisions for immigration applicants, designed to account for the impacts of Canada’s public funded health. A foreign national could be denied application if they had a health condition which could cause excessive demand on public health. In 2018, the cost had been tripled. The act exempted certain applications from the excessive demand provision on humanitarian grounds.
Canada was making an investment of 115 billion dollars in 10 years in housing, prioritising housing for persons with disabilities and other vulnerable groups, to cut chronic homelessness in half.
Questions by Committee Experts
A Committee Expert said it was concerning that the deaths of persons with disabilities was increasing in the medical assistance in dying context, sometimes taking place in a secret fashion. Could the delegation explain the situation? What was being done to avoid the sending of weapons to the United States, which were then harming the Gazan population? Were there bodies in place to facilitate the rights of persons with disabilities in institutions, to prevent torture? Had the draft bill S2/50 already been adopted, to avoid forced sterilisation of indigenous women and women with disabilities?
An Expert asked what criteria was used for medical assistance in dying? Could a deaf or blind person access this procedure?
Another Expert said the Committee had recommended introducing sign language interpretation; what progress had been made in this area?
A Committee Expert said it was alarming that some Canadians with disabilities were being placed in a position when ending their lives was a more accessible option than receiving the support they needed to live their lives with dignity. What steps was the Government taking to ensure that persons with disabilities were not left with medical assistance in dying as their only option?
MARKUS SCHEFER, Committee Expert and Taskforce Member, asked what the State party was doing to prevent arms re-export from the United States? There was evidence that structured intervention units perpetuated solitary confinement conditions in prisons. What had been done to tackle this?
An Expert asked if there was a programme allowing persons with disabilities to set up mutual support organizations?
Responses by the Delegation
The delegation said Canda had one of the strongest export control systems in the world, with all expert permit applications for controlled items reviewed on a case-by-case basis. Export applications would be denied if there was a substantial risk that it could facilitate violating human rights laws. Canada had suspended new permits for military items destined for Israel to ascertain whether the items could be used in a way that contravened Canada’s international objectives.
Currently persons who wished to receive medical assistance in dying needed to be 18 years or older and have decision-making capacity to be eligible for publicly funded health care services, make a voluntary request which was not the result of external pressure, and have an egregious medical condition or an incurable disease, or be experiencing intolerable physical or mental suffering. Medical assistance in dying was not currently available for persons whose sole reason for seeking the procedure was a mental illness, including for depression or personality disorders. In March 2027, the temporary exclusion for mental illness would be lifted, but a comprehensive review would be conducted before this occurred.
The Government of Canda had translated and published the Convention into American and Quebec sign language.
Canada was firmly committed to complying with and strengthening international law. Canda’s export control regime was fully compliant with the arms treaty and humanitarian and human rights law. A permit was required if goods were being exported to a third party when they left Canada.
Canda’s homelessness strategy provided First Nations with direct support to their communities. Canda had been working with indigenous and Inuit communities to develop an improved framework which would include provisions for persons with disabilities.
Questions by Committee Experts
FLOYD MORRIS, Committee Expert and Taskforce Member, asked how many persons with disabilities had benefitted from the Video Relay Service? Why were the accessibility standards 2015 only for large public organizations? How many persons with disabilities had been able to adopt children in Canada?
Could a breakdown of the number of students with disabilities at primary, secondary and post-secondary levels of the education system be provided? Were there cases where a student could be removed from an educational setting due to safety reasons? How was the State party working towards inclusive education for children with high-level support needs? What support measures were provided for students with disabilities? What was the extent of support given to students in terms of assistive technology? Was there a mechanism to monitor and track inclusive education?
Dementia was said to be one of the fastest growing types of disabilities in Canada. What was being done to increase research on this condition and provide support to persons living with the condition, and to their families? Was there a mechanism to train health professionals in the human rights approach to disability, and on trends of disabilities such as dementia?
How many persons with disabilities were currently employed? The country spent millions on the employment of persons with disabilities; what strategies would be put in place to measure the outcomes from these initiatives? Could the Committee be updated as to the current situation of sheltered workshops in the country?
It was commendable that the Government had established the Business Development Council to facilitate the inclusion of persons with disabilities in the labour market, but it would also be beneficial to provide support to micro and small businesses.
Could an update be provided on the Poverty Reduction Strategy and how it related to persons with disabilities? How was it ensured that persons with disabilities did not fall below the poverty line in Canada? How would the Government deal with the issue of social housing for persons with disabilities? Canda’s disability payment of 200 dollars a month was relatively inadequate to deal with the daily needs of persons with disabilities. The State was urged to re-examine this payment.
Canada should be commended for the plethora of voting measures put in place to accommodate persons with disabilities. What measures were in place to consistently educate persons with disabilities on their voting rights and their ability to participate in public life? How many persons with disabilities were involved in politics and public office?
Responses by the Delegation
The delegation said the Video Relay Service was a free service being provided by the Government; there were no figures available on how many persons with disabilities were using this service. Accessibility Standards Canada had recently adopted the European standard for information, communication and technologies and was in the process of developing regulations based on that standard.
The school network in Canada was committed to an inclusive system at all levels. Support measures were available outside the classroom, funding individual support for children with disability needs. Early childhood intervention programmes in Saskatchewan offered a network of support for families of children up to six years of age who had development delays, with recommendations tailored to each individual child’s needs.
In April 2019, a new approach was launched to better deliver education from a provincial and territorial perspective. The new approach was dependent on regional funding formulas, taking into account the specificities of First Nations communities, including location and remoteness among others. Schools with children with profound learning disabilities were eligible for additional funding from the Government. The Government also provided post-secondary school funding for indigenous students, including those with disabilities. There was no Ministry of Education at the federal level, given education was largely provincial and territorial.
Persons living with dementia could meet the definition of living with a disability. The national dementia strategy was released in 2019, which aimed to improve the quality of life of those living with dementia and their caregivers. The Dementia Community Investment Fund, launched in 2018, sought to provide support to community-based programmes targeting dementia. The provinces also had programmes in place to help those living with dementia, including a rural and remote clinic for complex cases of dementia and dementia assessment units.
Persons with disabilities continued to experience unemployment and underemployment, and the Government was taking serious steps to address this. The 2022 survey on disability showed that 62 per cent of persons with disabilities were employed compared to 59 per cent in 2017. The survey showed that those with severe disabilities had a much lower employment rate than those with mild disabilities. Under the Accessible Canda Strategy, the Government had committed to hiring 5,000 persons with disabilities by 2025 and was on track to meet this target. Reliable data on sheltered workshops was limited in Canada; however, these kinds of workplaces were on the decline. The Canadian business inclusion network had the mandate to help employers adopt best practices for disability inclusion in the workplace.
Canada’s first poverty reduction strategy was launched in 2018, aiming to reduce poverty by 50 per cent in 2030. Traditionally, income support for persons with disabilities was a provincial and territorial responsibility. Canada’s national housing strategy aimed to ensure that more people living in Canada had access to safe and affordable housing, and recognised persons with disabilities as a target population. The plan would provide standardised housing design, reducing the time required for design approvals and the construction of new housing.
There were networks which reached out to voters with disabilities to help them participate in public events. Canada collaborated with the disability community through the Elections Advisory Group for Disability and worked with 800 partner organizations, sharing voting information in accessible format to encourage participation in electoral events. Officers dedicated to accessibility were deployed nationwide during elections to enable barrier free voting for all citizens.
Questions by Committee Experts
A Committee Expert asked if there was a budget allocated to ensure compliance with the Convention? How many training programmes for teachers for inclusive education were being supported? Did Canada have accessible tourism programmes in place?
An Expert asked about the right to vote for people with Down syndrome?
Another Expert said across Canada, children with disabilities were put into institutions, group homes or foster care, as opposed to staying with their families. Financial support provided by the State was minimal. What steps was the State putting in place to provide adequate support for families?
A Committee Expert asked what percentage would the 5,000 persons with disabilities represent in the public sector? Were there programmes in place to ensure they could pursue professional development in the workplace?
An Expert asked if disability benefits targeted the compensation of particular costs associated with persons with disabilities?
Another Expert said the Committee had received information that families had waited more than 24 months to be referred to rehabilitation services. How long did it take for people, including children, to be referred to rehabilitation services? How did Canada plan to change this situation?
A Committee Expert asked about the contribution from the public fund and the provisions regarding the test to eliminate embryos detected with T21, T18 or T13? How was this permitted when it was in full contradiction with the Convention? What measures were in place to ensure the right to custody for persons with disabilities?
Responses by the Delegation
The delegation said over 1.4 billion Canadian dollars had been invested in international assistance programmes which significantly focused on the rights of persons with disabilities. Canada was supporting the United Nation’s partnership on the rights of persons with disabilities to increase independent living for persons with disabilities in countries, including Colombia, Kenya, Mozambique and Panama. In Ukraine, the Government had provided technical assistance and support to the Government’s safe evacuation and return processes, so the needs of children in care, including those were disabilities, were met.
The Government of Quebec had rolled out a programme for leisure activities for persons with disabilities, encouraging them to participate in leisure activities such as sport. The Canadian Government had engaged in consultation on the drafting of a national strategy on care provision.
Canada’s public service workforce was approximately 368,000 people and was committed to ensuring all persons had equal access to employment opportunities.
Closing Remarks
A representative from the National Human Rights Commission thanked the Committee and paid tribute to its tireless efforts to further the rights of persons with disabilities in Canada and all around the world, and also thanked Canada for its involvement. It was hoped the dialogue would serve as a vehicle to improve the lives of persons with disabilities in Canada. It was important to ensure that the voices of persons with disabilities, indigenous persons, women, young people and lesbian, gay, bisexual, transgender and intersex persons were heard when developing an intersectional approach. Civil society should be thanked for shining the light on the needs of persons with disabilities in Canada.
ELISHA RAM, Senior Assistant Deputy Minister at the Department of Employment and Social Development Canada and head of the delegation, said Canada was honoured to mark the 15-year ratification of the Convention today. Mr. Ram was grateful to all those who had contributed to the dialogue. Since their last appearance before the Committee, Canada had made strides in ensuring a more accessible country for all Canadians. However, there was significant work to be done in the areas of poverty, unemployment and housing issues faced by persons with disabilities. Canada would continue to apply and enhance its intersectional approach to policy and design, and engage with stakeholders and partners to address these issues. Canada eagerly awaited the Committee’s concluding observations.
MARKUS SCHEFER, Committee Expert and Taskforce Member, expressed gratitude to the Canadian delegation for their engagement in the dialogue, and all those who had contributed to the dialogue. The dialogue would have been more fruitful if there was less reliance on prepared statements which frequently did not answer the Committee’s questions. Unfortunately, much of the change committed by the State party was still premised on an ableist concept. Laws and policy frameworks remained which denied autonomy rights, and the right to self-determination. There was an urgent need for effective mechanisms at the national level, to ensure a consistent approach across the federal government provinces and territories which could unpack this ableist approach. An intersectional approach was needed to account for the diversity of persons with disabilities in the country. Mr. Schefer wished Canada every success in its endeavours.
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