PART III - Measures Adopted by the Government of Canada

Article 2 : Policy and programme initiatives

Aboriginal Issues

• In 1998, Canada responded to the report of the Royal Commission on Aboriginal Peoples with Gathering Strength - Canada's Aboriginal Action Plan, a fully integrated, long term government-wide strategy designed to improve the quality of life for Aboriginal people and promote self-sufficiency. The strategy envisions a new partnership between Aboriginal people and other Canadians; the long term goal is to work together to ensure that Aboriginal people enjoy a quality of life comparable to that of other Canadians.
  
  
• The Government of Canada also offered the Statement of Reconciliation as an element of Gathering Strength, which acknowledged its role in the development and administration of the residential school system. To the victims who suffered physical and sexual abuse at residential schools, the Government said that it is deeply sorry. In December 2000, an apology was also delivered to the Nuu-chah-nulth people of British Columbia to demonstrate Canada's commitment to reconciliation and healing.
  
  
• As part of Gathering Strength, the government committed $350 million in support of a community-based healing strategy to address the healing needs of individuals, families and communities arising from the legacy of physical and sexual abuse at residential schools. In May 1998, the Aboriginal Healing Foundation was formally launched. The Foundation was created to design, implement and manage the healing strategy, including providing financial support to eligible community-based healing initiatives that complement existing Aboriginal and government programmes. It is an Aboriginal-run, non-profit corporation which operates at arm's length from the Government, and funds proposals from First Nations, Inuit and Métis affected by the legacy of physical and sexual abuse in the residential school system. As of May 2001, 2008 applications had been received by the Foundation. Of these, 463 have been approved and funded, 161 are conditionally approved, awaiting signed agreements, and over 300 more are currently being processed.
  
  
• The priorities outlined in Gathering Strength were refined with the January 2001 Speech From the Throne, which outlined a commitment to strengthening Aboriginal entrepreneurship and business expertise to bring about strong, self-sufficient Aboriginal communities. The Government pledged support for Aboriginal communities in strengthening governance, and promised to work to ensure that basic needs are met for jobs, health, education, housing and infrastructure.
  
  
• Indian and Northern Affairs Canada (INAC) offers a range of national programmes which support greater Aboriginal participation in the Canadian economy. In May 2000, INAC made available an additional $75 million for strategic investments in economic development for the fiscal year 2000-01 and pledged a further $25 million for the fiscal year 2001-02; increasing total funding for economic development to $100 million and approximately $120 million respectively. INAC's main approach is to work in partnership with Aboriginal people, as well as the private sector, provincial/territorial and municipal governments, and other partners to enhance First Nations and Inuit access to capital and natural resources, provide skills training and workforce experience, and assist Aboriginal businesses take advantage of economic development opportunities.
  
  
• Since 1989, Aboriginal Business Canada, part of Industry Canada, has been dedicated to working with Aboriginal entrepreneurs to promote the development, competitiveness and success of Aboriginal business in Canadian and world markets. There are over 20,000 Aboriginal businesses in Canada, active in every sector of the economy. Aboriginal Business Canada has worked with over 5,000 firms, providing financial and non-funded support. Programme investments of over $300 million have led to an infusion of almost a billion dollars into the Aboriginal private sector. A 1996 study found that in the 1,341 firms studied, including start-ups, expansions, modernizations, and acquisitions (each with at least two full years of operation), the equivalent of 5,875 full-time jobs were provided for Aboriginal and non-Aboriginal Canadians.
  
  
• Canada also has numerous programmes designed to promote and protect Aboriginal culture. These are detailed in Canada's report under the International Covenant on Economic, Social and Cultural Rights.

Treaty Issues and Comprehensive Claims

• The Government of Canada notes the concern expressed by the Committee regarding the length of time it is taking to further define aboriginal rights to land and resources across Canada. The modern treaties negotiation process often involves the resolution of fundamentally different conceptions of the nature of Aboriginal rights held by Aboriginal groups and governments. Negotiating modern treaties includes building trust between the parties, a process which cannot occur through a hurried process. Court decisions often result in all parties re-examining mandates and changing approaches to negotiations. The items negotiated are complex and cannot be concluded in a hasty or arbitrary fashion. Third party consultations and negotiations are time-consuming and necessary. Changes in government at the federal, provincial and First Nations levels occur with regularity during the negotiation process and generally slow the pace of negotiations. Finally, litigation brought on by Aboriginal groups can, under certain circumstances, result in the suspension of negotiations.
  
  
• There are several strategies currently being used to expedite the claims settlement process, including interim arrangements and treaty related measures (tools which allow interim access to resources or deal with critical issues that may be reflected in future treaty arrangements), and holding federal surplus crown lands for eventual inclusion in a final settlement. INAC has also initiated and supported the Negotiations Preparedness Initiative, which enhances the capacity and expertise of Aboriginal groups who have asserted a land claim to prepare for negotiations on the land and resource components of their comprehensive claim settlements.
  
  
• In 1999, the creation of Nunavut transformed the map of Canada. One fifth the nation's land mass, Nunavut is formed from 2 million square kilometres carved out of the eastern and central sections of the vast Northwest Territories. The population of the new territory is 85 percent Inuit. The 1993 Nunavut Land Claim Agreement was a pivotal step leading to the creation of the territory. Training and development of public servants started following the implementation of the Land Claim Agreement, and such programmes continue to be a driving force in Nunavut's evolution to self-sufficiency. The Government of Canada committed about $40 million for the recruitment and skills upgrading of Nunavut public service employees.
  
  
• In February 2001, the Government of Canada announced a long-term process to address issues raised by the decision in the Marshall case; a decision which potentially affects 34 Mi'kmaq and Maliseet First Nations in the Atlantic region. The Government of Canada, the provinces and Aboriginal peoples have met on different occasions to discuss the effects of this ruling. The proposed long-term processes would give the parties the opportunity to explore issues fundamental to their relationship, and would hopefully lead to agreements setting out the scope and nature of Mi'kmaq and Maliseet First Nations' potential rights to land, resources and self-government. The federal government continues to be open to discuss and design processes for negotiations leading to final agreements and implementation plans which would address the circumstances, needs and interests of all involved parties. A complementary initiative is being carried out by Fisheries and Oceans Canada (DFO) to facilitate the immediate participation of First Nations affected by the Marshall decision in the commercial fishery.
  
  
• The British Columbia Treaty Commission (BCTC) - an impartial, arms-length organization responsible for co-ordinating treaty negotiations - continues to operate and provide dispute resolution assistance when requested. The treaty negotiation process is open to all First Nations in British Columbia, and there is no requirement for a First Nation to demonstrate continuing use of resources in order to begin negotiations.
  
  
• To date, 53 First Nations (127 Aboriginals groups), representing over 70 percent of BC's Aboriginal population, are negotiating treaties. Of these, four are in early stages of negotiations, four are negotiating a framework agreement, 43 are negotiating an agreement-in-principle, and one is in negotiations to finalize a treaty. In March 2001, two First Nations, the Nuu-chah-nulth Tribal Council and the Sliammon First Nation, initialled agreements-in-principle with Canada and British Columbia, but community votes held after initialling did not support ratification.
  
  
• The BCTC's most recent annual report indicates that while there is a solid foundation for treaty making in British Columbia, urgent action is necessary if treaty making is to survive growing public skepticism, First Nation's disapproval and a province-wide referendum on the British Columbia government's guiding principles for treaty negotiations. The BCTC has called for an "incremental approach" to treaty-making in British Columbia in which all parties would negotiate more interim protection measures, intensify high level talks on major issues common to all tables, negotiate "slim" agreements in principle, give priority to governance initiatives, and allow First Nations "time-outs" to develop their governance and vision. All parties to the BC treaty process announced that these recommendations would form the starting point for discussions on how to reinvigorate the process.
  
  
• Progress on comprehensive claims is also being made elsewhere. Fourteen comprehensive claim agreements have been signed since the announcement of the federal government's claims policy in 1973. In 2000, Royal Assent was given to the Nisga'a Final Agreement. This agreement sets aside 2,019 square kilometres of the Nass River Valley in British Columbia as Nisga'a Lands and establishes a Nisga'a Central Government with jurisdiction similar to that of other local governments. The Nisga'a will own and have rights to natural resources, and will receive $253 million over 15 years. The land and resource components of the Agreement, combined with enhanced local decision-making powers, will allow the Nisga'a to be more self-reliant and participate more fully in the economy.

Specific Claims

• A specific claim exists when a First Nation establishes that its grievance gives rise to a lawful obligation through: the non-fulfilment of a treaty or another agreement between First Nations and the Crown; the breach of an Indian Act or other statutory responsibility; the breach of an obligation arising out of government administration of First Nation funds or other assets; or, an illegal sale or other disposition of First Nation land by government.
  
  
• Settling specific claims brings long-term benefits to both First Nation members and their neighbours. The cash and sometimes land and cash settlements enable First Nations to strengthen the social and economic well-being of their communities, encouraging investment and promoting development both on First Nation lands and in surrounding communities. Between June 1997 and May 2001, there were 55 specific claims settled at a value of $394.5 million. Within that group of 55 claims, there were settlements involving 332,000 hectares of land.

Self-Government

• The Government of Canada continues to act on the premise that the inherent right of self-government is an existing Aboriginal right within section 35 of the Constitution Act, 1982, and continues to negotiate self-government arrangements with Aboriginal groups across the country, either as part of the comprehensive claims process or as a distinct negotiation process. As examples, self-government agreements-in-principle have been signed between Canada and: Manitoba and the Sioux Valley Dakota Nation; Saskatchewan and the Meadow Lake Tribal Council and the Meadow Lake First Nations; and a self-government agreement has been completed with the Westbank First Nation in British Columbia. Progress has also been made with the Federation of Saskatchewan Indian Nations and the Nunavik Commission (Nunavik is Quebec's arctic region, and its inhabitants include Inuit, Naskapi and Cree).

Aboriginal Peoples and the Justice System

• The Diversity and Gender Equality Office of the Department of Justice collaborated with the Métis National Council of Women, Pauktuutit Inuit Women's Association, and the Native Women's Association of Canada to convene the first Aboriginal Women's Justice Consultation. It was funded by the federal Voluntary Sector Initiative and was held in September 2001. The Consultation focused on five areas: a gender analysis update from key federal departments in terms of the impact on Aboriginal women; restorative justice; treatment of Aboriginal peoples by the justice system; family law; and a model of Strategic Planning based on Aboriginal values.
  
  
• The Government of Canada is working in partnership with Aboriginal communities, the provinces and territories, to help ensure a fundamental long term change in the relationship between Aboriginal people and the criminal justice system. To that end, the federal government has enacted sentencing principles that recognize the disproportionate impact of the criminal justice system on Aboriginal people. The need for this reform has been acknowledged by the Supreme Court of Canada in R. v. Gladue [1999] 1 S.C.R. 688 and R. v. Wells [1998], 125.c.c.c, which call on courts to consider alternatives to imprisonment with particular attention to be given to Aboriginal offenders. A continuum of federal responses has been developed to address the disproportionate rates of crime, incarceration and victimization experienced by Aboriginal people in Canada. The Aboriginal Justice Initiative (AJI) (approx. $22 million), followed by the Aboriginal Justice Strategy (AJS), and the Native Courtworkers Program (NCW) (approx. $38 million) are key elements of the federal response.
  
  
• Through strong federal-provincial-territorial partnerships, the AJS currently supports 90 cost-shared, community-based justice programmes that serve over 280 communities. These programmes fall into the categories outlined below.
  
  
• Diversion/Alternative Measures Programs: allows people to take responsibility and accept consequences for their wrongful behaviour, while at the same time removing them totally or partially from the aspects of the criminal justice system which can have long-term stigmatizing and marginalizing effects. Police and/or Crown decide whether to divert a case. Diverting Aboriginal offenders into a community process allows for more culturally appropriate remedies or sanctions for the offences.
  
  
• Family Group Conference: has emerged in Canada as a credible, reparative justice process for communities affected by crime. Primarily used to date for youth, family group conferences bring together in a circle the victim, offender and as many members of their family and supporters as possible, along with relevant professional or community workers. Conferences provide a forum to deal with people's unanswered questions, painful emotions, the issue of accountability and the question of restitution or reparation. Generally speaking, satisfaction on the part of justice professionals and communities is much higher compared to their experience in the courts.
  
  
• Community Sentencing Programs: Circle Sentencing usually provides for a community-based, pre-sentence advisory process with strong reparative and restorative focus. Once there has been a finding or admission of guilt, community members sit in a circle with the judge, prosecutor, defence counsel, police and other service providers to discuss sentencing options and plans to reintegrate the offender back into the community. Community members usually include the accused, victim, their families, Elders and other interested citizens. So far Sentencing Circles in Aboriginal communities have been used with adults more than with young offenders. They can deal with quite serious criminal offences such as manslaughter or armed robbery where a jail term may or may not be imposed. The objectives of Sentencing Circles include restitution to the victim, reparation to the community, responsibility being accepted by the offender, reintegration of the offender into the community and prevention of recidivism.
  
  
• Mediation: Victim/offender mediation programmes provide a unique opportunity for offenders to meet their victims face-to-face in the presence of a trained mediator. The parties have an opportunity to talk about the crime, to express their feelings and concerns, to get answers to their questions, and to negotiate a resolution. Mediators do not impose settlements. The process is meant to empower communication between both parties. In many situations, mediation can be an alternative to the courts and to custody, used as a means of resolving the issues that arise from criminal behaviour. Frequently, it is experienced as more satisfying, more inclusive and more relevant than imprisonment. However, mediation is also used in addition to, during or following incarceration in order to address the needs of those affected by the crime which are not addressed by imprisonment.
  
  
• First Nations Courts: A First Nations Magistrates Court is designed to redress problems that have been identified in the administration of justice in First Nations communities. These problems include language and cultural barriers, and delay. The court is presided over by an Aboriginal magistrate. Accused persons who appear in court are addressed in their own language. The atmosphere of the court is less formal and community participation is encouraged. In some communities, the court is opened with an Elder reciting a traditional prayer. The Magistrates Court has jurisdiction to hear guilty pleas on certain offences including to take guilty pleas and make dispositions on provincial, by-law, Indian Act and Band by-law offences; hear applications pursuant to s515 of the Criminal Code (judicial interim release); hear applications pursuant to s.499(3) and s.503(2.2) of the Criminal Code (application to a justice to replace an undertaking before a peace officer or officer in charge); make consent orders pursuant to s.810 of the Criminal Code. The First Nations Magistrates Court has been well received and has helped streamline and complement the provincial court system. Delays on the previous circuit court for some cases took up to a year and a half to resolve, now most charges are dealt with within 2 - 6 months. There are two such community-based models in Canada: one on the Tsuu T'ina reserve in Alberta, and the other as part of a tripartite initiative of Manitoba Keewatinowi Okimakinak, and the governments of Manitoba and Canada.
  
  
• The Gladue (Aboriginal Persons) Court in Toronto, Ontario was created after a group of judges, academics, and community agencies met to discuss how to meaningfully develop a response to the Gladue decision at the Old City Hall Courts in Toronto, the busiest court in Canada. This Court performs the same activities as any other court at Old City Hall, although it offers all of them in one court: bail hearings/variations, remands, trials and sentencing. What distinguishes the court is that those working in it have a particular understanding and expertise of the range of programmes and services available to Aboriginal people in Toronto. This expertise will allow the court to craft decisions in keeping with the directive of the Supreme Court in Gladue.
  
  
• The Aboriginal Justice Learning Network (AJLN) is a bridge between the mainstream justice system and Aboriginal communities. It provides forums for Aboriginal communities to share ideas and stay informed about developments that contribute to the creative solutions relating to their issues. It also provides the training and cross-cultural awareness which is essential for police, judges and other key players in the mainstream justice system.
  
  
• The Native Court Workers Program (NCW) assists Aboriginal people involved in the criminal justice system by helping them to understand the law, the nature of the charges against them, and to seek required services. The programme also responds to communication barriers between Aboriginal people and those who are involved in the administration of the criminal justice system. Under the NCW, 11 of 13 jurisdictions cost-share non-legal advice and assistance to Aboriginal accused in the criminal justice system.

Diversity, Equality and Justice.

• In May 1996, ministers responsible for justice requested that all justice proposals brought before them routinely incorporate considerations of the potential impact of justice initiatives on diverse communities in Canada. Consequently, the Federal-Provincial-Territorial Working Group on Diversity, Equality and Justice was created. Its mandate encompasses that of its predecessor, the Working Group on Multicultural and Race Relations. The scope of the work was expanded to consider, as well, the concerns of individuals who belong to one or more groups that frequently experience disadvantage in their dealings with the justice system. Consequently, in addition to ethnocultural, racial and religious minorities, the Working Group is concerned with the needs of women, Aboriginal peoples, persons with disabilities, children and youth, seniors, refugees, recent immigrants, persons living in poverty, homosexual and bisexual persons, transgendered persons, and persons with low levels of literacy. During the reporting period, the Working Group provided diversity group analysis for initiatives and issues considered at the federal-provincial-territorial meetings of senior Justice officials. A number of policy documents and research reports were also produced on a variety of topics, including the legal needs of ethnocultural women, and hate-motivated crimes.
  
  
• Between 1997-1998 and 2000-2001 the Department of Justice funded 11 projects that address issues of racial discrimination as they relate to the justice system. These included projects that: supported the continuing education of judges on issues arising from the diversity of Canadian society; addressed a variety of issues of importance to visible minorities entering the legal profession; increased awareness in the legal profession of the existence and effects of racial inequality in the justice system; developed a resource kit for intermediaries and police; and developed plain language employment equity materials to address barriers to employment based on race and remedies for discrimination.
  
  
• In February 2000, the Department of Justice created the Diversity and Gender Equality Office. An essential part of the mandate of the Office is to facilitate the integration of diversity and gender equality analysis in all the work of the Department. In addition to carrying out the analysis for the Department, the Office developed a training programme, based on the National Judicial Institute model, to institutionalize such practices throughout the Department.

Issues pertaining to Aboriginal Women

• The federal government recognizes there is a legislative gap in the Indian Act with regard to the issue of matrimonial property, and acknowledges the Committee's concerns. The Indian Act is silent on the use, occupation and possession of land - including the matrimonial home - and does not speak to the division of interests in land on reserve in case of a marital breakdown. In addition, the provinces, which normally have jurisdiction over such marital issues, may not validly legislate concerning land within the federal competence, such as Indian reserves.
  
  
• The Government of Canada remains committed to finding a practical solution to this issue. Consultative processes and research on this issue are currently underway. It is hoped that the results of this research will identify concrete options to resolve this issue through legislation or policy development.
  
  
• One such option is contained in the First Nations Land Management Act (FNLMA), passed in June 1999. This legislation provides the framework to enable the 14 signatory First Nations to establish their own land management regime and take over the administration and management of their reserve lands. The FNLMA includes provisions to address the issue of matrimonial real property. The signatory First Nations have agreed to establish community processes to develop rules and procedures to deal with matrimonial property within 12 months from the date the land code takes effect. In essence, the First Nations community itself will develop the land codes and procedures. Theses codes must address the issue of division of matrimonial real property and they cannot discriminate on the basis of sex.
  
  
• While the FNLMA is intended at this time to apply only to the 14 participating First Nations, Canada is open to considering its application to other interested First Nations.
  
  
• The objective of the Aboriginal Women's Program of the Department of Canadian Heritage is to enable Aboriginal women to influence policies, programmes, legislation and decision making that affect their social, cultural, economic and political well-being within their own communities and Canadian society while maintaining their cultural distinctiveness and preserving cultural identity. There are two components to the Aboriginal Women's Program:
  
  
  • The Family Violence Initiative enables Aboriginal women to address violence-related issues within the nuclear as well as extended family within Aboriginal communities.
    
    
  • The self-government initiative enables Aboriginal women to participate fully and equitably in the consultations and decision-making process.>

Status of Women Canada

• Status of Women Canada's Policy Research Fund, whose primary objective is to support independent, nationally-relevant, forward-thinking policy research on gender equality issues, has produced a number of research documents addressing the issue of gender and race in Canada. Topics cover such issues as aboriginal and immigrant women. The research published under the Policy Research Fund is distributed free of charge to interested constituents, public and university libraries and other locations, in both official languages. As well, documents are available on the Internet throughout Status of Women Canada's website http://www.swc-cfc.gc.ca/pubs/pubsalpha_e.html and in alternate formats upon request.
  
  
• In the reporting period, the Women's Program of Status of women Canada has provided an average of $775,000 annually, in support of some 30 initiatives in each of these years, to address the particular concerns of immigrant, refugee and visible minority women. For example, funding was provided to the Philippine Women Centre of British Columbia for an initiative to examine the policies and practices of the provincial nurses' association, nurses' union, public and private nursing educational institutions and recruitment and service agencies and to bring about internal change to correct identified discrimination. Also, funding was provided to the Caribbean Association of Peel to undertake a participatory research initiative to assess the social, health and economic issues of disadvantaged Caribbean and other visible minority women in the Peel region. Funding was also provided to the Canadian Council of Muslim Women for the production of a resource kit to explore critical issues facing young Muslim women in Canada, including racism within and outside the Canadian Muslim community.

Employment Equity

• The new Employment Equity Act (EEA), which came into force on October 24, 1996, applies to the federal Public Service as well as private-sector employers under federal jurisdiction and Crown corporations with 100 employees or more. Detailed information on this Act is provided in the 13^th/14^th Report.
  
  
• As employer of the federal Public Service, the Treasury Board has obligations under the Employment Equity Act. Through its Secretariat, it works closely with departments to effectively implement employment equity in the Public Service of Canada by removing barriers to the participation of persons from the designated groups - Aboriginal persons, members of visible minority groups, persons with disabilities and women. This includes providing support for initiatives aimed at improving representation and creating an inclusive work environment.
  
  

Between 1997 and 2001, the representation of Aboriginal Peoples and Persons in a visible minority group in the Public Service evolved as follows:

	March 1997	March 1998	March 1999	March 2000	March 2001
Aboriginal Persons	4,551 (2.4%)	4,770 (2.7%)	5,124 (2.9%)	4,639 (3.3%)	5,316 (3.6%)
Persons in a Visible Minority Group	8,690 (4.7%)	9,260 (5.1%)	10,557 (5.9%)	7,7644 (5.5%)	9,143 (6.1%)

• The Special Measures Initiatives Program (SMIP) mentioned in Canada previous reports ended on March 31, 1998. However, there was still a need for support programmes for employment equity within the federal Public Service to ensure that it would be successfully implemented across departments and agencies. As a result, Treasury Board Ministers approved the Employment Equity Positive Measures Program (EEPMP) on October 8^th, 1998, as a four year programme, to assist departments and agencies in meeting their obligations under the Employment Equity Act. The EEPMP, like the SMIP, was a temporary programme which provided project funding from a $10 million annual budget as a catalyst for eliminating employment barriers and for building institutional capacity to support employment equity in the federal Public Service. This programme built on the successes and lessons learned from the SMIP but with a stronger regional focus, emphasis on cost-shared departmental projects and a new governance structure under Treasury Board Secretariat. The EEPMP came to an end on March 31, 2002.
  
  
• A Task Force on an Inclusive Public Service was announced on December 14, 1998 by the President of the Treasury Board and concluded on May 31, 2000. Its mandate was to provide advice on the way to create a federal Public Service representative of the population it serves and of the Canadian labour force and it has been credited with starting a dialogue about the federal Public Service's corporate culture.
  
  
• In 1999, the Task Force on the Participation of Visible Minorities in the Federal Public Service was established to take stock of the situation and formulate a government wide action plan with benchmarks and follow-up mechanisms. During 1999-2000, it consulted extensively with key stakeholders inside and outside the federal public service and developed an action plan. In June 2000, the Government of Canada endorsed the action plan, entitled Embracing Change in the Federal Public Service, and began implementing the plan within a results-based framework. The goal was to transform the public service into an institution that reflects the diversity of Canada's citizens and attracts them to its service. The action plan outlined six broad categories in which representation and participation of visible minorities will be addressed, including external recruitment, career development and advancement, and changing corporate culture.
  
  
• Financial support of up to $10 million annually for three fiscal years concluding in March 2003 has been provided to help in implementing the Embracing Change action plan. The Employment Equity - Embracing Change Support Fund is administered by the Treasury Board Secretariat and supports initiatives that will improve the representation and retention of members of a visible minority group in the federal Public Service. Federal departments and agencies have been undertaking special initiatives to implement the Employment Equity Act and Embracing Change.
  
  
• As the official recruiter for the federal public service, the Public Service Commission (PSC) has assisted federal departments and agencies in integrating employment equity, Embracing Change, and diversity as part of good human resources management and business planning. For example, the PSC has helped 21 federal departments and agencies develop special employment equity programmes to facilitate recruitment from diverse populations. In addition, the PSC, working with departments, has created several diversity development programmes. For example, a national competition to appoint members of visible minorities to the Career Assignment Program (CAP) was launched, the Accelerated Aboriginal Program was developed as a pilot programme of CAP, and the Accelerated Executive Development Program (AEXDP) will develop visible minority candidates for entry into senior ranks of Government. The PSC is also ensuring its assessment instruments do not contribute to adverse impact in selection when used to assess members of Employment Equity groups.
  
  
• The Aboriginal Workforce Participation Initiative (AWPI) continues to promote and support initiatives for the recruitment of Aboriginal employees by the private and public sectors. AWPI is responsible for making more than 10,000 employers aware of the advantages of hiring Aboriginal people. A thorough consultation process with employers and Aboriginal groups was undertaken and resulted in the Aboriginal Workforce Participation Initiative Employer Toolkit (national version), which comprehensively addresses Aboriginal employment issues. It enables employers to build their own approach to Aboriginal employment based on proven practices and sound business considerations.
  
  
• The Employment Equity Act provides for a statutory review five years after coming into force. This review started in late 2001 and will assess the effectiveness of the Act and whether there is a need for any legislative or regulatory amendments to facilitate reaching employment equity goals.
  
  
• The Act confers on the Canadian Human Rights Commission the mandate of verifying that it is being applied by employers. To that end, the Commission conducts audits. If employers are not in compliance, the Commission negotiates with them so that they will undertake to rectify the deficiencies within a reasonable time. If they fail to comply within the established time frame, the Commission may issue a direction and, if the direction is not complied with, may refer the matter to a hearing before an administrative tribunal. The decisions of that tribunal may then be made enforceable by the Federal Court.
  
  
• The Canadian Human Rights Commission began its compliance audit work in October 1997. A total of 354 compliance audits were initiated at 215 employers. Of these 215, 73 are now known to be in full compliance. Audits now extend to more than 80 percent of employees covered by the Act. The remaining 261 employers left to be audited account for only about 20 percent of the workforce covered by the Act. In the public sector, nearly all employees (97 percent) are covered by compliance audits.
  
  
• In general, the Commission has noted that most employers are not in compliance with the Act at the time of the audit; however, more than 80 percent of them willingly cooperate when the Commission conducts an audit and requires that they take measures to become compliant. The Commission needs to take measures in enforcing the Act in only a minority of cases.
  
  
• Industry Canada underwent an audit by the Canadian Human Rights Commission in the summer of 2000. As a result, the department was required to conduct a workforce analysis to determine representation of its designated groups at all levels within the organization, and to conduct an employment systems review, to determine if there are any systemic or attitudinal barriers for the equitable representation, development and advancement of its designated groups. These two activities have recently been completed and the findings will be analyzed and appropriate follow-up activities will be incorporated into the department's three-year action plan currently being developed.
  
  
• In February 2001, Privy Council Office (PCO) Senior Managers agreed that executives with hiring responsibilities should incorporate employment equity related objectives in their 2001-2002 performance agreement. This decision came about as a result of the on-site visit by the Canadian Human Rights Commission in October 2000 which produced a report requiring PCO to enhance the Employment Equity Action Plan. In March 2001, PCO launched three new corporate policies on : employment equity and diversity; workplace accommodation; and prevention and resolution of conflict and harassment in the workplace. PCO completed all undertakings established by the Canadian Human Rights Commission and was recently found compliant with the Act.
  
  
• Canadian International Development Agency (CIDA) was found to be in full compliance with the Employment Equity Act in the December 2000 audit by the Canadian Human Rights Commission. The number of visible minority and Aboriginal employees at CIDA surpasses the labour market availability levels required by Canada's employment equity guidelines.
  
  
• In 1995, the Employment Equity Act was amended to include the Canadian Forces (CF). Regulations making the Act applicable to the unique conditions of the CF have been written and are expected to receive an Order In Council shortly. In the meantime, the CF conducts itself as if already subject to the provisions of the Act. A Canadian Forces Employment Equity Plan was released in December 1999 and a Self-Identification Census has been administered to the entire Canadian Forces, both Regular and Reserve. A detailed workforce analysis will be completed in 2002 that will identify where members of designated groups (women, aboriginal persons, visible minorities and persons with disabilities) are facing employment barriers. The current census not only includes military but will continue to collect data for new personnel who are enrolled into the CF. In this way, the CF will be able to identify and respond more rapidly to changing demographics.
  
  
• In preparation for the formal inclusion of the Royal Canadian Mounted Police under the Employment Equity Act, an Employment System Review on Regular Members has been conducted. Barriers to both the numbers of members of the designated groups (women, Aboriginal peoples and visible minorities) and their distribution within the rank structure have been determined. Subsequent action in the form of an Employment Equity Implementation Plan is under-way.

Immigrants

• Canada supports the accommodation of newcomers, their diverse backgrounds and cultures by encouraging a process of mutual adjustment by both newcomers and society. Integration of newcomers into Canadian society is a two-way process; newcomers are expected to understand and respect basic Canadian values, and society is expected to understand and respect the cultural differences newcomers bring to Canada. Rather than expecting newcomers to abandon their own cultural heritage, the emphasis is on finding ways to integrate differences in a pluralistic society.
  
  
• Citizenship and Immigration Canada's settlement programmes and services assist immigrants in becoming participating and contributing members of Canadian society and promote an acceptance of immigrants by Canadians. While helping newcomers adapt and learn about their rights, freedoms and responsibilities and the laws that protect them from racial discrimination, settlement programmes also sensitize Canadians to different cultures and how diversity strengthens community life.
  
  
• The Host Program matches newcomers with volunteers who help them learn about available services and how to use them, practice their language skills, develop contacts in their employment field, and participate in community activities. In return, Host volunteers learn about other cultures and develop an appreciation of diversity.
  
  
• The Language Instruction for Newcomers to Canada (LINC) programme provides basic training to adult immigrants in one of Canada's official languages. Curricula, which are developed and used by the organisations delivering the language training, include specific modules on newcomers' rights, freedoms and responsibilities and the laws that protect them from discrimination.
  
  
• The Immigrant Settlement and Adaptation Program (ISAP) provides funds for the delivery of services to newcomers, including reception, referral to community resources, community information/orientation, interpretation and translation, paraprofessional and employment-related services. ISAP-supported agencies are also provided with funding for staff training to develop cultural competence and sensitivity.
  
  
• Citizenship and Immigration's approach to policy and programme development is grounded in engagement of stakeholders (government, NGOs and researchers). The Department has, over the reporting period, undergone an extensive consultative process in the development of its revised legislation, the Immigration and Refugee Protection Act. The new Act came into force in June 2002, with objectives including articles:
  3(b) to enrich and strengthen the social and cultural fabric of Canadian society, while respecting the federal, bilingual and multi-cultural character of Canada;
  3(e) to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society.
  
  
• Citizenship and Immigration Canada (CIC) conducts and supports ongoing multi-disciplinary research via initiatives such as Metropolis, and, at the officials and analyst level, incorporates consideration of national and international past practices into its policy and programme formation. The Department participates in or cooperates with various multi-lateral agencies with migration and human rights concerns, including the International Organization for Migration, the International Committee for Migration Policy Development, the Inter-Governmental Consultations on Asylum, Refugee, and Migration Policy, and the International Criminal Tribunal for the Former Yugoslavia. In all consultations, Canada takes a progressive position on eliminating racial discrimination from policies and programmes.
  
  
• CIC has also worked to advance horizontal policy research on immigration and diversity issues through the Government of Canada's Policy Research Initiative (PRI). In particular, CIC has been a key member of the PRI's Social Cohesion Network, which is currently led by the Department of Justice and the Department of Canadian Heritage. In November 2000, as part of the Network's workshop series on the theme of "What Will Hold Us Together?", CIC hosted a workshop entitled "Immigration, Ethnic Diversity, and Social Cohesion". The workshop featured the results of research on barriers to the economic and social integration of immigrants and refugees to Canada, and examined the question of whether increasing ethnic diversity was a potential "fault line" for social cohesion. In October 2001, CIC co-sponsored a workshop with the Department of Canadian Heritage on "Social Cohesion and Citizenship: How Diversity is Changing the Parameters of Belonging", which examined factors of community belonging, changing conceptions of identity, and the idea of social citizenship. Both workshops were well attended and provoked a vigorous discussion within the federal policy research community on emerging issues.

Integrative Programmes for Women Refugees and Immigrants

• The Gender Based Analysis Unit was established in 2000 as the department's focal point for formalizing the integration of gender analysis into CIC's legislative and regulatory processes, policies and programmes. The Immigration and Refugee Protection Act and regulations underwent a preliminary assessment for their potential differential impacts on men and women, and different groups of men and women based on race, ethnicity and country of origin, that will be monitored over time. In addition, the GBA Unit provides gender analysis training to policy and programme officers within CIC, which includes sensitivity to the intersection of gender, race and diversity.
  
  
• Good official language skills are essential for effective and rapid integration. About $204 million is devoted to language instruction for adult newcomers to Canada, which includes free quality child care services and transportation costs to help parents for whom language training would otherwise be inaccessible. Service providers are encouraged to offer a whole range of full-time/part-time, evening, weekend classes, home study and other innovative initiatives in order to serve the needs of all immigrants. This is of particular importance to women who often carry the greater share of responsibility of care for children and may therefore have additional challenges accessing language training.

Training of federal law enforcement officials in the protection of human rights

• At the Royal Canadian Mounted Police (RCMP), the issues of training law enforcement officials in the area of diversity and human rights are very important. The dorm environment of the Cadet Training Program (CTP) itself is a lesson in living cultural diversity. Cadets live and work with a diverse group of people including many from different ethnic backgrounds. For example in one troup of 24 cadets an informal survey had revealed that half of the cadets were of different ethnic backgrounds (non-European) and in combination spoke over 14 different languages other than English and French.
  
  
• The entire training programme is based on community-based policing principles and the CAPRA (Clients - Acquiring & Analyzing Info - Partnerships - Response - Assessment) problem solving model. The core of the CAPRA problem solving is the recognition of the unique and diverse expectations of different communities and the need to adapt to meet their specific needs. All training given during the 22 weeks of the CTP encompasses these principles.
  
  
• Some modules of the CTP emphasize cultural diversity more than others. This emphasis is found in the following modules:
  
  
  • Module I session 9 - Simulation exercise called Ecotonos, which emphasizes effectively participating in a problem solving session in a culturally diverse group.
    
    
  • Module I sessions 12 and 13 - Emphasizes the Canadian human rights legislation and is currently taught by a professor from the University of Regina who, among other qualifications, was once the Ombudsman for the Saskatchewan Government.
    
    
  • Module 7 sessions 13 and 14 - These two sessions address issues in providing policing services to people with physical and mental disabilities. The sessions are complemented by guest speakers who are subject matter experts.
    
    
  • Module 12 sessions 1, 2 and 3 - These sessions focus on Hate Crime Legislation as per the Criminal Code. These sessions are also complemented by guest speakers who are subject matter expert.
    
    
  • Module 13 sessions 2 and 3 - Focus on issues unique to Aboriginal communities and normally are taught in partnership with representatives from the Aboriginal community.
    
    
  • Module 13 sessions 4, 5 and 6 - Focus on area of civil disobedience and appropriate policing responses to this area.
    
    
  • The Canadian Charter of Rights and Freedoms is covered thoroughly throughout the CTP.
    
    
• As part of a general effort to provide effective policing to Aboriginal communities and to reduce tensions, the National Aboriginal Police Services of the RCMP has developed a comprehensive training programme for law enforcement officers. The purpose of the programme is to help officers to understand better the Aboriginal way of viewing the world. The emphasis is on knowledge acquisition, on the evaluation of evidence, the drawing of warranted conclusions, and the cultivation of a reasonable and just outlook.
  
  
• The Aboriginal Perceptions Program contains six modules. The first, Aboriginal People and the Canadian Justice System, deals with Aboriginal concepts of law and justice; the current realities/impact of Canadian justice on First Nations; current aboriginal justice initiatives; and the role of healing. The second module, The Unique Position of Aboriginal People in the Canadian Law, examines Aboriginal titles, legislative authority of the Federal Parliament, and treaty rights. The third identifies the central issues in First Nations treaty and land entitlement claims. The fourth explores the consequences of the Canadian school system on Aboriginal perceptions. Module five deals with Cultural Factors Influencing Our Perceptions and module six with an Aboriginal Order Government. Since January 2000, this five day programme has been offered to sixteen groups of members of the RCMP and officials of the Department of Justice. Implementation is on-going depending on the availability of resources.
  
  
• Canada Custom and Revenue Agency provides training to their inspectors on diversity and human rights, which includes multiculturalism, diversity, cultural awareness of the various groups in Canada and anti-racism.

Canadian Forces

• The Canadian Charter of Rights and Freedoms and the Canadian Human Rights Act are fully applicable to the Canadian Forces (CF). Through the auspices of the CF Human Rights Plan, regulations and policy are continuously monitored for compliance. Several programmes target racism, either solely or as a component of other anti-discrimination measures.
  
  
• The Department of National Defence (DND) and the Canadian Forces promulgated a harmonized Harassment Prevention and Resolution Policy in December 2000, which was developed over the course of several years. The aim of this initiative was to promulgate a policy and implementation procedures relating to harassment, which is defined as improper behavior by military members and civilian employees that is directed at, or is offensive to another person in the DND/CF workplace. Harassment within the meaning of the Canadian Human Rights Act, which covers discrimination on the basis of race, is also dealt with under this policy. The emphasis of the policy is on harassment prevention and the responsibility of all individuals to maintain a harassment-free work environment. Also emphasized are the early resolution of harassment situations when they occur and the use of Alternate Dispute Resolution techniques over administrative investigations
  
  
• Additionally, the CF has initiated a review of the current Policy on Racist Conduct, which dates from 1996. The aim of this review is to ensure that the policy fully meets present legal requirements and societal expectations in an attempt to eradicate racist conduct from the CF. The review will also examine the reporting procedures for incidents of racist conduct to ensure that the chain of command is in receipt of the appropriate information in a timely fashion.
  
  
• The Defence Diversity Council was established in 1996. This senior management group establishes the strategic framework for the management of diversity across the Canadian Forces and the Department of National Defence. Under the auspices of the Defence Diversity Council, four Defence Advisory Groups (one for each designated group) continue to expand across the country, creating linkages with various groups and organizations in order to increase awareness of the CF and its commitment to the creation of an open, barrier-free workplace.

Article 2
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Article 3 : Action against apartheid and racial segregation

• Canada has always denounced racial segregation and apartheid throughout the world. On November 19, 2001, the Canadian Parliament bestowed the title of Honourary Canadian Citizen on Nelson Mandela, former President of South Africa, to honour his fight against apartheid and segregation in his country.

Article 4 : Prohibition against promotion of racism

• The Criminal Code of Canada continues to prohibit hate propaganda including:
  
  
  • advocating or promoting genocide against an "identifiable group", that is, any section of the public distinguished by colour, race, religion or ethnic origin (section 318);
    
    
  • inciting hatred against an "identifiable group" by communicating in a public place statements which are likely to lead to a breach of the peace (subsection 319(1)); and
    
    
  • communicating statements, other than in private conversation, to wilfully promote hatred against an "identifiable group" (subsection 319(2)).
    
    
• Advocating or promoting genocide is an indictable offence punishable by a maximum of five years imprisonment. The offences under section 319 of the Criminal Code of inciting or wilfully promoting hatred are dual procedure offences, punishable by two years imprisonment on indictment and up to six months imprisonment and/or up to a $2,000 fine when proceeded by way of summary conviction. In addition, the Criminal Code provides for the seizure and forfeiture of hate propaganda kept on premises for distribution or sale (subsection 320(1) and (4)). Except for the offence provision of publicly inciting hatred, the consent of the relevant Attorney General is required to obtain a seizure warrant or to initiate a prosecution under the hate propaganda provisions of the Criminal Code.
  
  
• Paragraph 718.2(a)(i) of the Criminal Code provides that if there is evidence that an assault, damage to property, threatening, harassment or any other criminal offence was motivated by hate, bias or prejudice based on race, national or ethnic origin, language, color, religion, sex, age, mental or physical disability, sexual orientation or any other similar factor, it is an aggravating factor for the purposes of sentencing (i.e., it should result in a more severe sanction). Paragraph 718.2(a)(i) of the Criminal Code contains a broader definition of grounds than the definition of "identifiable group" contained in subsection 318(4) of the Criminal Code for the purposes of the hate propaganda offences.
  
  
• With regard to the Internet, existing statutory provisions are considered applicable where the hatred is communicated through that medium (subject to jurisdictional/territorial concepts relevant to the application of Canada's criminal law).
  
  
• In December 2001, the Canadian Parliament passed legislation that included three relevant measures:
  
  
  • An amendment to the Criminal Code to authorize a judge to order deletion of hate propaganda from the Internet, when the hate propaganda is stored on and made available to the public through a computer system that is within the jurisdiction of the court;
    
    
  • An amendment to the Criminal Code to create an offence of mischief in relation to religious property or an object associated with religious worship, if the commission of the mischief is motivated by bias, prejudice or hate based on religion, race, colour or national or ethnic origin. This offence is punishable with a maximum of 10 years of imprisonment; and
    
    
  • An amendment to the Canadian Human Rights Act to clarify that the prohibition against spreading repeated hate messages by telephonic communications includes all telecommunications technologies.
    
    
• Amendments to the Canadian Human Rights Act came into force on June 30, 1998, to allow victims specifically identified in hate messages to receive compensation. The individuals responsible for disseminating hate propaganda may also be ordered to pay a penalty of up to ten thousand dollars.
  
  
• The Canadian Human Rights Tribunal has been looking into allegations that material posted on the Internet by Ernst Zündel could expose Jews to hatred or contempt on the basis of their race, religion and ethnic origin. Procedures began, but have been delayed by various legal challenges by the respondent. In January 2002, the Human Rights Tribunal concluded that hate has no place in Canada. In its decision, the Tribunal ordered that the hate messages be removed from the site and concluded that the site created conditions that allow hatred to flourish. In its view, the "tone and expression of these messages is so malevolent in its depiction of Jews, that we find them to be hate messages within the meaning of the Act." (Citron v. Zündel, D.T. 1/02 2002/01/18).
  
  
• In February 1998, the Commission asked the Canadian Human Rights Tribunal to look into a case dealing with alleged hate messages against Muslims. The Islamic Information and Da'wah Centre International of Toronto filed a complaint against Mark Harding and his organization, Christian Stands. It alleged that the respondent transmitted telephone messages that expose Muslims to hatred and contempt, contrary to section 13 of the Canadian Human Rights Act. The Da'wah case was settled on March 30, 1999. The respondent agreed to cease and desist the site now and in the future.
  
  
• Data on hate propaganda offences, ss. 318 and 319 of the Criminal Code, are to some extent available from the Revised Uniform Crime Reporting (UCR2) Survey and the Adult Criminal Court Survey (ACCS). The Canadian Centre for Justice Statistics (CCJS), of Statistics Canada, maintains both of these surveys. The data are limited and do not provide a good measure of the actual level of activity. However, when it comes to statistics on hate crime in Canada, there is not much beyond what CCJS can provide.
  
  
• The Revised Uniform Crime Reporting (UCR2) survey reports only according to the most serious offence in the case. Offences under ss. 318 and 319 would not be reflected in the statistics if there were a more serious offence associated with that case.
  
  

The Adult Criminal Court Survey (ACCS) collects and reports information on the number of charges and cases appearing before Adult Courts on sec.318 and 319:

SECTION		1996/97	1997/98	1998/99	1999/00
318	Charges	1	4	0	0
	Cases	0	2	0	0
319	Charges	2	12	9	15
	Cases	1	3	6	10
TOTAL	CHARGES	3	16	9	15
	CASES	1	5	6	10

• 1) A "charge" is a formal accusation against an accused involving a federal statute offence.
  2) A "case" is one or more charges against an accused person or corporation where the charges received a final disposition in the same court and level on the same date. (Source: Adult Criminal Court Survey, Canadian Centre for Justice Statistics, Statistics Canada.)
  
  
• In 1999/2000, most of the cases under section 319 had the charges stayed or withdrawn. In just 2 of the 10 cases under section 319 was the case resolved with a finding or plea of guilt. In both cases, the sentence received was a period of probation and not prison.
  
  
• The Homicide Survey, maintained by the CCJS, collects a number of incident, victim and offender characteristics in relation to homicides. Hate crime is listed as one possible motive, though, in general, the specific motivation for a homicide is difficult to determine. Since 1991, police have flagged 15 homicides as hate-related in Canada. In 2000, two hate-related homicides were reported.
  
  
• The Crimes Against Humanity and War Crimes Act came into force on October 23, 2000. This Act serves two purposes: to implement the Rome Statute⁵ through the establishment of a domestic criminal and administrative regime to complement the International Criminal Court, and to strengthen Canada's legislative foundation for the prosecution of genocide, war crimes and crimes against humanity. The Act empowers Canadian courts to exercise jurisdiction over individuals accused of involvement in the commission of genocide, crimes against humanity and war crimes, as well as the crime of breach of command responsibility. It also enables the prosecution of individuals for offences against the administration of justice of the International Criminal Court and proceeds of crime offences.

Article 4
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Article 5 : Equality before the law

• Under the Canadian Human Rights Act (CHRA), first proclaimed in 1977 and amended in 1996, it is against the law for any employer or provider of service that falls within federal jurisdiction to make unlawful distinctions based on the following prohibited grounds: race, national or ethnic origin, colour, religion, age, sex (including pregnancy and childbirth), marital status, mental or physical disability (including previous or present drug or alcohol dependence), pardoned conviction, or sexual orientation.
  
  
• As part of its commitment to strengthen the Canadian Human Rights Act to ensure that it is effective in protecting and promoting human rights in a timely and efficient manner, on April 8 1999, the Minister of Justice announced the establishment of an independent panel, chaired by Justice La Forest, to conduct an in-depth review of the Canadian Human Rights Act, the first comprehensive review since 1977. The report entitled Promoting Equality: a New Vision, contains 165 recommendations covering various issues from adding new grounds to updating the CHRA to create an efficient, transparent and accessible complaint system. Additionally, the recommendations suggest changes for the role of the Canadian Human Rights Commission, its processes and procedures, such as its ability to deal pro-actively and cost-effectively with systemic discrimination, direct access of individuals to the Canadian Human Rights Tribunal, and use of dispute resolution mechanisms such as mediation and alternative dispute resolution.

Health Issues

• In the area of health, the Government of Canada recognizes that factors such as culture, gender, income, education, social support networks, the environment, and employment and working conditions determine health and well-being. Health Canada focuses on this wide range of personal and collective circumstances when developing strategies to promote health, prevent disease and reduce barriers when accessing health programmes and services. Such a comprehensive population health approach recognizes that people and groups are not affected in the same way by polices, programmes and services. The federal government works with provincial and territorial governments and other health partners to expand knowledge of factors affecting the health of the general population and specific groups such as ethnic groups, immigrants, children, seniors, women and Aboriginal peoples.
  
  
• Health Canada's Women's Health Strategy (launched March 8, 1999) conforms with the International Convention on the Elimination of All Forms of Discrimination Against Women (1979) and with the principles of the Beijing Platform for Action (1995) and Canada's Federal Plan for Gender Equality (1995). The Strategy works to promote an understanding of gender as a critical variable in health, and to analyse and assess the impact of policies, programmes and practices in the health system broadly defined, on women and women's health. The Strategy emphasizes that women are not a homogeneous group and is sensitive to issues of diversity. Disability, race, ethnocultural background and sexual orientation have varying influences on women's health and on their interactions with the health system.
  
  
• Health Canada's Gender-based Analysis Policy (2000) recognizes that policies may have a differential impact on women and men, and the need to build a gender perspective into health policy at all levels. Done properly, Gender-Based Analysis (GBA) should intersect with a diversity analysis: a process of examining ideas, policies, programmes and research for their potentially different impacts on specific groups of women and men, girls and boys. GBA explores the relationship of gender to other determinants of health. The 12 determinants of health are: income and social status; employment; education; social environments; physical environments; healthy child development; personal health practices and coping skills; health services; social support networks; biology and genetic endowment; gender; and culture. GBA helps ensure access to, and benefits from the health system for all people of Canada.
  
  
• Health Canada's Women's Health Contribution Program continues to provide support to four Centres of Excellence for Women's Health, the Canadian Women's Health Network and other organizations to conduct policy-oriented research on women's health with a view to making the health system more responsive to women's health needs. The Programme supports initiatives that are multifaceted, multi-disciplinary, cross-sectoral and include partnerships among academics, community-based organizations and policy makers. The Centres of Excellence have built a firm foundation of evidence concerning immigrant and refugee women and Aboriginal women's health and their experiences with the health care system.
  
  
• Health Canada currently spends over $1.3 billion per year in health programmes and services for First Nations and Inuit people to ensure that these populations have access to the health care services needed to attain health levels comparable to other Canadians. This amount is in addition to the health services provided to all Canadians, including Aboriginal peoples, by provinces and territories as part of Canada's overall health care system.
  
  
• These health services include public health and primary care services provided in nursing stations and by nurse practitioners in 600 First Nations communities, including 198 communities in rural and remote parts of Canada. Supplemental health benefits to cover costs of prescription drugs, dental and vision care, and transportation to medical facilities are also provided. Interpreter programmes have been instituted in many hospitals to provide assistance when necessary.
  
  
• The federal government also works with provincial and territorial governments to support programmes and services to address the specific health risks and needs of Canada's Aboriginal peoples. Investment in front-end programmes such as diabetes, fetal alcohol syndrome/effects, and early childhood development continue to be supported by the Government of Canada. New programmes that began in 1997 and later are: First Nations and Inuit Health Information System (1997), Dental/Oral Health Strategy (1997), Tobacco Control Initiative (1998), Aboriginal Head Start On Reserve Program (1999), Expansion of Aboriginal Head Start urban and northern communities programme (1999), Expansion of Prenatal Nutrition Program (1999), First Nations and Inuit Home and Community Care Program (1999), Fetal Alcohol Syndrome/Fetal Alcohol Effects Initiative (1999), Aboriginal Diabetes Initiative (1999 -2004), National Tobacco Control Program (2001).
  
  
• The Government of Canada, through its Aboriginal Health Careers programme, promotes and provides bursaries and scholarships for Aboriginal people interested in pursuing health careers. The bursaries and scholarships were started in 1985. In 1998-99, the Community Health Programs Directorate transferred the management of this very successful Aboriginal scholarship and bursary programme to the National Aboriginal Achievement Foundation; the Directorate continues to offer the programme funding support.
  
  
• The Government of Canada has recognized the need for Aboriginal specific research on health through the creation of the Institute for Aboriginal Peoples Health (IAPH) within the Canadian Institutes for Health Research (CIHR). The IAPH is one of thirteen Canadian Institutes for Health Research created in 2000. In addition, the Government of Canada also supports the National Aboriginal Health Organization, which provides a specific Aboriginal focus for information dissemination on traditional medicine, health human resource development and health delivery.

Article 5
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Article 6 : Effective protection and remedies

• A complaint that has preoccupied the Human Rights Commission since 1992 is the case of Chopra v. Health Canada (1998, 146 F.T.R. 106 (F.C.T.D.); D.T. 10/01 2001/08/13). Dr. Chopra joined Health Canada in 1969. In 1992, after being denied a promotion to a director-level position, he filed a complaint with the Commission alleging discrimination on the ground of race. The complaint was investigated by the Commission and referred to the Canadian Human Rights Tribunal, where it was subsequently dismissed. In 1998, however, the Federal Court's Trial Division found that the tribunal had erred by refusing to admit statistical evidence that visible minorities were under-represented in management positions within Health Canada. In a decision subsequently upheld by the Federal Court of Appeal in January 1999, the complaint was sent back to the tribunal for a new hearing. The Human Rights Tribunal ruled in August 2001 that Dr. Chopra's rights under the Canadian Human Rights Act have been contravened by the respondent. This decision is now under judicial review.
  
  
• In March 1997, a review tribunal ordered Health Canada to put in place new food and drug policies that would not discriminate against merchants on the basis of their race or ethnic origins. The verdict in Bader v. Department of National Health and Welfare (1998, 31 C.H.R.R. D/268 (Human Rights Review Tribunal)) reversed a Human Rights Tribunal decision that had dismissed allegations that the Department of National Health and Welfare had discriminated against non-Chinese merchants who sold Chinese herbal products. David Bader claimed that the Department enforced Food and Drug Act regulations governing the importation and sale of certain health foods and herbal products more vigorously against Caucasian health food merchants than against merchants of Chinese origin. The review tribunal agreed that Mr. Bader had produced a prima facie case of discrimination in the enforcement of regulations, based on race and ethnic origin. The review tribunal found that the Department had not met the requirements of a bona fide justification, advancing unsubstantiated subjective information to meet an objective test. The review tribunal ordered the Department to cease the unequal enforcement of the Food and Drug Act based on the "ethnicity" of the product or the ethnic origin of the consumer of the product. It also ordered the Minister to carry out a national review of enforcement policies, practices and compliance strategies concerning herbs and botanicals, in order to eliminate unsound distinctions based on the ethnic origin of the dealer, product or consumer.
  
  
• In 1998, two complaints initiated by the Assembly of Manitoba Chiefs (AMC) were settled with agreements to provide more work opportunities for Aboriginal people. In July and October 1998, Canadian Airlines International and the AMC signed two agreements to implement a comprehensive, five-year employment equity action plan to improve the workforce representation of Aboriginal people in all occupational groups at the airline. This agreement resolved a complaint filed by the AMC in 1990, alleging that Canadian Airlines International's employment policies and practices deprived Aboriginal people of employment opportunities on the grounds of race, colour and ethnic or national origin.
  
  
• In Nkwazi v. Correctional Service Canada (T.D. 1/01; 2001/02/05), allegations of race and colour discrimination in the workplace were upheld, in part, by the Canadian Human Rights Tribunal. The complainant was a woman of colour born in Zimbabwe who immigrated to Canada in 1983. She was a qualified nurse working as a casual employee at the Regional Psychiatric Centre (RPC) operated by Correctional Service Canada in Saskatoon. The alleged discrimination against the complainant occurred in and around the time when a competition for a term staff nurse position took place. The evidence established that a member of management attempted to exclude the complainant from consideration by unjustifiably insisting she take a one week rest period, which coincided with the competition for the nursing position. No one else but the complainant was subjected to this rest period. The complainant nevertheless did compete for the term staff nurse position, but failed to make the eligibility list after a poor performance before the interview panel where the very same person who attempted to exclude her from consideration sat. The tribunal concluded, on a balance of probabilities, that the complainant's race and colour were motivating factors in the actions taken by management at RPC. The tribunal also concluded that the complainant had not been given a fair opportunity to compete on a level playing field. The tribunal characterized the events surrounding the non-renewal of her contract as shocking and humiliating to the complainant, and so insensitive as to border on intentional cruelty. The tribunal ordered that Correctional Service Canada reinstate the complainant as a casual employee at RPC for a three-month term at the first reasonable opportunity, and to renew the contract thereafter as function of the needs of the institution. It further ordered payment for lost wages, and the order to took into consideration an inappropriate job reference that had been given to another prospective employer of the complainant.
  
  
• In the Selwyn Pieters case, (Selwyn Pieters v. R. 2001 FCT 496, May 2001), the plaintiff had accepted a term position as a registry officer with the Registry of the Federal Court for the period from June 14, 1999 to December 14, 1999. His contract was not renewed. The plaintiff filed a grievance, alleging that the employer's decision not to renew his employment contract was inequitable, vindictive and resulted in wrongful (constructive) dismissal. The plaintiff stated that there were serious issues affecting both his important constitutional rights as an African Canadian male to equality in employment with the Government of Canada and to protection from discriminatory and bad faith discharge by the Registry of the Federal Court. In its ruling, the court agreed that the plaintiff's claim raised very important Charter issues, but the plaintiff could have presented his labour dispute before an adjudicator. If the adjudicator had refused to hear such issues, the plaintiff would have been entitled to present them to the Federal Court on an application for judicial review of the adjudicator's decision. The Court could have then dealt with the Charter issues. However, the plaintiff did not raise the Charter in the process of the grievance procedure.
  
  
• Another Federal Court of Canada decision in December 2001 affirmed that the Canadian Human Rights Act applies to employees of the House of Commons (House of Commons and the Honourable Gilbert Parent v. Satnam Vaid, 2001 FCT 1332). The case involved a racial discrimination complaint by one such employee against the then Speaker of the House, Mr. Gilbert Parent. Before the tribunal could hear evidence on the case's merits, lawyers for the House of Commons challenged its jurisdiction, arguing that parliamentary privilege shielded the Speaker from scrutiny by the tribunal. The Federal Court dismissed that argument, holding that the scope of the privilege does not extend to human rights violations. This clarifies the broad scope of the Commission's amendments to the Act. This decision has been now been brought before the Federal Court of Appeal.

Article 6
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Article 7 : Education, Culture and Information

• Canada's approach to diversity has evolved over the years and is embedded within a broad framework of civil, political, social, language and minority rights both nationally and internationally. Canada's approach includes ensuring a wide dissemination of the United Nations International Convention on the Elimination of Racial Discrimination, Canada's reports and the Concluding Observations of the Committee on the Elimination of Racial Discrimination. These documents are available free of charge from the Canadian Heritage Human Rights Program at the following website: http://www.pch.gc.ca/pgm/pdp-hrp/index-eng.cfm.
  
  
• Part of the Department of Canadian Heritage, the Multiculturalism Program's approach to fighting racism is multifaceted including elements of public education, institutional change, community action and research. Key partners include youth organizations, schools, non-governmental organizations and all levels of government as well as the private sector. Through the Multiculturalism Program, community initiatives on a national and regional level are supported in their efforts to dismantle systemic discrimination and eliminate racism.
  
  
• Canada continues to fight racism and to promote a more inclusive and diverse society through the March 21 Anti-Racism Campaign, the Mathieu Da Costa Award Program, the Metropolis Project, the Citizenship Education Research Network and the Canadian Race Relations Foundation, all of which are described in the Canada's combined 13^th and 14^th reports.
  
  
• Full participation in the societal processes which set the rules by which we agree to live together is the most salient measure of inclusion. Researchers, NGOs and policymakers from around the world have come together in the Political Participation Research Network (PPRN) to design and conduct research in this vital area. The results have been impressive. Since the initial seminar held in November 1997 in conjunction with the Second National Metropolis Conference, studies have been conducted in over twenty cities around the world. The results of the studies have played key roles in policy development in Canada, especially at the municipal level, but have also revitalized a critical examination at the federal level.
  
  
• The Racism. Stop It ! "Action 2000" special millennium youth project realized in collaboration with the Canadian Human Rights Commission brought together youth from 24 different countries and from across Canada to travel across the country to discuss issues dealing with racism. The project culminated in a concert in Ottawa featuring internationally renowned recording artists from Canada and the United States and a two-day international youth forum. "Action 2000" sought to mobilize youth, artists and leaders around the world in the struggle against racism.
  
  
• The Multiculturalism Program, along with a number of other federal departments, supported the Canadian Bar Association's (CBA) work on the challenges and the barriers that people from racialized communities face in law schools, in the legal market and within the court system across Canada. The 1999 CBA report, Racial Equality in the Legal Profession, looks at some of the systemic barriers and notes ways that people and the institutions in which they work have found to eliminate these barriers or reduce their impact on people from racialized communities. Support was also provided in 2000 to the National Association of Japanese Canadians for a major national conference Era 21 End Racism! Activism for the 21st Century.
  
  
• Many of the Multiculturalism Program's actions to address racism are coordinated at the regional level. The Program works in partnership with various levels of government, institutions, schools and community groups to combat racism and to build a stronger sense of common citizenship among all Canadians. This ensures a direct focus on policies at the community and regional level. Some examples of the Program's community and regional activity are:
  
  
  • in the Atlantic region, the Multicultural Association of Fredericton received support for an intercultural and race relations programme in the schools;
    
    
  • in Quebec, the Centre de recherche-action sur les relations raciales received support for a project on racial equality in the arts in Quebec;
    
    
  • in Toronto, the Urban Alliance on Race Relations for a multi-media education campaign to improve public understanding of multiculturalism, cultural diversity, racism and intolerance;
    
    
  • in British Columbia, a project by the Puente Theatre Society on anti-racism action through stories from around the world;
    
    
  • in the Kelowna area of British Columbia, in 1998 the Multicultural Society of Kelowna received support for a conference on Dealing with Hate Crimes - an Okanagan Valley Experience;
    
    
  • in Ontario, the Guelph and District Multicultural Centre received support to undertake a project on youth involvement in Canadian neo-Nazi hate groups to find ways to counter youth recruitment by hate groups.
    
    
• The Human Rights Commission has continued its work with community organizations across the country to promote human rights values through education. For example, the Commission's Ontario Regional Office and the Ethno-Racial People with Disabilities Coalition of Ontario produced a brochure on human rights. The Commission also participated in a range of activities related to the celebration of Black History Month across Canada. Similarly, the Quebec regional office held in February 2001 a symposium on visible minorities and the Public Service of Canada. The Prairie regional office held a "Stop the Hatred" poster campaign. Similar events and campaigns were held in other regions.
  
  
• In 1997, the Commission published a study entitled Visible Minorities and the Public Service of Canada. The report noted that the federal government's record in hiring and retaining members of visible minority groups was inferior to that of private sector. The report also suggested that visible minority employees often viewed the public service as unresponsive and hostile.
  
  
• The Commission also delivered human rights messages by participating in and co-sponsoring various seminars and conferences addressing racism in Canada. In preparation for the World Conference Against Racism and to mark the United Nations International Day for the Elimination of Racial Discrimination, the Commission sponsored, in 2000, a public education seminar in Ottawa on racism, anti-racism and their effects. Also as a contribution to the World Conference, the Commission published in 2001 a casebook on race-related complaints, which provides examples of discriminatory behaviour, what employers should do to fulfill their responsibilities under the Canadian Human Rights Act, and the types of remedies that are used to address discrimination.

Fighting Hate-Motivated Activity

• In 2001, the Canadian Centre for Justice Statistics released a report Hate Crime in Canada: An Overview of Issues and Data Sources that for the first time, gives a national picture of the extent of hate-motivated crime in Canada and identifies research and data gathering needs (http://www.statcan.gc.ca/).
  
  
• The government is taking action against hate-motivated activity in four primary ways: through public education; through the legal system; through supporting community initiatives to combat hate; and through supporting research.
  
  
• In 1999, the federal government passed legislation that enhances the protection and participation of victims in the criminal justice system. Victims of hate-motivated crimes have increased opportunities to provide victim impact statements that convey to the court the impact of the accused's conduct upon them and their broader community. In March 2000, Minister of Justice and Attorney General announced that $20 million would be provided over the next four years for federal victim-related initiatives and programmes through the Policy Centre for Victims Issues.
  
  
• Collective community initiatives and responses to hate-motivated activity in Canada are key to combatting hate motivated activity. In 1998, the Minister of Justice and Attorney General announced the second phase of the National Strategy on Community Safety and Crime Prevention. The National Strategy aims to increase individual and community safety by equipping Canadians with the knowledge, skills and resources they need to advance crime prevention efforts in their communities. The National Strategy adopts a social development approach, placing a particular emphasis on children, youth, women and Aboriginal peoples. With an investment of $32 million annually, the National Strategy enables the Government of Canada to help communities develop programmes and partnerships that will prevent crime in the first place. The National Strategy is investing in projects that address risk factors in people's lives, such as abuse, violence, poor parenting and drug and alcohol abuse.
  
  
• The Secretary of State (Multiculturalism) (Status of Women) held roundtable meetings in April 1997, February 2000 and June 2000 with victims, civil society organizations, government and technical experts to coordinate efforts to combat hate-motivated activity.
  
  
• National policy and research initiatives have been undertaken including, a 1998 international comparative review of policy approaches to combatting hate on the Internet, a 1999 research overview of hate/bias-motivated acts perpetrated by and against youth, a 2000 research project and publication Promoting Equality in the Information Age - Dealing with Internet Hate by the Canadian Jewish Congress Pacific Region and a comprehensive resource on hate on the Internet by Media Awareness Network (MNet) Challenging Online Hate (http://www.media-awareness.ca).
  
  
• The Internet has become an attractive channel for pornography and hate because of its ability to transcend geographical boundaries, its speed and easy accessibility and the great deal of anonymity enjoyed by its users. As part of the federal strategy to combat hate and bias activity, Canadian Heritage worked with other federal departments, non-governmental organizations, police, Internet service providers and international organizations to address on-line hate activity in Canada.
  
  
• In February 2001, the Minister of Industry and the Minister of Justice, announced the launch of the Canadian Strategy to Promote Safe, Wise and Responsible Internet Use, a new initiative that will equip Canadian teachers and parents with tools and resources to help them protect children against the dangers of illegal and offensive Internet content (http://www.ic.gc.ca).

The Canadian Race Relations Foundation (CCRRF)

• The Canadian Race Relations Foundation Act (CRRF) was officially launched by the government in November 1997. The Foundation operates at arm's length from the government and its directors and employees are not part of the federal Public Service. The principal office of the CRRF is in Toronto and its activities are national in scope. The Foundation received a one-time endowment of $24 million from the Government of Canada and operates on income derived from investments, donations and fundraising efforts. It has registered charitable status. For more information see the following web-site: http://www.cra-arc.gc.ca.
  
  
• The CRRF seeks to shed light on the causes and manifestations of racism; provide independent, outspoken national leadership; and act as a resource and facilitator in the pursuit of equity, fairness and social justice. In 1997-98, the Foundation undertook consultations with key stakeholders across Canada to identify what aspects of racism in Canada today require the greatest attention. Priority areas, consistent with the Foundation's legislated mandate, were established: public education; action-oriented research; and, information, resource development and networking for policy and advocacy.
  
  
• The Foundation emphasizes research that is practical, strategic and with constructive options for change. In November 1997, the Foundation issued its first annual call for research proposals on systemic racism in employment; systemic racism in education; public attitudes; and, race relations training and the development of standards. Such reports as Racist Discourse in Canada's English Print Media and Educating Against Racism: An Annotated Bibliographic Tool of Anti-Racist Resources for Activists and Educators are examples of the commissioned research sponsored by the Foundation.
  
  
• The CRRF speaks out against both overt and systemic racism. During 1998-99, the Foundation launched an "Initiatives Against Racism" Sponsorship Program to support non-governmental organizations across Canada to combat racism and reinforce the positive contributions of racial minorities and Aboriginal Peoples in Canadian society. The CRRF also launched an annual Award of Excellence Program to recognize positive initiatives in the elimination of racism.
  
  
• 1999 was a key year for the development of stronger working relationships with various Aboriginal communities through the Aboriginal Issues Task Force. The Foundation also took to the airwaves with the "Unite Against Racism" public education campaign, aimed at raising awareness and action on anti-racism issues. In its first year of operation, the campaign reached over 22 million television viewers.
  
  
• In 2000-2001, the Foundation recognized that organizations located in rural regions may have less access to resources for conducting anti-racism work and may require more funds to facilitate their research, outreach and communication plans. The CRRF adjusted its Initiatives Against Racism Sponsorship Program to assist organizations located in more isolated areas in addressing these challenges.
  
  
• In January 2001, the CRRF sponsored study UNEQUAL ACCESS: A Canadian Profile of Racial Differences in Education, Employment and Income found that "hidden discrimination" and "polite racism" prevents Aboriginal peoples and visible minorities from gaining equal access to jobs. Conducted by the Canadian Council on Social Development (CCSD) the study was based on quantitative statistics and focus group discussions with visible minorities and Aboriginal peoples in cities across Canada.
  
  
• In preparation for the 2001 UN World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCAR) in Durban, South Africa, the CRRF developed a comprehensive position paper for the NGO Forum, which preceded the WCAR and advocated that the Canadian government set out a programme of action to address issues affecting racial minority groups and Aboriginal peoples in Canada.

World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance

• The Government of Canada actively participated in the World Conference Against Racism and facilitated broad based consultation with other levels of government, civil society and the private sector in preparing for this important global event. As one of the co-sponsors of the UN resolution that led to the convocation of the World Conference, the Government of Canada established a national secretariat at the Department of Canadian Heritage as a national focal point for preparations for the Conference. The Secretariat organized seven regional consultations with civil society that took place across Canada. A national consultation took place in Ottawa on February 23-24, 2001, a National Aboriginal Consultation on April 6-7, 2001 in Winnipeg, Manitoba and a Youth Consultation took place in Ottawa on July14 - 15, 2001. The Secretary of State (Multiculturalism)(Status of Women) also convened an Advisory Committee of 20 eminent persons to help guide Canada's preparations for the Conference.
  
  
• The international preparatory process for the World Conference was also an opportunity to build capacity among Canadian civil society. Non-governmental organizations were sponsored to participate in all of the Preparatory Committee meetings for the World Conference. Canada also participated in two international regional conferences in Strasbourg, France and Santiago, Chile, and participated in the final conference in Durban. The delegation, headed by the Honourable Hedy Fry, Secretary of State (Multiculturalism)(Status of Women), included senior representatives of the federal government, representatives of provincial governments, municipalities, non-governmental organizations, academics, Aboriginal peoples and a broad cross section of Canada's diverse population.
  
  
• Efforts to eradicate racism in Canada were given added impetus through preparations for the World Conference Against Racism. The Government of Canada will seek to improve and build upon a number of programmes currently being administered; as well as the creation of new initiatives to fill the gaps in programming that have been identified. These efforts will result in a re-invigorated Canadian effort to combat racism, racial discrimination, xenophobia and related intolerance.
  
  
• As a result of preparatory consultation for the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, Canada developed a 12-point list of priorities which included: acknowledgement of the past action of racism; recognition of victims and groups vulnerable to racism and the multiple faces of discrimination in society; redress and remedies for the victims of discrimination; the effect of globalization in the fight against racism; the importance of a holistic and forward-looking approach to racism; the importance of fighting against hate propaganda and racial bias; the role of the media in the civil society in fighting racism; the importance of educating youth against racism and intolerance; the importance of international cooperation; and the importance of education and other concrete preventative measures and strategies to fight racism.
  
  

Citizenship and Belonging Campaigns

• Citizenship and Immigration Canada (CIC) works with not-for-profit and private sector organisations in partnerships to promote the integration of newcomers into Canadian society. The Department develops and distributes products that promote a better understanding of diverse cultures, encourage a sense of belonging and respect of all Canadians for our laws and values. CIC's main focus has been on school children, newcomer communities and new citizens. The Department reaches out to the public through national distribution of posters, activity guides and over three thousand citizenship ceremonies annually.
  
  
• To promote the two-way concept of integration, CIC launched the "Canada: We All Belong" campaign and supporting products in 2000. The Welcome Home component of the campaign asked the children of Canada to send messages of welcome to immigrants and refugees on whom Canadian citizenship was conferred. The children responded with thousands of messages, drawings, poems and haikus. Approximately a quarter of a million Welcome Home posters have been distributed to schools, settlement organisations, Members of Parliament, boys and girls associations and other organisations.
  
  
• The "Canada: We All Belong" campaign helps immigrants and refugees to feel more welcome, and also gently reminds Canadians to be more welcoming of newcomers. The Activity Guides, with their cross-curricular, multi-grade approach, fit well into provincial/territorial school curricula. For Canada's Citizenship Week 2001, which was October 14-20 2001, the Government of Canada conducted a national television and newspaper campaign using the "Canada: We All Belong" theme promoting the values of respect, peace and togetherness. This media campaign was initiated to combat the negative perception of some immigrant communities in response to the attacks of September 11^th.

Promotion of Arts and Culture to Combat Racism

• The work of the Arts and Policy Branch of Canadian Heritage supports culture initiatives that combat prejudices that lead to racial discrimination, and more particularly, that promote understanding, tolerance and friendship among nations and racial and ethnic groups. The principle of equity and inclusion are entrenched in the policy directions developed over the last year in national consultation with stakeholders in the community. Initiatives announced by the Prime Minister on May 2, 2001 in support of the arts are informed by these principles. The three key directions of this policy work are excellence and diversity in creativity, connecting people and the arts, and sustaining the sector.
  
  
• In the policy directions, special emphasis is placed on the contribution of Aboriginal cultures and peoples to the identity and spirit of Canada. Fundamental to a vision for the arts is an awareness that Canada has a talent pool in the arts that is increasingly culturally diverse, and the government intends to encourage and sustain cultural diversity through the arts.
  
  
• Aboriginal youth, the fastest-growing segment of the Canada's youth population, are the least likely to acquire the educational and life skills needed to lead stable and rewarding lives, due to economic, cultural and personal hardship. Since 1998, Canadian Heritage has invested in the improvement of the economic, social and personal prospects of urban Aboriginal youth: the Urban Multipurpose Aboriginal Youth Centres Initiative supports the development of a network of culturally-relevant, supportive and accessible projects and activities that are directed at addressing a wide range of issues and needs, which have been identified by Aboriginal youth. These projects are managed by Aboriginal organizations with the guidance and participation of Aboriginal youth.
  
  
• At the conclusion of the United Nations International Year of the World's Indigenous People, the National Aboriginal Achievement Awards were established to recognize and promote the outstanding achievements of Aboriginal people in diverse fields throughout Canada. These awards are continuing with the International Decade of the World's Indigenous People. Celebration of National Aboriginal Day, established in 1996 as June 21, continues to recognize the contributions and achievements of Aboriginal peoples in Canada. These initiatives promote and engender a deeper understanding of Aboriginal peoples and their continuing valuable contributions to Canadian society.
  
  
• Issues relating to racial discrimination are addressed through targeted efforts by the Canadian Studies Program to ensure the representation of Canada's diversity in publicity and educational material, and through the support of projects addressing this diversity in the context of Canadian Studies. The many projects supported include a national conference on the Teaching, Learning and Communicating the History of Canada, featuring dialogue on the place of aboriginal history and involving First Peoples scholars, students and teachers on a significant basis and the successful Scattering of Seeds project, a multi-episode series on the history of Canada through the lives of immigrants.
  
  
• In the year 2000, the theme of the Annual Canada Day Poster Challenge was "Celebrating Canada's Diversity". The activities encouraged students to gain an understanding of the people, places and events that helped to establish our diverse society.
  
  
• The Exchanges Canada initiative aims at providing Canadian youth with opportunities to experience Canada and connect to other Canadians. Through exchanges, youth develop a greater understanding and appreciation for Canada's rich cultural diversity. In addition, Exchanges Canada is undergoing consultations to develop a new programme component on racial discrimination awareness, which would be integrated into Youth Forums Canada programme Encounters with Canada.
  
  
• The National Film Board of Canada (NFB) is a public agency that produces and distributes films and other audiovisual works which reflect Canada to Canadians and the rest of the world. The NFB has implemented a number of initiatives to achieve objectives with regard to diversity, including a Special Mandate Team for cultural diversity that promotes the participation of filmmakers from as many diverse cultural communities as possible.
  
  
• Both the English and French programmes of the NFB have programmes and competitions designed to encourage the realization and development of filmmakers from diverse cultural communities. Special programmes also exist to promote aboriginal participation.
  
  
• The NFB has also produced or co-produced at least 15 films (English and French) featuring counter-racism themes.

Media

• In the areas of broadcasting, issues relating to racial discrimination are addressed in the Broadcasting Act of 1991, which largely promotes equal rights by requiring, among other things, that the Canadian broadcasting system serve and reflect Canadians through its programming and employment opportunities, by taking into account equal rights, the linguistic duality and multicultural and multiracial nature of Canadian society and the special place of Aboriginal peoples. In addition, the Broadcasting Act directs the Canadian Broadcasting Corporation, the national public broadcaster, to provide programming that reflects the multicultural and multiracial nature of Canada. The Canadian Radio-television and Telecommunications Commission (CRTC) regulates the issues of portrayal, employment equity, multicultural and ethnic and Native (Aboriginal) broadcasting. Neither the issues nor the Government's position on such issues have changed in the period under review.
  
  
• In 1996, the Department of Canadian Heritage and Telefilm Canada partnered with private industry to create the Canadian Television Fund (formerly named the Canada Television and Cable Production Fund) to maintain and increase the amount of high quality, distinctively Canadian programming for Canadian audiences. The Fund effectively promotes Canadian culture, intra-national and intra-cultural understanding by encouraging productions in the essential areas of drama, variety, children's shows, documentaries and performing arts in English, French and Aboriginal languages. In 1997/98, the Fund's budget included support for 11 Aboriginal television projects.
  
  
• The Canadian Television Policy Framework, released in June 1999, is a key document by the CRTC which outlines the obligations of broadcasters. It includes rules for various issues including social issues and cultural diversity. All television broadcasters, as a condition of their licence, are required to report on their commitment to accurately reflect the presence of cultural and ethnic minorities and Aboriginal peoples in the communities they serve. Furthermore, licensees are expected to ensure that the on-screen portrayal of all minority groups is accurate, fair and non-stereotypical.
  
  
• The Nothern Native Broadcast Access Program (NNBAP) was established under the Northern Broadcasting Policy in 1983. The mandate is to contribute to the protection and enhancement of Aboriginal languages and cultures through funding and assistance to thirteen Native Communications societies for the production and distribution of radio and television programming that meet the cultural, and information needs of Aboriginal peoples. These societies directly service half a million Aboriginal people. Radio programming produced by the societies reaches over 400 communities, predominantly via independent satellite networks. All the television programming produced by the societies is broadcast on the National Cable Television network - The Aboriginal Peoples Television Network. All the societies are located in the three territories and the northern regions of seven provinces.

International Aid, Cooperation and Development

• Canada's foreign policy, including its international assistance, is guided by overarching objectives, one of which is the expression of Canadian values and culture, which includes respect for human rights and multiculturalism; both of which contribute to the elimination of racial discrimination. The Canadian International Development Agency's (CIDA) mandate is to promote sustainable development in developing countries in order to reduce poverty. CIDA aims to reach the poorest of the poor, many of whom are marginalized as a result of racism and discrimination.
  
  
• CIDA has provided $341,355 to the Roma Community Development Project in the Slovak Republic. This project's long-term goal is to prevent discrimination against Slovakia's Roma minority, through building the community's capacity to meet its basic needs, facilitating Roma participation in democratic governance, and by building the capacity of Slovak government officials to design and deliver programmes which are responsive to the needs of the Roma minority.
  
  
• CIDA has contributed $45,000 to the Vietnam Centre on Population, Labour and Social Affairs to increase the understanding of the legal needs of the Kho Mu ethnic minority, one of the poorest communities in Vietnam. The project surveyed important legal issues for the target group, produced relevant information, and developed training programmes. It allowed the Kho Mu communities to exercise their rights within the framework of Vietnamese law.
  
  
• CIDA has supported the Government of South Africa through a $7 million grant to assist in its redesign of the educational system in an effort to improve accessibility, quality and equity, especially for non-whites and women of the country's education and training systems.
  
  
• CIDA's Action Plan on Child Protection identifies 'children facing discrimination because of their ethnic or religious identity' as a key group of children who need special protection from violence, marginalization, targeting during conflict and unfair treatment by authorities. The Action Plan commits CIDA to working to identify these children in specific situations and ensuring that they receive the assistance to which they are entitled.
  
  
• CIDA has also taken a number of initiatives that specifically address the needs of indigenous peoples: for example, in recognition of the fact that indigenous peoples around the world often face extreme poverty, social and political marginalization, the Minister for International Cooperation announced in March 2001 the Indigenous Peoples Partnership Program, which provides $10 million over a four-year period to support inter-Indigenous development.
  
  
• CIDA has provided over $12 million in support to a programme that promotes respect for human rights and democratic practices as well as peace building, including respect for the identity and rights of the indigenous community in Guatemala. These funds supported activities such as anti-discrimination training for members of the Guatemalan media, encouraged the participation of indigenous Guatemalans in electoral politics, and supported the involvement of indigenous organizations in United Nations-sponsored peace negotiations.
  
  

Article 7
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• Between 1999 and 2000, the total number of federal public employees decreased by 39,625, mostly as a result of Revenue Canada becoming a separate employer, i.e. the Canada Customs and Revenue Agency.
  
  
• Rome Statute for an International Criminal Court, as adopted by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, July 17, 1998, and as corrected by the Procés-verbaux of 10 November 1998 and 12 July 1999, UN Doc. A/Conf. 183/9, 1998 (hereinafter Rome Statute).